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RAE

RAKESH CHAMPALAL KOTHARI +2 moreVsManilal Chimanlal Shah +1 more

CNR MHSCA3000608202136-Judge C.R.No. 36
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--Other Wise
Decision Date: 26th July 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
200293/2021
Registration Date
03 Aug 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-08-2021
    Business: Resumed, Before M. K. Shringare Addl Registrar
    Plff absent his holding adv present Deft 1 and 2 absent
    Adj for Issue Summons to deft 1 and 2
    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 and 2 unserved.
    Adj. for issue alias against deft. no.1 and 2.
    Next Purpose: Unserved at 11.00 A.M.
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Resumed. Pltff. absent his holing adv. present. Deft. no. 1 and 2 unserved. Adj. for alias against deft. no. 1 and 2.
    Next Purpose: Unserved at 11.00 A.M.
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Resumed. Pltff.and his holding adv. present. Deft. no. 1 and 2 unserved three attempt of bailiff service completed . Hence matter transfer to CR-36 for step and order
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Resumed.
    Advocate for plaintiff present. On request adj for steps of service against defendant no. 1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: Resumed.
    Nobody present.
    As per Office Order No. 03 of 2022 dated 07/01/2022 and Office Order No. 06 of 2022 dated 28/01/2022 adj for steps of service against defendant no. 1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Resumed.
    Plaintiff absent holding advocate for plaintiff present. On her request adj for steps of service against defendant no.1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Ld. Presiding Judge is on leave.
    Charge is before In charge court C.R.No. 33. Plaintiff and his advocate absent. Adj for steps of service against defendant no. 1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Ld Presiding Officer is on leave. Charge is before In charge Court C.R.No.37.
    Plaintiff absent. Holding advocate for plaintiff present.
    Adj for steps of service against defendant no. 1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: As per office circular no. 76 of 2022 Dt. 25.08.2022 a special holiday declared on 03.09.2022 on account of Ganesh Festival. Hence matter is kept on 05.09.2022.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Resumed.
    Plaintiff and his advocate absent. Adj for steps of service against defendant no.1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Resumed.
    Plaintiff  and his advocate present. Adj for Steps of service against defendant no 1 and 2.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Resumed.
    Advocate for plaintiff present. Application for taken on board. Allowed. Application made for correction in the name of defendant no.1. Allowed. Adj for compliance of order below Exh-10.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Resumed
    Holding advocate for plaintiff present.
    Adj for filing amended copy of plaint.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Resumed.
    Plaintiff and his advocate for plaintiff present. Adj for filing amended copy of plaint.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: Resumed.
    Plaintiff and his advocate present . Adj for filing amended copy of plaint.
    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
    None present.
    Adj for filing amended copy of plaint.
    Next Purpose: For Steps Orders at 2.45 P.M.
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Resumed.
    Holding advocate for plaintiff present. Amended plaint by her. Amended alias granted against defendant. Alias granted against defendant
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Resumed.
    Nobody present. Adj for alias as per Exh-11.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Resumed.
    None present. Alias granted against defendant in Exh-11.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Resumed.
    Advocate for plaintiff present. Alias granted against defendant in Exh-11.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Resumed.
    Holding advocate for plaintiff present. On her request adj for steps of service against defendant
    Next Purpose: StepsOrders at 11.00 A.M.
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Resumed.
    Plaintiff no.3 and his holding advocate present. Application made by her for sub-service against defendants. Allowed as prayed. Alias granted against defendants for RPAD and Pasting.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Resumed.
    Plaintiff and his advocate present. Amendment application made by plaintiff. Copy received by proposed defendant no.1b. Alias granted in Exh-14 against proposed defendant no.1a and 1c in Exh-14 and against defendant no.2 for RPAD and pasting
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Resumed.
    Plaintiff absent. Holding advocate present. Defendant absent. Advocate for proposed defendant no.1a to 1c present.  S.V filed by advocate Rajendra jain for proposed defendant no.1a to 1c. Adj for alias against defendant no.2 for RPAD and pasting.
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Resumed
    Both parties are absent. Holding advocate are present. Alias granted against defendant no.2 for RPAD any pasting
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: Resumed
    Plaintiff and advocate present. Defendant absent and advocate present. Adj for alias against defendant no.2 by RPAD and pasting
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 29-06-2024
    
