TrustJury record updated 17 Sept 2026
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Date: 18-01-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present and filed affidavit in support of documents, t.o.r.
Officer of BMC, Mr.Sanket Pednekar, Jr. Engineer S Ward, BMC present.
Plaintiff has prayed for ad-interim injunction restraining Defendant/BMC from enforcing notice bearing no.S/DO3/S/120/354A-MMC ACT/S385N01/20/11/2018. In said notice Defendant/BMC has alleged that Plaintiff has made unauthorized vertical extension of 0.8 meters to the existing ground floor structure. Learned advocate for Plaintiff argued that notice structure is in slum area and permissible height of structures from slum area is 14 ft. It is further argued that Plaintiff has not made any new construction or has not increased height of previous structure but Plaintiff has made the tenantable repairs of suit premises by obtaining necessary permission from BMC.
Learned advocate for Defendant argued that the photographs of notice structure which were obtained on 20/11/2018 make it clear that initially, there was tin roof on notice structure and above said tin roof another tin roof is laid down by Plaintiff, hence two tin roofs are visible in the photograph appearing in the notice itself. Defendant\''s advocate has also placed reliance on unreported case between Mr. Mohd. Zuber Mohd. Yusuf Memon Vs Municipal Corporation of Gr. Mumbai. In said case while deciding appeal from order (STAMP) no.27460/2016 with CA(Stamp) No.27463/2016, Hon\''ble High Court is pleased to observed that,
As regards the contention raised by the appellant is that, once the suit construction is completed, then the remedy for Municipal Corporation lies in some other provision and not in the provision like the notice issued under Section 354-A of the MMC Act. However, in the instant case, the photographs produced on record and the observations made by the Trial Court, especially, recitals in the notice under Section 354-A reveal that when the notice was issued,the construction was in progress. Moreover, there is no completion certificate or occupation certificate to show that the construction is already completed. In view thereof, the notice issued under Section 354-A of the MMC Act and the action taken in pursuance thereof cannot be called illegal.
Even in respect of the Judgment relied upon by the learned counsel for the appellant, that of Shri Ramawater Babulal Jajodia (supra), the same cannot be made applicable to the facts of the instant cases. As rightly submitted by the learned counsel for the respondent, unless the suit structure is censused by the competent authority, mere declaration of the said area as slum area is not sufficient to hold that the Municipal Corporation has no authority to take any action against the unauthorized constructions falling in the slum area. The Municipal Corporation, being the Town Planning Authority, is having every power and authority to take such action, therefore, this contention also fails.
I have given serious consideration to the arguments advanced at bar. I have carefully perused documents filed with plaint and documents filed by BMC with affidavit today. As admittedly, Plaintiff has obtained repair permission from BMC it becomes clear that Plaintiff is knowing that BMC is competent authority to take action against unauthorized structures. The photograph of notice structure appearing in disputed notice itself is showing that two tin roofs are appearing at the top of notice structure. The upper most tin roof is laid down above previous tin roof with the help of M.S. angles. Plaintiff\''s advocate has produced photographs contending that height of the adjacent shops is also equal to the suit premises, however photographs produced by Plaintiff are showing the date as 19/11/2018, however the upper portion of those photographs is not as clear as said portion is clearly appearing in the black and white photograph from notice, hence considering the photograph of notice structure appearing in disputed notice in the light of observations from the case cited Supra, I find that it will not be proper to grant ad-interim relief as prayed for Plaintiff. However it is made clear that after filing detailed reply by BMC and after hearing the parties with relevant documents, NM can be decided on merits. It is made clear that as argued by Plaintiff\''s advocate, height of structures from slum area is permitted upto 14 ft, Plaintiff may apply with BMC for regularization for increased height of notice structure, if desired and BMC may consider it if it is permitted under law.
Parties to act upon authenticated copy duly signed by Sheristedar.
Case is adjourned to 01/03/2019 for reply/registered NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present and filed registered NM NO.295/19 with affidavit, t.o.r.
Advocate for BMC/Deft present.
Case is adjourned to 22/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: As Court is busy in hearing arguments in Suit no. 423/07 and in Suit no. 1071/19 and St. 4909/19 hence,the Case is adjd. To 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: As Court is busy in hearing Notice of Motion in Suit no. 163/15, 1086/15 and passing orders in Suit no. 2158/14 and 762/12 also in dictating Judgment in suit no. 1109/10. The Board of afternoon session is discharged.
The case is adjourned to 26.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: As Court is busy in hearing and dictating orders in ad-interim matters in ST No. 11745/19, 11746/19 and in hearing NM in SU no.2627/19 and in suit no. 1906/18 also the Court is busy in dictating Chamber Summons order in SU no. 3122/10. The case is adjourned.
