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NOTICE OF MOTION

Vimlaben Vishnji Thakkar and Ors.VsMCGM And Ors.

CNR MHCC0100243920188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 01st October 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100636/2018
Registration Date
16 Feb 2018

Advocates

1

For Petitioner

    Not available

    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: 08-03-2018
    Business: Adv.Mr.Thakkar for Plff.present.
    Adv. Ms.Ashwini Barve for Deft.no.3.present.
    Adv.Mr.Giri h/f Adv.Mrs.Kamble for BMC/Deft.no.1 present.
    Adv.for deft.tendered original registered N/m No.636/18
    MCGM has filed list of documents t.o.r.marked at Exh.17.
    Adv.for Plff.tendered reply to N/m t.o.r.
    Adjd.for N/m hearing on 17.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2018
    
    Date: 17-04-2018
    Business: None present for the plaintiff.
    Advocate Ms. Kamble for BMC/deft present.
    Advocate Mr. Manek for deft no. 3 present.
    Rejoinder filed by adv for deft no. 3. t.o.r.
    Earlier order to continue till next date.
    Matter adjd to 5.06.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Business: Brother of Plaintiff No. 10 present and advocate absent.
    Adv. Ms. Tadvi h/f. Adv. Mrs. Kamble for defendant nos. 1 and 2  / BMC present.
    Adv. Mr. Manek for Defendant no. 3 is present.
    None present for defendant nos. 4 to 13.
    Power of Attorney of Plaintiff no. 10 submitted that he intends to file some documents alongwith affidavit, therefore, time granted to file documents with directions to argue the Notice of motion on next date without fail.
    Plaintiffs are further directed to supply copy of the affidavit and documents well in advance.
    Adjd. to 14.06.2018 NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Adv. Mr. Neel Gala for plaintiff present.
    He filed vakalatnama. t.o.r. It is marked Exh. 18.
    Adv. Mr. Bhambid for defendant no. 4 to 13 present.
    Adv. Ms. Kamble for BMC/ defendant no. 1 and 2 present.
    Defendant no. 3 present.
    The advocate of plaintiff submitted that he is appearing in the matter today and needs time for compliance. Considering the personal difficulty of advocate.
    O- Time granted as last chance.
    Adjd to 28.6.2018 for N/M hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Adv. Mr. Nil Gala for Plaintiff present.
    Adv. Mrs. Kamble for defendant no. 1 and 2 / BMC present.
    Adv. Mr. Manek for deft.no.3 present.
    None for other deft.
    O - Leave to register to Ch/s.
    Adjd. to 02.08.2018 for rejoinder N/m hearing.
    Next Purpose: REJOINDER
    Next Hearing Date: 02-08-2018
    
