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CHAMBER SUMMONS

Sayed Gulam Hussain HabibVsMCGM And Ors

CNR MHCC0100037420184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 01st February 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100074/2018
Registration Date
10 Jan 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

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

Case History / Proceedings

Case History
Date: 06-02-2018
Business: As Court is on leave today, Board discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2018

Date: 20-03-2018
Business: Plff.present.  Adv.absent.
Adv.Mrs.Tadavi for BMC/Deft.present.
Plff.filed affidavit of service t.o.r.
Plff tendered original registered N/m No.74/18 t.o.r.
Adjd.for N/m hearing on 31.03.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2018

Date: 31-03-2018
Business: Plff.present.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adjd.for N/m hearing on 12.06.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2018

Date: 12-06-2018
Business: Adv. Mr. Thakkar for Plaintiff present.
Adv. Ms. Tadvi for defendant No.1 to 3 / BMC present.
Deft. No. 4 is already deleted.
None for deft. no. 5 and 6.
Adv for plff. filed application to take additional affidavit on record  along with affidavit. t.o.r. marked as Exh. 2.
Plff. filed draft Ch/s. Leave granted to register.
O-Earlier order to continue till next date.
Adjd. to 17.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2018

Date: 17-07-2018
Business: Plff present. Adv. absent.
Plff tendered adjournment application to bring LR of deft.no.6 on record and also tendered original Ch/s. No. 1008/18 and affidavit of service. T.O.R.
Adv.Ms. Tadavi  for defendant no.1 to 3 / BMC present.
Deft.no.4 is already deleted.
None for deft.no. 5 and 6.
Adjd. to 04.08.2018 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2018

Date: 30-08-2018
Business: Matter adjd. to 6.10.18 for Taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2018

Date: 01-12-2018
Business: Adv. Mrs. Hemlata Kadam for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant No.1 to 3/BMC present.
None for Defendant No.4 to 6.
Order on Ch/s. No. 1596/18.
The application for bringing on record LRs of deceased of Defendant No.5 Ashok Vernekar to died on 09.7.2018 is within limitation.  Hence, Chamber Summons is granted in terms of prayer clause (a).  The Plaintiff is directed to carry out amendment accordingly in the plaint on or before next date and submit amended plaint for Service of Summons to proposed  LRs of Defendant No.5.  Service of Writ of Summons to newly added Defendants be made through sheriff of Mumbai.
Earlier order, if any, to continue till next date.
Adjd. to 24.01.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Plff no.3 present. Adv for plff absent.
Adv. Mrs.Vyavhare for defts no.1 to 3/BMC present.
None for Defendant No.4 is already deleted.
None for Defendant No.5.
Service affidavit tendered by plff no.3. It is TOR.
Earlier order, if any, to continue till next date.
Adjd to 7/03/2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Plff present and his Adv. absent.
Adv. Mrs. Vyavhare for MCGM/Deft No.1 to 3 present.
Deft No.4 already deleted.
None present for Deft No.5.
Earlier order, if any, to continue till next date.
Adjd to 30/3/2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2019

Date: 29-06-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2019

Date: 29-06-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: (Incharge Court of C.R.No.8)
Plaintiff present.
Advocate for Plaintiff absent.
None for Defendant.
Earlier order, to continue, till next date.
Adjd. to 04.09.2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: (Incharge Court of C.R.No.8)
Adv. Jaydeep Thakkar for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 16.10.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Court is on leave. Hence, matter is adjd to next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Thakkar for Plaintiff present.
Adv. Rajan Yadav a/w Ms. Patil for D/1 to 3 - MCGM present.
D/5,7 present.          None for D/6A and D/6B.
Earlier order to continue till next date.
Plff. to supply copy of CS to defendant.
By consent, adjd. for NM Hearing to 17/2/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv.Thakkar for plaintiff present.
Adv.Rajan Yadav a/w  Khandagle for MCGM/Deft. present
Adv.Swara for defendant No.4 to 7 present.
Earlier order, if any, to continue till next date.
Matter adjd to 17.04.2020 for NM/ch/s hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Earlier order, if any, to continue till next date.
Matter adjd to 08/02/2021 for Arguments on NM and Ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 12/04/2021 for NM Hearing and Ch/s Reply and Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Due to Covid - 19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Thakkar for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 to 3/MCGM is present.
None for defendant nos.4, 5-A and 5-B.
Defendant no.6 is present.
On oral request of advocate of plaintiff to argue on NM and Ch/s, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 18/10/2021 for NM hearing and Ch/s reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021