The case is adjourned to 18.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Yadav for plaintiff.
Adv. Chavan for MCGM, prayed for adj to file reply.
Matter is adjd. for to 24.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present, prayed for adjd. to file reply.
Matter is adjd. for NM reply on 20.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv. Mr. S.K. Saha for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 26.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None present for plaintiff.
Adv. Mrs. Mhatre h/f Mrs. Tondwalkar for deft./MCGM present and requested short time to file rejoinder.
Matter is adjd. for NM rejoinder to 04.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 22.04.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM is present.
Adv. for the defendant oral requested for time to file reply.
Adjourned for NM reply to 25/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None for the plaintiff is present.
Adv. Ms. Mhatre for defendant /MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 08.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
KB LO at 4.07 pm.
Advocate for defendant filed affidavit om reply cum WS.
Mr. Ishan Keshao Thakre, Sub Engineer, B&F, \''S\'' Ward is present.
Matter adjourned for NM hearing to 28.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 14.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. B.P. Shukla for the plaintiff is present and orally requested time for NM hearing. Time is granted.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 11.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv Sunita Dubey for plaintiff is present and orally requested for time to NM Hearing. Granted as a last chance.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for NM Hearing to 23.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested for time to argue on NM, as his brief is not available. Time is granted.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM hearing to 18.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for NM hearing to 20.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None present for plaintiff.
Adv. Mrs. S.G.Chavan for the defendant/MCGM is present.
Adjourned for NM Hearing to 15.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Adv. Mr. J. S. Yadav for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mrs. Smita Chavan for defendant/MCGM is present.
Adjourned for NM hearing to 11.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to take instruction from the plaintiff as regards regularization of slight extension of hight of the structure. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 16.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 06.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 03.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM dismissal to 01.04.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Adv. Mr. J.S. Yadav h/f Adv. B.P. Shukla for the plaintiff is present and sought permission to proceed with the matter. On his request, the caption is changed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 28.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing to 03.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and requested time to file written submissions on NM. Time is granted.
Adv. Mr. V.G. Shinde h/f Adv. Mr. Arvind Rathod for defendant/ MCGM is present.
Adjourned for written submissions on NM to 07.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and requested time to file written submissions on NM. Granted. Adv. Mr. Arvind Rathod h/f Adv. Mrs. Charatkar for defendant/MCGM is present.
Adjourned for written submissions on NM to 12.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Mr. Abhishekh Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for written submissions on NM by defendant to 19.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
Adjourned for written submissions on NM by defendant to 04.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Adv. Ms. Remedios h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mrs. Sheetal Metkari for defendant/BMC is present.
Adjourned for NM hearing to 18.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and he is heard on NM.
Adjourned for NM Order to 15.04.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in other urgent targeted matters.
Adjourned for NM Order to 30.04.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. The Court is busy in urgent praecipe matters and dictating Order in NM Nos. 1641/2025 and 1199/2025.
Adjourned for NM Order to 12.06.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Adv. Mr. Abhishek Shukla for the plaintiff is present and supplied copy of written submissions on NM to defendant/BMC. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for NM Order to 03.07.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: None present for the plaintiff. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Order in Ch/s. No. 1228/ 2025 and NM No.3030/2025.
Adjourned for NM Order to 15.07.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in hearing other urgent matters.
Adjourned for NM Order to 12.08.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present.
Adv. Mr. S.R. Yadav for defendant/BMC is present.
F.R.S.R. Following Order is passed in NM No. 295/2019.
-: O R D E R :-
(i). Notice of Motion No. 295/2019 stands dismissed.
(ii). Notice of Motion No. 295/2019 is, accordingly, disposed of.
Issues are framed at Exhibit 3.
Adjourned for filing documents on affidavit to 16.09.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for filing documents to 15.11.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for dismissal to 17.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back.
Later on 12.17 p.m.
The appearance is as above.
Adjourned for dismissal to 10.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 10-02-2026
Date: 10-02-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and seeks time to proceed with matter. Adv. Mrs. Sheetal Metakari for defendant/ BMC is present.
Adjourned for dismissal to 21.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 1.40p.m.
None present for the plaintiff. Rest appearance is as above. Kept back.
Later on 4.46 p.m.
The appearance is as above.
Adjourned for dismissal to 17.03.2026.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2026
Date: 17-03-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back.
Later on 1.35 p.m.
The appearance is as above. Kept back.
Later on 4.15 p.m.
The plaintiff and his advocate called repeatedly but absent.