    Date: 02-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Adv. Neel Gala for Plaintiff present and tendered rejoinder to Ch/s.
    Adv. Mrs. Kamble for defendant / BMC present.
    Adv. Manek for Defendant No. 3 present and filed additional affidavit on NM.
    Adjd. to 04.09.2018 for filing reply on Ch/s., and NM hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: As court is on leave today, Board is discharged.
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Business: Adv. Mr. Gala for Plaintiff present.
    Adv. Ms. Yogita Lanjekar with Adv. Mrs. Kamble for Defendant No. 1 and 2 present.
    Adv. Mr. S.T. Manek for Defendant No. 3 present and filed application for taking W.S. on record - Granted.
    Copy served to the other side.
    W.S. of Defendant No.3
    None for Defendant No. 4 to 13.
    On oral request of advocate for Defendant No. 1 and 2, adjournment granted as last chance.
    Adjd. to 11.12.2018 for Ch/s. Reply and N/m hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Adv Gala for plff present.
    Counsel Yogita Lanjekar along with adv Mrs.Vyavhare for BMC/deft nos.1 and 2 present and tendered reply to ch/sum no.1361/18. It is TOR.
    Copy served to other side.
    None for deft no.3 to 14.
    Adjd to 29/01/2019 for rejoinder/hearing.
    Next Purpose: REJOINDER
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Adv Mr.Gala for plff present.
    Adv Ms.Barve for deft no.3 present.
    Adv Mhatre for BMC/deft. nos.1 and 2 present.
    None present for defts no.4 to 13.
    Adjd to 8/02/2019 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv Gala for plff present.
    Adv Mr.Manek for deft no.3 present.
    Adv Mrs.Lanjekar with adv Mrs.Mhatre for BMC/deft no.1 and 2 present.
    Rejoinder filed by plff. It is TOR.
    Adjd to 21/02/2019 for NM and ch/sum hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Adv Gala for plff present.
    Counsel Mrs.Lanjekar with adv Mhatre for BMC/deft. nos.1 and 2 present.
    Adv Bharti Wadekar for deft no.3 present.
    K.B..
    Later on..
    None present for plff.
    Adv Mhatre for BMC/deft. nos.1 and 2 present.
    Adv Bharti Wadekar for deft no.3 present.
    Court busy in hearing on Notice of motions in Suit No.3109 of 2007 and urgent mattes. Hence matter is adjourned.
    Adjd to 8/03/2019 for NM hearing.
    Later on..
    Adv Gala for plff present.
    Adv Manek fordeft no.3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: None for Plff.
    Counsel Lanjhekar with Adv. Mrs. Mhatre for MCGM/Deft No.1 and 2 present.
    Adv. Mr. Manek for Deft No.3 present.
    KB - LO at 4.15 p.m.
    Plff No.11 present and his Adv. absent.
    Earlier order, if any, to continue till next date.
    Adjd to 18/3/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. Mr. Neel Gala for Plff present.
    Counsel Ms. Lanjhekar for MCGM/Deft No.1 and 2 present.
    Adv. Mr. Manek for Deft No.3 present.
    None for Deft No.4 to 13.
    Heard arguments of Ld. Adv. for Plff, Ld. Adv. for Deft No.3 and Ld. Counsel for Deft No.1 and 2/MCGM on Ch/s No.1361/18.
    Adjd to 3/4/2019 for order on Ch/s.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv. Mr. Neel Gala for Plff present.
    Adv. Mr. Lanjekar with Adv. Mrs. Bhoir h/f Adv. Mrs. Mhatre for MCGM/defts No.1 and 2 present.
    Adv. Mr. Manek for Deft No.3 present.
    F.R.S.R. the following order is passed -
    Order on Ch/s No.1361/18
    1. Ch/s No.1361/18 is partly allowed and made absolute in terms of prayer clause (a).
    2. The prayer to add Technical Advisory committee as defendant No.14 is rejected.
    3. The Plffs are directed to carry out amendment in plaint in accordance with paragraphs No.2 to 5 in the schedule annexed to Ch/s on or before next date.
    4. The Plffs shall provide copy of amended plaint to the Defts.
    Adjd to 11/6/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Adv. Jinna Shah for Plaintiff.
    Adv. Ms. Hajare with Adv. Ms. Lanjekar for Defendant 1 and 2 /BMC present.
    Adv. Ms. Barve for Defendant No. 3  present.
    KB.
    L.o. at 4.20 p.m. Adv. Neel Gala for plaintiff present.
    Adv. S. T. Manek for def. no. 3 present.
    On oral request of ld adv for plff, adjournment granted as a last chance.
    Adjd. to 25.06.2019 for compliance at 12.30 p.m.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Plaintiff no. 10 and 20 present. Their advocate absent.
    Adv. Ms. Lanjekar with Adv. Ms. Hajare for MCGM/Def. 1 and 2 present.
    Adv. Ms. Ashwini Barve for def. no. 3 present.
    None for def. no. 4 to 13.
    Plaintiffs states that grandfather of his advocate Mr. Neel Gala is expired today morning.  Hence their advocate could not attend the Court today and request for adjournment.
    Adjd to 02.07.2019 at 12.00 noon for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Business: Due to heavy rain, staff members and litigants have not attended Court. Hence board is discharged and matter is adjd.
    Adjd to 20.08.2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Adv. Neel Gala  for plaintiff present.
    Adv.Lanjekar for defendant no.1 and 2/MCGM present.
    Adv. Manek for defendant no. 3 present.
    None for defendant nos. 4 to 13.
    K.B./ L.O. at 3.35 p.m.
    Heard argument of defendant no.3, heard argument of plaintiff partly.
    Adjd to 18/09/2019 for Further argument of plaintiff.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Neel Gala for plaintiff present.
    Adv. Mrs. Lanjekar with Adv. Mrs. R.M. Hazare for Deft no. 1 ,2/MCGM present.
    Adv. Ashwini Barve  for deft. no. 3 present.
    KB
    LO
    F.R.S.R. following order on N/M No.636/18 is passed -
    Order -
    1. Notice of Motion No. 636 of 2018 is allowed and made absolute in terms of prayer clause (a).
    2. The interim order dated 04.05.2016 is passed by this court is vacated.
    3. Costs in cause.
    On oral request of advocate for Plaintiff, earlier order, if any, to continue for two weeks from today.
    Adjd to 03-12-2019 for NM Hearing.
    Nature Of Disposal: ALLOWED
    Disposal Date: 01-10-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102728/2018
    Filing Date: 16-02-2018
    First Hearing Date: 08th March 2018
    Decision Date: 01st October 2019
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    01 Oct 2019

    Order Details: Notice of Motion Pdf Text: 1 NM no. 636-18 in L.C.SUIT no.387-14 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO. 636 OF 2018 (CNR no. MHCC010024392018) IN LONG CAUSE SUIT NO. 387 OF 2014 (CNR no. MHCC010000742014) 1. Vimlaben Vishnji Thakkar ] Aged : 72 years, Occ : Housewife ] Residing at Room No.3A ] 2. Velbai Shankargiri Goswani ] Aged : 73 years, Occ : Housewife ] Residing at Room No.4A…

    Read Full Order
    Order 1Full order available
    01 Oct 2019

    Order Details: Notice of Motion Pdf Text: 1 NM no. 636-18 in L.C.SUIT no.387-14 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO. 636 OF 2018 (CNR no. MHCC010024392018) IN LONG CAUSE SUIT NO. 387 OF 2014 (CNR no. MHCC010000742014) 1. Vimlaben Vishnji Thakkar ] Aged : 72 years, Occ : Housewife ] Residing at Room No.3A ] 2. Velbai Shankargiri Goswani ] Aged : 73 years, Occ : Housewife ] Residing at Room No.4A…

    Read Full Order

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