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CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th April 2018

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100215/2018
Registration Date
30 Jan 2018

Advocates

1

For Petitioner

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 27-02-2018
    Business: Adv. Ravindra Singh for plaintiff.
    Adv.Ms.Tadavi  for BMC/Deft. Present.
    Adv. Sohoni for applicant.
    Adjd.by way of last chance for hrg.of ch/summons to 13/3/2018 at 1.00p.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.Pal for plff present.
    Adv.Mrs.Kamble for Deft./BMC present.
    None for applicant.
    Earlier order, if any, to continue till next date.
    Adjd to 12.04.2018 for N/m hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2018
    
    Date: 14-03-2018
    Business: By precipe.
    Matter pertains to C. R. No. 8
    Advocate Mr. Pal for plaintiff present.
    Advocate Mr. Giri for deft./BMC present.
    Advocate Mr. Sohani for applicant present.
    Date is preponed.
    Earlier order, if any, to continue till next date.
    Adjourned for Ch/s hearing to 22.03.2018 at 1.00p.m.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-03-2018
    
    Date: 22-03-2018
    Business: None for plff.
    Adv.Mrs.Tadavi for BMC/Deft no.1 present.
    Adv.Mr.Sohani for  applicant present.
    It is submitted that today\''s date and time was fixed as per the convenience of both the parties.  Inspite of that none appeared for the plff.
    Heard Ld.Adv.for the applicant and Ld.Adv.for the BMC on the Ch/s No.215/18.
    L.O at 1.35
    Adv.Mr.Pratap Singh for Plff.present.
    He sought adjournment for Ch/s hearing   The Ld.Adv.for applicant oppose for adjournment.  Considering the previous roznama, las t chance is granted to the plff for argument in Ch/s.
    Adjd.on 26.03.2018 for argument on Ch/s at 2.45 pm.
    Earlier order to continue till next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-03-2018
    
    Date: 26-03-2018
    Business: Adv.Mr.Pal for Plff.present.
    Adv.Mr.Giri for BMC/Deft present.
    Adv.Mr.Sohani for applicant present.
    K.B.L.O.at 03.55 pm
    Inspite of the fact that the Ch/s hearing was fixed at 2.45 pm.and again on request it was kept back at 3.30 pm. However till 4.00 pm adv.Mr.Pratap Singh did not appear for arguing the Ch/s.  Hence the Ch/s is adjd.for order on 31.03.2018.  If the adv.for plff is intending to place on record his argument,  he can do so by filing written notes of arguments.
    Earlier order to continue till next date.
    Next Purpose: ORDER
    Next Hearing Date: 31-03-2018
    
    Date: 31-03-2018
    Business: None for Plff.
    Adv.Mrs.Tadavi for BMC/Deft.present.
    None for applicant in Ch/s.
    Today the case is fixed for order on Ch/s No.215/18. The Steno of this court is on Leave.  Moreso, now the Hon\''ble Apex court in the case Mohd.Hussain V/s MCGM 2017(6) ALL MR 420 (S.C) has held that for deciding legality of demolition notice, presence of applicants is not required.   Hence in view of said ruling, the adv.for applicant to make further submissions on Ch/s.
    Adjd.for further submissions on Ch/s by adv.for applicant on 05.04.2018.
    Earlier order to continue till next date.
    L.O.at 3.10 pm.
    Adv.Mr.Pratap Singh for Plff.present.
    Adv.Ms.Bhakti Patwardhan for applicant present.
    Adv.for Plff.has filed written notes of arguments on Ch/s.t.o.r. Copy served to Applicant.
    Next Purpose: HEARING
    Next Hearing Date: 05-04-2018
    
    Date: 05-04-2018
    Business: Adv. Pratap Sing for Plff.present.
    Adv.Ms.Tadvi for BMC/Deft present.
    None present for applicant
    In view of the order dated 31st March, 2018 the matter is adjd.for further submission on chamber summ. by advocate for applicant.
    Earlier order to continue till next date.
    Adjd.to 24/04/2018 for hrg. Of ch/summ.
    Later on at 4.00p.m.
    Adv.Mr. Sohoni for applicant present.
    He made submissions on the case law and also filed written notes of argument.
    Adjd.for order on ch/summ.to 24/4/2018
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: None for Plff.
    Adv.Mrs.Tadavi for BMC/Deft.present.
    Adv.Ms.Bhakti Patwardhan for applicant present.
    1 Chamber Summons No.215/18 is allowed and made absolute in terms of prayer clause (a) and (b).
    2 The plaintiff is directed to carry out th amendment as per the schedule annexed to the Chamber summons within two weeks and shall served the copy of amended plaint upon the defendants within two weeks thereafter.
    3 Chamber summons is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-04-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 101716/2018
    Filing Date: 30-01-2018
    First Hearing Date: 28th June 2018
    Decision Date: 24th April 2018
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Apr 2018

    Order Details: Chamber summons Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 215 OF 2018 CNRMHCC010015472018 IN L.C.Suit (St. )No.11195 of 2017 L.C.SUIT NO. 526 OF 2018 CNRMHCC010132952017 Dr.Omprakash Jhumerial Tavri )...Plaintiff. V/s. 1. The Commissioner Municipal Corporation of Greater Mumbai & Ors. )...Defendants A N D Mrs. Ravi Radha Alias Ramadorai )...Applicant CORAM : HIS HONOUR JUDGE SHRI. KISHORE M.JAISWAL (C.R. NO.08) DATE : 24 /04/2018. Ld. Adv.Pratap Singh for the plaintiff. Ld.…

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    Order 1Full order available
    24 Apr 2018

    Order Details: Chamber summons Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 215 OF 2018 CNRMHCC010015472018 IN L.C.Suit (St. )No.11195 of 2017 L.C.SUIT NO. 526 OF 2018 CNRMHCC010132952017 Dr.Omprakash Jhumerial Tavri )...Plaintiff. V/s. 1. The Commissioner Municipal Corporation of Greater Mumbai & Ors. )...Defendants A N D Mrs. Ravi Radha Alias Ramadorai )...Applicant CORAM : HIS HONOUR JUDGE SHRI. KISHORE M.JAISWAL (C.R. NO.08) DATE : 24 /04/2018. Ld. Adv.Pratap Singh for the plaintiff. Ld.…

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