Adjourned for dismissal to 18.04.2026
Next Purpose: DISMISSAL
Next Hearing Date: 18-04-2026
Date: 18-04-2026
Business: Adv. Subita Dubey for plaintiff present and filed application for change of caption. Taken on record. It is marked as Exhibit 4. O- Other side to say. Adv. Mr. S.R.Yadav for defendant/BMC is present and orally submitted to objection. Heard. Order on Exhibit 4 Plaintiff is absent. advocate for plaintiff present read application perused the record it reveals to me that since 12.08.2025 issues are framed in this suit but after that, plaintiff remain absent and since 15.11.2025, matter posted for passing dismissal order. Later on 17.01.2026, 10.02.2026, 21.02.2026, 17.03.2026 matter time to time adjourned for passing dismissal order and today when matter is called for that time advocate for plaintiff filed application for change of caption from dismissal.
Admittedly, even today also plaintiff absent. from the conduct of plaintiff it reveals that she lost her interest in order to proceed with suit further however looking the submission advanced by advocate for plaintiff the present application Exhibit 4 is disposed of and matter be kept for dismissal order on next date. Parties to take note.
Adjourned for dismissal to 30.04.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for dismissal to 20.06.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2026
Date: 20-06-2026
Business: The plaintiff in person is absent when called.
Adv. Mr. Abhishekh Shukla for the plaintiff is present.
Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 11.39 a.m.
None present for the plaintiff. Rest appearance is as above.
Kept back.
Later on 1.20 p.m.
None present for the plaintiff. Rest appearance is as above. Kept back.
Later on 1.50 p.m.
The appearance is as above.
Perused the record, today matter is fixed for passing dismissal order. None present for the plaintiff. Record shows that after framing issues on 12.08.2025, plaintiff in person remain absent in the court for adducing her evidence. Here looking the said facts available on record, coupled with the absence of plaintiff in the court it can be said that plaintiff has lost his interest to proceed with the suit further. Hence, no purpose would be serve to ajourned the matter for one more date. Hence, I inclined to pass following order.
ORDER
01. The present suit No. 140/2019 is dismissed for want of prosecution.
02. Pending applications, if any are accordingly disposed of.
03. Parties to bear their own costs.
The Original documents filed on record, if any by both the parties be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-06-2026Filing Number: 100738/2019 Filing Date: 17-01-2019 First Hearing Date: 18th January 2019 Decision Date: 20th June 2026 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: -- 1 of 2 -- 20.06.2026 CORAM: H.H.J. SHRI. R. K. DESHPANDE (C.R. NO.11) Sr. No. 1 SU 140/19 The plaintiff in person is absent when called. Adv. Mr. Abhishekh Shukla for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back. Later on 11.39 a.m. None present for the plaintiff. Rest appearance is as above. Kept back. Later on 1.20 p.m. None present for the plaintiff. Rest appearance is as…
Order Details: Other Pdf Text: Exhibit –3 IN THE CITY CIVIL COURT FOR GREATER MUMBAI L. C. SUIT NO. 140 OF 2019 Savita Pawan Jain. …. PLAINTIFF. V/s. MCGM. …. DEFENDANTS. ISSUES 1. Whether the plaintiff proves that the suit premises is situated on land which is notified slum ? 2. Whether the plaintiff proves that notice issued under section 354A of MMC Act bearing no.S/DO3S/120/354A-MMC ACT/S385N01 dated 20.11.2018 and speaking order dt. 27.12.2018 are illegal and bad-in-law ? 3. Whether the suit is bad for want of notice under section 527 of MMC Act? 4. Whether jurisdiction of Court is barred in view of section 515A of the MMC Act ? 5. Whether the plaintiff is entitled to relief of declaration as sought ? 6. Whether the plaintiff is entitled to relief of perpetual injunction as sought ? 7. What order and decree ? (V.R. Jagdale) Mumbai. Judge, Dated : 12.08.2025. City Civil Court, Mumbai. -- 1 of 1 --
Order Details: Other Pdf Text: Exhibit –3 IN THE CITY CIVIL COURT FOR GREATER MUMBAI L. C. SUIT NO. 140 OF 2019 Savita Pawan Jain. …. PLAINTIFF. V/s. MCGM. …. DEFENDANTS. ISSUES 1. Whether the plaintiff proves that the suit premises is situated on land which is notified slum ? 2. Whether the plaintiff proves that notice issued under section 354A of MMC Act bearing no.S/DO3S/120/354A-MMC ACT/S385N01 dated 20.11.2018 and speaking order dt. 27.12.2018 are illegal and bad-in-law ? 3. Whether the suit is bad for want of notice under section 527 of MMC Act? 4. Whether jurisdiction of Court is barred in view of section 515A of the MMC Act ? 5. Whether the plaintiff is entitled to relief of declaration as sought ? 6. Whether the plaintiff is entitled to relief of perpetual injunction as sought ? 7. What order and decree ? (V.R. Jagdale) Mumbai. Judge, Dated : 12.08.2025. City Civil Court, Mumbai. -- 1 of 1 --
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