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NOTICE OF MOTION

Babulal Kaluramji Pandya alias JainVsMCGM

CNR MHCC01000840201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 02nd May 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100209/2018
Registration Date
17 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: 26-02-2018
    Business: As court is busy in mediation matters and dictating judgment in SU no. 3742/11. Hence board is discharged.
    Matter adjd to 2.04.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-04-2018
    
    Date: 02-04-2018
    Business: Advocate Mr. B. P. Shukla for the Plaintiff present.
    Advocate Ms. Hajare for BMC/deft present.
    Original N/M no. 209/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Advocate for the Defendant seeks adjournment for filing reply and written statement. Granted as a last chance with directions that failure to file reply and w.st on next date, further orders will be passed.
    Matter adjd to 8.06.2018 for reply to N/M/ w.st by the defendant.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Adv Pathak h/f adv Pratap Singh for the plaintiff present.
    Adv Khandagale for the def/BMC present.
    Adjourned to 07.08.2018  for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Court is busy in dictating Judgment in suit no.7491/2003, hence board is discharged and case is adjourned to 26/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2018
    
    Date: 26-10-2018
    Business: Court is busy in hearing Notice of Motions in suit no.2477/18, 275/13, 775/13, 854/13 an 1059/12, hence board is discharged and case is adjourned to 06/12/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Court is busy in hearing urgent matters, charge of CR no.08, hence board is discharged and case is adjourned to 12/03/2019.
    Next Purpose: NM FOR HEARING
    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.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Advocate B.P.Shukla for plaintiff present.
    Advocate Ms. Mhatre for defendant /MCGM present and sought time to file reply. Time is granted.
    The case is adjourned to 03.09.2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    By consent matter is placed before Lok-Adalat.
    The case is adjourned to 09.09.2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Ms. Chavan  for defendant/MCGM present.
    Matter referred to Lok-Adalat dated 14.09.2019.
    The case is adjourned to 05.10.2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
    The case is adjourned to 07.01.2020  for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Mr. Yadav h/f adv. Mr. Shukla for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd.
    Matter is adjd. for NM reply on 05.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv. Yadav for plaintiff, submits that as the court has refused Ad-interim relief, plff is not in contact.
    Adv. Tondwalkar for deft./MCGM, prayed for time to file reply.
    Matter is adjd.to 02.02.2021 NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is vacant.Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: None present for plaintiff.
    Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
    Adjourned for NM reply to 25/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: None is present for the plaintiff.
    Mr. Khandagale for defendant/MCGM present and orally requested for time to file NM reply. Granted.
    Adjourned for NM reply and WS to 02.05.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv. Mr. Yadav for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for NM reply to 29.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Ms. Sunita Dubey for the 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.
    Adjourned for NM reply and WS to 28.09.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. B.P. Shukla for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
    Adjourned for no reply no WS Order to 23.11.2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: ORDER
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present for the plaintiff.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Adjourned for NM hearing (no reply) to 15.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Heard both the sides on NM No. 209/2018.
    Adjourned for NM Order to 29.03.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Adv. Mr. Mukesh Dubey h/f B.P.Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Court is busy in dictating Order in NM No. 3362/2022.
    Adjourned for NM Order to 15.04.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    The Court is busy in other urgent matters.
    Adjourned for NM Order to 02.05.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
    Adv. Mrs. Smita Chavan h/f Adv. Giri for defendant/MCGM is present.
    KB LO at 05:00 pm.
    The following Order is passed on NM No. 209/2018:
    -: O R D E R :-
    01.     Having considered the rival submissions and the record, at the outset, it is clear that till date, the defendant did not issue any notice as against the suit premises, proposing to demolish the same as is being apprehended by the plaintiff. It seems that this was the position even at while filing of this suit and the NM. It appears that on 09.01.2018 at 11:30 AM, the officers from defendant visited the suit premises and allegedly threatened to demolish the same. This was the cause of action for plaintiff to file this suit. However, at this interim stage, he couldn\''t substantiate the alleged threats and even the fact that at any point of time, the defendant acted in defiance of law. This being the position, granting of interim relief, as asked for, would be unjust and it may create the situation of chaos. Specially when, the defendant is certainly bound to follow the due process of law before initiating an action against the suit premises. Hence, the Order:
    -: O R D E R :-
    (i).     Notice of Motion No. 209/2018 stands dismissed.
    (ii).    Notice of Motion No. 209/2018 is, accordingly, disposed
              of.
    Adjourned for R/E (No WS) to 28.06.2023.
    Nature Of Disposal: DISMISSED
    Disposal Date: 02-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100991/2018
    Filing Date: 17-01-2018
    First Hearing Date: 26th February 2018
    Decision Date: 02nd May 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2023

    Order Details: Other Pdf Text: 02.05.2023 Sr. No. 74 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 118/18 NM 209/18 Adv. Ms. Sunita Dubey for the plaintiff is present. Adv. Mrs. Smita Chavan h/f Adv. Giri for defendant/MCGM is present. KB LO at 05:00 pm. The following Order is passed on NM No. 209/2018: : O R D E R : 01. Having considered the rival submissions and the record, at the outset, it is clear that till date, the…

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