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SUIT - SHORT CAUSE CIVIL SUIT

Vibhavari Pratap BaneVsMCGM +1 more

CNR MHCC0100236820208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th October 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100962/2020
Registration Date
02 Mar 2020

Advocates

3

For Respondent

    Not available

    Parties

    3

    Respondent

    1. 1MCGM
    2. 2MHADA

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-03-2020
    Business: Adv. Sandeep Bane for the Plaintiff present.
    Adv. Ms. Chandramore for BMC/Defendant no. 1 present
    Adv. Mr. Kandekar for Defendant No. 2/MHADA present.
    Plaint.
    Vakalatnama/P in plaint.
    Memo of address in plaint.
    Written Statement of Defendant no. 2. t.o.r. O-filed.
    Application filed by the Plaintiff to waive notice u/S 173 of MHADA Act and U/s 527 of the MMC Act. t.o.r. O-Notice waived.
    The Ld adv for both the parties agreed to argue the N/M finally.
    Earlier ad interim order be continued till next date.
    Matter is adjd. to 26.03.2020 for N/M hearing at 11.00a.m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: national lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Advocate Mr. Rawat h/f Sandeep Bane for the plff present.
    Advocate Ms. Chandramore for defendant-1/BMC present.
    Advocate Mr. Pathak h/f Kandekar for defendant-2/MHADA present.
    On oral request of plff\''s advocate matter is adjd. to 23.03.2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Mr. Sandeep Bane for plaintiff.
    Adv. Chandramore for defendant No.1.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2.
    On oral request, time is extended for service of summons.
    Matter is adjd. to 23/06/2021 for NM hearing and service of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv Sandeep Bane present for the plaintiff.
    As Court is busy in hearing argument in SU 2173/21 of NM 2809/21. Hence, board is discharged.
    Matter is adjd. to 03.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff
    Adv. Ms. Hajare for defendant No. 1/MCGM is present.
    Adv. Mr. Pathak h/f Adv. Kandekar for defendant No.2/MHADA is present.
    As plaintiff and his advocate are absent.
    Matter adjourned for NM hearing/Order to 25.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: None present  for plaintiff.
    Adv. Chandramore present for defendant no. 01/MCGM and sought adjournment.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    As plaintiff and his adv. are absent, Matter adjourned for nm hrg. /nm dismissal order To 24/06/22.
    l.o. at 04.00 pm.
    Adv. Sagar sonavane present for plff.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Sandip Bane for plaintiff and sought adjournment.
    Adv. Chandramore  present for defendant/BMC.
    Adv. Phatak h/f Adv. Kandekar present for MHADA and submitted that written statement of defendant no.2 be treated as reply of NM.
    Matter adjourned for NM hearing to 01/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. Madhu hf adv. Sandeep Bane present for plaintiff and sought adjournment.
    Adv. Chandramore present for defendant/MCGM.
    None present for other defendants.
    Matter adjourned for nm hearing to 29/08/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Sandeep bane present plaintiff.
    Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Matter adjourned for nm hearing to 12/10/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: As P. O. is on leave, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Adv. Sandeep Bane present for plaintiff
    Adv. Chandramore present for defendant 01/MCGM
    Adv. Pathak hf adv. Kandekar present for defendant 02/MHADA.
    Matter adjourned for tendering original nm and reply to nm and ws to 05/12/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv Sandeep Bane present for plaintiff.
    Adv Chandramore present for defendant no.01/MCGM and sought time to file reply.
    Adv Pathak h/f Adv Kandekar present for defendant no. 02.
    Matter adjourned for NM hearing to 19.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Adv. Madusmitia shau present for plaintiff.
    Adv. Harshita Darji h/f Adv. Kandekar  present for defendant no. 2 and sought adjournment .
    None present for MCGM.
    Matter adjourned for  NM hearing to  27.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Pooja Pawar present for plaintiff hf adv. Sandeep bane.
    Adv. Chandramore present for defendant no. 01/MCGM.
    Adv. Harshita Darji hf adv. kandekar present for defendant no. 02/MHADA.
    Kb
    l.o. at 04.24 pm.
    Adv. Sandeep bane present for plaintiff.
    Adv. Kandekar present for defendant/MHADA.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on Notice of Motion no. 923/2020.
    Adv. For plaintiffs sought adjournment for rejoinder argument.
    Matter adjourned for rejoinder arguments to 02-02-23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Sandeep Bane present for plaintiff.
    Adv. Chandramore present for defendant/MCGM.
    Adv. Kandekar present for defendant no. 02/MHADA.
    Heard rejoinder and sir rejoinder arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02 on Notice of Motion no. 923/2020.
    Adv. For MHADA requested to adjourned the matter for submission of citations if any.
    Matter adjourned for submission of citation if any to 10/02/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: As presiding officer is on leave, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: Adv. Sandeep bane present for plaintiff.
    Adv. Kandekar present for defendant/MHADA and tendered citations.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant/MHADA on the citation.
    None present for other defendants.
    Matter adjourned for submission of advocate for MCGM if any as a last chance to 21/02/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv. Sandeep bane present for plaintiff.
    Adv. Chandramore present for defendant/MCGM and sought adjournment.
    Adv. Harshita darji hf adv. Kandekar present for defendant/MHADA.
    Matter adjourned for submission of advocate for MCGM to 22/02/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Sandeep bane present for plaintiff
    Adv. For plaintiff tendered application for restraining defendants from taking any coercive steps. t.o.r marked as Exh. 06.
    copy served to the advocate for the defendant/MCGM.
    Adv. Chandramore present for defendant/MCGM.
    Adv. Kandekar present for defendant/MHADA.
    Mr. Santosh Bhoite, Road. Eng.  \''S\'' Ward present for the MCGM and made statement before court that, till decision of nm no. 923/2020 or further order of the court whichever is earlier, no coercive action will be taken in respect of suit premises.
    Heard further arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on nm.
    Matter adjourned for order on nm no. 923/2020 to 14-03-23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2023
    
