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NOTICE OF MOTION

Abdul Sama Merchant - Suit Stamp No.14134 of 2017VsMCGM And Anr

CNR MHCC0100000420185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th April 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100001/2018
Registration Date
01 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 01-01-2018
    Business: Adv. Mr. Anand Pande for plantiff present.  Adv for plaintiff filed registered NM no. 01-18 alongwith affidavit in support.  It is TOR.  Adv. for plaintiff also filed draft ch/s.  Leave to registered is granted.  Defendant and its Ld. Adv. are absent.  Defendants are not filed any reply to nm no. 01-18.  Hence, the NM no. 01-18 be proceeded without reply of defendant.  Status to order dt. 30-12-17 is extended till 04-01-2018.  Matter is adj. to 04.01.2018 for nm hearing and ch/s reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-01-2018
    
    Date: 04-01-2018
    Business: Resumed.
    Adv. Ms. Patil alongwith Sub Engineer Mr. Ghane for BMC, Adv. Anand Pandey for Plaintiff are present.  On 1.01.2018 the Ld. in-charge court directed to hear the NM No. 1/2018 without reply of the Def. Today the Ld. Adv. for the Def. submits that the Def. will  apply for setting aside that order and also file reply on 10.01.2018.
    The Ld. Adv. for BMC filed reply to the Ch/s No. 1/2018.  Both the parties to maintain status-quo at suit property till 10.01.2018.  Adj. for hearing of NM to 10.01.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2018
    
    Date: 10-01-2018
    Business: Resumed.
    Heard, Adv. Anand Pande for Plaintiff supplied copy of amended plaint to Def. Adv.Ms. Patil for BMC seeks time to file reply to NM No. 1/2018.  Granted as a last chance.  Earlier order if any to continue till the next date.  Adj. for reply and argument on NM to 24.01.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-01-2018
    
    Date: 24-01-2018
    Business: Resumed.
    The court is busy in recording evidence in Session Case No.750/12 and Judgment in suit no.1102/06.
    Earlier order if any to continue till next date.
    Adj. for N/M for arguments to  09.03.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-03-2018
    
    Date: 09-03-2018
    Business: Resumed.
    Adv. Anand Pandey for plaintiff, Adv. Patil for BMC are present.
    Adv. Patil file reply and compilation of documents. O - R and R. Earlier order if any to continue till the next date.
    Adjd. for arguments on NM No. 1/2018 to 23.04.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-04-2018
    
    Date: 23-04-2018
    Business: Resumed.
    Adv. Mishra for plaintiff and Adv. Patil for BMC are present.
    Adv. Mishra seeks time to argue the NM.  Granted as last chance.  Earlier order if any to continue till the next date.
    Adjd. for NM arguments to 15.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-06-2018
    
    Date: 15-06-2018
    Business: Resumed.
    Adv. Mishra  for plaintiff  is present.
    Earlier order if any to continue till the next date.
    Adjd for N./M. argument to 2.07.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Resumed.
    The P.O. is busy in judgment in NM No. 3134/2016 in L.C. Suit no. 1729/2016.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 10.08.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Resumed.
    Adv. Dubey for plaintiff is present.
    The P.O. is busy in dictating judgment in Suit Nos 2814/2009, 2815/2009, 2816/2009 and 2817/2009 and hearing of ad-interim in Suit no. 2011/2018 and 2012/2018 and Suit No. 3068/2007.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 21.09.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: Resumed.
    Adv A. A. Pandey for plaintiff and Adv Patil for defendant are present.
    Adv Pandey seeks time to argue the matter on the ground that his personal difficulty.  Time is granted as last chance.  Earlier order if any, to continue till next date.
    Matter adjd for arguments to 02/11/2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Resumed.
    Adv. Harsh Pande for plaintiff is present.
    The P.O. is busy in dictating order in ad-interim reliefs in Suit No. 2830/2018 and hearing final arguments in high Court time bound matters i.e. 2187/2006 and 3169/2006.  For want of time the board is discharged.
    Earlier order if any to continue till the next date.
    Adjd for NM arguments to 09.01.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Resumed.
    Adv. Rajnish Dubey for plaintiff and Adv. Ms. Patil for MCGM are present.
    In order to maintain proper record the following Exh. are marked.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Adv. Dubey seeks time to argue the NM.  Time is granted.
    Earlier order if any to continue till the next date.
    Adjd for NM arguments to 20.02.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: As court busy in recording evidence in S.C.No. 3215 of 2014. Hence board is discharged.
    Matter adjd. to 15.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Adv.Shukla h/f. Adv.Mr.Pande for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Ld Adv.Shukla seeks adjournment due to personal difficulty of Adv. Pande. Granted as last chance.
    Earlier order if any to continue till the next date.
    Matter adjd to 15.04.2019 for NM hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-04-2019
    
    Date: 15-03-2019
    Business: Adv.Shukla h/f. Adv.Mr.Pande for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Ld Adv.Shukla seeks adjournment due to personal difficulty of Adv. Pande. Granted as last chance.
    Earlier order if any to continue till the next date.
    Matter adjd to 15.04.2019 for NM hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Adv.Mr.A.A.Pande for plaintiff present.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Heard both the sides.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.04.2019 for Order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Adv.Dubey for plaintiff present.
    Matter pertains to A ward.
    Regular Steno is absent.
    Earlier order if any to continue till the next date.
    Matter adjd to 24.04.19 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. Mr.Dubey for plaintiff present.
    Adv.Smt.Patil for defendant/MCGM present.
    F.R.S.R. following order has passed -
                               ORDER
    1.   The notice of motion No.01/2018 is made absolute.
    2. The defendant/corporation is restrained by temporary injunction from acting upon the notice u/s 354 A of MMC Act dated 22/12/2017 and the order dated 28/12/2017 in respect to the suit structure.
    3. Notice of Motion stands disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-04-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100001/2018
    Filing Date: 01-01-2018
    First Hearing Date: 01st January 2018
    Decision Date: 24th April 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 01/18 IN LC SU 01/18 CNR NO.MHCC011/2018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.01 OF 2018 IN L.C.SUIT NO.01 OF 2018 Abdul Samad Merchant ... Plaintiff Versus 1. The Municipal Corporation of Greater Mumbai & Anr. ... Defendants Coram : H.H.Shri Sanjay N. Yadav, Judge (Court Room no. 05) Date : 24th April, 2019. Mr.Anand A. Pandey, advocate for plaintiff. Mr.Pradeep Patil, advocate…

    Read Full Order

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