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NOTICE OF MOTION

Saifullah Hasmullah ChaudharyVsMCGM

CNR MHCC01001821201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 31st January 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100454/2018
Registration Date
03 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-02-2018
    Business: Advocate Mr. V. T. Dubey for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Advocate Mr. Asit Singh for applicant present.
    Original registered N/M no.454/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Original registered Ch/s no. 225/18 alongwith affidavit in support tendered by applicant. t.o.r.
    List of the documents filed by BMC/deft. t.o.r. O-filed.
    Heard. Perused documents filed by the defendant. Prima facie it reveals that the copy of the notice filed on record by the Defendant, nowhere discloses that notice was served upon the Plaintiff and even copy which is filed on record, prima facie nowhere discloses as a copy of the notice filed on record by the Plaintiff. Further, Prima facie it is the case of Plaintiff that he has received notice alongwith -- Matter adjd to 5.03.2018 for reply to N/M/ reply to Ch/s and w.st by the Defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2018
    
    Date: 05-03-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2018
    
    Date: 16-03-2018
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2018
    
    Date: 27-04-2018
    Business: Advocate Mr. Rohit Pandey for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    As the court is busy in other matters on board.
    Hence matter adjd to 10.07.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Adv N K Dubey h/f adv V T Dubey for plaintiff present.
    Adv Khandagale for def/BMC present.
    Last chance given to plaintiff to file their reply to ch/sum.
    Adjourned to 26.07.2018  for C/S and NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2018
    
    Date: 26-07-2018
    Business: Court is vacant. Hence board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Advocate for Plaintiff
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18  and 1407/18, hence board is discharged and case is adjourned to 16/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Court is busy in hearing urgent matters, charge of CR no.08, hence board is discharged and case is adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2019
    
    Date: 07-03-2019
    Business: Advocate Mr. Dubey for Plaintiff present and sought time to file reply to Chamber Summons.
    Applicant and his advocate absent.
    Advocate for BMC/Deft present and sought time to file reply. Adjourned.
    Case is adjourned to 04/05/2019 for NM and Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Ms.Hajare for defendant/MCGM present.
    Advocate Asit Singh for Applicant present.
    The Case is adjd. To 01.08.2019  for Chamber Summons hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed reply to the Chamber Summons. TOR.
    Copy of reply served on adv. for applicant.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Adv Ms. Mishra h/f adv. Asit Singh for applicant present.
    The case is adjourned to 06.09.2019 for Chamber Summons hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2019
    
    Date: 06-09-2019
    Business: As 06th September is Gauri Pujan holiday the case is adjd. to 07.09.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: As Court is busy in dictating Judgment in Suit No. 3206/09 and NM order in suit no. 850/13 and also in hearing urgent ad-interim matters in SU no. 2398/19 and 2399/19. The board is discharged.
    The case is adjourned to 27.09.2019 for Chamber Summons hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
    Advocate Giri for defendant/MCGM present.
    KB
    LO at 5.15pm,
    As Court is busy in hearing ad-interim matter in suit no. 2474/19 and in hearing NM in suit no. 1118/19 and in hearing Chamber Summons in suit no. 820/10 and 2920/16 and in dictating orders in Chamber Summons and also in other matters on board. The case is adjourned.
    The case is adjourned to 17.10.2019 for Chamber Summons hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Ms.Mhatre  for defendant/MCGM present.
    Advocate Asit Singh for applicant present.
    Heard advocates for both parties.
    The case is adjourned to 23.10.2019 for Chamber Summons order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Giri for defendant/MCGM present.
    F.R.S.R. following order is passed in Chamber Summons No. 225/18
                                   ORDER
    1. Chamber Summons No. 225/18 is dismissed.
    2. No order as to costs.
    The case is adjourned to 05.12.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present.
    Tendered filed reply by deft., copy supplied to plff. adv.
    Matter is adjd. for NM argument on 13.02.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: None for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Matter is adjd. for NM argument on 12.06.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd. to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: adjd.to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: Adv. Mr. V.T.Dubey for Plff, requested to peruse last two lines of roznama dated 03/02/2018, in respect of fresh speaking order.
    Adv. Ms. Mhatre for Deft./MCGM, requested to seek instructions from concern officer.  It is added that suit structure is already demolished.
    Affidavit of MCGM, already on record dated 05/12/2019 marked as Exh.4.
    Parties to verify present situation and argue on next date.
    Matter is adjd. for n/m hrg. on 07.10.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: None present for plaintiff.
    Adv. Ms. Mhatre for deft./MCGM.
    Matter is adjd. for n/m arguments to 14.01.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for plaintiff.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
    Matter is adjd. to 01/03/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Mr. N.K.Dubey for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the plaintiff orally requested time for NM hearing.
    Adjourned for NM hearing to 23/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and orally requested time for NM hearing. Granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing to 29.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: HHJ gone to training programme at Uttan, hence adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. V.T. Dubey for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present.
    Heard both the sides on NM No. 454/2018. Advocate for the defendant orally requested for time to go through the record and to verify whether Speaking Order is passed in view of roznama dtd. 03.02.2018.
    Adjourned for steps/NM Order to 14.11.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to verify the passing of Speaking Order.
    Adjourned for steps/NM Order to 13.01.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and informed that the Speaking Order is passed and referred to the NM reply. The parties are already heard on NM.
    Adjourned for NM Order to 31.01.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    F.R.S.R. the following Order is passed on NM No. 454/2018:
    -: O R D E R :-
    (i).     Notice of Motion No. 454/2018 stands dismissed.
    (ii).    Notice of Motion No. 454/2018 is, accordingly, disposed
              of.
    LO at 03:45 pm.
    Adv. Mr. V.T. Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
    Adjourned for WS (LN) to 04.02.2023.
    Nature Of Disposal: DISMISSED
    Disposal Date: 31-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101933/2018
    Filing Date: 03-02-2018
    First Hearing Date: 03rd February 2018
    Decision Date: 31st January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    31 Jan 2023

    Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-001821-2018. Notice of Motion No. 454/2018. in L.C. Suit No. 273/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 454 OF 2018. IN L.C. SUIT NO. 273 OF 2018. Saifullah Hashmullah Chaudhary. ..…...… ….. PLAINTIFF. V/s. MCGM. ..…..........................................….. ….. DEFENDANT. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 31st January, 2023. APPEARANCES : Shri. Virendra T. Dubey, Ld. Advocate for the Plaintiff. Shri. Sunil…

    Read Full Order
    Order 1Full order available
    31 Jan 2023

    Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-001821-2018. Notice of Motion No. 454/2018. in L.C. Suit No. 273/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 454 OF 2018. IN L.C. SUIT NO. 273 OF 2018. Saifullah Hashmullah Chaudhary. ..…...… ….. PLAINTIFF. V/s. MCGM. ..…..........................................….. ….. DEFENDANT. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 31st January, 2023. APPEARANCES : Shri. Virendra T. Dubey, Ld. Advocate for the Plaintiff. Shri. Sunil…

    Read Full Order

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