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NOTICE OF MOTION

Islam GymkhanaVsThe commissioner +1 more

CNR MHCC0100244120185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd April 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100635/2018
Registration Date
16 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-02-2018
    Business: Resumed.
    Adv. Momin for plaintiff tenders NM No. 635/2018.
    Adv. Dhumale files reply to NM along with list of documents.  Taken on record.
    Adv. Tambi i/b S.K. Legal associates files V.P. and draft Ch/s for intervention with copies of documents.  Leave to register is granted.  He undertakes to supply copies to other side.
    Adjd. for reply and arguments on Ch/s to 17.03.2018.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2018
    
    Date: 17-03-2018
    Business: Resumed.
      The P.O. is busy in recording evidence in Sessions Case No. 750/2012 and 36/2016 and order on NM Nos. 4376/2017, 4377/2017, 4378/2017, 4379/2017, 4380/2017  4381/2017 and 4382/2017 in Suit Nos. 4344/2003, 4345/2003, 4346/2003, 4347/2003,  4348/2017, 4349/2017 and 4350/2017.   For want of time the board is discharged.
    Adjd. for NM rejoinder to 19.04.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2018
    
    Date: 19-04-2018
    Business: Resumed.
    Adv. Nacha for Plaintiff filed affidavit in rejoinder to NM No. 635/2018.  O - R and R.  He seeks time to file reply to Ch.s No. 443/2018.  Time is granted.
    Adv. Vipin Kamdi with Adv. Sagar Dusane for intervener are present.
    Adjd for reply of Ch/s to 21.04.2018.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2018
    
    Date: 21-04-2018
    Business: Resumed.
    Adv Naccha for Plaintff and Adv Dhumale for defendant are present.
    Kept back.
    As the P.O was busy in hearing NM for ad-interim  reliefs in various matters, it was directed to discharge the board and accordingly the Sheristedar adjourned the matter to 10.07.2018. Adv for the Plaintiff left the Court hall.
    L.O after  completion of hearing of N.M for ad-interim reliefs, Adv Vipin Kamdi a/w Adv Sagar Dusane i/b S. K. Legal for Intervenor  submitted that today the Chamber Summons no. 443/2018 has been kept for filing of reply  by the plaintiff. However, the reply is not tendered. According to him, the order for demolition of structure is already passed by the Collector and the defendant/corporation at the complaint of intervenor and therefore the Chamber Summons should be heard and decided expeditiously. In the circumstances, the matter is preponed to 26.04.2018. The intervenor inform the plaintiff by issuing notice about preponment of the date.
    Matter is  adjourned for rep
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-04-2018
    
    Date: 26-04-2018
    Business: Resumed.
    Today the P. O. is busy in Judgment in Sessions Case No. 22/2016 and Ad-interim orders in Suit No. 1141/2018 and 1157/2018.  Earlier order if any to continue till the next date.
    Adjd. for NM reply to 21.06.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Resumed.
    Adv. Nechan for plaintiff.  Adv. Sagar Dusane for applicant and Adv. Dhumale for MCGM are present.
    Adv. Dusane seeks time to go through the reply of Ch/s.  Time is granted.
    Adv. Nechan filed reply to Ch/s.  O - R and R.
    Adjd for arguments on Ch/s to 17.07.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 17-07-2018
    
    Date: 17-07-2018
    Business: Resumed.
    Adv. Nachan for plaintiff, Adv. Shravani Dalvi for applicant and Adv. Dhumale for MCGM are present.
    The P.O. is busy in recording evidence in Sessions Case no. 421/2016 and order on NM No. 1768/2016 in Suit No. 1537/2016 and orders on Ch/s No. 667/2018 in Suit no. 1292/2011, Ch//s No. 668/2018 in Suit No. 1293/2011, Ch/s No. 669/2018 in Suit No. 1285/2011.
    Adjd for Ch/s arguments to 04.08.2018 at 11.00 a.m.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 04-08-2018
    