    Date: 22-02-2023
    Business: Adv. Sandeep bane present for plaintiff
    Adv. For plaintiff tendered application for restraining defendants from taking any coercive steps. t.o.r marked as Exh. 06.
    copy served to the advocate for the defendant/MCGM.
    Adv. Chandramore present for defendant/MCGM.
    Adv. Kandekar present for defendant/MHADA.
    Mr. Santosh Bhoite, Road. Eng.  \''S\'' Ward present for the MCGM and made statement before court that, till decision of nm no. 923/2020 or further order of the court whichever is earlier, no coercive action will be taken in respect of suit premises.
    Heard further arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on nm.
    Matter adjourned for order on nm no. 923/2020 to 14-03-23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Sandeep Bane present for plaintiff.
    Adv. Chandramore present for defendant no. 01/MCGM.
    Adv. Janvi Kandekar present for defendant no. 02/MHADA.
    F.R.S.R. following order is passed on Notice Of Motion No. 923 of 2020.
                                            ORDER
    1) Notice of Motion No. 923 of 2020 is dismissed.
    2) Notice of Motion No. 923 of 2020 is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Adv. Bane for plaintiff tendered application for stay of execution
    of order in Notice of Motion no. 923/2020 and for extending ad-
    interim protection for 10 weeks t.o.r marked as Exh. 07.
    Adv. For defendant no. 01 filed her say on application Exh. 07 itself.
    Heard ld. Advocate for plaintiff and ld. Advocate for defendant no.
    01 on Exh. 07.
    Following order is passed on application Exh.  07.
    Order-  Perused the application, say of defendant no. 01 and record.
    From the record it appears that, today court has dismissed the
    Notice of Motion no. 923/2020 on merit. Plaintiff is intending to
    prefer appeal against the said order. From the record it appears that,
    Adv. For defendant no. 02 had undertaken not to take any coercive
    action till filling of reply and on the last date, the officer of the
    defendant no. 01 had also made statement that, till decision of the
    above Notice of Motion or further order of this court whichever is
    earlier, no coercive action will be taken in respect of the suit
    premises. Considering the above fact and nature of the suit, in order
    to give fair opportunity to the plaintiff to prefer appeal and obtain
    necessary order, it will be appropriate to extend the ad-interim relief
    which was granted earlier, in terms of undertaking/statement of
    officer of defendant no. 01 and Adv. For defendant no. 02 for
    further four weeks from the date of this order. Hence, following
    order.
    Order- Defendants are directed not to take coercive action in
    respect of the suit premises for the period of four weeks from the
    date of this order.
    Matter adjourned for WS/no WS order to 24/04/2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv. Sagar sonvne hf adv. Sandeep Bane present for plaintiff.
    Adv. Harshita darji hf adv. Kandekar present for defendant no. 02/MHADA and sought adjournment to file WS.
    Adv. Chandramore present for defendant/MCGM.
    Matter adjourned for WS/no ws order to 27/06/23.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Shubham Bane present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Pushpa Thapa I/b. Adv. Kandekar for defendant/MHADA.
    On oral request of plaintiff.
    Matter adjourned for filing affidavit of service/Written statement to 22.08.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0800997 of 2023 dated 14.06.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0801259/2023 dated 10.07.2023 vide City Civil Court Inward No.8465/2023 dated 13.07.2023.
    Order
    Coram N.J. Jamadar, J.
    Date 21st June, 2023
    P.C.
           1. Heard the learned Counsel for the parties.
           2. At the request of the learned Counsel for the Appellants, list on 5 July 2023.
           3. Ad-interim order granted earlier shall continue to operate     till the next date.
    Order
    Coram  N.J. Jamadar, J.
    Date  05 July, 2023
    P.C.
           1. Not on board. Upon mentioning taken on production board.
           2. Heard the learned counsel for the parties.
           3. Stand over to 12th July, 2023.
           4. Ad-interim order granted earlier shall continue to operate till the next date.
    Matter is already adjourned to 22.08.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0800801259 of 2023 dated 10.07.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civ. No.C0801359/2023 dated 18.07.2023 vide City Civil Court Inward No.8726/2023 dated 13.07.2023.
    Order
