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NOTICE OF MOTION

Mustafa Hamaza SoniVsMCGM And Ors

CNR MHCC0100140620185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 14th March 2020

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100342/2018
Registration Date
25 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM And Ors

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-01-2018
    Business: The defendants have not yet appeared in the matter and file their reply to the motion.  As per the work permit, the said agency was permitted to start the work on 22.01.2018 and complete it on 25.01.2018.  The Ld. Adv. for plaintiff submits that the said agency has only removed the tiles in front of the plaintiffs property, however it has not yet laid the gas pipeline. The plaintiff has prayed for ad-interim reliefs as narrated in prayer clause (a and b) However, the permission has already been granted by the Def. no. 1 to Mahanagar Gas Limited.  In fact the def no. 1 to 4 who are parties to the suit are not doing the work of digging.  A third party agency is doing the said work for supplying gas connection to its customer.  Therefore ad-interim relief cannot be granted against an agency who is not party to the suit.  Therefore at this stage ad-interim relief cannot be granted.  Adj. for reply of defendants on NM No. 342/2011 to 29.01.2018.
    Next Purpose: REPLY
    Next Hearing Date: 29-01-2018
    
    Date: 29-01-2018
    Business: Resumed.
    The Court is busy in hearing of NM No. 124/2014 in Suit No 148/2014.  Adjd. for reply to 14.02.2018.
    Next Purpose: REPLY
    Next Hearing Date: 14-02-2018
    
    Date: 14-02-2018
    Business: Resumed.
    The P.O. is busy in judgment in Suit no. 1134 /2012, for want of time board is discharged.
    Adjd. for reply to NM on 09.04.2018
    Next Purpose: REPLY
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: Resumed.
    The P.O. is busy in hearing of Ch/s No.114/2018 in Suit No. 2589/2017, NM No. 3582/2016 in Suit No. 1166/2006 and orders on Ch/s No. 406/2017 in Suit No. 502/2016.  For want of time the board is discharged.
    Adjd. For NM arguments to 25.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of Ch.s no. 604/2018 in Suit No. 697/2018 and Ch/s No. 516/2018 in Suit No. 698/2018.
    Adjd for NM arguments to 02.07.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Resumed.
    Exh. 8 -Adv. Gaurang Jhaveri h/f Adv. A. R. Deshpande for plaintiff tender vakalatnama.
    Adv. Chandramore seeks time to file reply/w.s.  Time is granted as last chance.
    Adjd for reply to NM /w.s. to 25.07.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: Resumed.
    The P.O. is busy in hearing of High Court time bound matters NM No. 1091/2018 in Suit no. 2179/2017, NM No. 1092/2018 in Suit No. 2180/2017, NM No. 1093/2018 in Suit No. 2181/2017 and NM No. 1094/2018 in Suit No. 2182/2017 and sister matters.  For want of time the board is discharged.
    Adjd for NM reply to 27.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: Resumed.
    None for plaintiff.  Adv. Dubey for def. no. 5 and Adv. Ms. Patil h/f Adv. Pradip Patil for MCGM are present.
    Adv. Patil seeks time to file reply to NM.  The plaintiff is directed to serve the Copy of NM.
    Adjd for reply to NM to 19.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-10-2018
    
    Date: 19-10-2018
    Business: Resumed.
    The P.O. is busy in hearing arguments in NM No. 1768/2016 in suit No. 1566/2015 and other ad-interim  matters.  For want of time the board is discharged.
    Adjd for NM reply to 09.01.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Resumed.
    Adv. Harsh Nishad for plaintiff is present.
    Adv. Ms. Patil for MCGM seeks time to file reply to NM.  Time is granted as last chance.
    Adjd for NM reply to 11.01.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: Resumed.
    Adv. Amey Deshpande for plaintiff.   Adv. Ms. Patil for MCGM filed reply to NM 1405/15 and W.S.  Copy served on plaintiff.
    W.S. of defendant  nos.1 to 4.
    Adjd for arguments  on NM to 6/2/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Resumed.
    Adv. Deshpande for plaintiff, Adv. V. R. Dubey for def. no. 5 and Adv. Ms. Patil for MCGM are present.
    Adv. Dubey filed affidavit in reply.
    On last date though the def. Nos. 1 to 4 filed reply to motion it is incorrectly recorded as w.s. of def. Nos. 1 to 4.  So Exh. 8 be treated as reply to def. Nos. 1 to 4.
    Adv. Deshpande seeks time to submit certain documents.
    Adjd for arguments on NM to 15.02.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: None for plaintiff.
    Adv. Smt. Patil for defendant no. /MCGM present.
    Adv. Vijay Dubey for deft. no. 5 present.
    Matter adjd. To 20.2.19 for Nm Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Adv. Amey Deshpande for plaintiff present.
    Adv. Smt. Patil for defendant no. /MCGM present.
    Adv Vijay Dubey for deft. no. 5 present.
    Additional affidavit filed by Adv. for the plaintiff.
    Matter adjd. to 13.3.19 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: a
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2019
    
