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NOTICE OF MOTION

Mr. Raghunath Bhagoji ShindeVsMCGM +1 more

CNR MHCC0100126820184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 10th October 2022

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100322/2018
Registration Date
23 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-01-2018
    Business: Adv.Mr.Rajpurhohit for Plff.present.
    He tendered reply to contempt N/m t.o.r.
    Adv.Mr.Walavalkar with Adv.Mrs.Tadavi for BMC/Deft.present.
    He tendered original N/m No.322/18 along with affidavit.t.o.r.
    Adv.Mr.Barve for Intervener present.
    Adjd.for hearing on 27.02.2018.
    Earlier order to continue till next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2018
    
    Date: 27-02-2018
    Business: Adv.Bipin Joshi for plaintiff.
    Adv.Mr. Vikram Walawalkar with Ms.Tadavi  for BMC/Deft. present.
    Adv. Sandeep Barve for applicants.
    k.b. at 2.45p.m.
    Later on Same appearance.
    Adv.for applicant tendered original ch/sum.no.2023/17.
    Adjd.for hrg.of ch/summons to 13/3/2018 at 4.00p.m.
    Earlier order to continue till next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-03-2018
    
    Date: 13-03-2018
    Business: Matter pertains to C.R.No.8
    Adv.Mr.Bipin Joshi for plff present.
    Adv.Mr.Vikram Walavalkar for Deft./BMC present.
    Adv.Mr.Santosh Wagh for applicant present.
    Earlier order, if any, to continue till next date.
    Adjd to 05.04.2018 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2018
    
    Date: 05-04-2018
    Business: Adv. Ravindra Singh for plff.present.
    Adv. Sandeep Barve for applicant
    Adv. Ms. Tadvi for deft./BMC
    Earlier order to continue till next date.
    On oral request of advocate for plff.
    Adjd.to 5/6/2018 for hrg.n/m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Business: Adv. Singh h/f. Adv. Bipin Joshi for Plaintiff present.
    Adv. Ms. Tadvi h/f. Adv. Mrs. Kamble for defendant / BMC present.
    Adv. Ms. Sheetal Tanpure for applicant present.
    Adjd. to 21.06.2018 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Adv. Mr. Bipin Joshi for plaintiff present.
    Adv. Mr. Vikram Walavalkar a/w Adv. Ms. Tadavi for BMC present.
    Adv. Mr. Barve for applicant in ch/sum present.
    Heard both the sides.
    Earlier order is passed in N/M no. 322/18 to continue till next
    date.
    Adjd to 28.6.2018 for order on ch/sum.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-07-2018
    