    Coram  N.J. Jamadar, J.
    Date  12th July, 2023
    P.C.
           1. Heard the learned counsel for the parties.
           2. The learned counsel for the respondent No.2 seeks to take instructions.
           3. At the request of learned counsel for the respondent No.2, stand over to 9th August, 2023.
           4. Ad-interim order granted earlier shall continue to operate till the next date.
    Matter is already adjourned to 22.08.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Shaikh h/f. Adv. Sandip Bane present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Kandekar for defendant/MHADA present.
    Matter adjourned for filing affidavit of service/Written statement to 06.11.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0800801359 of 2023 dated 18.07.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civ. No.C0801728/2023 dated 21.08.2023 vide City Civil Court Inward No.10211/2023 dated 22.08.2023.
    Order
    Coram  N.J. Jamadar, J.
    Date  09th August, 2023
    P.C.
           1. Heard the learned counsel for the parties.
           2. The learned counsel appearing for Respondnet No.2 seks further time to file Affidavits in reply in view of the subsequent developments, particularly the orders passed by this Court in the intervening period.
           3. Two weeks time is granted to Respondent No.2 to file Affidavits in reply andd serve copy on the Appellants.
           4.  Rejoinder, if an, be filed within one week of being served with the copy of the Affidavit in Reply.
           5.  Stand over to 6 September 2023.
           6. Ad-interim order granted earlier shall continue to operate till the next date.
    Matter is already adjourned to 06.11.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0800801728 of 2023 dated 21.08.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0802149/2023 dated 30.09.2023 vide City Civil Court Inward No.11884/2023 dated 05.10.2023.
    Order
    Coram Sandeep V. Marne, J.
    Date 06th September, 2023
    P.C.
           1. It appears that MHADA has not yet filed reply. If reply is filed, liberty to Petitioner to file rejoinder. List the matter on 20. October 2023.
           2.  Interim relief to continue till the next date.
    Matter is already adjourned to 06.11.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Sitaraman h/f. Adv. Sandip Bane present for plaintiff.
    Adv. Chandramore present for defendant No.1/BMC.
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant No.2/MHADA present.
    Defendant No.1/BMC failed to file its written statement. Suit shall proceed without written statement of defendant No.1/BMC.
    Matter adjourned for Framing Issues to 23.01.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0802149 of 2023 dated 21.08.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0802595/2023 dated 01.11.2023 vide City Civil Court Inward No.14089/2023 dated 23.11.2023.
    Order
    Coram Sandeep V. Marne, J.
    Date  20th October, 2023
    P.C.
            Due to pauticy of time, stand over to 20/12/2023. Interim order, if any, to continue till then.
    Matter is already adjourned to 23.01.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Adv. Shubham Bane h/f. Adv. Sandip Bane present for plaintiff. He requested for adjournment. Adjournment is granted as last chance.
    Adv. Chandramore present for defendant No.1/BMC.
    Adv. K.N. Kandekar for defendant No.2/MHADA present.
    Matter adjourned for Framing Issues to 05.04.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800785 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0802595 of 2023 dated 01.11.2023 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0800214/2024 dated 18.01.2024 vide City Civil Court Inward No.1510/2024 dated 25.01.2024.
    Order
    Coram Sandeep V. Marne, J.
    Date 20th December, 2023
    P.C.
            Due to paucity of time, stand over to 07.02.2024. Interim order, if any, to continue till then.
    Matter is already adjourned to 05.04.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Adv. Sandip Bane present for plaintiff.
    Adv. Samadhan Gund present for defendant No.1/BMC.
    Adv. K.N. Kandekar for defendant No.2/MHADA present.
    Matter adjourned for Framing Issues to 28.06.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800787 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0800214 of 2023 dated 18.01.2024 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0801023/2024 dated 27.03.2024 vide City Civil Court Inward No.6380 dated 16.04.2024.
    Order
    Coram  R. N. Laddha, J.
    Date  12th March, 2024.
    P.C.
            By consent stand over to 12 April 2024
           2. Ad interim relief granted earlier, if any, shall continue to operate till the next date.