    Date: 13-03-2019
    Business: a
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Adv.Deshpande for plaintiff present.
    Adv.Smt.Patil for defendant/MCGM present.
    Adv.Tripathi for deft.5 present.
    Heard plaintiff.
    Ld. Adv. for deft seeks time to argue.
    Matter adjd to 15.04.2019 for Further argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 15-03-2019
    Business: Adv.Deshpande for plaintiff present.
    Adv.Smt.Patil for defendant/MCGM present.
    Adv.Tripathi for deft.5 present.
    Heard plaintiff.
    Ld. Adv. for deft seeks time to argue.
    Matter adjd to 15.04.2019 for Further argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Adv. for plaintiff present.
    Adv.Mr.Pradeep Patil h/f. Adv.Smt.Patil for defendant/MCGM present.
    Adv.Dubey for deft.5 present.
    Matter adjd to 12.06.2019 for NM Argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. for plaintiff  absent.
    Adv. Pradeep Patil for defendant /MCGM present.
    adjourned for arguments  as last chance
    Adjd. 03.07.2019 to for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
    Matter pertains to \''D\'' ward.
    KB
    LO
    Adv.Mr.Vijay Dubey for deft.5 present.
    Matter adjd to 05.08.2019 for NM Hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: (As Court is busy in hearing and also partly dictating judgment in SC 774/2013 and NM orders hence, adjourned.
    Matter adjd to 30.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Court is busy in NM Order Suit no. 3949/13
    hence Board discharged Matter is adj.  to 09-10-2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: As Court is on half day leave for IInd Session.
    Board Discharged.
    Matter is adj to 14/10/2019 for N/M arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: As Court is busy in hearing arguments, passing orders and attending regular board and misc. work.
    Matter adjd to 25/11/2019 for hrg.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-11-2019
    
    Date: 14-10-2019
    Business: As Court is busy in hearing arguments, passing orders and attending regular board and misc. work.
    Matter adjd to 25/11/2019 for hrg. On n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence, board is discharged
    Matter adjd to 15/01/2020 for  hrg. on  nm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mr. Harsh Nishand for plaintiff present and seeks time. Order -Granted time.
    Adv. Mr. Suryavanshi/Mr. Nandanwar  for defendant MCGM Present
    Mater is adjd to 24.01.2020 for hrg.on nm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mr. Harsh Nishand for plaintiff present and seeks time. Order -Granted time.
    Adv. Mr. Suryavanshi/Mr. Nandanwar  for defendant MCGM Present
    Mater is adjd to 24.01.2020 for hrg.on nm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Mr. Harsh Nishad for plaintiff present.
    Adv. Mr. Suryavanshi for the defendant  MCGM Present and seeks time. Order- Granted time.
    Adv. Mr. Vijay Dubey for defendant no.2 present.
    Matter is adjd to 21/01/2020 for evid.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2020
    
    Date: 24-01-2020
    Business: Adv. Mr. Harsh Nishad for plaintiff present.
    Adv. Mr. Suryavanshi for the defendant  MCGM Present and seeks time. Order- Granted time.
    Adv. Mr. Vijay Dubey for defendant no.2 present.
    Matter is adjd to 21/01/2020 for evid.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Mr. Harsh Nishad for plaintiff present.
    Adv. Mr. Suryavanshi for MCGM/deft present.
    K. B.
    L. O. at 02.45 pm.
    Adv. Amey Deshpande for plaintiff present.
    Heard arguments.
    Matter is adjd to  03/03/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-03-2020
    
    Date: 21-02-2020
    Business: Adv. Mr. Harsh Nishad for plaintiff present.
    Adv. Mr. Suryavanshi for MCGM/deft present.
    K. B.
    L. O. at 02.45 pm.
    Adv. Amey Deshpande for plaintiff present.
    Heard arguments.
    Matter is adjd to  03/03/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: FRSR order on NM 342/2018 is dismissed.
    Adjd. to 30/01/2020 for W/st
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Wrongly on Today\''s Board.
    Already Disposed off on 03.03.2020.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101524/2018
    Filing Date: 25-01-2018
    First Hearing Date: 25th January 2018
    Decision Date: 14th March 2020
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    14 Mar 2020
    Order Details: Other
    Pdf Text: Wrongly on Today&amp#039s Board. Already Disposed off on 03.03.2020.
    -- 1 of 1 --
    Interim Order 1Full order available
    03 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM 342-18 in Suit No. 2974-14 CNR NO.MHCC01-001406-18 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 342 OF 2018 IN L.C. SUIT NO. 2974 OF 2014 Mustafa Hamza Soni …...Plaintiff Versus The Municipal Corporation of Gr. Bombay ..... Defendant Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 03rd March, 2020. Appearance: Ld. Adv. Mr. Amey Deshpande for plaintiff. Ld. Adv. Mr.…

    Read Full Order
    Order 2
    14 Mar 2020
    Order Details: Other
    Pdf Text: Wrongly on Today&amp#039s Board. Already Disposed off on 03.03.2020.
    -- 1 of 1 --
    Order 1Full order available
    03 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM 342-18 in Suit No. 2974-14 CNR NO.MHCC01-001406-18 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 342 OF 2018 IN L.C. SUIT NO. 2974 OF 2014 Mustafa Hamza Soni …...Plaintiff Versus The Municipal Corporation of Gr. Bombay ..... Defendant Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 03rd March, 2020. Appearance: Ld. Adv. Mr. Amey Deshpande for plaintiff. Ld. Adv. Mr.…

    Read Full Order

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