Order Details: Other Pdf Text: 19.10.2023 Sr. No. 46 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1474/16 NM 586/18 Son of the plaintiff is present in person. Adv. Mr. S.B. Sharma for the plaintiff is present. Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/ MCGM is present. Rest of the defendants are absent. LO at 5.00 p.m. The appearance is as above. The following Order is passed after hearing the parties on NM No. 586/2018. -: O…
NOTICE OF MOTION
Bhagwan Baliram VaityVsMCGM And Ors.
CNR MHCC01002233201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 19th October 2023
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100586/2018
- Registration Date
- 13 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: 26-02-2018 Business: As court is busy in mediation matters and dictating judgment in SU no. 3742/11. Hence board is discharged. Matter adjd to 19.03.2018. Next Purpose: NOTICE OF MOTION Next Hearing Date: 19-03-2018 Date: 19-03-2018 Business: Adv Jain for Plaintiff present. Adv Khandagale for BMC present. Court is busy in Ad-interim order. Matter adjd to 04-04-2018 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 14-04-2018 Date: 14-04-2018 Business: As court is busy in mediation matters and other matters on board and preciepe. Hence, board is discharged. Matter adjd to 4.05.2018. Next Purpose: NM FOR HEARING Next Hearing Date: 04-05-2018 Date: 04-05-2018 Business: Plff. present. Adv. absent. Adv. Ms. Tondwalkar for BMC/Deft.present. Matter adjd to 20-08-2018 for compliance by the Plaintiff in respect of pending motion or for passing order against the Plaintiff. Next Purpose: COMPLIANCE Next Hearing Date: 20-08-2018 Date: 20-08-2018 Business: Matter adj.for NM Reply to 26.9.18. Next Purpose: REPLY Next Hearing Date: 26-09-2018 Date: 26-09-2018 Business: Court is busy in dictating judgment in suit no.7491/03, hearing and dictating order on draft Notice of Motion in suit no.2526/18 and Notice of Motion no.3598/18 in suit no.586/13, board is discharged and case is adjourned to 19/11/2018. Next Purpose: REPLY Next Hearing Date: 19-11-2018 Date: 19-11-2018 Business: Court is busy in hearing Notice of Motion in stamp no.14765/18, suit no.1014/09, 1016/09, hearing and dictating order on Notice of Motion 1575/15 which is High Court expedited in suit no.948/15 and other urgent matters, hence afternoon session board is discharged and case is adjourned Next Purpose: REPLY Next Hearing Date: 21-01-2019 Date: 21-01-2019 Reason For Adjournment: court time is over Next Purpose: REPLY Next Hearing Date: 11-03-2019 Date: 11-03-2019 Business: Court is busy in hearing Notice of Motion in suit no.1328/15 and court has to hear urgent matters, hence case is adjourned to 15/04/2019. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-04-2019 Date: 15-04-2019 Business: Advocate Mr. S.B.Sharma for plaintiff present filed affidavit of service T.O.R. marked as Exh. 6. Exh. 6- Affidavit of service. Advocate Ms. Tondwalkar for defendant/BMC present. Adv. for BMC sought time to file reply. The case is adjourned to 22.07.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-07-2019 Date: 22-07-2019 Business: Court is on leave. Hence today board is discharged. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-09-2019 Date: 09-09-2019 Business: As Court is busy in dictating Judgment in suit no. 4994/12 and NM order in suit no. 745/16 and in hearing NM in suit no. 4592/12 and 4593/12 and also in other matters on board. The case is adjourned. The case is adjourned to 30.09.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-09-2019 Date: 30-09-2019 Business: As Court is busy in hearing Chamber Summons in suit no. 3003/15, in hearing NM in SU no. 1704/18 and in hearing NM in suit no. 2057/19 and in dictating order in SU no. 2057/19 also in other matters on board. The case is adjourned. The case is adjourned to 18.11.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-11-2019 Date: 18-11-2019 Business: Court is on leave. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-01-2020 Date: 15-01-2020 Business: Adv. Mr. S.B. Sharma for plaintiff present. Adv. Mrs. Chavhan for deft./MCGM present, prayed for adjd to file reply. Mr. Vishal Vaity son of plff present. Matter is adjd. for NM reply on 01.04.