    Date: 27-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: None for plaintiff.
    Adv. Tadavi for defendant no. 1 and 2 / BMC present.
    K.B.
    Same appearance.
    Adv. Sandip Barve for deft. no. 3 present.
    Adjd. to 18.9.18 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: None for plff.
    Adv Mrs.Vyavhare for BMC/deft nos.1 and 2 present.
    Adv Archana Lad for deft no.3 present.
    Plff is directed to supply copy of amended plaint to the defts on or before next date.
    Adjd to 8/01/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: (C.R.NO.11)
    (In-charge Court of C.R.No.8)
    Adv. Mr. Bakliwal for Plaintiff present.
    None for Defendant No.1and2 BMC.
    Adv. Ms. Archana Lad for Defendant No.3 present.
    Earlier order to continue till next date.
    Adjd to 26/02/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Adv Ms.Joshi for plff present.
    Adv Archana Lad for deft no.3 present.
    Adv Mrs.Vyavhare for BMC/deft no.1 and 2 present.
    Copy of amended plaint supplied to defts. And thereby compliance of the order dated 6/07/2018 in ch/sum no.2023/17 is made.
    Adjd to 9/04/2019 for NM No.322/18 (contempt) hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Adv. Mr. Sahil Ansari for Plff present.
    Adv. Mrs. Vyavhare for MCGM/defts No.1 and 2 present.
    On oral request of advocate for Defendant/MCGM, adjournment granted.
    Adjd to 13/6/2019 for N/M hearing.
    LO at 3.05 p.m.
    Adv. Mr. Sandeep Barve fir deft No.3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Adv.  Ansari for Plaintiff present and tendered draft NM along with affidavit. Leave granted to register.
    Adv. Laxmi for deft. no. 3 present.
    Adv. Khandagle for Deft. no. 1 and 2 /MCGM present.
    Adjd. to 21.06.2019 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv. R. L. Singh for plaintiff present.
    Adv. Khandagle for Deft.1 and 2 /MCGM present.
    None for defendant no. 3.
    Plaintiff is directed to tender registered NM No. 322/18 on next date.
    On oral request of ld adv for def., adjournment granted.
    Adjd to 26.06.2019 for reply.
    L.O. at 3.15 p.m. Adv. Sandip Barve for defendant no. 3 present.
    Adv. Ms. Joshi for plaintiff present and tendered registered NM No. 2148/19 with affidavit.
    Adjd to 26.06.2019 for NM reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: Adv. R. L. Singh h/f Adv. Bipin Joshi for plaintiff present.
    Adv. Khandagle for MCGM/Deft. 1 and 2 present and filed affidavit in reply to NM No. 2148/19.  Copy served to other side.
    None for def. no. 3.
    Reply not filed by def. no. 3.  Hence NM No. 2148/19 will be heard without reply of def. no. 3.
    Adjd to 03.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Ms. D\''sa h/f Adv. Bipin Joshi for Plaintiff present.
    Adv. Khandagle for MCGM/Deft. 1 and 2 present.
    Ex-09-Adv. Sandeep Barve for defendant no. 3 present and filed application for setting aside no reply order dated 26.06.2019 t.o.r.
    Order - Granted.
    Adjd. to 17.07.2019 for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv. Bipin Joshi for plaintiff present.
    Adv. Khandagle with Adv. Vikram Walavalkar for MCGM/Deft. 1 and 2 present.
    Adv. Sandip Barve for defendant no.3 present and filed affidavit in reply.  Copy is served to other side.
    Earlier order, if any, to continue till next date.
    Adjd to 24.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. D''sa for plaintiff present and tendered affidavits in rejoinder.  Copies served to other sides.
    Adv. Santosh Wagh for defendant no. 3 present.
    Adv. Khandagle for MCGM/Deft. 1 and 2 present.
    Adjd to 02.08.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Court is on leave. Hence, matter is adjd. to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Advocate Ms. D\''sa for plaintiff present
    Adv. Khandagle for MCGM/Deft.no.1 present.
    Advocate Mr. Santosh Wagh for Defendant no.3 present
    Learned advocate for Plaintiff has tendered copy of order in AO (ST) no.2700/18 with Civil Application (ST) no.2703/18 dated 08/11/2019, t.o.r.
    On oral request of advocate for Plaintiff, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
    Case is adjourned to 22/01/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv.D\''sa for plaintiff present.
    Adv. Sandeep Barve for defendant present.
    Adv. Khandagle for MCGM/Deft. present.
    Matter adjd to 06.03.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. D\''Sa  for plaintiff present.
    Adv. Khandagle for MCGM/Deft.No.1 and 2 present.
    Adv. Mrs.Sheetal Tanpure for defendant No.3 is present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
     Matter adjd to 22.06.2020 for NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: None for plaintiff.
    Adv.Mr.Khandagale for deft no.1 and 2/MCGM present.
    None for deft no.3.
    Matter adjd to 26.02.2021 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Ankita Jain h/f Adv. Bipin Joshi for plaintiff present and requests for time to argue the NM . Time is granted till next date.
    Adv. Khandagle for deft no. 1 and 2/MCGM present.
    Adv. Mr. Santosh Wagh i/b M/s B. K. Barve and Co. for deft no.3 present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 07/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None for plaintiff.
    None for deft no.1 and 2/MCGM.
    Adv. Ms. Laxmi Ingle for deft no.2 present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 25/06/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: CORAM - H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Adv Miss Priya Laud h/f Adv B.P. Joshi for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
    Adv Santosh Wagh for defendant no.3 present.
