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NOTICE OF MOTION

A. Kathiresen R. MuruganVsMCGM

CNR MHCC0100142020204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th December 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100557/2020
Registration Date
04 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 06-03-2020
Business: Adv.S.K.Shah for plaintiff present and tendered original NM 557/2020.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
 Matter adjd to 17.04.2020 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2020

Date: 06-05-2020
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: NOTICE OF MOTION
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon\''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 09-12-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Yadav h/f.Adv. B.P. Shukla  for plaintiff present.
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted to file reply to NM No. 557/2020.
Earlier order, if any, to continue till next date.
Matter adjd to 26/02/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 16/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
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 Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 29/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 12/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv Ravindra Singh h/f Adv for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 10/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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.
Adjd. To 16/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Ravindra Singh h.f. Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 19/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Divya Vishwanathan h/f counsel Adv. Som Sinha with Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 21/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Counsel Adv. Som Sinha with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 27/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2023

Date: 27-01-2023
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. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Pratik Shetty h/f counsel Som Sinha for defendant/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 03/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As Court is busy in hearing urgent ad-interim, N/M and passing orders in ad-interim reliefs, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 17/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Ms. Dubey h/f. Mr. Shukla for plaintiff present
Mr. Som Sinha with Mr. Suryavanshi for BMC present
Counsel Mr. Sinha submitted that the reply given by the Corporation to ad-interim relief be treated as reply to Notice of Motion, hence adjourned for hearing on N/M.
Earlier order, if any, to continue till next date.
Adjd. to 9.6.2023 for N/M. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Sunita Dubey h/f B.P. Shukla for plaintiff submitted that today she has not brought file, hence unable to argue on NM, hence, she is requested for time to argue on NM. Time is granted
Adv. Shri. Suryavanshi  for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14.07.2023  for NM  Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Advocate  B.P. Shukla for plaintiff present and submitted that  he will take instructions from plaintiff whether he has settled dispute with builders. Hence seeks time. Time is granted.
Adv. Pratik Shetty h/f Counsel Adv. Som Sinha a/w Advocate Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 02.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Advocate J.S. Yadav for plaintiff present and submitted that he is not having copy of short Affidavit of reply and seeks time to argue the matter. Hence Time is granted.
Adv. Pratik Shetty h/f Counsel Adv. Som Sinha a/w Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to   21.08.2023 at 1 “O” Clock for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Advocate J. S. Yadav for plaintiff present.
Counsel adv. Som Sinha a/w Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 11.09.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 06.10.2023    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate J. S. Yadav h/f Shukla for plaintiff present and seeks time to argue matter stating that he has not received copy of reply to NM. It appears that reply is filed in the year 2020 and after 3 years plaintiff made statement that he has not received copy of reply. Hence matter adjourned as a last chance.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 27.10.2023   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Advocate J.S. Yadav for plaintiff present.
Adv. Sadaf Abidi h/f Counsel Adv. Som Sinha a/w Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 03.11.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Advocate J.S. Yadav for plaintiff present.
Counsel Adv Som Sinha a/w Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 20.11.2023    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Advocate J. S. Yadav for plaintiff present.
Adv. Sadaf Abidi h/f Counsel Adv. Som Sinha a/w Advocate Suryavanshi  for defendant/BMC present and seeks time to argue NM. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to   01.12.2023  for Hearing on NM by deft/BMC /NM.P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Counsel Adv. Som Sinha a/w Advocate Mhatre h/f Suryavanshi for defendant/BMC present
Heard argument of Counsel Adv. on NM No. 557/2020
Earlier order, if any, to continue till next date.
Adjd  to 13.12.2023    for  NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Advocate Mr.J.S.Yadav h/f Adv.B.P.Shukla for the Plff. present.
Advocate Mr. Suryavanshi for defendants/BMC present
F.R.S.R., following order is passed on N/M.No.557/2020
ORDER
Defendant B M. C is temporarily restrained from demolishing suit premises without following due process of law.
Adjourned to 09/02/2024 for Writ of Summons.
Nature Of Disposal: ALLOWED
Disposal Date: 13-12-2023

Additional Case Details

Additional Case Details
Filing Number: 101541/2020
Filing Date: 04-02-2020
First Hearing Date: 06th March 2020
Decision Date: 13th December 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1
13 Dec 2023
Order Details: Notice of Motion

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