Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-002037-2018. Notice of Motion No.528/2018 in L.C. Suit No. 4248/2012. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 528 OF 2018. IN L.C. SUIT NO. 4248 OF 2012. Kennedy Anthony D’Mello. ..………....…... ….. PLAINTIFF. V/s. Ladu Kishore Gauda and the Others. ........ ….. DEFENDANTS. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 15th November, 2022. APPEARANCES : Mr. Nilesh Pandey, Ld. Advocate for the…
NOTICE OF MOTION
Kennedy Anthony DMelloVsLadu Kishore Gauda and Ors.
CNR MHCC01002037201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 15th November 2022
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100528/2018
- Registration Date
- 08 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 09-02-2018
Business: Advocate Mr. Nilesh Pandey for the Plaintiff present.
Original N/M no. 528/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Two affidavit of service filed by the Plaintiff. t.o.r. O-filed.
Defendant nos. 1 to 5 and their advocate refused to accept the service of N/M. Perused N/M and affidavit in support. Prima facie it appears that construction of the work is in progress. Hence, for want of appearance of Defendant nos. 1 to 5 and their advocate before the court today, Defendant nos. 1 to 5 are directed not to make any further construction till next date.
Matter adjd to 13.02.2018 for N/M hearing.
Authenticated copy of roznama be supplied to the Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2018
Date: 13-02-2018
Business: Advocate Mr. Tiwari h/f Nilesh Pandey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft no. 6 present.
Advocate Ms. Mooman for defendant nos. 1 to 5 present.
Earlier order to continue till next date.
Matter adjd to 23.03.2018 for reply to N/M/hearing on the documents of the Plaintiff/ for cross-examination of PW-1 by the defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2018
Date: 23-03-2018
Business: Advocate Mr. Bipin Tiwari for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft no. 6 present.
Advocate Mr. Provin for defendant no. 1 to 5 present.
Reply to N/M tendered by defendant nos. 1 to 5. t.o.r.
Defendant no. 6 has failed to file reply. Hence, no reply order is hereby passed against defendant no. 6.
Earlier order to continue till next date.
Matter adjd to 23.04.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: As the court is busy in preceipe matters and urgent matters. Hence, board is discharged.
Matter adjd to 27.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Adv Tiwari h/f adv Nilesh Pandey for plaintiff present.
Adv Praveen h/f adv O P Singh for def no.1 to 5 present.
Adv Hajare for def no.6/BMC present.
Earlier order to continue till next date.
Adjourned to 01.08.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2018
Date: 01-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2018
Date: 30-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Reason For Adjournment: court time is over
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: 04-12-2018
Date: 04-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Advocate Mr. Pandey for Plaintiff present.
Advocate Mr. O. P. Singh for Defendant no.2 present
Advocate Ms. Tondwalkar for BMC/Deft present.
Case is adjourned along with suit no.2407/12 to 07/03/2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Advocate Mr. Shukla for Plaintiff present.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in R/E in 15 year old matter i.e. suit no.1519/02, hence case is adjourned to 28/03/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Advocate Bipin Tiwari for plaintiff present.
Advocate O.P.Singh for defendants no. 1 to 5 present.
Advocate Ms.Mhatre for defendant no. 6/MCGM present.
Adv. Bipin Tiwari submitted that today he is not ready to argue the NM today. He requested for some time. Time is granted subject to costs of Rs. 500/- to be paid to defendants no. 1 to 5.
Earlier order to continue till next date.
The case is adjourned to 16.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Advocate Nilesh Pandey for plaintiff present and submitted that certain subsequent events are to be brought on record by way of an amendment. He sought time. Time is granted.
Advocate O.P.Singh for defendants no. 1 to 5 present.
Advocate Ms.Mhatre for defendant no. 6/MCGM present.
Costs of Rs. 500/- paid to adv. O.P.Singh for defendants no. 1 to 5.
Earlier order to continue till next date.
The case is adjourned to 09.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Tiwari for plaintiff present.
Advocate O.P.Singh for defendants no. 1 to 5 present. Advocate Mr. Giri for defendant no. 6/MCGM present
Earlier order to continue till next date.
The case is adjourned to 23.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: As Court is busy in hearing ad-interim matters and also dictating orders in suit no. 2325/19, 2326/19 and in hearing NM in suit no. 2057/19, the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 30.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Advocate Bhosle h/f adv. Nilesh Pandey for plaintiff present and sought time. Time is granted.
Advocate Giri for defendant/MCGM present.
The case is adjourned to 15.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Mr. Nilesh Pande for plaintiff present.
Adv. MR. Giri for deft/MCGM present.
Adv. Mr. O.P.C. for deft nos.3 to 5 present.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 19.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Nilesh Pande for plaintiff present.
Adv. Mhatre for deft./MCGM ,
Adv. Opi Sigh for defendant 1 to 5 present.
Matter could not reach.
Earlier order to continue till next date.
Matter is adjd. 03.01.2020 at 12.30 noon for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Bhosale for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 18.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Adv. Mr. Bhosale h/f adv. Nilesh Pandey for Plff., prayed for adjd as his senior is held up in court at Thane.
