TrustJury record updated 22 Sept 2026
Not available
Date: 12-06-2018
Business: Adv Sita Yadav h/f Adv Anjali Awasthi for plaintiff present.
Adv. Khandagale for Deft./BMC present
Directions given to plff to submit structural audit report carried by them before TAC committee. Till then deft / BMC not to take any action against the suit property.
Adjourned to 23.07.2018 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv Aasif Hussain h/f adv Anjali Awasthi for plaintiff present.
Adv Tondwalkar h/f adv Hajare for def/BMC present.
Plaintiff already submitted the structural audit report before BMC. Matter is kept for the report of TAC.
Earlier order to continue till next date.
Adjourned to 14.08.2018 for report.
Next Purpose: REPORT
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: REPORT
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: REPORT
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondwalkar for BMC present.
Earlier order to continue till next date.
Court is busy in hearing HC expedited Notice of Motion in suit no.1528/15 and urgent applications, hence case is adjourned to 11/09/2018.
Next Purpose: REPORT
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Advocate Mr. Mishra for Plaintiff present.
Advocate Margude for BMC/Deft. Present and filed-
Vakalatnama, t.o.r. O-Filed.
Application for vacating stay t.o.r. O-Plaintiff to say.
Written Statement, t.o.r.
List of documents, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 25/09/2018 for say to Exh.6.
Next Purpose: REPLY
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Adv. Asit Husain for Plaintiff present.
Adv. Anita Murgude alongwith Hajare for Deft./.BMC present.
Earlier order continue till next date.
Case is adjourned to 04.10.2018.
Next Purpose: REPLY
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Advocate Mr. Hasan Khan for Plaintiff present and filed draft Chamber Summons and Notice of Motion. Leave granted to register Chamber Summons and Notice of Motion.
Advocate Ms. Anita h/f Adv. Hajare for BMC/Deft present and submitted that, she will be able to file reply to Chamber Summons and Notice of Motion on 12/10/2018, hence by consent, case is adjourned to 12/10/2018 for reply/registered Notice of Motion.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Advocate Mr. Asif Hussein for Plaintiff present and registered NM No.3856/18 @ affidavit, t.o.r. He also filed registered Chamber Summons no.1874/18 @ affidavit, t.o.r.
Advocate Ms. Anita Murgude for BMC/Deft present and filed reply t.o.r.
Heard.
Earlier order to continue till next date.
Case is adjourned to 19/10/2018 for Rejoinder/hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Advocate Mr. Asif Hussain for Plaintiff present and submitted that, matter be kept at 3.45 p.m.
Advocate for BMC/Deft present.
L.O.
Advocate Mr. Asif Hussain for Plaintiff present
Advocate Ms. Anita Murgude for BMC/Deft present.
Heard arguments of both sides.
Earlier order to continue till next date.
Case is adjourned to 29/10/2018 for Order on Notice of Motion.
Next Purpose: NM ORDERS
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Advocate for Plaintiff present.
Advocate Ms. Murgude for BMC present.
Earlier order to continue till next date.
Court is busy in hearing and dictating order in suit no.2215/17, hearing Notice of Motions in suit no.1320/15 and suit no.2526/2018, hence case is adjourned to 30/10/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: NM No.3856/2018 Dismissed as per F.R.S.R. order has passed.
Next Purpose: HEARING
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Advocate Mr. Asif Hussain for Plaintiff present.
Advocate Ms. Anita Murgude for BMC/Deft absent.
K.B.
L.O.
Advocate Ms. Hajare h/f Adv. Anita Murgude for BMC filed say to Exh.9. Heard.
ORDER BELOW EXH.9
1.This application is filed by plaintiffs for extension of earlier order for a period of 4 weeks or till any time this Hon\''ble Court deems fit and proper. Plaintiffs have filed above mentioned suit against defendant/BMC for challenging alleged demolition notice issued by defendant. Initially my learned Predecessor has granted interim relief when the matter was referred to TAC and said interim order was continued till decision of NM No.3856/2018. This court has dismissed N/m No. 3856/2018 yesterday. Plaintiffs are intending to challenge this order of disposal / dismissal of N/m before the Honble High Court. Hence plaintiffs have prayed to allow the application.
2.Defendant\''s adv. Ms. Hajare h/f adv. Ms. Anita Murgude resisted application by filing say contending that N/m is dismissed on merits hence there is no question of continuation of earlier order. Further it is brought to the notice that disputed building is in highly dangerous condition hence no further extension of earlier order can be granted. With the help of those contentions Defendant/BMC has prayed to reject application.
