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NOTICE OF MOTION

Smt.Ashadevi Subhash Jaiswal +1 moreVsMCGM +2 more

CNR MHCC0100015620185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 01st November 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100059/2018
Registration Date
05 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 27-02-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Advocate for plaintiff present.
    Def. no. 3 failed to file reply to N/M and written statement. Hence N/M to proceed without reply of def. no. 3 and suit to proceed without W.S of Def. no. 3.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for N/M Hearing to 20/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: In view of office order No. 66/2020 dated 16.03.2020.
    Board is Discharged.
    Matter is Adjourned for NM hearing to 26/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None for plaintiff.
    Advocate Mrs. Vyavahare for defendant/BMC present
    Adjourned for N/M Hearing to 01/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Advocate for plaintiff present.
    Advocate for deft/BMC present.
    Court busy in hearing argument in Suit No. 4668/2004.
    Adjourned for N/M Hearing to 16/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: As presiding officer is on leave hence matter is adjd.to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None Present For Plaintiff.
    Adv. absent for MCGM/defendant.
    As both sides adv. are absent, Matter adjourned for nm dismissal order to. 23/11/21.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Mangesh  Present For Plaintiff and sought adjournment for nm hearing.
    Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
    Matter adjourned for NM hearing on 09-12-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: As court is busy in hearing arguments and dictating on order in suit no. 2973/15, and order on nm no.  1564/18 in suit no. 800/15. Hence, remaining board is discharged and hence matter is adjd. to. 08/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: None for plaintiff.
    Adv. Vyavhare @ Sutar  for MCGM/defendant.
    Court is busy in hearing urgent matter and passing orders. hence board discharged.
    Matter adjourned for NM hearing to 06/10/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv Chitnis for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant No.1 and 2 present.
    None for deft no.3.
    Earlier order if any to continue till the next date
    Matter is adjd for NM hearing on 17-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: CORAM SHRI. R.K. KHOMANE  AD-HOC  JUDGE C.R. NO. 06
    Matter pertains to C.R. 05.
    Adv. Chitnis present for plaintiff.
    Adv. Vyavahare present for def./BMC.
    Earlier order if any to continue till the next date
    Matter is adjd for N/m hearing on 19-01-2023
                                                                                          I/c   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: CORAM SHRI. R.K. KHOMANE  AD-HOC  JUDGE C.R. NO. 06
    Matter pertains to C.R. 05.
    Adv. Chitnis present for Plaintiff.
    Adv. Sutar present for def./BMC.
    Earlier order if any to continue till the next date.
    Matter is adjd for NM hearing on 14-03-2023
                                                                                          I/c   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for Plaintiff.
    Adv. Mrs. Vyavhare for defendant/ BMC present.
    Matter is adjd. to 10/08/2023 for N/M hearing.
    L.O.
    Adv. Mangesh Parte for plaintiff present and prayed for continuation of Earlier order.
    Earlier order if any to continue till the next date with directions to the Adv. for the plaintiff to argue the N/M on next date.
    Matter is adjd. to 10/08/2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: Plaintiff no. 2 present.
    Adv. Chitnis for plaintiff present.
    Adv. Ms. Vyavahare for MCGM/D-1 and D-2 present.
    None for D-3.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd to 12.10.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Adv. Rehan a/w Adv. Chitnis for Plaintiff present.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    Heard arguments of both sides on NM No. 59/2018.
    Matter is adjd  to  01.11.2023 for order on NM No. 59/2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: None for Plaintiff.
    FRSR the following order is passed -
    Order on NM No. 59 of 2018
    1. Notice of Motion No.59 of 2018 is allowed in terms of prayer clause (a).
    2. While granting the interim relief towards disconnecting the drainage line of the suit premises from the main sewerage, the plaintiffs are also directed to take necessary precautions that the drainage line of the suit premises should not cause any health hazard or any unhygienic atmosphere in the said area.
    3.  Costs in cause.
    4. Notice of Motion stands disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 01-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100112/2018
    Filing Date: 05-01-2018
    First Hearing Date: 27th February 2018
    Decision Date: 01st November 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Nov 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.59 of 2018 CNR:MHCC01-000156-2018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.59 OF 2018 IN L.C.SUIT NO.2317 OF 2017 1 Smt. Ashadevi Subhash Jaiswal & Anr. .. Plaintiffs V/s. 1 Municipal Corporation of Brihan Mumbai & Ors. .. Defendants Appearance:- Adv. Rehan a/w Adv. Chitnis for plaintiffs. Adv. Vidya Vyavahare for defendant No.1 and 2/MCGM. None for defendant No.3. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R.…

    Read Full Order

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