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NOTICE OF MOTION

Vijay Nagindas AcharyaVsMCGM +2 more

CNR MHCC0100173320185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 20th September 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100438/2018
Registration Date
02 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 02-02-2018
    Business: Resumed.
    Adv. Palve for plaintiff, Adv. Chandramore for BMC are present.  Adv. Palve filed register NM NO. 438/2018.  By order dtd. 27.11.2017 the Ld. Predecessor directed to refer to TAG committee.  However, it appears that neither of the parties have taken any steps.
    The sister suit No. 2235/2017 is posted on 28.03.2018 which relates to the adjoining building.  The Ld. Adv. Palve in both the suits makes a statement that he will get both the premises audited or re examined from BMC approved structural auditor and submit report about structural stability of premises involved in both the suits.  He also submits that if the report of structural auditor is that the structure is not safe, the plaintiffs in both the suit will vacate the premises.  His statement is accepted and taken on record.
    Earlier order if any to continue till the next date.
    Adjd. for reply of BMC and report of  structural auditor to 23.02.2018
    Next Purpose: REPLY
    Next Hearing Date: 23-02-2018
    
    Date: 23-02-2018
    Business: Resumed
    The court is busy is Recording Evidence in Sessions Case No.768/2016.
    Adjd. for hearing  to 19.03.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    
    Date: 18-04-2018
    Business: Resumed.
    The P.O. is busy in order in Stamp No. 5376/2018 and Judgment in Suit No. 976/2008 and hearing of Stamp No. 5502/2018.  For want of time the board is discharged.
    Adjd. for NM arguments to 06.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of Stamp No. 7205/2018, 1235/2018 and 1200/2018 and Suit No. 152/2008 in NM Nos. 1548 of 2016, NM No. 1624 of 2016 and NM No. 1101 of 2017.  For want of time the board is discharged.
    Adjd for NM arguments to 08.06.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-06-2018
    
    Date: 08-06-2018
    Business: Resumed.
    Adv. Yogesh palve for plaintiff and Adv. Chandramore for MCGM are present.
    It appears from roznama that Exh. Numbers are not mark earlier.  In order to maintain proper record the following Exh. Nos. are marked
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O  - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Exh. 6 - Pursis with copy of report dated 29.03.2018. O - Seen and filed.
    Copies are supplied to the defendant.
    Adv. Chandramore for MCGM seeks two weeks time to seek instructions about the report filed today.  Earlier order if any to continue till the next date.
    Adjd for NM hearing to 20.06.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of ad-interim in Stamp No. 8070/2018 and hearing of final arguments in suit No. 4040 of 2006 and 3284 of 2007.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
    Adjd for NM arguments to 03.08.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Already adjourned to 07.09.2018
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Resumed.
    AAdv. Mr. Yogesh Palve for plaintiff is present.
    Adv. Ms. Patil for defendant/Corporation seeks time to file reply.
    Matter adjd for NM reply to 26.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2018
    
    Date: 26-10-2018
    Business: Resumed.
    The P.O. is busy in hearing final arguments in Suit No. 2187/2006 and 3169/2006 dictating N/M orders in Suit No. 913/2018 and other sisters Suits.
    For want of time the board is discharged.
    Adjd for NM reply to 17.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Adv. Bhushan for plaintiff  present.
    Earlier order if any to be continue till the next date.
    Adjd for NM reply rejoinder to 18.02.2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Adv. Yogesh Palve for plaintiff present.
    Adv. Smt. Patil for defendant no. /MCGM present.
    Matter adjd. to 8.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Adv. Yogesh Palve for plaintiff present.
    Adv.Smt. Patil for defendant no. /MCGM present.
    The Ld. Adv for the MCGM seeks adjournment. Time granted.
    Matter adjd. to 5.4.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: As Court is busy in hearing final argument, hence, board discharge.
    Matter adjd to 28.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-06-2019
    
    Date: 05-04-2019
    Business: As Court is busy in hearing final argument, hence, board discharge.
    Matter adjd to 28.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv.Mr.Yogesh Palve for plaintiff present.
    Adv.Mr.Pradip Patil for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    As Court is busy in dictating orders in notice of motion, hence, matter adjourned.
    Matter adjd to 21.08.2019 for NM Argument
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Matter adjd to 23.08.2019 for NM Argument/Order.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Plaintiff and his Adv.absent.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    KB
    LO
    Same appearance.
    Matter adjd to 11.09.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Plaintiff and Adv. Mr. Yogesh Palve Present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Heard arguments on N/M.
    Matter adjd to 20/09/2019 for order N/M.
    Next Purpose: ORDER
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Adv. Mr. Patil for defendant/MCGM present.
    Plaintiff and his advocate absent.
    F. R. S. R. Following order is passed on Notice of Motion No. 438/2018 -
                                    O R D E R
    The notice of Motion No. 438/2018 is dismissed.
    Matter adjd to 23/10/2019 for steps
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-09-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 101905/2018
    Filing Date: 02-02-2018
    First Hearing Date: 02nd February 2018
    Decision Date: 20th September 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Sept 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 438-18 in Suit No. 2515-17 CNR NO.MHCC010017332018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 438 OF 2018 IN L.C. SUIT NO. 2515 OF 2017 Vijay Nagindas Acharya ......Plaintiff V/s. Municipal Corporation of Greater Mumbai & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 20th September, 2019 Appearance: Ld. Adv. Mr. Yogesh Palve for plaintiff. Ld. Adv.…

    Read Full Order
    Order 1Full order available
    20 Sept 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 438-18 in Suit No. 2515-17 CNR NO.MHCC010017332018 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 438 OF 2018 IN L.C. SUIT NO. 2515 OF 2017 Vijay Nagindas Acharya ......Plaintiff V/s. Municipal Corporation of Greater Mumbai & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 20th September, 2019 Appearance: Ld. Adv. Mr. Yogesh Palve for plaintiff. Ld. Adv.…

    Read Full Order

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