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NOTICE OF MOTION

Harishchandra Ramnath YadavVsMCGM And Ors.

CNR MHCC01001219202012-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 24th March 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100489/2020
Registration Date
30 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Harishchandra Ramnath Yadav

    Respondent

    1. 1MCGM And Ors.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 31-01-2020
Business: Adv. Sanjay Prabhu for plaintiff present.
Adv. Chandramore for defendant/BMC is present.
Adv. Poonam Gupta for defendant No. 2 present.
Adv. for plaintiff filed affidavit of service. t.o.r.
Caveator Abhishek Yadav along with Adv. Vivek Agrawal present.
Adv. for plaintiff objected that the caveator is not party to the suit
Adv. Laxman Potale filed vakalatnama on behalf of defendant No. 3. t.o.r
Adv. for plaintiff filed registered NM No. 489/2020. t.o.r
Adjd to 01/02/2020 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Sanjay Prabhu  for Plaintiff is present. Adv. Chandramore  for defendant no. 1 is present. Adv. Harshad Virkar for defendant no. 2 is present.Adv. Laxman Potale for defendant no. 3 is present.By this draft notice of motion, plaintiff has prayed for restraining defendant No.1 from demolishing, removing and dispossessing plaintiff from the suit structure as mentioned in the impugned order dated 18.01.2020.  Heard, learned Advocate for plaintiff and defendant Nos.
1 to 3.  Perused  documents on record.  In the order dated 18.01.2020, the remark of defendant No.1 is that the Survey Receipt No.0707283 is for different structure and notice is issued for different structure.  But the defendant has not specified the number of structure for which the receipt was issued.   The copy of Notification dated 20.07.1978, prima facie shows that the area of which the suit structure is in existence is declared as slum area.  Therefore, prima facie case is made out by plaintiff for grant of ad-interim relief.  Hence, the order.ORDER1)Defendant no. 1 shall not take any coercive steps in respect  of the suit structure till filing their reply. (2)Defendant shall file their reply till 24.02.2020 (3) Authenticated copy of roznama be provided to the parties.Matter is adjd.  for reply to 24/02/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Sanjay Prabhu for plaintiff is present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. Samual for defendant no.2 is present. She filed Vakalatnama. She submitted that she do not wish to file reply to  N/M no.489/2020.
Adv. Yadvendra Tiwari  for applicant in Ch/s  is present. He filed Original registered Ch/s No 245/2020 along with affidavit in support tendered
Adv. Laxman Kotale for defendant no. 3 is present. He seeks time for N/M reply. O granted.
None present for defendant no.1. Therefore, No reply order is passed against defendant no. 1.
Copy of Ch/s no. 245/2020 served on adv. of  plaintiff.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for N/M reply by defendant no. 3 and Ch/s reply by plaintiff to 17/03/2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: national lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for plaintiff
None present for defendant.
Matter is adjd. to 01.02.2021 for C/S.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: None for plaintiff.
Adv. Chandramore for the defendant No.1.
Adv. Mr. Trivedi for the defendant No.2.
No reply has been filed to Ch/s. Hence, Ch/s be kept for hearing.
Matter is adjd. to 24/03/2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff is present.
Adv. Sanjay Prabhu for plaintiff.
Adv. Trivedi for defendant No.2.
The ld. advocate for the plaintiff submits that the suit premises has been demolished and therefore, no cause of action survives. So, the suit may be disposed of.
    In view of the submission of the ld. advocate for the plaintiff, the suit is disposed of. As the main suit is disposed of, NM No.489/2020 and Ch/s No. 245/2020 do not survive. Accordingly, NM No.489/2020 and Ch/s No. 245/2020  are disposed of. Proceeding is closed.
Nature Of Disposal: OTHER
Disposal Date: 24-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101370/2020
Filing Date: 30-01-2020
First Hearing Date: 31st January 2020
Decision Date: 24th March 2021
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Mar 2021
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 12 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100489/2020
Harishchandra Ramnath Yadav Vs MCGM and Ors.
Date : 24-03-2021
Plaintiff is present. Adv. Sanjay Prabhu for plaintiff. Adv. Trivedi for defendant No.2.
The ld. advocate for the plaintiff submits that the suit premises has been demolished
and therefore, no cause of action survives. So, the suit may be disposed of. In view of
the submission of the ld. advocate for the plaintiff, the suit is disposed of. As the main
suit is disposed of, NM No.489/2020 and Ch/s No. 245/2020 do not survive.
Accordingly, NM No.489/2020 and Ch/s No. 245/2020 are disposed of. Proceeding is
closed.
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