Adv. Mrs. Mhatre for deft.no.6/MCGM present.
Adv. Mr. O.P. Singh for deft nos.1 to 5 present.
Earlier order, if any, to continue till next date.
Matter is adjd.for NM hearing on 27.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Mr. Bhosale for plaintiff, prayed for adjd.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. O.P. Singh for deft nos. 1 to 5 present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 23.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: None present.
Repeatedly called out. Hence, adjd.
Matter is adjd. for NM hearing on 14.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: None for Plff.
Adv. Ms. Mhatre for Deft./MCGM.
Plff to note suit is 8 years old. Plff to positively argue on next date.
Matter is adjd. for n/m hrg. on 07.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Due to Covid
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: None for plff.
Adv. Mrs. Tondwalkar for deft./MCGM.
Plff to note suit is 8 yrs old.
Matter is adjd. to 04.12.2020 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. Mr. Priyansh Shukla for plaintiff present, prayed for adjmnt.
Adv. Tondwalkar h/f Mrs. Mhatre for deft./MCGM present.
Plff to note suit is 8 years old.
Matter is adjd. to 22.01.2021 for n/m hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: CORAM H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. No.11)
Adv. Bipin Tiwari for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for N/m hearing to 04.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv. Bipin Tiwari for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 08.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Priyank Shukla for plaintiff present.
Adv. Mr. Khandagle for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 10.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Bhosale for plaintiff present.
Adv. Pathak h/f Singh for deft. no. 1 to 5.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing 21.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 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 the next date.
Adjourned for NM hearing to 23.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 27.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Shejal Nag for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for NM hearing to 22.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv. Mr. Bhosale for plaintiff is present.
Adv. Mr. O.P. Singh for defendant Nos. 1 to 5 is present and submitted that there is death in relation of defendant No. 2 and prayed for some time to take steps. Granted.
Adv. Mr. Khandagale for defendant No.6/MCGM is present.
Earlier order, if any, to continue till the next date.
By consent, the matter is adjourned for steps to 08.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None present for plaintiff for steps as regards the deceased defendant and to proceed with NM.
Adv. Mr. O.P. Singh for defendant Nos. 1 to 5 is present.
Adv. Mr. Khandagale for defendant No. 6/MCGM is present.
Adjourned for NM dismissal/dismissal of suit as regards deceased defendant to 28.09.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Nilesh Pandey for the plaintiff is present.
Adv. O.P. Singh for defendant Nos. 1 to 5 is present. He submitted that he would inform the plaintiff as regards legal heirs of the deceased till the next date.
Adv. Khandagale for defendant/MCGM is present.
Heard both the sides on NM No. 528/2018.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order/steps to 07.10.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Priyank Shukla for the plaintiff is present. He informed to have received details of L. Rs., of the deceased defendant. He orally requested for time to take steps. Granted as a last chance.
Adv. O.P. Singh for defendant Nos. 1 to 5 is present.
Adv. Khandagale for defendant No. 6/MCGM is present.
The Court is busy in passing Order in NM No. 58/2018 and hearing on ad-interim SU Nos. 2262/2022 and 2264/2022.
Earlier order, if any, to continue till the next date.
Adjourned for steps/NM Order to 21.10.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. Bhosale for the plaintiff is present and orally requested for keeping back the matter.
Adv. Khandagale for defendant/MCGM is present.
Adv. Sanjay Yadav h/f Adv. O.P. Singh for defendant Nos. 1 to 5 is present.
KB LO at 03:28 pm.
Advocate for the plaintiff orally requested for keeping back the matter. Considering the board, his request is discarded.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order /steps to 15.11.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Mr. Nilesh Pandey for the plaintiff is present.
Adv. Mr. Sanjay yadav for defendant No. 1 to 5 is present.
Adv. Ms. J.V. Mhatre for defendant No.6/MCGM is present.
F.R.S.R. following order is passed on NM No. 528/2018:
ORDER
(i). Notice of motion No. 528/2018 is partly allowed.
(ii). The defendant, its agents, its servants and anybody else claiming through him are hereby restrained from proceeding against the notice structure, in pursuance
of the suit notice dtd. 07.07.2012, except by following the
due process of law.
(iii). The parties to expedite the suit.
(iv). Notice of Motion No. 528/2018, accordingly, stands disposed
off.
Nature Of Disposal: OTHERWISE
Disposal Date: 15-11-2022Additional Case Details
Additional Case Details
Filing Number: 102190/2018 Filing Date: 08-02-2018 First Hearing Date: 09th February 2018 Decision Date: 15th November 2022 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
15 Nov 2022
Order 1Full order available
15 Nov 2022
Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-002037-2018. Notice of Motion No.528/2018 in L.C. Suit No. 4248/2012. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 528 OF 2018. IN L.C. SUIT NO. 4248 OF 2012. Kennedy Anthony D’Mello. ..………....…... ….. PLAINTIFF. V/s. Ladu Kishore Gauda and the Others. ........ ….. DEFENDANTS. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 15th November, 2022. APPEARANCES : Mr. Nilesh Pandey, Ld. Advocate for the…
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