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NOTICE OF MOTION

Mohamed Haroon Khan - suit st no.6371 of 2018VsMCGM +1 more

CNR MHCC0100644220189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th February 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101959/2018
Registration Date
23 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2018
    
    Date: 26-07-2018
    Business: Matter adj. to 16/08/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Matter adj. to 14/11/2018 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: dv. Ms. Mahamuni for the Plaintiff present.
    Adv. for Defendant present.
    The Plaintiff is directed to register the suit without fail prior to next date, failure to which suit will be dismissed.
    Matter is adjd. to 4.09.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: The Court is on Leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Mr. Kadu for Plaintiff is present.
    Adv. Ms. Chandramore for BMC/Defendant no. 1 present.
    Adv Mr. Shukla h/f Khatib for Defendant-2 present.
    Defendant-1 and 2 failed to file reply. Hence no reply order is passed against Defendant no. 1 and 2
    Matter is adjd to 28.02.2020 for N/M hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: None for plaintiff.
    Adv. Ms. Chandramore for D/1 present.
    Adv. Kudalkar for D/2 present.
    Adjd. for NM hearing to 29/4/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Mr. M. S. Kadu for the plaintiff.
    Adv. Chandramore for the defendant No.1.
    Reply not filed.
    Last chance is granted for NM hearing.
    Matter is adjd. to 06/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. 05.07.2021 to for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
    Matter is adjd. to 28.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 31.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: None present for the parties.
    Matter is adjd. to 04-07-2022 for N/m hearing..
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: None present for plaintiff.
    Adv. Chandramore for BMC present.
    Adv. Kudalkar for defendant no. 2 present.
    Matter is pending since long for hearing of N/m. Plaintiff remains absent for hearing N/m. Therefore if plaintiff failed to proceed with notice of motion on the next date. N/m will be dismissed.
    Matter is adjd. to 24-08-2022  for  N/m dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for plaintiff.
    Adv.Chandramore for defendant no.1/BMC present.
    Adv. Kapse for defendant No. 2 present.
    Matter is adjd. to 03.09.2022 for NM no. 1959/18 dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: As per office order no. 178/22 dtd. 25.08.2022, Declared special holiday on account of Ganesh Festival on 03.09.2022.
    Hence, Matter is adjd.to 08.10.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None present for Plaintiff.
    Adv. Kapse for Deft.No.2/State present.
    The NM is 1959/18 is for dismissal since 04.07.2022. The sufficient opportunities have been given to plaintiff for hearing NM, but plaintiff failed to remain present for hearing. It appears that plaintiff does not want to proceed with NM. Hence, Notice of Motion No. 1959/18 is hereby dismissed.
    The plaintiff not served the Writ of summons to deft.
    Therefore, plaintiff is directed to file service affidavit.
    Matter is adjd. to 08.12.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: None present for plaintiff.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjd. to 02.02.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None present for plaintiff.
    Adv. Chandramore for defendant/BMC present.
    Perusing record, it appears that plaintiff is absent since long for filing service affidavit. Hence, suit is fixed for dismissal order on next date.
    Matter is adjourned to 18.02.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Already dismissed on 08.10.2022
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107030/2018
    Filing Date: 23-05-2018
    First Hearing Date: 06th June 2018
    Decision Date: 18th February 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    18 Feb 2023
    Order Details: Notice of Motion
    Pdf Text: None present for plaintiff.
    Adv. Priyanka Gaonkar h/f Adv. Kudalkar for Defendant no. 2/State present.
    Perusing record, it appears that since from filing suit the plaintiff not served writ of
    summons to defendant and matter is pending for service since long and plaintiff not
    taking steps hence, suit was fixed for dismissal order on 02.02.2023. Today also
    plaintiff is absent for filing service affidavit. It appears that plaintiff does not want to
    proceed with this suit. Hence, suit is dismissed for want of compliance.
    -- 1 of 1 --
    Order 1
    18 Feb 2023
    Order Details: Notice of Motion
    Pdf Text: None present for plaintiff.
    Adv. Priyanka Gaonkar h/f Adv. Kudalkar for Defendant no. 2/State present.
    Perusing record, it appears that since from filing suit the plaintiff not served writ of
    summons to defendant and matter is pending for service since long and plaintiff not
    taking steps hence, suit was fixed for dismissal order on 02.02.2023. Today also
    plaintiff is absent for filing service affidavit. It appears that plaintiff does not want to
    proceed with this suit. Hence, suit is dismissed for want of compliance.
    -- 1 of 1 --

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