Order Details: Other Pdf Text: 99 Dt:20.06.2023 St. No. 507/11 CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) Advocate Suparna Holamagi h/f Holamagi for plaintiff present and submitted that she will tendered NM on next date. Advocate Mhatre for defendant/BMC present. Advocate Dhadge for contemptner to 3 to 6 present opposed adjournment stating that since last six months plaintiff is making submission that he will tender NM No. 483/2018 and inspite of direction plaintiff has not tendered…
NOTICE OF MOTION
Nagraj Chikkayya Suit Stamp No. 507/2011VsBMC and Ors.
CNR MHCC0100190820184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th June 2023
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100483/2018
- Registration Date
- 06 Feb 2018
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 21-03-2018 Business: Adv Mr.Holamagi for Plff.present. Adv.Mr.Giri for BMC/Deft present. Adv.for Plff.is directed to file Registered N/m No.2614/16 and N/m No.483/18 till next date, failing which suitable orders will be passed. Adv.Mr.Subahsh Dhadge for Contemnor is present and filed vakalatnama t.o.r. Adv.for Plff to supply the copy of Contempt N/m Adv.Mr.Dhadge. Adjd.for N/m reply on 11.07.2018. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 11-07-2018 Date: 11-07-2018 Business: Adv. Mr. Holamagi for Plaintiff present. Adv. Mr. Giri for defendant / BMC present. Adv. Mr. Subhash Dhadge for Contemnor present. Adv for plff undertakes to file the copy of order based on which contempt proceeding is initiated. Adjd. to 06.08.2018 for compliance. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 06-08-2018 Date: 06-08-2018 Business: Plff. present his advocate absent. Adv Mr.Giri for defendant/BMC present. Adjd. to 26.11.2018 for NM hearing. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 26-11-2018 Date: 26-11-2018 Business: Adv. Mr. Holamgi for Plaintiff present. Adv. Mrs. Mhatre for Defendant/BMC present. Adv. Mr. Bhadage for Respondent No. 3 to 6 present. Plaintiff is directed to tender original Notice of Motion on or before next date. Adjd. to 16.01.2019 for N/m hearing. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 16-01-2019 Date: 16-01-2019 Business: Adv Holamagi for plff present and tendered original NM No.483/18 along with affidavit in support. It is TOR. Adv Mrs.Bhoir for BMC/deft/contemnor no.1 and 2 present. Adv Dhadge for Contemnor no.3 to 6 present and tendered copy of reply to the plff. Plff is directed to tender original notice of motion on or before next date. Adjd to 6/03/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-03-2019 Date: 06-03-2019 Business: Plff and Adv. absent. Adv. Mr. Diwate h/f Mrs. Bhoir for MCGM/Deft present. Adv. Mr. Subhash Dhadge for Contemnor No.3 to 6 present. Plff is directed to tender original N/M on or before next date, failing which the motion will stand dismiss automatically. Plff and his Ld. Adv. absent when called at 3.00 p.m. Hence, N/M is kept for dismissal on next date. Adjd to 22/4/2019 for N/M dismissal. LO at 3.05 p.m. Adv. Mr. Holmagi for Plff present. Adjd to 22/4/2019 for N/M dismissal/N/M hearing. Next Purpose: NM FOR DISMISSAL Next Hearing Date: 22-04-2019 Date: 22-04-2019 Business: Adv. Mr. Holamagi for Plff present. Adv. Mrs. Bhoir for MCGM/Deft and contemnor No.1 and 2 present. Adv. Mr. Subhash Dhadge for contemnor No.3 to 6 present. On 5/2/18 Plffs had taken out draft contempt N/M and leave was granted to register the same. On next date i.e. 21/3/18 Plff was directed to tender N/M No. 2614/16 and N/M No.483/18 till next date failing which suitable order was to be passed. Subsequently, such direction was given many times to the Plff to tender original N/M. On previous date i.e. 6/3/19 similar direction was given with specific mention that the N/M would stand dismissed automatically on failure. However after searching the record N/M No. 483/18 is available. Hence, Plff is directed to tender N/M No.2614/16 on or before next date failing which further order will be passed. Adjd to 8/7/2019 for compliance. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 08-07-2019 Date: 08-07-2019 Business: Adv. Holamagi for plaintiff present. Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present. Contemnor No. 3 in person and for Con. No. 4 present. Adv. for contemnor 3 to 6 absent. On oral request of ld adv for def., adjournment granted. Adjd to 29.08.2019 for NM reply. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 29-08-2019 Date: 29-08-2019 Business: As P.O. is on training at Uttan, matter is adjd. till next date. