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NOTICE OF MOTION

Jehangir D. SumariwallaVsMCGM +3 more

CNR MHCC0100019920185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th November 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100075/2018
Registration Date
06 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: 15-01-2018
    Business: Resumed.
    Adv. Y. G. Mishra for Plaintiff, Adv. J.P. Thakkar for Def.No. 6 to 8, and Adv. Bharat Choudhary for Def No. 9 are present. The court is busy in hearing of NM No. 1687/2017 in Suit No. 1058/2017.  Adj. for hearing to 12.02.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2018
    
    Date: 12-02-2018
    Business: Resumed.
    Adv. H. P D\''souza submits that he has instruction s to appear in the matter and undertakes to file Vakalatnama within a week.  HE also undertakes to serve the Def. no. 7 and 10
    Adv. J. P. Thakkar for Def. No. 6 and 8 filed vakalatnama .
    Adv. Chandramore for Def.No. 1 to 5 and Adv. Choudhary for Def. No. 9
    Time is granted to file a reply to all the defendants.
    Adjd. for compliance, service of Def.No. 7 and 10 and reply of remaining defendants to 23.03.2018
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2018
    
    Date: 23-03-2018
    Business: Resumed.
    Adv. H.P. D\''souza i/b Adv. C D\''souza for plaintiff, Adv. Chandramore for Def. no. 1 to 5.  None for other defendants.
    Adv. D\''souza submits that the plaintiff has complied by serving the NM to all the defendants.
    Adjd. for reply NM to  13.06.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Business: Resumed.
    Adv. Yash Vyas I/b Vivek Khanthawala and Co. filed Vakalatnama and filed reply to NM No. 75/2018 TOR.
    Adv. Nandesh for defendant  No. 6 and 8
    Adjd for NM reply rejoinder to 16.07.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Resumed.
    Adv. Nandesh manik for def. no. 6 to 8 filed reply to NM.  The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and orders on NM No. 2793/2017  in Suit No. 1812/2017.  For want of time the board is discharged.
    Adjd for NM reply to 13.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 568/2017 and 260/2017.  For want of time the board is discharged.
    Adjd for NM reply to  26.09.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: The P.O. is on leave.
    Adv. Brahmand Lexis for plaintiff.
    Adjd for NM reply rejoinder to 31.10.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-10-2018
    
    Date: 31-10-2018
    Business: Resumed.
    The P.O. is busy in hearing arguments on NM in Suit No. 2770/2010 and other sister suits.
    For want of time the board is discharged.
    Adjd for NM reply to 14.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM reply rejoinder to 08.02.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Resumed.
    The P.O. is busy in recording evidence in high Court time bound matter 3215/2014 and hearing final arguments in Suit no. 1330/2012 and NM arguments in Suit No. 1493/2018.  For want of time the board is discharged.
    Adjd for NM reply to 15.02.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Adv.C. D\''soza for plaintiff present.
    Adv. Smt. Patil for defendant no. 1/MCGM present.
    Adv. Thakkar for deft. no. 6 and present.
    Adv. Vyas for deft .no. 9 present.
    Adv. of plaintiff filed Vakalatnama.
    Order below NM No. 75 of 2018
    The plaintiff has not prayed the reliefs (b) and (d). Kept for hearing on relief prayer (a)
    Matter adjd. To 1.3.19 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. C D\''soza for plaintiff present.
    Adv. Smt.Patil for defendant no. 1 to 5/MCGM present.
    Adv. Thakkar for deft. no. 6 and 8 present.
    Adv. Vivek Sharma for deft. no. 9 present.
    The plaintiff to serve the suit summons of the concern parties.
    Matter adjd. to 22.4.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: As Court is busy in dictating judgment in SU No.937/14 and orders in notice of motion, hence, board discharged.
    Matter adjd to 01.07.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv.Mr.D''souza for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Adv.Mr.Manik for defendant no.6 and 8 present.
    Adv.Mr.Vyas for defendant no.9 present.
    Adv.of Plaintiff filed affidavit of writ of summons t.o.r.
    Matter adjd to 02.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-08-2019
    
    Date: 01-07-2019
    Business: Adv.Mr.D''souza for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Adv.Mr.Manik for defendant no.6 and 8 present.
    Adv.Mr.Vyas for defendant no.9 present.
    Adv.of Plaintiff filed affidavit of writ of summons t.o.r.
    Matter adjd to 02.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: As Court is busy in hearing urgent matters and also dictating orders in NM and chamber summons, hence, board discharged.
    Adv.of Deft.No.9 filed application to treat NM reply as WS.
    O-Plaintiff to say.
    Matter adjd to 04.09.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Adv. C. D\''souza for plaintiff present.
    Adv. Vyas for defendant  no.9 present.
    Adv. J. P. Thakkar for defendant  no. 6  and 8.
    Adv. Filed Vakalatnama for defendant  no.6 and 8.
     Adv. J.P. Thakkar for defendant no. 6 to 8 filed W.S.
    Adv.Shri patil for defendant- MCGM present.
    Matter adjd to 27-09-2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Plaintiff and advocate are absent.
    Adv. For defendant no.7 Ms. Meenakshi Sahu present and V/P
    on behalf of defendant no.7 t.o.r. Order-Filed.
    As Court is busy in recording evidence in various matter,
    arguments and passing orders hence, board discharged.
    Matter adjd to 06/11/2019 for hrg.on n.m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff absent and Adv. Mr. C. D\''Souza present.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Adv. Ms. Meenakshi Sahu for defenant nos.6 and 8 present.
    Matter adjd to 08/11/2019 for orders.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff absent and Adv. Mr. C. D\''Souza present.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Adv. Ms. Meenakshi Sahu for defenant nos.6 and 8 present.
    Matter adjd to 08/11/2019 for orders.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Plaintiff and Adv. Absent.
    Mr. Nandish Manek for defendant nos.6 and 8 present and filed draft chamber summons alongwith affidavit t.o.r.
    Order- Leave granted. Chamber Summons be register.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    F. R. S. R. Following order is passed on N/m.75/2018 .-
                                O R D E R
    1)  The Notice of Motion No. 75/2018 is allowed.
    2)  The suit is expedited.
    3)  The Notice of Motion stands disposed off.
    Matter adjd to 20/11/2019 for  W/St.
    Nature Of Disposal: ALLOWED
    Disposal Date: 08-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100250/2018
    Filing Date: 06-01-2018
    First Hearing Date: 15th January 2018
    Decision Date: 08th November 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 75-2018 in Suit No. 14-2018 CNR NO.MHCC01 00019918 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 75 OF 2018 IN L.C. SUIT NO. 14 OF 2018 In the Matter of Jehangir D. Sumariwallla …....Plaintiff V/s. The Municipal Corporation of Greater Mumbai (MCGM) & 9 Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 08th November, 2019 Appearance: Ld.…

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