    Matter is already adjourned to 28.06.2024.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: Adv. Amatya Nalawade h/f. Adv. Sandip Bane present for plaintiff.
    Adv. V. G. Shinde present for defendant No.1/BMC.
    Adv. K.N. Kandekar for defendant No.2/MHADA present.
    Exh.08- Issues are framed.
    Matter adjourned for Recording Evidence to 09.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Not on board taken on board.
    Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800787 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0801493 of 2024 dated 06.05.2024 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0801910/2024 dated 28.06.2024 vide City Civil Court Inward No.10229 dated 06.07.2024 along with copy of order in Appeal from Order No.268/2023 a/w. Interim application No.3518/2023 in Appal from Order No.268/2023 a/w.  Appeal from Order No.267/2023 a/w. Interim application No.3517/2023 in Appal from Order No.267/2023 a/w.  Appeal from Order No.266/2023 a/w. Interim application No.3516/2023 in Appal from Order No.266/2023 a/w.  Appeal from Order No.264/2023 a/w. Interim application No.3514/2023 in Appal from Order No.264/2023 a/w.  Appeal from Order No.261/2023 a/w. Interim application No.3511/2023 in Appal from Order No.261/2023 a/w. Appeal from Order No.316/2023 a/w. Interim application No.3981/2023 in Appal from Order No.316/2023.
    Order
    Coram  Prithviraj K. Chavan, J.
    Date  20th June, 2024.
    P.C.
       1. Not on board. Upon mentioning through praecipe, taken on board.
    2.Ad-interim relief granted earlier will continue to operate till the next date.
    3. Learned counsel appearing for the respondent No.1 M.C.G.M. seeks time to file reply.
    4. List on 4th July, 2024.
    Matter is already adjourned to 09.08.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800787 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0801910 of 2024 dated 28.06.2024 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0802251/2024 dated 29.07.2024 vide City Civil Court Inward No.11927 dated 06.08.2024.
    Order
    Coram  Prithviraj K. Chavan, J.
    Date 04th July, 2024.
    P.C.
       Due to paucity of time, stand over to 05/09/2024. Interim order, if any, to continue till then.
    None present for plaintiff.
    Adv. Apurva Dalal present for defendant No.1/BMC.
    Adv. Shweta Yadav h/f. Adv. K.N. Kandekar for defendant No.2/MHADA present.
    Matter adjourned for Recording Evidence to 24.10.2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: Adv. Sandeep Yadav h/f. Adv. Sandip Bane present for plaintiff.
    Adv. Apurva Dalal present for defendant No.1/BMC.
    Adv. Kandekar K.N. Kandekar for defendant No.2/MHADA present.
    Matter adjourned for Recording Evidence to 24.01.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: NOB TOB
    Writ received from Honble High Court vide A.O. Civ. No. C0801493/2024 dated 06.05.2024 vide City Civil Court I/W No. 21 dated 01.01.2025 along with copy of order in Appeal from order No. 261/2023 with Interim Application No. 3511 of 2023.
    Order
    Coram  R. N. Laddha, J.
    Dated  12th April 2024
    P.C.
          At the request of learned Counsel for the intervenor and learned Counsel for respondent no. 2, stand over to 20 June 2024. Ad-interim relief granted earlier, if any, shall continue to operate till the next date.
    Matter already adjourned to 24.01.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: Adv. Ateeba Hasan h/f. Adv. Sandip Bane present for plaintiff.
    Adv. Apurva Dalal present for defendant No.1/BMC.
    Adv. K.N. Kandekar for defendant No.2/MHADA present.
    Plaintiff to inform this Court about statu of writ petition filed by him before Honble High Court.
    Keep back.
    Later on at 02.48 p.m.
    Adv. Sandip Bane present for plaintiff.  He tendered copy of order dated 20.06.2024 passed by Honble Bombay High Court in A.O.No.316/2023. He submits that, the Honble High Court has continued interim relief till next date, however thereafter matter is not listed and thus, interim relife stills continuous.
    In view of the above, matter adjourned for Recording Evidence without written statement to 28.03.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: As per Office order NO.142 of 2025 dated 24.03.2025, The
    Presiding Officer relieved from duty w.e.f. 27th March, 2025 (A.N.)
    to attend Special program on NDPS Act, Prevention of Corruption
    Act and other subject on 28th and 29th March, 2025 at MJA, Uttan,
    Thane. Hence, matter adjourned for Recording Evidence without
    written statement to 30.06.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-06-2025
    
