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NOTICE OF MOTION

Sunderji Mulji Shah +1 moreVsMCGM And Anr.

CNR MHCC0100113020201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100448/2020
Registration Date
29 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Matter is called at 12.08 p.m.
    Adv.Darshan Jain for the plaintiff present
    Ld. Counsel for the plaintiff submitted that matter is pending before CR No.4 for review of the order.
    In view of the advisory and guidelines of the Hon\''ble High Court related to Corona Virus, the matter is adjourned to
    20/04/2020 at 2.45  p.m.  Earlier order if any to continue till the next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present.
    The matter is adjd for rejoinder to N/M, if any to 12.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Vaibhavi Pawar for plaintiff present.
    Adv. Khandarkar for deft. no.2 present.
    Adv. for deft. no.2 seeks time to file rejoinder.  Granted.
    The matter is adjd for rejoinder to 08.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    
    Date: 12-04-2021
    Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 20.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: While receiving R and P of suit no. 3019 of 2019 from C. R. no. 1, Original Review petition No. 1 of 2020 is not sent to this Court.
    Matter transferred to this Court vide order dtd. 11.08.2021 in Transfer application no. 72/21 of Hon\''ble principal Judge, City Civil and Sessions, Court, Gr. Mumbai.
    Adv. Kudalkar for plaintiff present.
    Adv. Khandarkar for Def. no. 2 present.
    Ld. Adv. for def. no. 2 seeks time to file reply to Review petition no. 1/20.  O- Time granted till next date.
    Adjd. to 28.09.2021 for reply at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv. Kudalkar for plaintiff present.
    Defendant no. 2 present.
    Adv. Manish Jain h/f Adv. Khandarkar for defendant  no. 2 present and filed reply. Tor and marked at Exh. 2. Copy served to other side.
    Original R and P of review petition no. 1 of 2020 is received from C. R. No. 1.
    Adjd to 06.10.2021 for hearing at 2.45 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Kudalkar for plaintiff present.
    Defendant no. 2 present.
    Adv. Kandarkar for defendant no. 2 present.
    Heard both sides.
    Adjd to 07.10.2021 for order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: None for plaintiff.
    Defendant no. 2 present.
    FRSR following order is passed -
    ORDER
    1. Review application 1/2020 is dismissed.
    In view of order dtd. 11.08.2021 in Transfer application No. 72/21 in L. C. Suit No. 3019/2019 the instant suit bearing suit no. 3019/19 is re-transferred to the original Court i.e. C. R. no. 1 after hearing and passing order on review application no. 1/2020.
    Adjd to 18.10.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021.  Matter is adjd to 27.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv Vaibhavi Pawar for pltff present.
    Adv Rajesh Kachre for deft present.
    On oral request of adv for the pltff adjourned for filling Rejoinder.
    Matter is adjd to 19/04/2022 for NM Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: By Precipe.
    NOB.TOB.
    Adv Rajesh Kachre for pltff present.
    Adv Kudalkar for deft no. 2 present.
    Adv for pltff tendered draft NM.  Leave is granted to register the same.  Copy served on deft no. 2.
    On oral request of adv for deft,
    It is submitted that another SU No. 3019/19 is connected matter and is also to be taken up for hearing.  Both matter be kept on tomorrows board.
    Matter is now adjd to 24/03/2022 for reply/hearing on ad-interim relief.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. Vaibhavi Pawar for pltff present.
    Adv. Kachre for defts present.
    Matter is adjd to 25/03/2022 for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv. Kudalkar for pltff present.
    Adv. Kachre for deft present.
    Heard both the sides on ad-interim reliefs.
    Matter is adjd to 29/03/2022 for Orders on ad-interim reliefs.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present.
    Earlier order if any to continue till next date.
    Matter is adjd to 08/07/2022 for Rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Kudalkar for plaintiff is present.
    Adv. Priya Pathak for defendant is present.
    KB Lo at 4.20 p.m.
    Adv. Darshan Jain for plaintiff is present and filed re-joinder to NM No. 448/2020. T.O.R.
    Copy served to other side.
    Earlier order, if any, continue till next date.
