SUIT - SHORT CAUSE CIVIL SUIT

Usha Vadiraja BhatVsMCGM

CNR MHCC01001565201911-COURT 02 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

PENDING

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number: 100395/2019
Registration Date: 13 Feb 2019
Next Hearing Date: 22 Sept 2026
Case Stage: ORDER

Advocates

For Petitioner

Suda Vadiraja Bhat

For Respondent

Not available

Parties

Petitioner

1Usha Vadiraja Bhat

Respondent

1MCGM

Acts & Sections

Protection of Women from Domestic Violence Act · Sec Order 39

Case History / Proceedings

Case History

Date: 18-02-2019
Business: Advocate Mr. Bhat for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present.
Learned advocate for Plaintiff submitted that, landlord has increased height of walls of total chawls for protecting chawl from the flood of Nala which is situated towards northern side of chawl.  It is Plaintiff\\\''s case that Plaintiff is tenant and since landlord has given room into possession of Plaintiff, Plaintiff has not made any construction in the room, because Plaintiff is not authorized to make any construction without consent of landlord. At this stage, inspection report is not before the Court, because BMC officer who is incharge of the matter in question is busy in Shindewadi Court as submitted by Defendant\\\''s officer Mr. Ratnakar Sasane, Jr. Engineer S Ward, BMC.  In such circumstances I find that till BMC files inspection report and other relevant documents on record, it is necessary to protect notice structure, hence ad-interim relief in terms of prayer clause (a) of draft NM is granted till filing NM reply by the Defendant.   It is made clear that after filing reply of Defendant, NM will be decided on merits.
Case is adjourned to 13/03/2019 for NM reply.
Parties to act upon authenticated copy duly signed by Sheristedar.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Advocate Mr. Bhat for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
Plaintiff to get registered NM on next date.  Time extended for registering Notice of Motion.
Earlier order to continue till next date.
Case is adjourned to 12/06/2019 for reply/registered Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Advocate Bhat for plaintiff present and filed original Notice of Motion no. 2044/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Chavan for defendant/MCGM present and sought time to file reply. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 26.08.2019   for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 02.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Bhat for Plaintiff present.
Adv. Mhatre for Defendant pray for adjd
Earlier order if any continue till next date.
Case is adjourned to 17/02/2020 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Mr. Bhat for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM, prayed for last adjd. to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 20.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre h/f adv.Chavan for deft./MCGM, prayed for adjd to file reply.
Adjd. as per circular of the High Court on \''Corona restriction\''.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 26.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: Due to Covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 20.02.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and filed reply cum written statement along with list of documents. T.O.R. and marked at Exhibit-3 and 4 respectively.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 15.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Due to surge in  Covid-19, on 15.04.2021 declared as holiday, hence, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for plaintiff.
Adv. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for N/M Reply to 05.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None present for plaintiff.
Adv. Mr. Mhatre for defendant/MCGM is present.
Though, the roznama shows that the case is pending for NM reply, it seems that the defendant preferred reply-cum-ws at Exh. 03. Hence, the matter is posted for NM hearing.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 31.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Since long, the matter is pending for NM hearing and the plaintiff is absent. Hence, the matter is posted for dismissal of NM.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 02.07.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Adv. Mr. S.V. Bhat for the plaintiff is present. He is supplied with copy of NM reply and documents filed by the defendant.
Adv. Mrs. J. V. Mhatre for defendant/MCGM is present
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 18.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Mr. Suda Vadiraja Bhat for the plaintiff is present and orally requested for time to file reply rejoinder. Granted as a last chance.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for reply rejoinder to 06.10.2022.
Next Purpose: REPLY
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None present for the plaintiff.
Adv. J.V. Mhatre for defendant/MCGM is present.
The plaintiff is absent to file reply rejoinder. Hence, the matter is posted for NM hearing.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 26.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: Due to working day cancel
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv. Mr. S.V. Rajabhat for the plaintiff is present and orally requested for time to file reply rejoinder. Sufficient time is already granted. Hence, time is granted strictly as last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for reply rejoinder to 06.02.2023.
Next Purpose: REJOINDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: PO is on leave
Next Purpose: REJOINDER
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Mr. Raja Bhat for the plaintiff is present and filed reply rejoinder in NM No. 2044/2019. TOR. Copy is supplied to the other side.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 05.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv. Mr. Raja Bhat for the plaintiff is present and orally requested for time to argue on NM. Time is granted lastly.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 25.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: None present for the plaintiff.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 26.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv. Mr. Bhat for the plaintiff is present and requested time to argue the NM. He is called upon to file written submissions on NM.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 23.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Mr. Raja Bhat for the plaintiff is present and requested time to file written submissions on NM. Time is granted.
Adv. Mr. Suryavanshi h/f Adv. Mr. Khandagale for defendant /MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 23.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv. Mr. Bhat for the plaintiff is present and requested time to file written submissions on NM. Sufficient time is already granted. Hence, time is granted strictly as last chance.
Adv. Mrs. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM/dismissal to 12.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Mr. S.V. Raja Bhat for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed.
Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant  to 16.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Adv. Mr. S.V Bhat for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM by defendant to 04.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Adv. Mr. Raja Bhat for the plaintiff is present.
Adv. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 13.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: None present for the plaintiff.
Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 24.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Adv. Mr. S.V. Bhat for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/MCGM is present and sought time to file written notes on NM. Granted. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM by defendant to 07.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Adv. Mr. S.V. Bhat for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM by defendant to 17.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: Matter pertains to C.R. No.11
Adv. Mr. S. V. Bhat present for the plaintiff.
Adv. Mr. S. R. Yadav for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 06.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: Adv. Mr. Bhat for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and requested time to argue the NM. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 20.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: Adv. Mr. Bhat for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. The Court is busy in targeted matters and dictating Judgment in SU No. 914/2013.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 17.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Adv. Mr. Bhat for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that his reply to NM be trated as written notes of argument. Advocate for plaintiff submitted that he already filed written submissions on NM. Earlier order, if any, to continue till next date.
Adjourned for NM Order to 09.05.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-05-2025