    Earlier order, if any, to continue till next date.
    Adjd. To 04/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv Vedanshi Shah h/f Adv Bipin Joshi for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present
    None for defendant no.3.
    Earlier order, if any, to continue till next date.
    Adjd. To 22/11/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv Vedanshi Shah h/f Adv Bipin Joshi for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present. None for defendant no.3.
    Both parties are requested for time to argue on NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 23/02/2022 for NM hearing / reply to NM NO.2148/2019 by defendant / MCGM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    None for defendant no.3
    Earlier order, if any, to continue till next date.
    Adjd. to 04/04/2022 for NM hearing / reply to NM NO.2148/2019 by defendant / MCGM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: CORAM H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
    (Matter pertains to C.R. No.04)
    Adv Bhavesh Joshi h/f Adv Bipin Joshi for plaintiff present.
    Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM is present.
    None for defendant no.3.
    Earlier order, if any, to continue till next date.
    Adjd. To 10/06/2022 for NM hearing / reply to NM NO.2148/2019 by defendant / MCGM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Bhaven Joshi h/f Adv. Bipin Joshi for plaintiff present and seeks time to argue N/M. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present.
    None for deft. No. 3.
    Adjd. to 20/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Sakshi Agarwal for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and submitted that counsel Adv. is not available today, hence requested for time. Time is granted till next date.
    None for deft. No. 3.
    Adjd. to 12/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Vedanshi Shah h/f Adv. Bipin Joshi for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Counsel Adv. Mr. Walawalkar with Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
    Adv. Vijay Hingre for deft. No.3 present.
    Adjd. to 10/10/2022 for hrg. on contempt N/M No.322/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Bipin Joshi for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
    Adv. Santosh Wagh for deft. No.3 present.
         Contempt N/M No.322/2018 has been filed for breach of the interim order passed by this Court under order 39, rule 1 of the CPC. Hon\''ble Bombay High Court judgment of Rampyaribai Sukhadeo Daga V/s Niladevi Narayandas Jakhotiya and Ors. held that an application under order 39, rule 2-A of the CPC is to be separately registered as Miscellaneous Application and should be tried by framing issues independently. Hence, in view of the above cited judgment office is directed to register contempt N/M No. 322/2018 as separate Miscellaneous Application. Hence, contempt  N/M No. 322/2018 is removed from the CIS.
    Earlier order, if any, to continue till next date.
    Nature Of Disposal: OTHER
    Disposal Date: 10-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101418/2018
    Filing Date: 23-01-2018
    First Hearing Date: 23rd January 2018
    Decision Date: 10th October 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    10 Oct 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100322/2018
    Mr. Raghunath Bhagoji Shinde Vs 1. MCGM 2. Asst. Engineer (B and F)
    Date : 10-10-2022
    Business : Adv. Bipin Joshi for plaintiff present. Adv. Mrs. Tondwalkar
    for defendant Nos.1 and 2/ BMC is present. Adv. Santosh
    Wagh for deft. No.3 present. Contempt N/M No.322/2018
    has been filed for breach of the interim order passed by this
    Court under order 39, rule 1 of the CPC.
    Hon&amp#039ble Bombay High Court judgment of
    Rampyaribai Sukhadeo Daga V/s Niladevi Narayandas
    Jakhotiya and Ors. held that an application under order 39,
    rule 2-A of the CPC is to be separately registered as
    Miscellaneous Application and should be tried by framing
    issues independently. Hence, in view of the above cited
    judgment office is directed to register contempt N/M No.
    322/2018 as separate Miscellaneous Application. Hence,
    contempt N/M No. 322/2018 is removed from the CIS.
    Earlier order, if any, to continue till next date.
    Nature of Disposal : OTHER
    Disposal Date : 10-10-2022
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    10 Oct 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100322/2018
    Mr. Raghunath Bhagoji Shinde Vs 1. MCGM 2. Asst. Engineer (B and F)
    Date : 10-10-2022
    Business : Adv. Bipin Joshi for plaintiff present. Adv. Mrs. Tondwalkar
    for defendant Nos.1 and 2/ BMC is present. Adv. Santosh
    Wagh for deft. No.3 present. Contempt N/M No.322/2018
    has been filed for breach of the interim order passed by this
    Court under order 39, rule 1 of the CPC.
    Hon&amp#039ble Bombay High Court judgment of
    Rampyaribai Sukhadeo Daga V/s Niladevi Narayandas
    Jakhotiya and Ors. held that an application under order 39,
    rule 2-A of the CPC is to be separately registered as
    Miscellaneous Application and should be tried by framing
    issues independently. Hence, in view of the above cited
    judgment office is directed to register contempt N/M No.
    322/2018 as separate Miscellaneous Application. Hence,
    contempt N/M No. 322/2018 is removed from the CIS.
    Earlier order, if any, to continue till next date.
    Nature of Disposal : OTHER
    Disposal Date : 10-10-2022
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --

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