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NOTICE OF MOTION

M/s. Sarathi RestaurnatVsDesignated Officer +1 more

CNR MHCC0100106320186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100258/2018
Registration Date
19 Jan 2018
Next Hearing Date
30 Oct 2026
Case Stage
NM FOR HEARING

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 23-01-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2018
    
    Date: 05-04-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    
    Date: 17-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Court is on leave.
    Adjourned for NM hearing to 20.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2019
    
    Date: 26-07-2019
    Business: Court is on leave.
    Adjourned for NM hearing to 20.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2019
    
    Date: 01-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Advocate for plaintiff present.
    Advocate Vyavahare/Kumawat for defendant/BMC present.
    He tendered draft N/M along with affidavit and written statement.
    O-Leave is granted to register draft N/M.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Reply to 27/03/2020.
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Advocate for plaintiff present.
    Advocate for deft/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Reply to 17/03/2021.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Court is busy in hearing argument in Suit No. 1132/2020 to 1134/2020.
    Adjourned for reply to 09/07/2021.
    Next Purpose: REPLY
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Advocate for BMC Defendant is directed to file registered N/M
    Adjd for N/M Reply to  27.09.2021
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Advocate P. D. Gandhy for plaintiff present and given reply on NM No. 2244/2021 overleaf.
    Advocate Smt. Deepali for defendant/BMC present and filed registered NM No. 2244/2021.
    Earlier order, if any, to continue till next date.
    Heard both sides.
    F.R.S.R. following order passed:
    ORDER
    1.  The Notice of Motion No. 2244/2021 is allowed.
    2.   Hearing without affidavit-in-reply and written statement order passed against the defendants is set aside and defendants are granted permission to file their affidavit-in-reply and written statement in the interest of justice.
    3.   The Notice of Motion No. 2244/2021 is disposed off.
    Written statement of defendant/BMC taken on record and marked as Exh.2
    Adjd for NM Hearing to 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Plaintiff is absent.
    Advocate Hardik Desai for plaintiff present and filed application for withdrawal appearance t.o.r. Marked as Exh. 03
    O – Granted as prayed
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to 04.03.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Advocate Indira Labdhe for plaintiff present and filed pursis informing the Court that she will file Vakalatnama on next date Marked as Exh. 4, O – seen and filed.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to  22.06.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil for defendant/BMC.
    Adjd for  NM hearing to 24/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to  21.11.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for NM Hearing to 24.04.2023
    L.O. 3.19 p.m.
    Advocate Indira Labdhe for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv.Harsh Pathak h/f Indira Labdhe for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd for NM Hearing to 07.08.2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Advocate Harsh Pathak h/f. Advocate Indira Labde present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Advocate for Plaintiff is directed to file VP on the next date.
    NM is pending since 2017 and Plaintiff is directed to remain present on the next date and advance arguments positively.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 16-10-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: None present for plaintiff.
    Advocate Deepali Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 20/12/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Advocate  Harsh Pathak h/f Indira Labde present for plaintiff and filed Vakalatnama O- filed.
    Advocate Seema Rawade present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 15/03/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Advocate Dimpal Jain h/f Adv. Indira Labdhe present for plaintiff and sought adjournment. O- Granted.
    Advocate Deepali Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 03.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: None present for plaintiff.
    Advocate Amar Patil present for defendant/BMC.
    NM No. 258 of 2018 is pending since long for hearing but plaintiff fails to advance argument, hence keep for disposal order on NM No. 258 of 2018.
    Matter adjourned for disposal order (NM no. 258 of 2018) to 30.09.2024.
    Next Purpose: ORDER
    Next Hearing Date: 30-09-2024
    
    Date: 30-09-2024
    Business: Advocate Swapna Khemlapure h/f Adv. Mungle present for plaintiff and submitted that plaintiff will take appropriate NM for removal of matter from order caption. Hence sought time
    Advocate Amar Patil present for defendant/BMC.
    Considering submission of plaintiff, matter adjourned for necessary order.
    Matter adjourned for necessary order to 18.11.2024.
    Next Purpose: ORDER
    Next Hearing Date: 18-11-2024
    
    Date: 18-11-2024
    Business: Advocate Sanket Mungale present for plaintiff and filed vakalatnama on behalf of plaintiff. TOR and marked as Exh. 5. O - filed.  He also filed draft notice of motion along with affidavit. O - leave granted to register.
    Advocate Amar Patil present for defendant/BMC and filed say on draft notice of motion itself.
    Heard arguments on both side on draft notice of motion.
    F.R.S.R. following order is passed on draft notice of motion.
    ORDER
    1. Draft Notice of Motion is made absolute in terms of
        prayer clause (a) and earlier protection granted vide
        order dated 11.12.2017 is continued till next date.
    2. Both the parties are directed to remain present on next
        date and proceed with Notice of Motion No. 258 of
        2018 positively.
    2. Both the parties to take note of this order.
    3. Cost in cause
    4. Draft Notice of Motion is disposed off.
    5. Draft Notice of Motion be registered for statistical
        purpose.
    Matter adjourned for NM hearing to 21.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: None present for plaintiff.
    Advocate Amar Patil present for defendant/BMC.
    Matter adjourned for NM hearing to 25-06-2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: Advocate Mrunal More h/f Adv. Sanket Mungle present for plaintiff and sought adjournment, as the ad-interim order is in favor of plaintiff since last 7 years. O- Granted as a last chance.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 15.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: Advocate Sanket Mungle present for plaintiff and sought adjournment. O- Granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 07.11.2025 at 01.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2025
    
    Date: 07-11-2025
    Business: Advocate Swapna Khemlapure h/f Adv. Sanket Mungle present for plaintiff and sought adjournment. O- Granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 12.12.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Advocate Mrunal Muley h/f Adv. Sanket Mungle present for plaintiff and sought adjournment. O- Granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 15.12.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2025
    
    Date: 15-12-2025
    Business: Advocate Sanket Mungle present for plaintiff.
    Advocate Amar Patil present for defendant/BMC.
    Heard arguments of plaintiff.
    Earlier order if any to continue till next date.
    Matter adjourned for hearing of defendant/BMC to 09.01.2026 at 01.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2026
    
    Date: 09-01-2026
    Business: Advocate Mrunal Muley h/f Adv. Sanket Mungle present for the plaintiff and seeks time. O - Time granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 06.03.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2026
    
    Date: 06-03-2026
    Business: Advocate Swapna Khemlapure h/f Adv. Sanket Mungle present for the plaintiff and seeks time. O - Time granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Parties are directed to file written notes of argument.
    Matter adjourned for NM hearing to 22.04.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2026
    
    Date: 22-04-2026
    Business: Advocate Swapna Khemlapure h/f Adv. Sanket Mungle present for the plaintiff and seeks time. O - Time granted.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 08.07.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2026
    
    Date: 08-07-2026
    Business: Advocate Swapna Khemlapurkar present for the plaintiff.
    Advocate Amar Patil present for defendant/BMC.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM hearing to 28.08.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2026
    
    Date: 28-08-2026
    Business: Advocate Aditya Kathave h/f Adv. Sanket Mungale for plaintiff present and seeks time to argue the NM. It is granted.
    Advocate  Amar Patil for defendant/BMC present.
    Earlier order if any to continue till next date.
    Matter adjourned for NM hearing to 30.10.2026.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101179/2018
    Filing Date: 19-01-2018
    First Hearing Date: 23rd January 2018
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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