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NOTICE OF MOTION

Harpal Singh Arora - Suit No.1556 of 2018VsMCGM And Ors

CNR MHCC01000186201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 09th January 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100074/2018
Registration Date
06 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: 23-01-2018
    Business: Advocate Mr. Acharya for the Plaintiff present.
    Advocate Ms. Hajare for BMC/deft present.
    Original registered N/M no. 74/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Advocate for the Defendant seeks adjournment for filing reply and w.st. Granted.
    Advocate for the Plaintiff seeks extension of time to register the suit. Granted as a last chance.
    Matter adjd to 19.03.2018 for reply and w.st by the Defendant.
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Adv. Rathod for Plaintiff present.
    Adv. Mr. Khandagale for Deft./BMC present.
    Earlier order to continue till next date.
    Matter is adjourned to 05-05-2018 for N/M reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Advocate Mr. Kanade  for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Earlier order to continue till next date.
    The court is busy in hearing arguments in urgent matters.
    Hence matter adjd to 9.08.2018.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: REPLY
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Advocate for Plaintiff
    Earlier order to continue till next date.
    Court is busy in hearing urgent application in suit nos.2670/18, 2671/18, 2672/18,2073/18 and 2375/18 and suit stamp no.13431/18, hence board is discharged and case is adjourned to 21/12/2018.
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Plff and his adv absent.
    Adv. Tondwalkar for BMC/Deft present and submitted that matter are pertaining to L ward. Hence matter may be adjourned of reply.
    Earlier order continued till next date.
    Case is adjourned to 05.03.2019 for Notice of Motion reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Court is busy in dictating Judgment in suit no.7320/88, hence case is adjourned to 13/06/2019.
    Earlier order to continue till next date.
    Next Purpose: REPLY
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Advocate Ashif Hussain  for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present and sought time to file reply on NM. Time is granted.
    Advocate Mhatre undertakes to serve the copy of reply on Plaintiff well in advance.
    Earlier order to continue till next date.
    The case is adjourned to 16.07.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adjd. to 22-07-2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04 in the morning session and in dictating orders in suit no.354/18 in afternoon session. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 24.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted as last opportunity.  Failure of defendant to submit reply on or before next date will result in further orders.
    Earlier order to continue till next date.
    The case is adjourned to 07.01.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Mr. Shraddha Chaurasia h/f adv. Acharya for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply, added that suit site is near Mithi river, it may come under road widening. BMC to call concern officer with instruction, by which matter can be send for mediation.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 01.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Ms. Shraddha Chaurasia h/f adv. Aacharya for plff present.
    Adv. Mrs. Tondawalkar for deft./MCGM, prayed for adjd. to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 21.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None for plaintiff.
    Adv. Ms. Mhatre  for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 07.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Business: National Lock down.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19 matter is adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. Puja Mishra h/f Adv. Hussain for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 10.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Ms. Pooja Mishra for plaintiff is present and she is informed that the matter is placed in National lok-adalat and to ensure presence of plaintiff on that day.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for National Lok-adalat to 12.03.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-03-2022
    
    Date: 12-03-2022
    Business: None present from Plff.
    Adv. Mrs. Mhatre for BMC present. Sub Engineer Mr. Pawar of Maintenance Dept present.
    Matter is adjd to 12.4.22.
    Next Purpose: HEARING
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: PO is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: None for Plaintiff.
    Mr. Aniket Marganwar, Junior Engineer, \''L\'' Ward, MCGM present.
    Adv Sunil Khandagale for defendant / BMC present.
    Matter stands Adj to 13/06/2022.
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for  no  NM reply and no W/S Order.
    Earlier order, if any, to continue till the next date.
    Adjourned for No reply order to 17-08-2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv. Ms. Pooja Mishra for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Matter was referred to lok-adalat and adjourned to 10.10.2022.
    Adjourned for NM hearing to 10.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Pooja Mishra for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present. He submitted that as per the information, the defendant is not going to implement the public notice involved in the matter. Hence, the defendant is directed to ensure presence of the concerned Officer A Maintenance Department to make statement in this regard, so as to pass suitable orders.
    Adjourned for compliance (LN)  to 02.11.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    Mr. Bhagwan Laxman Pawar, SE, Maintenance Department, \''L\'' Ward is present. He made the statement that the defendant is not going to act upon the Public Notice dtd. 21.11.2017 and therefore, the suit may be disposed of. His statement is taken on record.
    KB LO at 03:30 pm.
    Adv. Nobert D\''soza for the plaintiff is present. He submitted that in view of this statement, the matter may be placed before National Lok-adalat for the withdrawal of the suit. He also undertook to secure presence of the plaintiff on that day. By consent of the parties, issuance of separate notice is dispensed with and the matter is referred to the ensuing Lok-adalat.
    Adjourned for Lok-adalat to 12.11.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.11
    Plaintiff absent.
    Shri Khandagale for defendant/BMC present.
    Shri. Aniket Marganwar for BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 16.12.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Adv. Nobat D\''souza for plaintiff present. He submitted that in view of the statement of the concerned Officer, the NM may be disposed of as it has become infructous. His statement taken on record.
    Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM Order to 09.01.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv. Mr. Fayzan Khan for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS Order against the defendant.
    Order below exhibit No. 01:
         In view of the statement dtd. 02.11.2022 of Mr. Bhagawan Laxman Pawar, SE, Maintenance Department, \''L\'' Ward, to the effect that the defendants are not going to act upon the public notice dtd. 21.11.2017, the learned advocate for the plaintiff submitted for disposing of the NM. Consequently, NM No. 74/2018 stands disposed of as it has become infructous.
    Adjourned for no WS Order to 03.02.2023.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 09-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100224/2018
    Filing Date: 06-01-2018
    First Hearing Date: 23rd January 2018
    Decision Date: 09th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 Jan 2023
    Order Details: Other
    Pdf Text: 09.01.2023
    Sr. No. 33
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1556/18
    NM 74/2018
    Adv. Mr. Fayzan Khan for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and
    orally requested for time to file WS. Sufficient time is already
    granted. Hence, this request is discarded. The suit is posted for no
    WS Order against the defendant.
    Order below exhibit No. 01:
    In view of the statement dtd. 02.11.2022 of Mr. Bhagawan
    Laxman Pawar, SE, Maintenance Department, 'L' Ward, to the effect
    that the defendants are not going to act upon the public notice dtd.
    21.11.2017, the learned advocate for the plaintiff submitted for
    disposing of the NM. Consequently, NM No. 74/2018 stands
    disposed of as it has become infructous.
    Adjourned for no WS Order to 03.02.2023.
    Judge
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