Date: 09-05-2025
Business: Adv. Mr. Bhat for the plaintiff is present. Adv. Mr. V.G. Shinde h/f Adv. Mrs. Metakari for defendant/BMC is present.
F.R.S.R. Following Order is passed in NM 2044/2019
- O R D E R -
(i).  Notice of Motion No. 2044/2019  is dismissed.
(ii). Notice of Motion No. 2044/2019  is, accordingly, disposed of.
Adjourned for issues to 08.07.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Issue are framed at Exhibit 5.
Adjourned for filing affidavit of documents/RE to 02.09.2025.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: court is on leave, hence adjd.to
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for dismissal to 17.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back.
Later on 12.18 p.m.
The appearance is as above.
Adjourned for dismissal to 10.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: Adv. Mr. Raja Bhat for the plaintiff is present and filed application for change of caption. Taken on record. It is marked as Exhibit 6. O- Other side to say.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present and endorsed say on Exhibit 6. Heard. Order on Exhibit 6 &ndash; Looking the reason mentioned in this application permission is granted as prayed. Put up record for filing documents/recording evidence.
Adjourned for filing documents/RE to 07.04.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Adv. Mrs. Sheetal Metakari a/w Adv. Mr. Yadav for defendant/BMC is present.
Adv. S. V. Bhat for plaintiff present and filed evidence affidavit. It is marked as Exh.07.
Adjourned for filing documents to 18.06.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: Adv. Mr. Suda Bhat for the plaintiff is present and filed list of documents. Taken on record. It is marked as Exhibit 8. O- Other side to say. Copy is supplied to the other side.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present and endorsed say on Exhibit 8.
Adjourned for admission denial to 23.07.2026.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: None present for the plaintiff.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Document No. 2,4 and 6 are merely exhibited for other document mere production allowed.
Copy of electric Bill for the month of May, 2026- original. It is marked at Exh-9
Copy of show cause notice dat4d 12.09.2018- Original with Acknowledgment. It is marked at Exh-10
Copy of the speaking order dated 25.01.2019- Original. It is marked at Exh-11
Adjourned for plaintiff R/E to 01.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: None present for the plaintiff to file evidence. Hence, matter kept for struck-out the evidence order. Adv. Mr. Santosh Yadav a/w Adv. Ms. Janhavi Mistry for defendant/BMC is present.
Adjourned for order to 22.09.2026.
Next Purpose: ORDER
Next Hearing Date: 22-09-2026

Additional Case Details

Filing Number: 101675/2019
Filing Date: 07-02-2019
First Hearing Date: 18th February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

Orders

Interim Order 1

08 Jul 2025

Order Details: Other
Pdf Text: Exhibit –5
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
L. C. SUIT NO. 395 OF 2019
Usha Vadiraja Bhat …. PLAINTIFF.
V/s.
MCGM. …. DEFENDANT.
ISSUES
1. Whether the plaintiff proves that notice issued by the
defendant under section 351 of MMC Act bearing
No.S/DO4S/110/351-MMC ACT/S308N01 dtd.
12.09.2018 and speaking order dtd.25.01.2019 are
illegal and bad-in-law ?
2. Whether the suit is bad for want of notice under
section 527 of MMC Act?
3. Whether the jurisdiction of Court is barred in view of
section 515A of MMC Act?
4. Whether the plaintiff is entitled to relief of
declaration as sought ?
5. Whether the plaintiff is entitled to relief of perpetual
injunction as sought ?
6. What order and decree ?
(V.R. Jagdale)
Mumbai. Judge,
Dated : 08.07.2025. City Civil Court, Mumbai.
-- 1 of 1 --

Order 1