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NOTICE OF MOTION

Waman Arjun Gawade And OrsVsMCGM

CNR MHCC0100109220185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th February 2021

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100272/2018
Registration Date
19 Jan 2018

Advocates

1

For Petitioner

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: 24-01-2018
    Business: Resumed.
    The court is busy in recording evidence in Session Case No.750/12 and Judgment in suit no.1102/06 Adj. for   hrg. on Notice of Motion No.272/18 to  07.03.2018
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2018
    
    Date: 07-03-2018
    Business: Resumed.
    The P.O. is busy in Judgment in Suit No. 944/2011 and  judgment on preliminary issues in Suit No. 1498/2012 and orders on bail application in Sessions Case No. 48/2018 and 90/2018. For want of time the board is discharged.
    Adjd. for  NM hearing to 02.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2018
    
    Date: 02-04-2018
    Business: Resumed.
    Adv. Kadu for plaintiff tenders registered NM No. 272/2018 for restoration of NM No. 4745/2015 with affidavit.  Adv. Patil for BMC seeks time to file reply.  Time is granted.
    Adjd. for reply and arguments on NM No. 272/2018 to 21.04.2018.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2018
    
    Date: 21-04-2018
    Business: Resumed.
    As the P.O was busy in hearing NM for ad-interim  reliefs in various matters, it was directed to discharge the board and accordingly the Sheristedar adjourned the matter to 10.07.2018.
    Next Purpose: REPLY
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Resumed.
    Adv. Kadu for plaintiffs.  None for MCGM.
    Matter pertains to  A ward.
    Adjd for reply and arguments on NM to 30.07.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 421/2016 and orders on NM No. 3348/2017 NM No. 3349/2017, 3350/2017 and NM No. 4374/2015 in Suit No. 2894/2008.  For want of time the board is discharged.
    Adjd for NM reply  to 08.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM reply rejoinder to 19.09.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Resumed.
    The P.O. is busy in hearing arguments on NM No. 1515/2014 in Suit No. 2721/2010 and part heard arguments of NM in Suit No. 2179/2017 to 2181/2017  and other sister suit.  For want of time the board is discharged.
    Adjd for NM reply to 29.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Resumed.
    The P.O. is busy in hearing final arguments in Suit No. 1686/2012.
    Adjd for NM reply to 21.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Resumed.
    The P.O. is busy recording evidence in Sessions Case no. 260/2017.
    Adjd for NM reply to 22.02.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: The P. O. is on leave.
    Matter adjd. to 25.3.19 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Plaintiff and his advocate absent.
    Adv.Mr.Patil for defendant/MCGM present.
    Matter adjd to 10.04.2019 for NM for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: As Court is busy in dictating Judgment in SU 3215/14 (H.C.T.B.), hence, board discharged.
    Matter adjd to 07.06.2019 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Smt. Tondawalkar for BMC present.
     Adv. Shashikala Mahauni for plaintiff.
    Adjd. To 02.07.2019 for Suit stayed.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: a
    Next Purpose: SUIT STAYED
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: PO is gone to Nagpur to attend the 17th All India Meet of the State Legal Service Authorities, hence, board discharged.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Plaintiff and Adv. Mr. M. S. Kadu present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 07/10/2019 as stayed.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Alaready adjd. to 07/10/2019.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Next Purpose: SUIT STAYED
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Plaintiff and Adv. Mr. M. S. Kadu present.
    Adv. Mrs. Tondwalkar  for defendant/MCGM present.
    Matter adjd to 20/11/2019 for say.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mr. Patil  for defendant/MCGM present.
    Matter adjd to 22/01/2020 as stayed.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mr. Suryavanshi for the defendant  MCGM Present
    Matter is adjd to 17/02/2020 as stayed.
    L. O. at 03.00 p.m.
    Adv. Ms. Mahamuni for plaintiff present.
    Next Purpose: SUIT STAYED
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
    Matter is adjd to  04/03/2020 for hrg.on n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv. Mr. M. S. Kadu for plaintiff present.
    Adv. Mr.Suryavanshi/Nandanwar for MCGM/deft present.
    Heard arguments of both sides.
    Matter is adjd to 14/03/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: plaintiff and advocate absent.
    Adv Suryawanshi for MCGM present.
    Matter adjourned for NM arguments to 23.04.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: COVID-19 LOCKDOWN.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Matter adjourned for NM arguments to 23.09.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: As P.O. is on Leave, hence matter is adjd. to.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: As Court is on leave hence matter is adjd to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv MS Kadu present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Order passed in Roznama below NM 272/2018-
    1. Heard both the Ld. Counsels.
    2. Perused grounds mentioned in NM and affidavit. I have gone through reply submitted by MCGM where relief prayed for is opposed.
    3. Ld. Adv of plaintiff argued that the NM bearing no.4745/2015 was dismissed by incharge court on 29.11.2017 and on the same day application was moved before said court but it was told to follow due process by filing NM. In affidavit particularly in para no.6 grounds of not attending said NM on said date are specifically mentioned.
    4. Perusal of the record it shows that in the main NM some important issues are involved and it is necessary to hear and decide said NM on its own merits. It is settled position of law that procedural law is handmade of justice therefore due to such technicalities/hyper technicalities the relief prayed in this NM cannot be rejected.
    Considering peculiar facts and circumstances I proceed to pass following order in the interest of justice-
    a. The NM No.272/2018 stands allowed subject to cost Rs.300/- payable to legal aid account within one week.
    b. After above compliance NM No.4745/15 be restored on the board of this court after one month from today, which will be decided on its own merits.
    c. plaintiff to avoid delay.
    d. NM No.272/2018 stands disposed off, accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101254/2018
    Filing Date: 19-01-2018
    First Hearing Date: 24th January 2018
    Decision Date: 17th February 2021
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    17 Feb 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100272/2018 Waman Arjun Gawade And Ors Vs MCGM Date : 17-02-2021 Business : Adv MS Kadu present for plaintiff. Adv Nandanwar present for MCGM/defendant. Order passed in Roznama below NM 272/2018- 1. Heard both the Ld. Counsels. 2. Perused grounds mentioned in NM and affidavit. I have gone through reply submitted by MCGM where relief prayed for is opposed. 3.…

    Read Full Order
    Order 1Full order available
    17 Feb 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100272/2018 Waman Arjun Gawade And Ors Vs MCGM Date : 17-02-2021 Business : Adv MS Kadu present for plaintiff. Adv Nandanwar present for MCGM/defendant. Order passed in Roznama below NM 272/2018- 1. Heard both the Ld. Counsels. 2. Perused grounds mentioned in NM and affidavit. I have gone through reply submitted by MCGM where relief prayed for is opposed. 3.…

    Read Full Order

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