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 07-11-2019 Date: 07-11-2019 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 09-01-2020 Date: 09-01-2020 Business: Adv. Mr. Holmangi for plaintiff present. Plaintiff is present. Adv. Ms. Patil for MCGM/Defendant and contemptnor no. 1 and 2 present. Adv. Mr. Subhash Dhadge for defendant/contemptnor 3 and 6 present. On oral request of advocate for Defendant/contemptnor NO. 1 and 2/MCGM, adjournment granted as last chance. Adjd to 13/02/2020 for reply to contempt N/M no. 483/2018 by defendant/contemptnor no. 1 and 2/MCGM . Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-02-2020 Date: 13-02-2020 Business: None for plaintiff. None for contemptnor Adv. Ms. Patil for MCGM/Defendant/ contemptnor present.. Matter adjd to 21.04.2020 for reply to contempt NM. 483/18 by defendant . Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-05-2020 Date: 12-05-2020 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 REPLYREJOINDER Next Hearing Date: 01-06-2020 Date: 01-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-06-2020 Date: 18-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-09-2020 Date: 25-09-2020 Business: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-11-2020 Date: 26-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-12-2020 Date: 17-12-2020 Business: None for Plaintiff. Adv. Mrs. Hajare h/f. Adv. Mrs. Smita Chavan for Defendant/MCGM present and requests for time to file reply to Contempt NM No. 483/18. Time is granted till next date. None for Contmeptnors. Matter adjd to 02/02/2021 for filing reply to contempt NM No. 483/18 by defendant. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 02-02-2021 Date: 02-02-2021 Business: Adv. Holamagi for plaintiff present. Plaintiff is also present Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to Contempt NM No.483/18. Time is granted till next date. None for contemptnor. Matter adjd to 25/03/2021 for filing reply to contempt NM No. 483/18 by defendant. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 25-03-2021 Date: 25-03-2021 Business: None for plaintiff. Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to Contempt NM No.483/18. Time is granted till next date. Matter adjd to 17/06/2021 for filing reply to contempt NM by deft/MCGM. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 17-06-2021 Date: 17-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 03-08-2021 Date: 03-08-2021 Business: Adv Holamagi for plaintiff present. Adv Rawade for defendant / MCGM present. Contemptnor absent. Adjd. To 26/08/2021 for filing reply to contempt NM by defendant / MCGM. Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 26-08-2021 Date: 26-08-2021 Business: As Court is on leave today Next Purpose: NM REST0STORATION OF SUIT Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: None for plaintiff. Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date. Adjd. To 16/12/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: Adv Holmagi for plaintiff present. Adv Mrs Rawade for defendant / MCGM present. Adv Subhash Dhadge for contemptnor no.3 to 7 present. Adv for plaintiff is directed to tender original registered Contempt NM NO.483/2018 alongwith affidavit in support on next date. Defendant / MCGM is directed to file reply to Contempt NM NO.483/2018 and NM NO.2614/2016 filed by the plaintiff on next date . Adjd. To 08/02/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-02-2022 Date: 08-02-2022 Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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. Matter is adjd to 08/03/2022 for N/M Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 08-03-2022 Date: 08-03-2022 Business: Adv Holamagi for plaintiff present. Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present. Adv Subhsh Dhadge for contemptnor nos.3 to 6 present. Today matter is fixed for reply to NM NO.483/2018 and NM NO.2614/2016 by defendant /MCGM. Adv for defendant / MCGM seeks time to file reply. Time is granted till next date as last chance. On oral requests of advocate for defendant / MCGM, matter is adjourned till next date. Adjd. To 19/04/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-04-2022 Date: 19-04-2022 Business: Adv Holamagi for plaintiff present. Adv Mrs Rawade for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date. On next date, defendant fail to file reply, NM will be proceeded without reply. Adv Dhadge for contemptnor nos.3 to 6 present. Adjd. To 16/06/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-06-2022 Date: 16-06-2022 Business: H.H.J. is on leave today. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-07-2022 Date: 26-07-2022 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-09-2022 Date: 15-09-2022 Business: Plaintiff present. His advocate absent. Adv. Mrs. Rawade for defendant/ BMC is present and requested for time to file reply to NM No. 483/2018 as last chance. Adv. Dhadge for Contemptnor No. 3 to 6 present. Adjd. to 01/11/2022 for filing reply to NM No. 483/2018 by D/BMC and hearing on contempt NM NO. 2614/16. