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NOTICE OF MOTION

Mrs. Surjit Kaur SodhiVsDesignated Officer / Ex. Engineer and Ors.

CNR MHCC0100113420204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 24th February 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100464/2020
Registration Date
29 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-02-2020
    Business: I/c of Court Room No.08
    Adv Mr. Anil Lulla for plaintiff present.
    Adv Mr. Khandagale for defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 02/03/2020 for ad-interim hrg.
    Next Purpose: HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv.Mrs.Sanjana Prajapati a/w Adv. Lulla for plaintiff present and tendered compilation of documents .t.o.r. Exh-02.
    Copy is served to other side.
    Adv. Khandagle for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
     Matter adjd to 09.03.2020 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv. Anil Lulla for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 01.04.2020 for Ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    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: HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd
    Next Purpose: HEARING
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Adv. Anil Lulla for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 06.11.2020 for  heairng.
    Next Purpose: HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: (Matter pertains to C.R.No.8)
     Adv. Mr. Anil K. Lulla for Plaintiff present.
    None for Defendant/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjd to 08/03/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Anil Lulla for plaintiff present.
    Adv. Khandagle for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    By Consent, Matter adjd to 09/04/2021 for Ad-interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Earlier order, if any, to continue till next date.
    Matter is adjd to 25/06/2021 hearing on Ad-interim reliefs.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: (Matter pertains to C.R.08)
    Adv. Mr. Anil Lulla for the Plaintiff is present.
    Adv. Mrs. Tondwalkar for the Defts./MCGM is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 04/08/2021 for Ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: (Matter pertains to C.R. NO.08)
    Adv Anil Lulla for plaintiff present.
    Adv Tondwalkar for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 03/09/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv Anil Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Copy of list of documents served to advocate for plaintiff by defendant / MCGM.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/09/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/10/2021 for ad-interim hearing.
    L.O. at 3.00 p.m.
    Adv Anil Lulla for plaintiff present.
    Already adjd. To 22/10/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    K.B.
    L.O. at 3.45 p.m.
    Adv Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    As Court is busy in hearing urgent matters of CR NO.09 and CR NO.11, this matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 03/12/2021 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Anil Lulla for Plaintiff present and seeks time to argue on   ad-interim hearing. Time is granted till next date.
    None for Defendant/MCGM
    K.B. L.O.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 11/02/2022 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 28/03/2022 for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv Mr. Anil K. Lull for plaintiff present and requests for time to argue on ad-interim reliefs. O- Time is granted till next date.
    Adv. Smita Chavan h/f Adv. Tondwalkar for defendant  MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd to 27-04-2022 for hearing on ad-interim  relief.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Adv. Anil Lulla for Plaintiff present and seeks time to argue on ad-interim relief. Time is granted till next date.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 06/07/2022 for hearing on ad-interim reliefs.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Sanjana Prajapati with Adv. Anil K. Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    K.B.
    L.O. at 03.35 p.m.
    Same appearance.
    On oral request of Adv. for deft. to file reply to N/M, matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 29/07/2022 for N/M reply by deft./MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Anil Mulla for plaintiff present
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 29/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
    (Matter pertains to C.R. No. 4)
    Adv. Sanjana Prajapati h/f Adv. Anil Mulla for plaintiff present. None for defendant/ MCGM.
    Earlier order, if any, to continue till next date.
    Adjd. to 03/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Anil Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply to N/M cum W/S, TOR and marked as Exh.6. Copy is supplied to plaintiff.
    Earlier order, if any, to continue till next date.
    Adjd. to 16/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Adv. Pravin Palhad for plaintiff present and tendered written argument in N/M No.464/2020, TOR and marked as Exh.7. Copy is supplied to other side.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 16/12/2022 for further arguments in N/M No.464/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    K.B. for N/M hrg.
    L.O.
    Adv. Pravin Pralhad for plaintiff present.
    Rest of the same appearance.
    Heard Adv. for defendant/BMC on N/M No.464/2020.
    Adv. for plaintiff requested time for reply argument. Granted.
    Earlier order, if any, to continue till next date.
    Adjd. to 23/12/2022 (afternoon session) for reply argument in N/M No.464/2020 by plaintiff.
    Next Purpose: NM  P.H.
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: CORAM : H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
    Matter pertains to C.R. No.04.
    Adv. Lulla for plaintiff present.
    None for defendant/ BMC.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/01/2023 for reply argument in N/M No.464/2020 by plaintiff.
    Next Purpose: NM  P.H.
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Adv. Anil Lulla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Heard reply argument partly of Adv. for plaintiff on judgment relied by the corporation in N/M No.464/2020.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/02/2023 for further reply argument on N/M No.464/2020 by plaintiff.
    Next Purpose: NM  P.H.
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Pravin Pagare h.f. Adv. Anil Lulla for plaintiff present.
    Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
    K.B.
    L.O.
    Adv. Anil Lulla for plaintiff present.
    Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Heard reply argument of advocate for plaintiff in NM.
    Earlier order, if any, to continue till next date.
    Adjd. to 24/02/2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Pravin Palhade h/f Adv. Anil Lulla for plaintiff present.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    F.R.S.R. following order is passed on N/M No.464/2020-
    O R D E R
    Notice of Motion No.464/2020 is dismissed.
    L.O.
    Adv. for plaintiff tendered application for continuation of earlier order, TOR and marked as Exh.8. O - Other side to say.
    Adv. for defendant/ BMC has given say on Exh.8.
    Heard both sides on Exh.8.
    Following order is passed on Exh.8-
    O R D E R
    1.     The plaintiff filed application for extension of ad-interim protection for period of 6 weeks. The defendant/ Corporation opposed application stating that this Court has rejected ad-interim and as such extension of ad-interim protection amount to granting ad-interim relief.
    2.     The plaintiff intends to challenge order of dismissing N/M before Hon\''ble High Court. The appeal is the statutory right of the party who is aggrieved. It is submitted that if ad-interim protection is not extended, there is possibility of demolition of structure and purpose of filing appeal will be frustrated. Therefore, considering the facts that interim protection was existence till today. Hence, I pass following order-
    O R D E R
    Ad-interim protection is extended for three weeks from today.
    Nature Of Disposal: DISMISSED
    Disposal Date: 24-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101224/2020
    Filing Date: 29-01-2020
    First Hearing Date: 10th February 2020
    Decision Date: 24th February 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 N/M 464/20 (LCS 188/20) MHCC010011342020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.464 OF 2020 IN LONG CAUSE SUIT No.188/2020 Mrs. Surjit Kaur Sodhi … Plaintiff Versus Designated Officer/Ex. Engineer & Anr. ... Defendants Appearance : Mr. Palhade with Mr. Lulla, Advocates for plaintiff. Mrs. Tondwalkar with Mr. Suryavanshi, Advocates for defendants. CORAM : S. H. SALUNKHE, ADHOC JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED…

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