3. Heard Plaintiff\''s advocate Mr. Hussain has strongly argued that this court has disposed off NM however 58 tenants are residing in disputed building, further according to Learned advocate for Plaintiff as interim order in continuance till disposal of NM it is necessary to continue it. Learned advocate for Defendant has argued as per contentions raised in say. It is further argued on behalf of Defendant/BMC that if building in question will collapse, lives of 58 tenants from said building will come into danger, hence relief sought by Plaintiffs can not be granted.
As mentioned in the application yesterday this Court has disposed of N/m No.3856/2018 and said order is appeal-able order. Further plaintiffs are intending to file appeal against order passed by this Court in the Notice of Motion. It is further contended that ad interim relief granted in N/m was existing till today. Hence plaintiffs have prayed to continue the earlier interim order passed by this Court in N/m No. 3856/2018 for a period of 4 weeks. It was argued by Learned advocate for Plaintiff that at least for 1 week time interim order may be continued.
4. Order 41 Rule 5(2) of CPC provides that where an application is made for stay of execution of appealable decree before expiration of time allowed for appealing therefrom, the Court which passed the decree may on sufficient cause being shown, order the execution of said order to be stayed. By using section 151 of CPC, provides that Nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court.
5. This Court has disposed of N/m No. 3856/2018 and vacated interim relief granted to plaintiffs. This Court has heard the parties on merits and decided N/m on merits after hearing parties at length. The order passed by this Court even though is appeal-able it is not executable order because no relief is granted by the Court in favour of any of the parties, therefore this Court has come to conclusion while deciding N/m that plaintiffs are not entitled to relief of injunction as prayed for. Thus, the order passed by this Court is not executable one. Hence no question arises of applying Order 41 Rule 5(2) of CPC. Further, as this court has not granted relief in favour of any parties no question arises of applying section 151 of CPC. Hence application deserves to be rejected. Hence I proceed to pass following order-
O R D E R
Application Exh.9 stands rejected.
As prayed by advocate for Plaintiff, authenticated copy of todays roznama and roznama dated 30/10/2018 be provided to both parties.
Case is adjourned to 18/12/2018 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and sought time to file Written Statement. Granted.
Case is adjourned to 07/03/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Court is busy in R/E in 15 year old matter i.e. suit no.1519/02, hence case is adjourned to 15/06/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: None for Plaintiff.
Advocate Ms. Mhatre for defendant /MCGM present and sought time to file Written Statement. Time is granted as last opportunity.
The case is adjd. to 30.07.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Court is on leave. Board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: None for plff present.
Adv. Mr. Giri for deft./MCGM present.
Matter is adjd. for Issues on 12.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: None for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
It appear in para no.7 of order of the Hob\''ble High court dtd. that plf will withdraw the suit. However, none is present for plff. Ld adv. for plff. to take proper steps, otherwise on next date court may dismiss the suit.
Matter is adjd. for steps on 13.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present.
In order AFO-529/19, para no. 9, ld adv. for appellant/plff assured to withdraw the suit within a week. Despite specific note in roznama dtd. 12.02.2020, no steps on behalf of plff.
It appear disinterest of plff after refusal of ad-interim relief. Hence, suit stands dismiss. Ch/s no. 1874/18 is disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 13-03-2020Filing Number: 100573/2018 Filing Date: 11-01-2018 First Hearing Date: 12th June 2018 Decision Date: 13th March 2020 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE Case No. :SUIT/0101257/2018 1. Javed Qureshi 2. Farid Idris Khan 3. Abid Khan 4. Shaikh Abudul Kader Vs 1. MCGM 2. Assistant Commissioner Date : 13-03-2020 Business : None for plaintiff. Adv. Mrs. Mhatre for deft./MCGM present. In order AFO-529/19, para no. 9, ld adv. for appellant/plff assured to withdraw the suit within a week. Despite specific note in roznama dtd. 12.02.2020, no steps on behalf of plff. It appear disinterest of plff after refusal of ad-interim relief. Hence, suit stands dismiss. Ch/s no. 1874/18 is disposed of. Nature of Disposal : DISMISSED Disposal Date : 13-03-2020 COURT 11 ADDL SESSIONS JUDGE -- 1 of 1 --
Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 3865 OF 2018 IN CHAMBER SUMMONS NO. 1874 OF 2018 IN L.C. SUIT NO. 1257 OF 2018 Javed Qureshi and others .. Applicants IN THE MATTER BETWEEN: Javed Qureshi and others .. Plaintiffs Versus Municipal Corporation of Gr. Mumbai and Anr. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 31st October, 2018 Mr. Asif…
Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 3865 OF 2018 IN CHAMBER SUMMONS NO. 1874 OF 2018 IN L.C. SUIT NO. 1257 OF 2018 Javed Qureshi and others .. Applicants IN THE MATTER BETWEEN: Javed Qureshi and others .. Plaintiffs Versus Municipal Corporation of Gr. Mumbai and Anr. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 31st October, 2018 Mr. Asif…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.