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NOTICE OF MOTION

Premnath Ramlal KanojiyaVsMCGM

CNR MHCC01000730201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th November 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100193/2018
Registration Date
16 Jan 2018

Advocates

1

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: 17-01-2018
    Business: Adv. Mr. Pandey for Plaintiff present.
    He filed original notice of motion no. 193/18 alongwith affidavit.
    Adv. Mr. Khandagale for defendant  / BMC present.
    Earlier order to continue till next date.
    Matter adjd to 28/03/2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-03-2018
    
    Date: 28-03-2018
    Business: The court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2018
    
    Date: 15-06-2018
    Business: Adv N K Dubey h/f adv V T Dubey for the plaintiff present.
    Adv Hajare for the def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 24.08.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Business: Matter adjd.for  NM Reply to  6.10.18.
    Next Purpose: REPLY
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Advocate Ms. Dubey for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft present.
    Earlier order to continue till next date.
    By consent, case adjourned to 20/12/2018 for reply to Notice of Motion.
    Next Purpose: REPLY
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Court is busy in dictating order on NM 649/17 hence, case is adjourned to 18/06/2019.
    Earlier order to continue till next date.
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Advocate Nageshwar Dubey for plaintiff present.
    Advocate Ms. Mhatre for defendant /MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 20.08.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 19.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Advocate N.K.Dubey for plaintiff present.
    Advocate Ms. Mhatre  for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 11.11.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Advocate Mr. V.T. Dube for plaintiff present.
    Advocate Mr. Giri for defendant/MCGM present, prayed for adjd.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 27.01.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Mr.V.T. Dubey for plaintiff present.
    Adv. Mrs. Tondawalkar for deft./MCGM, prayed for adjd
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 16.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv. Mr. N.K. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
    No specific reason is mentioned.  EOC is granted in 2017, no reply since 4 years.  MCGM to clarify name of responsible officer, who failed to furnish reply.
    Earlier order, if any, to continue till next date.
    Authenticated copy be given to both side.
    Matter is adjd. for NM reply on 15.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: CORAM H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
    (Matter pertains to C.R. No.11)
    None for plaintiff.
    Adv Mhatre h/f Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 08.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
    (Matter pertains to C.R. No.11)
    Adv.V.T.Dubey  for plaintiff present.
    Adv. Mr. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to  24.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. N.K. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 10.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv. Ms. Vijaya Rani h/f Adv. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and filed affidavit reply cum written statement alongwith list of documents. It is marked at Exh. 02 & 03.
    Copy is supplied to other sides.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 21.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Adv. Ms. Vijayarani Prasad h/f Adv. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 08.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and orally requested time for NM hearing. Granted strictly as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 13.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. V.T.Dubey is present for plaintiff and orally requested for time for NM hearing. Granted strictly as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 12.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to argue NM. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 18.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The Court is busy hearing on urgent by praecipe matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 30.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present and requested for time to argue on NM. The plaintiff is called upon to file written submissions on NM.  In default, the NM would stand dismissed.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for written submissions on NM to 29.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Mr. V. T. Dubey for the plaintiff is present and requested for time to file written submissions on NM. Time is granted lastly.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for written submission on NM to 05.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Adv. Ms. Amreen Sheriff h/f V. T. Dubey for the plaintiff present and orally requested for time to file written submission on NM. Time is granted strictly as last chance. In default, the NM would stand dismissed.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for Written submission on NM to 19.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to file submissions on NM. Time is granted lastly.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 08.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested time to file written submission on NM. Sufficient time is already granted. Hence, this request is discarded. It is posted for NM dismissal.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM dismissal to 16.10.2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed application for setting aside of Order NM dismissal and for permission to file written submissions on NM. TOR. It is marked as Exhibit 4.
    O- Considering the reasons, the caption is changed and the plaintiff is permitted to file written submissions on NM. He also filed written submissions on NM. Copy is supplied to the other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 02.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Mrs. Vijayarani Prasad present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 17.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Matter pertains to C. R. No. 11
    Adv. Mrs. Vijayarani Prasad present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM for hearing to 04.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: Adv. Mr. Fawas h/f Adv. V.T. Dubey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 10.05.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Adv. Mrs. Prasad for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 24.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 02.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Arvind Rathod for defendant/MCGM is present.
    He submitted that his NM reply may be treated as his submissions on NM. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 11.10.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: Adv. Mr. Fawas h/f Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present. The Court is busy in dictating Order in NM No.903/2020 and Ch/s. Nos.  2088/2023 and 1755/2024. Earlier order to continue till next date.
    Adjourned for NM Order to 11.11.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-11-2024
    
    Date: 11-11-2024
    Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dueby for the plaintiff is present. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present. The matter is kept back for NM Order. Later on 4.15 p.m. None present for the plaintiff. Rest appearance is as above. F.R.S.R. Following Order is passed in NM No. 193/2018. ORDER (i).Notice of Motion No.193/2018 is partly allowed. Accordingly, the Order dtd. 27.11.2017, granting ad-interim relief, is continued till disposal of the suit.(ii). The parties to expedite the matter.(iii). Notice of Motion No. 193/2018 is, accordingly, disposed of.
    The issues are framed at Exhibit 5. Adjourned for filing documents on affidavit/RE to 13.12.2024.
    Nature Of Disposal: ALLOWED
    Disposal Date: 11-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100873/2018
    Filing Date: 16-01-2018
    First Hearing Date: 17th January 2018
    Decision Date: 11th November 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Nov 2024

    Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC010007302018 . 1 Notice of Motion No. 193/2018 in L.C. Suit No. 2627/2017. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 193 OF 2018. IN L.C. SUIT NO. 2627 OF 2017. Premnath Ramlal Kanojiya. ….........………………... … PLAINTIFF. V/s. MCGM. …..........…..…......................................…… … DEFENDANT. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 11th November, 2024. APPEARANCES : Mr. V.T. Dubey, Ld. Advocate for the Plaintiff. Mr.…

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