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NOTICE OF MOTION

Firoz Idris KhanVsMCGM

CNR MHCC0100182320184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 04th October 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100453/2018
Registration Date
03 Feb 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Firoz Idris Khan

Respondent

  1. 1MCGM

Acts & Sections

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

Case History / Proceedings

Case History
Date: 05-02-2018
Business: As Court is on leave today, Board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-02-2018

Date: 28-02-2018
Business: Adv.Mr.Pal for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Adjd.for N/m hearing on 11.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv. B.P.Shukla  for Plaintiff present.
Adv. Mr. Giri  for defendant / BMC present.
Adv. For plff prayed for adjournment for filing rejoinder and N/m hrg granted as last chance.
Adjd. To 09.07.2018 for rejoinder/N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Adv. Mr. B. P. Shukla for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Matter is adjd. to 16.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv Yadav for plff presnt.
Adv Giri for BMC/deft present.
Earlier order to continue till next date.
Adjd to 5/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: Matter pertains to C.R.No.8
Adv. B.P. Shukla for Plaintiff present.
Adv. Mhatre for Defendant /BMC present.
Earlier order to continue till next date.
Adjd for N/m hrg. to 22.10.18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Adv. B. P. Shukla for plaintiff present and filed rejoinder.
Adv.  Bhoir for defendant no. / BMC present.
copy served to other side.
Earlier order, if any, to continue till next date.
Matter adjd. to 17.12.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: CORAM  H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
               (C.R.NO.11)
(Incharge Court of C.R.No.8)
Adv Shukla for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 13/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Adv Ravindra Singh h/f adv Shukla for plff present. Adv Mrs.Bhoir for BMC/deft. present.
On oral request of ld adv for plff, adjournment granted.
Court busy in recording evidence in Sessions Case No.454/17, hearing arguments in suit no.1197/17 and 3109/07. hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 1/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adv. Mr. Yadav h/f Adv. Mr. Shukla for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
On oral request of advocate for Plff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 19/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. J. S. Yadav for plaintiff present.
Adv. Khandagle for Deft./MCGM present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 07.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for plff, adjournment granted.
Adjd to 20.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Mr. Yadav for plff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Plaintiff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 10.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: I/c of Court Room No.08
Adv Mr. B.P. Shukla for plaintiff present.
Adv Mr. Khandagale for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/03/2020 for N.M. hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for deft/MCGM present.
On oral request of advocate for plaintiff to argue the NM No.453/18, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 23/06/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned 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 04/10/2021 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: The main matter i.e Suit NO.272/2018 is fixed on 05.01.2022, therefore NM is Adjd. To 05/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Mukesh Dubey h/f B.P. Shukla for plaintiff present and requests for time to argue NM.
Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 31/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
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 11/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM hearing. But neither plaintiff nor his advocate present. It shows that plaintiff is not interested to proceed with the NM, hence NM be kept for dismissal.
Earlier order, if any, to continue till next date.
Adjd. To 04/04/2022 for NM dismissal.
K.B.
L.O. at 3.30 p.m.
Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adjd. To 04/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
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 29/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 17/06/2022 for NM hearing / dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
(Matter pertains to C.R. No. 4)
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 10/08/2022 for NM hearing/dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 12/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date as a last chance.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 18/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla present and submitted that advocate on record is busy in Hon\''ble High Court hence, requested time to argue on N/M. N/M is pending since long for hearing and adjourned time to time for hearing. However, as a last chance matter is adjourned.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 11/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M.  Hence, one more last chance is granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M on ground of his ill health. Hence, time is granted till next date.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present and requested time to argue on N/M. Time is granted till next date as a last chance.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Mhatre  h.f. Adv. Suryavanshi for defendant/ BMC is present.
KB
LO
Same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 31.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv Sunita Dubey h/f Adv B.P. Shukla for plaintiff present and submitted that Adv B.P. Shukla is  not feeling well hence, requested time.  O- Granted.
Adv Suryavanshi for deft/BMC present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 12-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Sunita Dubey for plaintiff present and submitted that senior Adv. Shukla has urgent matter in Hon\''ble High Court, hence request for time to argue on N.M. It appears that since 2018 NM is pending for hearing and repeatedly adjourned on request of plaintiff. However as a last chance time granted.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 02.05.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv.Mr. Yadav hf Adv. B.P. Shukla for plaintiff present and  seeks time to argue on NM as he is not prepared.                     O-Granted as a one more last chance.
Adv. Ms. Mhatre for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 13.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Advocate Sunita Dubey h/f B.P. Shukla for plaintiff present and submitted that Sr. Adv is at Dindoshi Court. He further submitted that keep back the matter
Advocate Mhatre h/f adv. Suryavanshi for defendant/BMC present.
Keep back.
L. O.
Adv. B.P.  Shukla for plaintiff present.
Heard argument of both side on NM.
Earlier order, if any, to continue till next date.
Adjd to  26.07.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
As court is busy in hearing and dictating of ad-interim order and Due to paucity of time matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 18.08.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Advocate J. S. Yadav h/f B.P. Shukla for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Keep back
L.O.
As court is busy in recording evidence and hearing Ch/s. Due paucity of time matter adjourned.
Earlier order, if any, to continue till next date.
Adjd to  31.08.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Advocate Ravindra Singh h/f B. P. Shukla for plaintiff present.
Advocate Mhatre h/f  Sur for defendant/BMC present.
Matter adjourned as court is busy in dictating judgment in SU No. 2400/2013 and due to paucity of time. Adjourned.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Matter pertains to C. R. No. 4
Advocate Abhishek Shukla h/f B.P. Shukla for plaintiff present.
None present for defendant/BMC.
Earlier order, if any, to continue till next date.
Adjd  to 04.10.2023   for  NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Adv. Karan Chaudhary h/f B.P. Shukla for plaintiff present.
Adv. Ms. Dhuri for defendant/BMC present.
F.R.S.R. Following order is passed on Notice of Motion No. 453/2018.
ORDER
Notice of Motion is dismissed
Adv for plaintiff tendered application for extension of ad-interim relief. Marked as Exh. 2 O- Other side to say.
Adv Dhuri h/f Suryavanshi for defendant/BMC filed say on Exh.2.
Heard argument of both sides on Exh. 2
Order on below Exh.2
1.   After pronouncing the order on NM. Adv for plf moved this application for continuation of EOC dated 09.12.2019. Adv for corporation strongly opposed prayer for continuation of EOC.
2.   Heard adv for the parties and perused record and proceeding.
3.  The NM for temporary injunction has been dismissed. The plaintiff intends to challenge order dismissing NM. It appears that ad-interim relief was continued during the pendency of NM. The appeal is the statutory right of the parties, Hence, I pass following order.
ORDER
Defendant/B.M.C. Shall not take coercive action for a period of one week from the date of uploading of order of Notice of Motion on the official Website.
Adjd to 27.10.2023  for WS
Nature Of Disposal: DISMISSED
Disposal Date: 04-10-2023

