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NOTICE OF MOTION

Savitri Anantprasad Mishra Suit No.1819/2018VsB.M.C.

CNR MHCC01001196201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th January 2020

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100290/2018
Registration Date
22 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: Advocate Mr. Sandeep Singh for the Plaintiff present.
    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 26.03.2018 for N/M hearing.
    Earlier order to continue till next date.
    Next Purpose: N/M FOR INJUNCTION
    Next Hearing Date: 26-03-2018
    
    Date: 26-03-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: N/M FOR INJUNCTION
    Next Hearing Date: 15-06-2018
    
    Date: 15-06-2018
    Business: Adv Jitendra Tiwari h/f adv Satym Dubey for the plaintiff present.
    Adv Tondwalkar for the def/BMC present.
    Adv Vikram Parshurame for BMC Counsel present.
    Directions given to board department to register the suit.
    Earlier order to continue till next date.
    At the request of adv for the def matter adjourned to 26.07.2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2018
    
    Date: 26-07-2018
    Business: Court is vacant. Hence board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Wrongly on board.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2018
    
    Date: 17-10-2018
    Business: Advocate for Plaintiff present.
    Advocate Mr. Parshuram for BMC present.
    Court is busy in hearing final argument in suit no.2037/15 and dictating order on Notice of Motion in suit no.3548/09, hence board is discharged and case is adjourned to 29/10/2018.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: Advocate Mr. Sandeep Singh for Plaintiff present.
    Counsel Mr. Parshurami for BMC/Deft present and submitted that, matter is urgent either court should hear it today or tomorrow.  Thereupon, learned advocate for Plaintiff submitted that, he is not available tomorrow.  Considering urgency in the matter, for giving fair opportunity to both sides, case is adjourned to 17/11/2018 for hearing of Notice of Motion.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Court is busy in hearing Notice of Motion in stamp no.14765/18, suit no.1014/09, 1016/09, hearing and dictating order on Notice of Motion 1575/15 which is High Court expedited in suit no.948/15 and other urgent matters, hence afternoon session board is discharged and case is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Adv. Raju Pankar h/f Satyam Dubey for Plaintiff present and submitted that Adv. Mr. Y.P.Tiwari who is going to argue N/m is busy in another court. On 17.11.2018 also same submission was made hence matter to proceed for Notice of Motion order on 03.12.2018. It is made clear that if on that prior to passing order Plaintiff is argued the matter or filing written notes of arguments same can be considered.
    Adv. Parshurame for BMC/Deft.present.
    Earlier order continued till next date.
    Case is adjourned to 03.12.2018 for Notice of Motion order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Advocate Mr. Tiwari for Plaintiff present.
    Advocate Mr. Parshurami for BMC/Deft present and submitted that, as per the directions given by this court on last date BMC officer has handed over him file of original papers related to disputed notice and speaking order and it is further submitted that BMC is ready to file the copies of those original documents for perusal of the Court and as requested by Plaintiff BMC/Defendant will also hand over copies of those documents to Plaintiff, hence matter may be adjourned.
    Earlier order to continue till next date.
    Case is adjourned to 12/12/2018 for hearing of Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Advocate Mr. Satyam Dubey for Plaintiff present.
    Advocate Mr. Parshurami for BMC/Deft present.
    K.B.
    L.O.
    Advocate Mr. K. P. Tiwari for Plaintiff present.
    Court is busy in hearing urgent matters, hence case is adjourned to 21/01/2019 for hearing of Notice of Motion.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: (Incharge Court of C.R. No.11)
    Adv. Mr. Dubey for the Plaintiff Present.
    Advocate Ms. Tondwalkar for BMC/Deft present.
    Earlier Order to continue till next date.
    Case is adjourned to 25.2.2019 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Advocate Mr. Sonavne for Plaintiff present.
    Counsel Mr. Parshurami for BMC/Deft present and submitted that, he will seek instructions about office copy of notice dated 04/08/2015, hence matter may be adjourned.  Adjourned.
    Earlier order to continue till next date.
    Case is adjourned to 11/03/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Court is busy in hearing Notice of Motion in suit no.1328/15 and court has to hear urgent matters, hence case is adjourned to 25/03/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Advocate Mr. Sandeep Singh h/f Adv. Satyam Dubey for Plaintiff present
    Advocate Mr. Parshurami for BMC/Deft present and filed list of documents, t.o.r. Copy of list of documents and documents annexed to it served to advocate for Plaintiff.
    Case is adjourned to 15/04/2019 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Advocate Jitendra Tiwari h/f adv. Satyam Dubey  for plaintiff present.
    Advocate Mr. Vikrant Parshurami for defendant/BMC present.
    Earlier order to continue till next date.
    The case is adjourned to 12.06.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Advocate R.S.Dubey h/f Satyam Dubey for plaintiff present and sought time.
    Advocate Parshurame for defendant/BMC counsel present and objected for adjournment. Considering the difficulty expressed by advocate for plaintiff time is granted as last opportunity.
    Earlier order to continue till next date.
    The case is adjourned to 03.07.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Jitendra Tiwari h/f adv. Satyam Dubey for plaintiff present.
