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NOTICE OF MOTION

Smita Sanjay Mate- Suit Stamp No.14113 of 2017VsMCGM

CNR MHCC01001007201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 12th April 2018

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100236/2018
Registration Date
18 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: 22-01-2018
    Business: None present for the Plaintiff.
    Advocate Ms. Tondwalkar for Bmc/deft present.
    As court is busy in dictating orders in SU no. 55/17 and other matters on board. Hence,
    Matter adjd to 11.04.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-04-2018
    
    Date: 11-04-2018
    Business: None present for the plaintiff.
    Advocate Ms. Tondwalkar for BMC/deft present.
    It appears from the order passed by Hon\''ble High Court in Appeal from Order that all the structure are demolished by corporation on 16.01.2018. Thus, it appears that nothing survives in the present suit. Further even the Plaintiff has not registered the suit.
    Matter adjd to 12.04.2018 for passing order against the Plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2018
    
    Date: 12-04-2018
    Business: None present for the Plaintiff.
    Advocate Mr. Khandagle for BMC/deft present.
    It appears from the order passed by Hon\''ble High Court in Appeal from Order that all the structures are demolished by the corporation on 16.01.2018. Therefore, it appears that nothing survives in the present suit. The Plaintiff is absent for making any further submissions in view of order passed by Hon\''ble High Court. Therefore, I have no hesitation to hold that suit has become infructuous, due to demolition of suit structure by the Defendant on 16.01.2018. Hence, suit is to be disposed of. With this, I proceed to pass the following order.
    Order
    Suit is hereby disposed of and consequently draft notice of motion stands disposed of and it be registered for statistical purpose.
    Nature Of Disposal: DISMISSED
    Disposal Date: 12-04-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 100746/2018
    Filing Date: 18-01-2018
    First Hearing Date: 22nd January 2018
    Decision Date: 12th April 2018
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    12 Apr 2018
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100236/2018
    Smita Sanjay Mate- Suit Stamp No.14113 of 2017 Vs MCGM
    Date : 12-04-2018
    Business : None present for the Plaintiff. Advocate Mr. Khandagle for
    BMC/deft present. It appears from the order passed by
    Hon&amp#039ble High Court in Appeal from Order
    that all the structures are demolished by the corporation on
    16.01.2018. Therefore, it appears that nothing survives in
    the present suit. The Plaintiff is absent for making any
    further submissions in view of order passed by
    Hon&amp#039ble High Court. Therefore, I have no
    hesitation to hold that suit has become infructuous, due to
    demolition of suit structure by the Defendant on
    16.01.2018. Hence, suit is to be disposed of. With this, I
    proceed to pass the following order. Order Suit is hereby
    disposed of and consequently draft notice of motion stands
    disposed of and it be registered for statistical purpose.
    Nature of Disposal : DISMISSED
    Disposal Date : 12-04-2018
    COURT 11 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    12 Apr 2018
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100236/2018
    Smita Sanjay Mate- Suit Stamp No.14113 of 2017 Vs MCGM
    Date : 12-04-2018
    Business : None present for the Plaintiff. Advocate Mr. Khandagle for
    BMC/deft present. It appears from the order passed by
    Hon&amp#039ble High Court in Appeal from Order
    that all the structures are demolished by the corporation on
    16.01.2018. Therefore, it appears that nothing survives in
    the present suit. The Plaintiff is absent for making any
    further submissions in view of order passed by
    Hon&amp#039ble High Court. Therefore, I have no
    hesitation to hold that suit has become infructuous, due to
    demolition of suit structure by the Defendant on
    16.01.2018. Hence, suit is to be disposed of. With this, I
    proceed to pass the following order. Order Suit is hereby
    disposed of and consequently draft notice of motion stands
    disposed of and it be registered for statistical purpose.
    Nature of Disposal : DISMISSED
    Disposal Date : 12-04-2018
    COURT 11 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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