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-04-2020 Date: 01-04-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-04-2020 Date: 16-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-05-2020 Date: 05-05-2020 Business: National Lockdown Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-05-2020 Date: 27-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-06-2020 Date: 12-06-2020 Business: Adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-07-2020 Date: 30-07-2020 Business: adjd.to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-10-2020 Date: 05-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 02-12-2020 Date: 02-12-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-02-2021 Date: 24-02-2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-04-2021 Date: 17-04-2021 Business: As per Office order No. 73 of 2021 Dtd. 06Th April 2021 all Courts shall remain closed on every Saturday due to Covid-19 upto 30.04.2021 as per SOP, matter adjourned to 19.04.2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-04-2021 Date: 19-04-2021 Business: Due to surge in Covid-19 matter is adjourned to next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-07-2021 Date: 16-07-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-09-2021 Date: 20-09-2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-10-2021 Date: 30-10-2021 Business: Court is vacant. Matter is adj. to next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-12-2021 Date: 15-12-2021 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 reply to 16/02/2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-02-2022 Date: 16-02-2022 Business: Mrs. Pushpa Vishal Vaity is present for plaintiff. Advocate for plaintiff is absent. Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance. Earlier order, if any, to continue till the next date. Adjourned for NM reply and WS to 01.04.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-04-2022 Date: 01-04-2022 Business: None present for plaintiff. Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (No reply and WS) to 21.07.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 21-07-2022 Date: 21-07-2022 Next Purpose: NM FOR HEARING Next Hearing Date: 30-08-2022 Date: 30-08-2022 Business: Adv. Mr. S.B. Sharma for the plaintiff is present. Adv. Ms. J.V. Mhatre for defendant/MCGM is present. KB LO at 03:19 pm. Plaintiff is present in person. Advocate for the defendant orally requested for time to file NM reply. The matter is posted for NM hearing, hence, discarded. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (No reply) to 13.10.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 13-10-2022 Date: 13-10-2022 Business: Mr. Vishal, son of plaintiff is present and he informed that his advocate is not keeping well. Adv. Khandagale h/f Adv. Ms. J.V. Mhatre for defendant/MCGM is present. Earlier order, if any, to continue till the next date. Adjourned for NM hearing to 01.12.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 01-12-2022 Date: 01-12-2022 Business: None present for the plaintiff. Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed list of documents. TOR. It is marked at Exh.06. O-Filed. She is called upon to supply copies to the other side. Rest of the defendants are absent. Earlier order, if any, to continue till the next date. Adjourned for NM hearing to 17.01.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 17-01-2023 Date: 17-01-2023 Business: Adv. Mr. S.P. Sharma for the plaintiff is present. He is supplied with the copy of documents filed by defendant No.1 as per list exhibit 6. He requested for time to argue on NM. Time is granted. Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present. None present for defendant Nos. 2 and 3. Earlier order, if any, to continue till the next date. Adjourned for NM hearing to 14.03.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 14-03-2023 Date: 14-03-2023 Business: Son plaintiff is present in person. His advocate is absent. Adv. Mrs. S.S. Chavan for defendant No. 1/MCGM is present. None present for defendant Nos. 2 and 3. The parties are called upon to file written submissions on NM. Earlier order, if any, to continue till the next date. LO at 03:30 pm. Adv. Mr. S.B. Sharma for the plaintiff is present. He is informed that the matter was called and accordingly adjourned. Adjourned for written submissions on NM to 20.04.