Date: 17-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Matter is adjd to 14.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv.  Thakkar for Plaintiff present
Adv. Mrs. Tondwalkar for Defendant Nos. 1,4 and 5/MCGM is present
Advocate Mr. Rahul  Mestry for Defendant  no.2 and 3 Present.
Matter is adjd for Hearing on Ch/.s  / NM on 16/03/2022.
 Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Ms. Renuka Negi h.f. Adv. Thakkar for Plaintiff present.
Adv Mrs Tondwalkar for defendant nos. 1,4 and 5/ MCGM is present.
None for Defendant Nos. 2 and 3.
The NM is pending since long matter is almost 10 years old. Important fact is that protection is given to the plaintiff and still continued. Therefore, last chance is given to argue on NM to the Plaintiff.  On the next date, if plaintiff fail to argue on Nm, earlier protection will not be continued.
Earlier order, if any, to continue till next date.
Adjd. To 11/04/2022 for NM hearing and Ch/s reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Thakkar for plaintiff present.
Plaintiff is also present.
Adv Khandagale h/f Adv Mrs Tondwalkar for defendant nos. 1,4 and 5 / MCGM is present.
None for Defendant Nos. 2 and 3.
Earlier order, if any, to continue till next date.
Adjd. To 13/06/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Thakkar for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. to 18/07/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Thakkar for plaintiff present and tendered draft Ch/S. Leave is granted to register the draft Ch/S, TOR Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant 1, 4 and 5/ MCGM is present.
Adv. Rahul Mestri for deft. Nos. 2 and 3 present.
Earlier order, if any, to continue till next date.
Adjd. to 22/08/2022 for N/M and Ch/S hrg./ reply to draft Ch/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Renuka Negi h.f. Adv. Thakkar for plaintiff present and tendered original registered Chamber Summons No.1154/2022 along-with affidavit in support thereof. TOR . Copy is supplied to  D/1, D/4 and D/5 BMC and copy be served to  D/2 and D/3.
Adv. Mrs. Tondwalkar for D/1, D/4 and D/5 BMC is present.
None for D/2 and D/3.
Earlier order, if any, to continue till next date.
Adjd. to 26/09/2022 for by CS reply for D/1, D/4 and D/5 BMC and for filing service of affidavit by plaintiff regarding service upon D/2 and D/3 .
Next Purpose: C/S REPLY
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Thakkar for plaintiff present and tendered affidavit of service, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant deft. Nos.1, 4 and 5/ BMC is present.
None for deft. No.2 and 3.
Earlier order, if any, to continue till next date.
Adjd. to 07/10/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
Deft. No.6 is present and tendered reply of deft. No.4, 5(A), 5(B) and 6 to Ch/S No.1854/2022, TOR. Copy is supplied to Adv. for plaintiff and Adv. for deft./BMC
Earlier order, if any, to continue till next date.
Adjd. to 18/11/2022 for hrg. on Ch/S No.1854/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Renuka Negi h/f Adv. Thakkar for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
Adv. Rahul Mistri for deft. Nos.deft. No.4, 5(A), 5(B) and 6 present and requested time to file reply to Ch/S. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 06/01/2023 for filing reply to Ch/S No.1154/2022 by deft. No.4, 5(A), 5(B) and 6.
Next Purpose: C/S REPLY
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: CORAM  H.H.J. SMT A. H. KASHIKAR (COURT ROOM No.5) IN-CHARGE OF COURT ROOM No.4
Matter pertains to Court Room No.04.
Adv. Ms. Negi h/f. Mr. Thakkar for plaintiff present
None for D/1, 4 and 5 BMC
Adv. Mr. Abhijit Tirlotkar for D/2, 3/A, 3/B and 6 present
Earlier order, if any, to continue till next date.
Adjd. to 1/2/2023 for N/M and C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv. Jaydeep Thakkar for plaintiff present and tendered pursis for not pressing Ch/S No.74/2018, TOR and marked as Exh.5.
Counsel Ranjan Yadav for defendant Nos.1 to 3/ BMC is present.
Adv. Abhijit T. Tirlotkar h/f Adv. Rahul Mestry for defendant Nos.4, 5-A, 5-B and 6 present reply to Ch/S No.74/2018. Copy is supplied to other side.
Following order is passed on Exh.5-
O R D E R
       Plaintiff filed pursis that he is not pressing Ch/S. He is identified by the advocate. It is contended that the Court Receiver appointed by Hon\''ble High Court has been discharged. Hence, plaintiff is not pressing this Ch/S. Therefore, I pass following order-
O R D E R
     Ch/S No.74/2018 stands disposed of as not pressed.
Adv. for plaintiff submitted that he want to file rejoinder to Ch/S No. 1154/2022. Hence, matter is adjourned.
Defendant No.1 to 3/ BMC not filed reply to Ch/S No.1154/2022. Suit is of year 2010 i.e. 10 years old. Hence, No say order passed against BMC.
Nature Of Disposal: OTHER
Disposal Date: 01-02-2023

Additional Case Details

Additional Case Details
Filing Number: 100463/2018
Filing Date: 10-01-2018
First Hearing Date: 06th February 2018
Decision Date: 01st February 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
01 Feb 2023

Order Details: Chamber summons Pdf Text: Daily Status IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100074/2018 Sayed Gulam Hussain Habib Vs MCGM And Ors Date : 01-02-2023 Business : Adv. Jaydeep Thakkar for plaintiff present and tendered pursis for not pressing Ch/S No.74/2018, TOR and marked as Exh.5. Counsel Ranjan Yadav for defendant Nos.1 to 3/ BMC is present. Adv. Abhijit T. Tirlotkar h/f Adv. Rahul Mestry for defendant Nos.4, 5-A, 5-B and 6…

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