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NOTICE OF MOTION

Arshad Ahmed Abdul Gafoor Khan - Suit Stamp No. 14121 of 2017VsState Of Maharashtra And Ors

CNR MHCC0100006420188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 03rd May 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100037/2018
Registration Date
04 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: 04-01-2018
    Business: Adv Asit Singh for plff present.
    Adv Sachin Kadam for deft/state present.
    Mr.Vijay Jadhav, forester present.
    Adv for plff tendered register NM No.37/18 @ affidavit in support.
    Adjd to 16/01/2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2018
    
    Date: 16-01-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2018
    
    Date: 12-02-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-07-2018
    
    Date: 13-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2018
    
    Date: 16-11-2018
    Business: Court is on leave half day after noon session.
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Asit Singh for the Plaintiff present.
    Adv. Sachin Kadam for Defendant nos. 1 and 2 present.
    Adv for the Defendant seeks adjournment for filing reply to N/M. Granted as a last chance.
    Matter is adjd. to 10.10.2019 for reply to N/M/ WS
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: As court is busy in dictating order in Ch/S No.219/2018 of Suit No.529/2014 and hearing of other matters on board. Hence board is discharged.
    Matter is adjd. to 13/04/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 26.02.2021 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv.Singh for Plaintiff.
    Adv.Sanad h/f Adv.Kadam for defendants.
    Last chance is granted for tendering registered NM
    Matter is adjd. to 19.04.2021 for  tendering registered NM and reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 19.01.2022 for NM reply/ rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 05.04.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: None present  for plaintiff.
    Adv. Sachin kadam present for both defendant and sought adjournment to file reply.
    Matter adjourned for nm reply/order To 17/06/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv. Asit singh present for plaintiff and sought adjournment.
    Adv. kapse present for defendant and sought adjournment to file reply.
    Matter adjourned for nm reply/order To 21/07/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As presiding officer is on leave. Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Amin Patel hf adv. Asit singh present for plaintiff. Adv. Sachin kadam present for defendants and sought time to file reply. Matter adjourned for nm reply as a last chance to 29/09/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Asit singh present for plaintiff. Adv. Sachin kadam present for defendant and sought adjournment for filling reply. Adv. Subhedar present for defendant/MMRDA. Matter adjourned for nm reply/order to 01/11/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Asit singh present for plaintiff.
    Adv. Sachin kadam present for defendants and sought adjournment.
    Matter adjourned for nm reply to 01/12/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv Asit Singh present for plaintiff and sought adjournment.
    Adv Sachin Kadam present for defendants.
    Matter adjourned for Notice of Motion reply to 11.01.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Amin patel hf Adv. Asit Singh present for plaintiff.
    Adv. Sachin kadam present for defendant and sought adjournment to file reply and submitted that, matter is referred to high power committee.
    Matter adjourned for nm reply to 17/02/23.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Adv. Asit singh present for plaintiff.
    Adv. Kapse present for defendant and sought adjournment for filling reply.
    Mr. Roshan Sudhakar Shinde, Round Officer, Forest Department, Thane, Mumbai is present.
    Matter adjourned for nm reply to 20/03/23.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Adv. Amin Patel present for plaintiff.
    Adv. Priyanka gavkar hf. Adv. kadam present for deff./STATE and sought adjournment to file reply.
    Matter adjourned for nm reply as a last chance to 21/04/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Adv. Asit singh present for plaintiff.
    Adv. Sachin kadam present for defendants and tendered affidavit in reply to nm. no. 37/2018 t.o.r.
    Matter adjourned for nm hearing to 20/06/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant/Sate.
    Matter adjourned for NM Hearing to 02.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Amin Patel present for plaintiff.
    Adv. Sachin Kadam present for defendant.
    Matter adjourned for NM Hearing to 25.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv. Amin Patel h/f Adv. Asit Singh present for plaintiff.
    Adv. Khedekar h/f Adv. Sachin Kadam present for defendant.
    Matter adjourned for NM Hearing to 26.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv.Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant.
    Matter adjourned for NM Hearing to 09.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Adv. Amit Patel h/f.Adv. Asit Singh present for plaintiff.
    Adv. Khedekar h/f. Adv. Sachin Kadam present for defendant.
    By consent, matter adjourned for NM Hearing to 13.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Adv. Akash Singh h/f.Adv. Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant.
    Matter adjourned for NM Hearing to 14.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Adv. Amin Patel h/f.Adv. Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant.
    Matter adjourned for NM Hearing to 14.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Adv. Asit Singh present for plaintiff.
    Adv. Khedkear h/f. Adv. Sachin Kadam present for defendant.
    Adv. V. G. Shinde present for defendant/BMC.
    Matter adjourned for NM Hearing to 29.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: As Court is on leave. Board is discharged. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: Not on board taken on board.
    Matter is referred to Lok Nyayalay which is on 28.09.2024.
    Issue notice to both parties.
    Matter adjourned for Lok Nyayalay/NM Hearing to 28.09.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No. 8 Plff and advocate absent. Adv Pooja Nagarthwar h/f Adv. Apoorva Dalal for MMC/Defendant present. As plaintiff and advocate absent, therefore, matter not settled. Adjd to 24.10.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: Adv. Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant Nos.1 and 2/State.
    Matter adjourned for NM Hearing to 29.11.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: Adv. Aakash Singh h/f Adv. Asit Singh present for plaintiff.
    Adv. Sachin Kadam present for defendant Nos.1 and 2/State.
    Matter adjourned for NM Hearing to 04.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Sachin Kadam for defendant present.
    Ld. Adv. for defendant points out that, a State level committee is established as per the order of Honble Apex Court in W.P. No.202/1995 to consider the griveance a like one raised by plaintiff in the present suit. He submits that, plaintiff has already approached to the Committee.
    Ld. Adv. for plaintiff seeks short time to take instructions from  client about withdrawal or otherwise of the suit.
    Considering the aforesaid submission, I find it just and proper to refer the matter Lok Adalat Hence, matter is referred to Lok Adalat.
    Matter adjourned for Lok Adalat (If not settled NM Hearing) to 22.03.2025.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK ADALAT HELD ON 22.03.2025 (PANEL- IV)
    Matter pertains to CR No.08
    Adv. Asit Singh for plaintiff  present.
    Adv. Amit Kapse for defendant/State present.
    Mr. Rakesh V. Bhoir, Range Forest Officer present.
    Matter not settled.
    Matter is adjd for NM Hearing to 01.04.2025.
            Panel Head                                             Panel Member
    HHJ. DR. SHRI. S.D. TAWSHIKAR              Adv. Ms. Vijayalaxmi Obhan
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2025
    
