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RAE

RAKESH CHAMPALAL KOTHARI +2 moreVsSmt. Rita Kiritbhai Vora +2 more

CNR MHSCA3000591202136-Judge C.R.No. 36
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 16th May 2023

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200288/2021
Registration Date
02 Aug 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Maharashtra Rent Control Act · Sec 15 (1) · 16 (1)(e) · 16 (1)(k)

    Case History / Proceedings

    Case History
    Date: 04-08-2021
    Business: Resumed Before Addl. Registrar M.K.Shringare.
    Pltff. absent his adv. present.
    Adj. for issue summon to deft. 1 to 3
    Next Purpose: Unserved at 11.00 A.M.
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Resumed. Pltff. and his adv. absent. Deft. no. 1 to 3 unserved. As per bailiff report deft. no. 1 to 3 not staying in given address. Hence matter transfer to CR-36 for step and order .
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Resumed.
    Holding advocate for plaintiff present. As per bailiff report defendant no.1 to 3 not staying in given address. Hence adj for steps of service.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Ld presiding judge is on leave. Holding advocate for plaintiff present. Adj for steps of service against defendant no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Resumed.
    Plaintiff absent holding adv present. Deft and adv absent.
    As per office order no. 03 of 2022 Dt. 07.01.2022 adj for steps of service against deft no. 1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Resumed,
    Plaintiff absent.  Holding Adv for plaintiff present. Adj for steps of service against defendant no 1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Resumed.
    Holding advocate for plaintiff present. Adj for steps of service against defendant no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Resumed.
    Plaintiff no. 3 and his advocate present.
    Application made by advocate for plaintiff for amendment. Heard. Order is passed on application Exh. 9. Application is allowed.
    Adj for compliance of order below Exh. 9 (amendment) and for filing amended copy of plaint.
    One Mr. Chetan Vora and Mrs. Manisha Chetan Vora is present before the Court.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Resumed
    Plaintiff absent. Advocate for plaintiff present.  Application made by her for extension of earlier order.  Application is allowed. Adj for compliance of order below Exh 9
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Ld Presiding Judge is on leave. Charge is before In charge Court C.R.No.37.
    Plaintiff no.3 and his advocate present.
    Amendment is carried out as per order dt.02.07.2022 in Exh-9. Defendant no.4 and 5 present. Amended copy received by them.
    Amended alias granted against defendant no.1 to 3.
    Adj for filing amended copy  of plaint to the court and WS of defendant no.4 and 5.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Resumed.
    Plaintiff absent. Adv for plaintiff present.
    Amended plaint filed by plff. SV filed by advocate Jainish Jain for deft no. 4 and 5.
    Adj for steps of WS of deft no. 4 and 5.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Ld Presiding Judge is on leave.
    Charge is before Incharge Judge C.R.No.33.
    Holding advocate for plaintiff present. Adj for steps of W.S of defendant no.4 and 5.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Ld Presiding Judge is on leave.
    Charge is before Incharge Judge C.R.No.33.  H.Adv for pltff present. Deft no.4 and 5 present. S.V filed by Mrs Solicis Lex for deft no.4 and 5.  On request adj for steps of W.S of deft no.4 and 5 and Steps for service against deft no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Ld. Presiding Judge is on leave. The charge is before Incharge Judge C.R.No.37.
    Plaintiff and advocate absent.
    CA of defendant no. 4 and defendant no. 5 present.Holding advocate for defendant present.
    Adj for steps of W.S. of deft no.4 and 5 and Steps for service against deft no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Ld Presiding Judge is on leave. Charge is before incharge court C.R.No.37.
    Defendant no.4 and 5 present. Holding advocate for defendant no.4 and 5 present. Adj for steps of W.S. of deft no.4 and 5 and Steps for service against deft no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Ld Presiding Judge is on leave.Charge is before incharge Court C.R.No.37
    Holding advocate for defendant present.
    Adj for steps of W.S of defendant no.4 and 5 and steps of service against deft no.1 to 3
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Resumed.
    Plaintiff absent. Holding advocate for plaintiff present. Defendant no.4 and her holding advocate present. application made by defendant no.4 and 5 for delay condonation in filing W.S. H.W say given by advocate for plaintiff on Exh-13. Adj for Hg on Exh-13 and steps of service against defendant no.1 to 3.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 16-05-2023
    
    Date: 16-05-2023
    Business: Resumed.
    Plaintiff no.2 for himself and  as C.A of plaintiff no.1 and 3 present. Advocate for plaintiff present. Defendant no.4 to 5 present. Advocate for defendant Smt. Pamela Dalal holding for M/s. Solicis Lex for defendant no.4 and 5 present. Application made by plaintiff for taken on board. Allowed. Application made by plaintiff for amendment. H. W say given by advocate for defendant no.4 and 5. Application allowed. Amendment is carried out amended plaint filed. Heard both the advocates on Exh-13. order is passed, Application is allowed subject to cost of Rs.2000/- payable to plaintiff. Cost paid. W.S is taken on record. By consent matter referred for mediation. Mediation report as settled is filed. Consent Terms filed.  As per consent terms plaintiff has withdrawn the suit against defendant no.1 to 3 unconditionally and consent terms are filed between plaintiff and defendant no.4 and 5. Order passed on consent terms. O-read and recorded.
    Order passed below Exh-1.
    1. In view of Consent Terms (Exh.23) the suit is disposed off.
    2. Compromise decree be drawn up in accordance with the Consent terms (Exh.23)
    3. Consent Terms (Exh.23) shall form part of the decree.
    4. The suit is disposed off against defendant nos. 1 to 3 as it is unconditionally withdrawn by the plaintiffs.
    5. Necessary Court fees be refunded as per the procedure of law.
    6. All the pending applications are hereby disposed off as filed.
    Nature Of Disposal: Other Wise
    Disposal Date: 16-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 200458/2021
    Filing Date: 18-06-2021
    First Hearing Date: 04th August 2021
    Decision Date: 16th May 2023
    Court Number And Judge: 36-Judge C.R.No. 36

    Orders

    4
    Final Order 4
    16 May 2023
    Order Details: Decree
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    Final Order 3Full order available
    16 May 2023

    Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 1 IN R.A.E. SUIT NO. 288 OF 2021 (CNR-MHSCA-3000591-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Smt. Rita Kirtibhai Vora and Ors. ...Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. M/s. Solicis Lex, Ld. Advocate for Defendants. Coram :- R. N. Bansal, Judge C. R. No. 36 [B.B.] Date :- 16/05/2023 ORDER…

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    Final Order 2Full order available
    16 May 2023

    Order Details: Order on Exhibit Pdf Text: .. 1 .. 0IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 23 IN R.A.E. SUIT NO. 288 OF 2021 (CNR-MHSCA-3000591-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Smt. Rita Kirtibhai Vora and Ors. ...Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. M/s. Solicis Lex, Ld. Advocate for Defendants. Coram :- R. N. Bansal, Judge C. R. No. 36 [B.B.] Date :- 16/05/2023 ORDER…

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    Final Order 1Full order available
    16 May 2023

    Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 13 IN R.A.E. SUIT NO. 288 OF 2021 (CNR-MHSCA-3000591-2021) 1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs Versus 1. Smt. Rita Kirtibhai Vora and Ors. ...Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. M/s. Solicis Lex, Ld. Advocate for Defendant. Coram :- R. N. Bansal, Judge C. R. No. 36 [B.B.] Date :- 16/05/2023 ORAL…

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