    Date: 30-06-2025
    Business: None present for plaintiff.
    Adv. Apurva Dalal present for defendant No.1/BMC.
    Adv. K.N. Kandekar for defendant/MHADA present.
    Last chance granted to plaintiff to lead oral evidence.
    Matter adjourned for Recording Evidence without written statement to 16.09.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2025
    
    Date: 29-08-2025
    Business: Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800787 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0802251 of 2024 dated 29.07.2024 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0802176/2025 dated 06.08.2025 vide City Civil Court Inward No.14151 dated 25.08.2025.
    Order
    Coram Gauri Godse, J.
    Date  21th July, 2025.
    P.C.
       1. Not on board. Taken on the production board.
       2. List these appeals on 11th August 2025.
       3. To be listed High on Board in the caption of fresh admission.
     4. Ad-interim relief if any, operating till date shall continue to oprate till the next date.
    Matter adjourned for Recording Evidence without written statement
    to 16.09.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C800787 of 2023 dated 27.04.2023 and subsequent writ A.O. Civl No. C0802176 of 2025 dated 06.08.2025 in Appeal from Order No.261 of 2023 with Interim Application No.3511 of 2023 vide A.O. Civl No.C0802376/2025 dated 22.08.2025 vide City Civil Court Inward No.14796 dated 08.09.2025.
    Order
    Coram  Gauri Godse, J.
    Date  11th August, 2025.
    P.C.
     7. At the request of the learned counsel for the Corporation, list these appeals on 25th August 2025.
    8. To be listed under the same caption, high on board.
    9. Ad-interim relief already granted shall continue to operate.
    Matter  is already adjourned for Recording Evidence without written statement to 16.09.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: None present for plaintiff.
    Adv. Apurva Dalal present for defendant No.1/BMC.
    Adv. Devyani Pawar h/f. Adv. K.N. Kandekar for defendant No.2/MHADA present.
    By order dated 12.04.2023 passed in Appeal from Order, the order passed by City Civil Court dated 14.03.2023 has been continued by the Honble High Court. By order dated 14.03.2023 City Civil Court protected the rights of plaintiff for period of four weeks from the date of order passed on 14.03.2023. Admittedly the hearing of suit is not deferred or stayed. Hence, plaintiff is directed to lead oral evidence on next date, on failure further order will be pass.
    Matter adjourned for Recording Evidence without written statement to 15.11.2025.
    Judge
    Later on at 12.25 p.m.
    Adv. Sandeep Bane for plaintiff present.
    Matter is already adjourned for Recording Evidence without written statement to 15.11.2025.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-10-2025
    