    Adv. Shreya  h/f adv. Parshurame for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 12.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Aadv. Satyam Dubey for plaintiff present and submitted that adv. Tiwari will be arguing the case. He sought time.  Time is granted as last opportunity. Failure of plaintiff to argue on NM on next date will result in its automatic dismissal without reference to the Court.
    Adv. Ms. Kanchan Pawar h/f adv. Parshurame for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 29.07.2019  for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Adv. K.P.Tiwari  for plaintiff present.
    Advocate Vinod Singh h/f adv. Parshurame for BMC Counsel for present.
    Earlier order to continue till next date.
    The case is adjourned to 18.09.2019  for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Advocate Pankar for plaintiff present.
    Advocate Parshurame for defendant/MCGM present and filed application TOR and marked as Exh. 5.
    KB
    LO at 5.30pm
    Adv.Satyam Dubey for plaintiff filed reply on exh. 5 TOR and marked as Exh. 6
    Heard. Application Exh. 5 is allowed.
    Time is granted.
    Advocate Parshurame undertakes to produce the original notice for perusal. He requested for shorter date. Considering circumstances case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 15.10.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: The case is adjourned to 11.11.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Advocate Mr. Devendra Yadav h/f adv. MR. Tiwari for plaintiff, prayed for adjd.
    Advocate Mr.Parshurame for deft/MCGM present, heard argument on behalf of MCGM.
    Plff to argue positively on 27.11.2019.
    Earlier order to continue till next date.
    Matter is adjd. for NM argument on 27.11.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Mr. Tiwari for Plaintiff present.
    Adv. Mrs. Chavhan for deft./MCGM present, submit that adv. Mr. Parshurame is not available, prayed for adjd.
    Heard argument of Adv. Mr. Tiwari.
    Earlier order to continue till next date.
    Matter is adjd.for NM argument on 11.12.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Mr. Tiwari for plaintiff present.
    Adv.Mr. Parshurami for deft./MCGM present.
    Heard arguments of both side. Posted for NM order.
    Matter is adjd. for NM order on 19.12.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Tiwari for plaintiff,
    Adv. Apurva Thakare h/f Adv. Parsurami for deft./MCGM present, objected to continue EOC.
    Both side to re-argue on area of suit property , validity of photo pass and legality of structure.
    Earlier order to continue till next date.
    Matter is adjd. to 10.01.2020 for argument of NM
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Mr. Jitendra Tiwari  for plaintiff, submit that Adv. Mr. Y.K.Tiwari is in personal difficulty, prayed for adjd. r/o 13.01.2020.
    Adv. Mr. Parshurame for deft./MCGM present, raised objection for adjd.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM argument on 13.01.2020 at
    12.15p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Mr. Tiwari for plaintiff present.
    Adv. Mr. Parshurame for deft./MCGM present.
    Heard arguments of both side. Posted for order on NM.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM order on 24.01.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. for plaintiff absent.
    Adv. Mr. Parshurame for deft./MCGM present.
    Mr. Mohd. Sajid Kureshi, complainant in matter, insisted for immediate order as it was adjd. for twice. As he being a patient, during the arguments of suit no. 1519/2002, I gave him time to mention, he consume 15 min., alleges that he is going to submit complaint against this court be fore Hon\''ble P.J. and High Court.  He added that expenses of hospital be provided or he be send to Jail.
    He has not engage any lawyer, he is not ready to listen.  It is explain him that matter is posted for order on 29.01.2020.
    Matter is adjd. for NM order on 29.01.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Mr. Jitendra Tiwari for plaintiff present.
    Adv. Mr. Parshurame for deft./MCGM present.
    F.R.S.R. following order is passed on NM no. 290/18.
                                    ORDER
    1. Notice of motion no. 290 of 2018 is made absolute in view of prayer clause (a) and (b).
    2. MCGM is temporarily restrained from taking coercive action against plff in view of notice dtd. 04.08.2015 and both speaking order issued by the designated officer in response to aforesaid notice.
    3. Parties may insist for expedite hearing of the suit.  Both side may file draft issues.
    4. Notice of motion no. 290/18 disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-01-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101325/2018
    Filing Date: 22-01-2018
    First Hearing Date: 22nd January 2018
    Decision Date: 29th January 2020
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    29 Jan 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 290/18 in Suit No. 1819/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 290 OF 2018 (CNR NO. MHCC010011962018) IN LONG CAUSE SUIT NO. 1819 OF 2018 (CNR NO. MHCC010118812017) Savitri Anantprasad Mishra ...Plaintiff Versus Municipal Corporation Of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 29th JANUARY, 2020. Mr. Tiwari, Advocate for Plaintiff. Mr. Vikrant Parshurame, Advocate for Defendant / MCGM. ORDER…

    Read Full Order
    Order 1Full order available
    29 Jan 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 290/18 in Suit No. 1819/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 290 OF 2018 (CNR NO. MHCC010011962018) IN LONG CAUSE SUIT NO. 1819 OF 2018 (CNR NO. MHCC010118812017) Savitri Anantprasad Mishra ...Plaintiff Versus Municipal Corporation Of Greater Mumbai ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 29th JANUARY, 2020. Mr. Tiwari, Advocate for Plaintiff. Mr. Vikrant Parshurame, Advocate for Defendant / MCGM. ORDER…

    Read Full Order

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