Additional Case Details

Additional Case Details
Filing Number: 101981/2018
Filing Date: 03-02-2018
First Hearing Date: 05th February 2018
Decision Date: 04th October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1Full order available
04 Oct 2023

Order Details: Notice of Motion Pdf Text: 1 N/M. No.453/18 (LCS No.272/18) MHCC010018232018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.453 OF 2018 IN LONG CAUSE SUIT No.272/2018 Firoz Idris Khan … Plaintiff - Versus - The Municipal Corporation of Greater Bombay ... Defendant Appearance :- Mr. B. P. Shukla, Advocate for plaintiff. Mr. Om Suryavanshi, Advocate for defendant. CORAM : S. H. SALUNKHE, ADHOC JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED :…

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Order 1Full order available
04 Oct 2023

Order Details: Notice of Motion Pdf Text: 1 N/M. No.453/18 (LCS No.272/18) MHCC010018232018 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.453 OF 2018 IN LONG CAUSE SUIT No.272/2018 Firoz Idris Khan … Plaintiff - Versus - The Municipal Corporation of Greater Bombay ... Defendant Appearance :- Mr. B. P. Shukla, Advocate for plaintiff. Mr. Om Suryavanshi, Advocate for defendant. CORAM : S. H. SALUNKHE, ADHOC JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED :…

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