    Matter adjd to 22.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    
    Date: 01-12-2022
    Business: Adv. Vaibhavi Pawar for plaintiff is present.
    None present for defendant.
    Earlier order, if any, continue till next date.
    Matter adjd to 20.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Adv. Kudalkar for plaintiff is present.
    Adv. Priya Patil for defendant is present.
    The Ld.Adv.for plaintiff supplied the copy of rejoinder to the defendant.
    On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
    Earlier order, if any, continue till next date.
    Matter adjd to 16.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: Coram- H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
    In-charge court room No.1
    Adv. Darshan Jain h/f. Adv. Kudalkar for plaintiff present.
    Adv. Priya Patil h/f. Adv. Abhijit Khandalkar for defendant No.2 present.
    Earlier order if any be continued till next date.
    Case adjourned for NM hearing to 12/04/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Matter pertains to C.R.No.1.
    Adv. S.R. Pathak h/f Adv. Suraj Kudalkar for plaintiff present.
    Earlier order, if any, continue till next date.
    Matter adjd to 04.05.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Adv. Pathak h/f Adv. Suraj Kudalkar for plaintiff is present.
    None present for defendant.
    On oral request of Ld.Adv.for plaintiff matter adjourned for hearing on NM.
    Earlier order, if any, continue till next date.
    Matter adjd to 27.06.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Suraj Kudalkar for plaintiff present.
    None for defendant.
    Ld. Adv. for plaintiff make a statement that suit premises was already demolished. Therefore, the plaintiff wants to withdraw the suit. Hence matter is adjourned for withdrawal.
    Earlier order, if any, to be continued till next date.
    Matter stands adjourned on 21/07/2023 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: Adv. Kudalkar for plaintiff is present.
    Adv. Rashmi Shirke for defendant is present.
    K.B.
    Later on at 3.47 p.m.
    Same appearance for the parties.
    Heard the Ld. Adv. for plaintiff.
    Ld adv for defendant make a statement that the defendant No.2 is not in contact with the advocate, hence, she unable to argue the matter. Therefore, in the interest of justice last chance granted to argue the matter.
    Earlier order, if any, to be continued till next date.
    Matter adjd to 07.08.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv. Kudalkar for plaintiff is present.
    Adv. Khandalakar for defendant  no. 2 is prsent.
    Heard both the Ld advocate for plaintiff and deft no. 2.
    Matter adjd to 24/08/2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Adv. Darshan Jain for plaintiff is present.
    None present for defendant.
    K.B.
    Later on at 5.50 p.m.
    As court is busy in hearing arguments in old matter. Hence, matter is adjourned.
    Earlier order, if any, to be continued till next date.
    Matter adjd to 08.09.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Adv. Vaibhavi Pawar h/f Surjaj Kudalkar for plaintiff is present.
    None present for defendant.
    F.R.S.R following order is passed in Notice of Motion No. 448 of 2020
    ORDER
    1. Notice of Motion No. 448 of 2020 stands allowed and made absolute in terms of prayer clause (a).
    2. Defendant no. 2 is hereby restrained by in order of temporary injunction from entering, trespassing, damaging and erected any structure on suit property till decision of suit.
    3. Notice of Motion stands disposed off accordingly.
    Inspite of giving opportunities to the defendant, they failed to file their WS. Hence, the matter proceeded without WS of defendants.
    Matter adjd to 02.11.2023 for filing evidence of plaintiff.
    Nature Of Disposal: ALLOWED
    Disposal Date: 08-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101166/2020
    Filing Date: 29-01-2020
    First Hearing Date: 27th February 2020
    Decision Date: 08th September 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Sept 2023

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no 448 of 2020, in Suit no. 3019 of 2019 MHCC010011302020 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY ORDER IN NOTICE OF MOTION NO.448 OF 2020 IN SUIT NO.3019 of 2019 1. Sunderji Mulji Shah and Ors ... Plaintiffs V/s 1. Municipal Corporation of Greater Mumbai and Anr. …. Defendants. CORAM: HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 8th DAY OF SEPTEMBER, 2023…

    Read Full Order

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