    Date: 28-10-2025
    Business: Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai.(C.R.08)
    By Praecipe
    Adv. Shefali Jadhav h/f Adv. Sandip Bane present for plaintiff and requested for taking matter on todays board by moving praecipe. O-allowed. Taken on record and marked as Exhibit-9.
    None present for defendant.
    Plaintiff present.
    Adv. for plaintiff and plaintiff have filed application for withdrawal of the suit. TOR marked as  Exh.10
    Common Order below Exh.1 and 10
    Heard Ld. Advocate for plaintiff on Exh.10.
    The plaintiff is allowed to withdraw the suit with liberty to file fresh suit. The court fees be refunded to plaintiff according to the law. Accordingly, the suit is disposed off as withdrawn.
            Judge
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 28-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102613/2020
    Filing Date: 25-02-2020
    First Hearing Date: 06th March 2020
    Decision Date: 28th October 2025
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    28 Oct 2025
    Order Details: Other
    Pdf Text: Sr. No.78
    28.10.2025
    Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai.
    (C.R.08)
    Suit No.
    962/2020
    Exh.9
    Exh.10
    By Praecipe
    Adv. Shefali Jadhav h/f Adv. Sandip Bane present for plaintiff and
    requested for taking matter on todays board by moving praecipe. O-
    allowed. Taken on record and marked as Exhibit-9.
    None present for defendant.
    Plaintiff present.
    Adv. for plaintiff and plaintiff have filed application for withdrawal
    of the suit. TOR marked as Exh.10
    Common Order below Exh.1 and 10
    Heard Ld. Advocate for plaintiff on Exh.10.
    The plaintiff is allowed to withdraw the suit with liberty to file fresh
    suit. The court fees be refunded to plaintiff according to the law.
    Accordingly, the suit is disposed off as withdrawn.
    Judge
    -- 1 of 1 --
    Interim Order 1
    28 Jun 2024
    Order Details: Other
    Pdf Text: Exh.____
    IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
    L.C. SUIT NO. 962 of 2020
    Smt. Vibhavari Pratap Bane ...Plaintiff.
    VS.
    MCGM & Another ... Defendant
    ISSUES
    1) Whether plaintiff proves that suit premises is authorized and
    protected structure?
    2) Whether plaintiff proves that notice issued by defendant No.1
    under section 314 of Municipal Council of Greater Mumbai is bad in
    law?
    3) Whether suit is maintainable in absence of mandatory notice
    under section 527 of MCGM Act and 173 of MHADA Act?
    4) Whether this court can direct defendants to allot alternate
    accommodation to plaintiff?
    5) Whether plaintiff is entitled to reliefs claimed?
    6) What order?
    Date: 28/06/2024 (V.G. Raghuwanshi)
    Judge, C.R. No.8
    City Civil Court
    Gr. Mumbai
    -- 1 of 1 --
    Order 1
    28 Jun 2024
    Order Details: Other
    Pdf Text: Exh.____
    IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
    L.C. SUIT NO. 962 of 2020
    Smt. Vibhavari Pratap Bane ...Plaintiff.
    VS.
    MCGM & Another ... Defendant
    ISSUES
    1) Whether plaintiff proves that suit premises is authorized and
    protected structure?
    2) Whether plaintiff proves that notice issued by defendant No.1
    under section 314 of Municipal Council of Greater Mumbai is bad in
    law?
    3) Whether suit is maintainable in absence of mandatory notice
    under section 527 of MCGM Act and 173 of MHADA Act?
    4) Whether this court can direct defendants to allot alternate
    accommodation to plaintiff?
    5) Whether plaintiff is entitled to reliefs claimed?
    6) What order?
    Date: 28/06/2024 (V.G. Raghuwanshi)
    Judge, C.R. No.8
    City Civil Court
    Gr. Mumbai
    -- 1 of 1 --

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