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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

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Bombay 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

2
Final 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…

Read Full Order
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…

Read Full Order

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