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-11-2022 Date: 01-11-2022 Business: Adv. Kunal Chauhan h/f Adv. Holamagi for plaintiff present. Plaintiff is also present. Adv. Mrs. Rawade for defendant/ BMC is present. Adv. Ghadge for respondent Nos.3 to 6 present. Plaintiff is requested time to argue on N/M. The N/M are pending since 2011. It appears that inspite of directions plaintiff did not tendered original contempt N/M No.483/2018. Hence, plaintiff is directed to tender original contempt N/M No.483/2018 till next date. If plaintiff failed to tender original contempt N/M No.483/2018, it will be dismissed for default. Adjd. to 22/11/2022 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 22-11-2022 Date: 22-11-2022 Business: Adv. Holamagi for plaintiff present. Adv. Mrs. Rawade for defendant/ BMC is present. None for contempnor Nos.3 to 6. Adjd. to 07/02/2023 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 07-02-2023 Date: 22-11-2022 Business: Adv. Holamagi for plaintiff present. Adv. Mrs. Rawade for defendant/ BMC is present. None for contempnor Nos.3 to 6. Adjd. to 07/02/2023 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 07-02-2023 Date: 07-02-2023 Business: Plaintiff present, his advocate absent. Adv. Mrs. Rawade for defendant/ BMC is present. Adv. Dhadge for contempnor Nos.3 to 6 present. The plaintiff is directed to tender N/M No.483/2018 and on 01/11/2022 conditional order was passed but till today plaintiff has not tendered original N/M. However, Adv. Holamagi for plaintiff is on leave and plaintiff submitted that original N/M is with Adv. Holamagi. Hence, matter is adjourned till next date with direction to the plaintiff to tender original N/M otherwise N/M will be dismissed for want of compliance. Adjd. to 16/03/2023 for N/M hrg./ dismissal. Next Purpose: NM FOR HEARING Next Hearing Date: 16-03-2023 Date: 16-03-2023 Business: Adv. Holamagi for plaintiff present. Plaintiff is also present. Adv. Mhatre for defendant/ BMC is present. Adv. Ghadge for Contemptnors no. 3 to 6 present. Advocate for plaintiff submitted that the original NM is misplaced and Plaintiff will necessary steps and requested for time to take the steps. Advocate for Respondent no. 3 to 6 opposed for adjournment stating that on numbers of time directions are given to Contemptnor to given tender the original NM and however he did not take the steps. However, in the interest of justice to the Contemptnor for tendering the original NM with direction that if plaintiff failed to tender original NM on next date, NM will be dismissed for want of compliance. Adjd. to 20/06/2023 for compliance Next Purpose: COMPLIANCE Next Hearing Date: 20-06-2023 Date: 20-06-2023 Business: Advocate Suparna Holamagi h/f Holamagi for plaintiff present and submitted that she will tendered NM on next date. Advocate Mhatre for defendant/BMC present. Advocate Dhadge for contemptner to 3 to 6 present opposed adjournment stating that since last six months plaintiff is making submission that he will tender NM No. 483/2018 and inspite of direction plaintiff has not tendered NM. On perusal of the roznama dated 07.02.2023 it appears that plaintiff was directed to tender NM with direction that if plaintiff not tender NM till next date it will be dismissed and matter was adjourned to 16.03.2023. On that day also Advocate for plaintiff sought time to tender NM and matter was adjourned till today with direction that if plaintiff failed to tender NM, it will be dismissed for want of compliance. However today also plaintiff is seeking time to tender NM. Thus, it appears that inspite of direction the plaintiff has not tender NM No. 483/2018. This shows that plaintiff has not complied direction given by this Court and he is not interested to proceed with NM. Hence I passed following order. ORDER Notice of Motion No. 483/ 2018 is dismissed for want of compliance of order dated 07.02.2023 and 16.03.2023. Adjourned 20.07.2023 for Hearing on Contempt NM No. 2614/2016 Nature Of Disposal: DISMISSED Disposal Date: 20-06-2023
Additional Case Details
Additional Case Details
Filing Number: 102089/2018 Filing Date: 06-02-2018 First Hearing Date: 21st March 2018 Decision Date: 20th June 2023 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Orders
2Final Order 1Full order available
20 Jun 2023
Order 1Full order available
20 Jun 2023
Order Details: Other Pdf Text: 99 Dt:20.06.2023 St. No. 507/11 CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) Advocate Suparna Holamagi h/f Holamagi for plaintiff present and submitted that she will tendered NM on next date. Advocate Mhatre for defendant/BMC present. Advocate Dhadge for contemptner to 3 to 6 present opposed adjournment stating that since last six months plaintiff is making submission that he will tender NM No. 483/2018 and inspite of direction plaintiff has not tendered…
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