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NOTICE OF MOTION

Tarique Mohd Shakir Khan - Suit Stamp No. 13722 of 2017VsMCGM And Anr

CNR MHCC01000566201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 19th September 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100163/2018
Registration Date
12 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 23-01-2018
    Business: Advocate Mr. Acharya h/f Asif Hussain for the Plaintiff present.
    Advocate Ms. Hajare for BMC/deft present.
    Original registered N/M no. 163/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Advocate for the Defendant seeks adjournment for filing reply and w.st. Granted.
    Matter adjd to 19.03.2018 for reply and w.st by the Defendant.
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Adv Rathod for Plaintiff present.
    Adv Khandagale for BMC present.
    Earlier order to continue.
    Matter adjd to 05-05-2018 for N/M reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Advocate Mr. Kanade  for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Earlier order to continue till next date.
    The court is busy in hearing arguments in urgent matters.
    Hence matter adjd to 9.08.2018.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: REPLY
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    
    Date: 05-03-2019
    Business: Advocate Ms. Seeta Yadav h/f Adv. Asif Hussain for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft present and sought time to file NM reply.  Adjourned.
    Earlier order to continue till next date.
    Case is adjourned to 13/06/2019 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Advocate Ashif Hussain  for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present and sought time to file reply on NM. Time is granted.
    Advocate Mhatre undertakes to serve the copy of reply on Plaintiff well in advance.
    Earlier order to continue till next date.
    The case is adjourned to 16.07.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adjd. to 22-07-2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04 in the morning session and in dictating orders in suit no.354/18 in afternoon session. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 24.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted as last opportunity.  Failure of defendant to submit reply on or before next date will result in further orders.
    Earlier order to continue till next date.
    The case is adjourned to 07.01.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Mr. Shraddha Chaurasia h/f adv. Acharya for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply, added that suit site is near Mithi river, it may come under road widening. BMC to call concern officer with instruction, by which matter can be send for mediation.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 01.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Ms. Shraddha Chaurasia h/f adv. Aacharya for plff present.
    Adv. Mrs. Tondawalkar for deft./MCGM, prayed for adjd. to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 21.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None for plaintiff.
    Adv. Ms. Mhatre  for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 07.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Business: National Lock down.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: Due to Covid
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr.Yash Mishra for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file NM reply.
    Adjourned for NM reply to 18/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Pooja Mishra h/f Adv. Hussain for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present  orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 01.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv. Mr. Yash Mishra for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 01.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Wrongly on board
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Mr. Nobard D\''soza for the plaintiff is present and orally requested time for NM hearing. He submitted that the Hon\''ble High Court stayed the said public notice. He filed photocopy of Order. TOR. Time is granted strictly as a last chance.
    Adv. Mr. Walawalkar for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 19.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Mr. Pooja Mishra for the plaintiff is present.
    Adv. Mr. Walawalkar for defendants/MCGM is present.
    KB LO at 03:57 pm.
    Adv. for the plaintiff filed application for adjournment. TOR. It is marked at Exh. 06. O- Other side to say. Say filed.
    O-Sufficient time is already granted. The matter is more than 5 years old and the concerned Officer of the defendant already made the statement that the public notice dtd. 21.11.2017 is not going to be acted upon. Hence, the plaintiff is lastly called upon to proceed with the matter. In default, the consequential orders to follow.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 05.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Mr. D\''souza for the plaintiff is present and orally requested for keeping back the matter.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Mr. Bhagwan Laxman Pawar, SE, Maintenance \''L\'' ward is present.
    The matter is kept back at 3.45 p.m.
    Later on at 04.00 p.m.
    None for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The plaintiff is absent to make any statement, in view of the earlier statement of the concerned officer, for not implementing the public notice dtd. 21.11.2017. Sufficient time is already granted. Hence, the matter is posted for suitable orders.
    Earlier order, if any, to continue till the next date.
    Adjourned for orders to 19.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Mr. Altlaf Khan present for the plaintiff and orally requested for change of caption. He is instructed to go through the record and the statement made by the concerned Officer of the defendants on 20.07.2022. After going through the record, he submitted that in view of the position, the suitable orders may be passed on NM.
    Adv. Mr. Walawalkar for defendant/MCGM is present. He urged that the defendants are still sticked to the said statement.
    Order on NM No. 163/2018.
         In view of the statement dated 20.07.2022 of Mr. Bhagwan Pawar, SE, Maintenance Department, \\\''L\\\'' Ward, it is informed to this Court that the defendants are not going to implement the Public Notice dated 21.11.2017, which is the cause of action for filing the suit and NM. In the result, no purpose would be served by keeping the NM pending. In the result, in view of the above statement, NM No. 163/2018 stands disposed of.
    Authenticated copy of this roznama be given to both the sides.
    Adjourned for draft issues to 21.11.2022.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 19-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100605/2018
    Filing Date: 12-01-2018
    First Hearing Date: 23rd January 2018
    Decision Date: 19th September 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Sept 2022
    Order Details: Other
    Pdf Text: 19.09.2022
    Sr. No. 27
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 135/2018 Adv. Mr. Altlaf Khan present for the plaintiff and orally requested
    for change of caption. He is instructed to go through the record and
    the statement made by the concerned Officer of the defendants on
    20.07.2022. After going through the record, he submitted that in
    view of the position, the suitable orders may be passed on NM.
    Adv. Mr. Walawalkar for defendant/MCGM is present. He urged
    that the defendants are still sticked to the said statement.
    Order on NM No. 163/2018.
    In view of the statement dated 20.07.2022 of Mr. Bhagwan
    Pawar, SE, Maintenance Department, 'L' Ward, it is informed to this
    Court that the defendants are not going to implement the Public
    Notice dated 21.11.2017, which is the cause of action for filing the
    suit and NM. In the result, no purpose would be served by keeping
    the NM pending. In the result, in view of the above statement, NM
    No. 163/2018 stands disposed of.
    Authenticated copy of this roznama be given to both the sides.
    Adjourned for draft issues to 21.11.2022.
    Judge
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