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NOTICE OF MOTION

Shri Prakash Kundandas NagpalVsMCGM +2 more

CNR MHCC0100035020185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 20th June 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100106/2018
Registration Date
09 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 10-01-2018
    Business: Resumed.
    Adv. Sherekar for Plaintiff, Adv. Trilokekar for Def. No. 2 and 3 and Adv. Ms. Patil for BMC are present.  Adv. Trilokekar filed Vakalatnama and preliminary objections for Def. No. 2.  Adv. Sherekar filed registered NM NO. 106/2018 with affidavit. Adv. Patil undertakes to file reply to NM on next date.  Adj. for reply of BMC and arguments on NM to 16.02.2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-02-2018
    
    Date: 16-02-2018
    Business: Resumed.
      The Court is on leave.
    Adjd. for NM argument to 16.04.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM No. 45/2016 in Suit No.2990/2015 and Stamp No. 5277/2018.  For want of time the board is discharged.
    Adjd. for NM arguments to 16.07.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and NM No.    in Suit No. 2181/2011 and orders on NM No. 2793/2017  in Suit No. 1812/2017.  For want of time the board is discharged.
    Adjd for NM arguments to 24.08.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Business: Resumed.
    Adv. Sarika Kamble for plaintiff, Adv. Suresh Dhole for def. no. 2 and Adv. 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. Kamble tendered original writ of summons  and registered NM No. 106/2018.
    Exh. 6 -  Written statement of def. no. 2 and 3. O - R and R.
    Exh. 7 - pursis by def. no. 2 that action under notice is completed.  Copies are served to the plaintiff.  Adv. Kamble submits that she will seek instructions about withdrawing the suit.
    Adjd for written statement of def. no. 1 to 01.10.2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-10-2018
    
    Date: 01-10-2018
    Business: Resumed.
    Adv. Kajol Chourasia for plaintiff submits that the plaintiff does not wish to withdraw the suit.
    Adv. Pradip Patil for MCGM seeks time to file w.s.  Granted as last chance.
    Adjd for written statement to 04.01.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-01-2019
    
    Date: 04-01-2019
    Business: Resumed.
    Adv. Kajal Chourasiya for plaintiff, Adv. Dhole for def. no. 2 and 3 and Adv. Pradip Patil for MCGM are present.
    Adv. Patil seeks time to file w.s.
    Adjd for written statement to 01.02.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Resumed.
    Adv. Megha for plaintiff and Adv. Pradip Patil for MCGM are present.  None for def. no. 2 and 3.
    Adjd for arguments on NM to 18.03.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv.Ms.Kajal Chaurasiya for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Adv.Mr.Sunil Zhole for defendant nos.2 and 3 present.
    NM No.106/2018 is pending for hearing.
    Plaintiff has not taken steps to prosecute notice of motion.
    Matter adjd to 10.06.2019 for Steps/Order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2019
    
    Date: 18-03-2019
    Business: Adv.Ms.Kajal Chaurasiya for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Adv.Mr.Sunil Zhole for defendant nos.2 and 3 present.
    NM No.106/2018 is pending for hearing.
    Plaintiff has not taken steps to prosecute notice of motion.
    Matter adjd to 10.06.2019 for Steps/Order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv.Mr.Mohit Jadhav for plaintiff present.
    Adv.Mr.Patil for defendant/MCGM present.
    Adv.Mr.Suresh for defendant No.2 present.
    Matter adjd to 14.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Adv.Mr.Mohit Jadhav for plaintiff present.
    Adv.Smita Tondwalkar for defendant/MCGM present.
    Adv.Mr.Suresh Dhole for defendant no.2 and 3 present and filed application to allow documents on record t.o.r.
    Heard all the sides on NM 106/18.
    Matter adjd to 19.06.2019 for Order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adv.Suresh Dhole for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    As Court is busy in hearing NM argument and urgent precipee matters, hence, board discharged.
    Matter adjd to 20.06.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Adv.Mohit Jadhav for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    F.R.S.R. the following order is passed
                          ORDER
    Notice of Motion No.106/2018 is dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100395/2018
    Filing Date: 09-01-2018
    First Hearing Date: 10th January 2018
    Decision Date: 20th June 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jun 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 106-18 in Suit No. 2809-17 CNR NO.MHCC01 00035018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 106 OF 2018 IN L.C. SUIT NO. 2809 OF 2017 Shri Prakash Kundandas Nagpal ....Plaintiff V/s. The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 20th June, 2019. Appearance: Ld. Adv. Mohit Jadhav for the…

    Read Full Order

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