    Date: 29-06-2024
    Business: Resumed
    Both the parties absent. Holding advocate for plaintiff present and proposed defendant advocate present. Adj for alias against defendant no.2 by RPAD and pasting
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Resumed
    Both parties and their advocates present.
    Exh-16/D Appln for T.O.B filed by advocate for plaintiff . O-Allowed.
     H.W say filed by proposed defendant on Exh-14.  Heard both side on Exh-14.  Order passed on exh-14 . O- Application allowed (see detail order)
    Exh-17/B C.T filed. O- Read over the consent Terms hence further order passed below Exh-1.
    Exh-18/D Appln for withdrawal of suit  against defendant no.2 filed by plaintiff. O- Perused plaint as per plaint is sub tenant know suit premises is in possession of defendant no.1 hence allowed the amendment application but filed amended copy of plaint.
    Adj for supplying amendment plaint
    Next Purpose: Unserved at 2.45 P.M.
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Resumed
    Both parties and their advocates are present.
    On previous date both parties have filed consent terms vide Exh.17/B. O- further order passed below Exh-1.
    Order passed below Exh-1.The suit disposed off as compromise.
    the decree be drawn up according to the terms of compromise vide Exh.17
    court fees be refunded as per rule.
    Nature Of Disposal: Other Wise
    Disposal Date: 26-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 200454/2021
    Filing Date: 18-06-2021
    First Hearing Date: 06th August 2021
    Decision Date: 26th July 2024
    Court Number And Judge: 36-Judge C.R.No. 36

    Orders

    4
    Final Order 3Full order available
    26 Jul 2024

    Order Details: Decree Pdf Text: -- 1 of 47 -- -- 2 of 47 -- -- 3 of 47 -- -- 4 of 47 -- -- 5 of 47 -- -- 6 of 47 -- -- 7 of 47 -- -- 8 of 47 -- -- 9 of 47 -- -- 10 of 47 -- -- 11 of 47 -- -- 12 of 47 -- -- 13 of 47 -- -- 14 of 47 -- -- 15 of 47 --…

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    Final Order 2Full order available
    26 Jul 2024

    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. 293 OF 2021 (CNR-MHSCA-3000608-2021) 1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs Versus 1. Shri Manilal Chimanlal Shah (deleted since deceased) 1a. Mr. Bhupendrabhai Maneklal Modi and Ors. … Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. Mr. Rajendra Jain and Mr. Pranil Lahigade, Ld. Advocate for Defendants. Coram…

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    Interim Order 1Full order available
    24 Jul 2024

    Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 14 IN R.A.E. SUIT NO. 293 OF 2021 (CNR-MHSCA-3000608-2021) 1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs Versus 1. Shri Manilal Chimanlal Shah and Anr. … Defendants And 1. Mr. Bhupendrabhai Maneklal Modi and Ors. … Proposed Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. Mr. Rajendra Jain and Mr. Pranil Lahigade, Ld. Advocate…

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    Order 1Full order available
    24 Jul 2024

    Order Details: Order on Exhibit Pdf Text: .. 1 .. IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT – 14 IN R.A.E. SUIT NO. 293 OF 2021 (CNR-MHSCA-3000608-2021) 1. Shri Rakesh Champalal Kothari and Ors. … Plaintiffs Versus 1. Shri Manilal Chimanlal Shah and Anr. … Defendants And 1. Mr. Bhupendrabhai Maneklal Modi and Ors. … Proposed Defendants Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs. Mr. Rajendra Jain and Mr. Pranil Lahigade, Ld. Advocate…

    Read Full Order

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