    Date: 01-04-2025
    Business: Adv. Asit Singh for plaintiff present.
    Adv. Sachin Kadam for defendant present.
    Heard both sides on substantially.
    Ld. Adv. for defendants seeks time to take instructions as to why the earlier notice dated 30.08.2005 was withdrawn/revoked and to file copy of judgment of Honble Apex Court on which the resolution Exh.2 came to be framed.
    Time granted.
    It is made clear that, no further time would be granted as the Court is due for transfer.
    Matter adjourned for NM Hearing to 21.04.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: Adv. Akash Sing h/f. Adv. Asit Singh for plaintiff present.
    Adv. Sachin Kadam for defendant present.
    Heard both sides on NM No.37/2018.
    Matter adjourned for NM Order to 03.05.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: Adv. Asit Singh present for plaintiff.
    Adv. Sachin Kadam for defendant/State present.
    F.R.S.R. following order passed on Notice of Motion No.37/2018
    ORDER
    a) Notice of Motion No.37/2018 in S.C Suit No. 851/2019 is hereby rejected and disposed of accordingly.
    b) Plaint is hereby rejected as per Order VII Rule 11 (d) of Code of  Civil Procedure, 1908. Separate order to that effect is also passed
     on Exhibit-1.
    c) S.C Suit No. 851/2019 is disposed of. Pending applications, if any, stands disposed of.
    F.R.S.R. following order passed below Exh.1
    ORDER
    a) The plaint of S.C. Suit No. 851/2019 is hereby rejected as per  Order VII Rule 11(d) r/w Section 151 of Code of Civil Procedure.
    b) S.C. Suit No. 851/2019 is disposed of accordingly. Pending applications, if any, also stands disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 03-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100065/2018
    Filing Date: 04-01-2018
    First Hearing Date: 04th January 2018
    Decision Date: 03rd May 2025
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 May 2025

    Order Details: Notice of Motion Pdf Text: NM 37-2018-19 in SU 851/19 1 Dt. 03.05.2025 MHCC010000642018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 37 OF 2018 IN S. C. SUIT NO. 851 of 2019 Arshad Ahmed Abdul Gafoor Khan ...Plaintiff Versus State of Maharashtra & Ors. ...Defendants Appearances :- Ld. Advocate Akash Sing h/f. Advocate Asit Singh for Plaintiff. Ld. Advocate Sachin Kadam for Defendants. CORAM : Dr. S.D. Tawshikar JUDGE, (C.R.NO.08) Heard on :…

    Read Full Order

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