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NOTICE OF MOTION

Janaki Jagannath ShettyVsMCGM

CNR MHCC0100046220184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd March 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100142/2018
Registration Date
11 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 25-04-2018
    Business: Adv.Ms.Sabha Khan for Plff.present.
    Adv.Mr.Giri for BMC/Deft.present.
    Adjd.for hearing on 08.08.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Adv. Ms. S. Khan for plff. present.
    Adv. Mr. Giri for deft./BMC present.
    Plff present. Registered NM not tendered. Plff. to tender
    registered motion.
    Adjd. to 08.10.2018 for NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. P. J. Dwivedi for plaintiff present and filed original notice of motion no. 142 of 2018 along-with affidavit also filed draft chamber summons along-with affidavit.
    Adv. Bhoir h/f Adv. Mhatre for defendant no. / BMC present.
    O- Leave granted to register draft chamber summons.
    Matter adjd. to 19.11.18 for Service of Chs.
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Adv Ms. Saba Khan for plaintiff present.
    She tendered original ch/sum no.1913/18 alongwith affidavit in support, t.o.r.
    Adv Mrs. Mhatre for def/BMC present.
    Adjourned to 14.01.2019 for ch/sum reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Adv Saba Khan for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Adjd to 4/03/2019 for ch/sum hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: Adv. Mr. Roshan Yadav for Plff present.
    Adv. Mr. Diwate h/f Adv. Mrs. Bhoir for Deft/MCGM present.
    On oral request of Adv. for Plff, adjournment granted.
    Adjd to 24/4/2019 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. Ms. Saba Khan for Plff present.
    Adv. Mrs. Bhoir for MCGM/Deft present and has given say on Ch/s No.1913/18 on the overleaf.
    Adjd to 5/7/2019 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: None for plaintiff.
    Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
    Kept back.
    L.O. at 4.45 p.m. Adv. Sarika Tripathi for plaintiff present.
    Order on  Ch/s. No. 1913/18
    By way of instant Ch/s plaintiff wants to add subsequent events and make consequential prayers in the plaint.  It is objected by Ld. Adv. for defendant MCGM stating that there is separate cause of action and plaintiff has to institute separate suit.  After going through the record and proposed amendment, the latter does not change nature of the suit.  It is necessary for deciding real controversy between the parties.  The Ch/s is filed before hearing of the suit.  Hence Ch/s is allowed and made absolute in terms of prayer clause(a).  The plaint be amended and the copy of amended plaint be supplied to other side on or before next date.
    Adjd to 20.08.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant present.
     Matter adjd to 16.06.2020   for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    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: 02-03-2021
    
    Date: 02-03-2021
    Business: None for plaintiff.
    Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM No. 142/18. Time is granted till next date.
    Matter adjd to 27/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Due to Covid-19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 16/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant / MCGM present.
    NM reply is already filed by Defendant/MCGM. Hence, matter is now fixed for NM hearing.
    Matter is adjd to 13/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    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.
    Matter is adjd to 10/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: None for plaintiff.
    Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present.
    Adjd. To 28/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ MCGM is present.
    On perusal of previous roznama, it appears that plaintiff is not interested to proceed with N/M. Hence, N/M No. 142/2018 is kept for dismissal.
    Adjd. to 16/07/2022 for N/M dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. Ms. Kamarunisa Shaikh h/f Adv. Pankaj Dwivedi for plaintiff present and time to argue on N/M. Time is granted till next date as a last chance.
    None for defendant/ MCGM, N-ward.
    Adjd. to 26/07/2022 for N/M hrg.
    L.O.
    Adv. Mrs. Rawade for defendant/ MCGM is present.
    Already adjd. to 26/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    Roznama shows that on 10/03/2022 and 28/06/2022 N/M was kept for hearing but plaintiff and advocate absent hence, it was kept for dismissal on 16/06/2022. On that date Adv. For plaintiff sought time to argue N/M therefore, last chance was granted and matter was adjourned to 26/07/2022 for N/M hrg. but on that day Court is on leave hence, matter is adjourned for today but on today no one present for plaintiff hence, adjourned for N/M dismissal.
    Adjd. to 27/09/2022 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Pankaj Dwivedi for plaintiff present and submitted that time may be granted for argument. Hence, last chance is granted with direction if plaintiff not argue on N/M on next date, it will be dismissed for default.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    Adjd. to 19/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    On 23/08/2022 none present for plaintiff hence, N/M was kept for dismissal. On 29/09/2022 Adv. for plaintiff requested time hence, time granted till today as a last chance but none present for plaintiff. Hence, matter kept for dismissal of N/M.
    Adjd. to 17/12/2022 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv. Laxmi Chauhan h.f. Adv. Pankaj Dwivedi for plaintiff present.
    Adv. Mrs. Mhatre for defendant/ BMC is present.
    Today matter is kept for dismissal of NM.
    Advocate for plaintiff submitted that she dont know where is senior advocate. Hence, requested for time. On previous date last chance was granted and today matter adjourned till next date. If plaintiff failed to argue on NM on next date, NM will be dismissed.
    Adjd. to 14/03/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Noella Misquitta h.f. Adv. Pankaj Dwivedi for plaintiff present.
    Adv. Mhatre  for defendant/ BMC is present.
    K.B.
    L.O.
    Same appearance.
    Heard both sides on NM No. 142/2018.
    Adjd. to 23/03/2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv Ms. Noena h/f. Dwivedi for plaintiff present.
    Adv Ms. Mhatre for deft / BMC present.
    FRSR following order is passed
    ORDER
    Notice of motion no. 142/2018 is dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100548/2018
    Filing Date: 11-01-2018
    First Hearing Date: 25th April 2018
    Decision Date: 23rd March 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Mar 2023

    Order Details: Notice of Motion Pdf Text: 1 N/M No.142/18 (LCS No.2451/17) MHCC010004622018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.142 OF 2018 IN LONG CAUSE SUIT No.2451/2017 Janaki Jagannath Shetty … Plaintiff Versus Municipal Corporation of Greater Mumbai. ... Defendant Appearance : Ms. Noella Misquitta h/f. Mr. Pankaj Dwivedi, Advocates for plaintiff. Mrs. Mhatre, Advocate for defendant. CORAM : S. H. SALUNKHE, ADHOC JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED : 23/03/2023.…

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