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 20-04-2023 Date: 20-04-2023 Business: Son of plaintiff is present. Adv. Mrs. S.G.Chavan for the defendant/MCGM is present. The Court is busy in some urgent matters. Adjourned for written submissions in motions to 27.06.2023. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 27-06-2023 Date: 27-06-2023 Business: Adv. Mr. S.B. Sharma Mr. for the plaintiff is present and filed written submission on NM No. 586/18. Copy is supplied to the other side. Adv. Ms. S.S. Chavan for defendant No.1/MCGM is present and requested for time to file written submissions. Time is granted. None present for Defendant No.2 and 3. Earlier order, if any, to continue till next date. Adjourned for written submissions on NM (No WS) to 03.08.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 03-08-2023 Date: 03-08-2023 Business: The plaintiff is present in person. Adv. Mr. S.B. Sharma for the plaintiff is present. Adv. Mr. G.O. Giri h/f Adv. Ms. S.S. Chavan for defendant No.1/ MCGM is present. He is heard on NM No.586/18. None present for defendant Nos.2 and 3 to argue on NM. Earlier order, if any, to continue till next date. Adjourned for NM hearing by defendant Nos. 2 and 3 to 21.09.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 21-09-2023 Date: 21-09-2023 Business: Adv. Mr. Sharma for the plaintiff is present. Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No. 1 /MCGM is present. Rest of the defendants are absent to argu on NM. Hence, it is posted for orders.Earlier order, if any, to continue till next date. Adjourned for NM order to 19.10.2023. Next Purpose: NM ORDERS Next Hearing Date: 19-10-2023 Date: 19-10-2023 Business: Son of the plaintiff is present in person. Adv. Mr. S.B. Sharma for the plaintiff is present. Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/ MCGM is present. Rest of the defendants are absent. LO at 5.00 p.m. The appearance is as above. The following Order is passed after hearing the parties on NM No. 586/2018. -: O R D E R :- 01. By filing this NM, the plaintiff prayed for directing defendant No.1 to initiate action against the illegal constructions in respect of the suit premises. The record reveals that these defendants did not contest this NM and it is proceeded without their reply. Be that as it may, the record, more particularly list of documents Exh.6, filed by defendant No.1, goes to show that on 23.03.2017, he inspected the suit premises and found the on-going illegal constriction. Hence, he also issued the notice dtd.23.03.2017, vide Section 351 of the MMC Act, against this plaintiff and defendant No.2. Moreover, it appears that as they did not reply the said notice, the Speaking Order came to be passed on 10.10.2022 and they were directed to remove the said constriction i.e. existing G+1 floor structure. In this way, it is clear that defendant No.1 already initialed required action against the said structure. However, though the plaintiff tried to justify his stand in written submission on this NM, the plaint averments are silent as regard the said action taken by defendant No.1. Thus, it is clarified that he didn’t disclose all the facts and hasn’t come before this Court with clean hands. In this circumstances, he is not entitled for any equitable relief like injunction. He couldn’t present a prima facie case in his favour nor balance of convenience tilts his side. In the result, this NM is to be dismissed as per the following Order : 01. Notice of Motion No. 586/2018 stands dismissed. 02. Notice of Motion No. 586/2018 is, accordingly, disposed of. Adjourned for RE (No WS) to 02.12.2023. Nature Of Disposal: DISMISSED Disposal Date: 19-10-2023
Additional Case Details
Additional Case Details
Filing Number: 102352/2018 Filing Date: 13-02-2018 First Hearing Date: 26th February 2018 Decision Date: 19th October 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
19 Oct 2023
Order 1Full order available
19 Oct 2023
Order Details: Other Pdf Text: 19.10.2023 Sr. No. 46 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1474/16 NM 586/18 Son of the plaintiff is present in person. Adv. Mr. S.B. Sharma for the plaintiff is present. Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/ MCGM is present. Rest of the defendants are absent. LO at 5.00 p.m. The appearance is as above. The following Order is passed after hearing the parties on NM No. 586/2018. -: O…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