    Date: 04-08-2018
    Business: Resumed.
    Adv. Nathan for plaintiff and Adv. Dhumale for MCGM and Adv. Bipin Kambdi for intervenor.
    The P.O. is busy in dictating judgment in Suit no.
    Adjd for Ch/s arguments to 07.08.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for Chs/s arguments to 01.09.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Sessions Case No. 231/2018 and 329/2018.  For want of time the board is discharge.
    Adjd for Ch/s arguments to 11.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for Ch/s arguments to 16.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 16-10-2018
    
    Date: 16-10-2018
    Business: Resumed.
    Adv. for plaintiff is present.  Mr. Suraj Khode, JE, C ward for MCGM is present.
    Adv. Dhumale for MCGM is absent.
    Adjd for Ch/s arguments to 30.10.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Resumed.
    Adv. Dhumale for MCGM filed affidavit in reply.
    The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009, 2811/2018 and 2830/2018.
    For want of time the board is discharged.
    Adjd for Ch/s arguments to 13.11.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Resumed.
    Adv. Parth Zaveri for plaintiff, Adv. Ms. Padmini Ainapure for applicant and Adv. Dhumale for MCGM are present.
    Adv. Ainapure and Adv. Zaveri seeks time to argue the Ch/s No. 443/2018.  The Ch/s is pending for arguments since July 2018.   Granted as last chance with a direction if the applicant fails to argue the Ch/s necessary orders will be passed.
    Adjd for arguments on Ch/s or dismissal orders to 29.11.2018.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Resumed.
    Adv. Parth Zaveri with Adv. Nachan for plaintiff and Adv. Yuvraj Narvankar for applicant and Adv. Dhumale for MCGM are present.
    Heard. Adv. Narvankar and Adv. Nachan for plaintiff and Adv. Dhumale MCGM on Ch/s no. 443/2018.
    FRSR the following order is passed on Ch/s no. 443/2018.
    ORDER
    1.  Chamber summon no. 443/2018 is dismissed.
    2.  Parties to bear their own costs of the Ch/s.
    3.  Certified copy is expedited.
    Adjd for NM arguments to 18.12.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM argument to 10.01.2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: P.O. is on leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Resumed.
    Adv. Parth Zaveri with Adv. Indira Bhushan for plaintiff and Adv. Dhruvi Kapadia    with Adv. Dhumale for MCGM are present.
    Heard, Adv. Kapadia on NM no. 635/2018.
    Adv. Bhushan seeks time to argue the NM.  Time is granted.
    Adjd for NM arguments to 01.02.2019.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Resumed.
    Adv. P.D. Gandhi for plaintiff and Adv. Dhumale with Adv. Dhruvi Kapadia for MCGM are present.
    Adv. Gandhi filed additional affidavit in reply. O- filed.
    Heard, Adv. Gandhi and Adv. Kapadia on NM No. 635/2018 at length.
    Adjd for NM orders to 16.02.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: Adv. Sharma for plaintiff present.
    Adv. Dhumale for defendant no. /MCGM present.
    Matter posed for fresh arguments.
    Earlier order if any to continue till the next date.
    Matter adjd. To 27.2.19 for Nm Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv.P. D. Gandhi for plaintiff present.
    Adv. Dhruvi Kapadiya with Adv. Dhumale for defendant no. /MCGM present.
    As court busy in dictating judgment in Suit no. 1330 of 2012. Hence board is discharged.
    Earlier order if any to continue till the next date.
    Matter adjd. to 6.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. Indira Bhushan for plaintiff present.
    Adv. Mr. Patil with Adv. Shruti Kapadiya for defendant no. /MCGM present.
    As court busy in dictating judgment in Suit no. 1676 of 2009. Hence board is discharged.
    Matter adjd. to 8.3.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Adv. P. D. Gandhi for plaintiff present.
    Adv. Dhruti Kapadiya for defendant no. /MCGM present.
    Heard arguments of both sides.
    Earlier order if any to continue till the next date
    Matter adjd. to 30.3.18 for Order on Nm no. 635 of 2018
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-03-2019
    
    Date: 30-03-2019
    Business: Adv.Mr.Parth Javeri for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in hearing in sessions case and also ad-interim, hence, matter adjourned.
    Earlier order if any to continue till the next date.
    Matter adjd to 09.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-04-2019
    
    Date: 30-03-2019
    Business: Adv.Mr.Parth Javeri for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in hearing in sessions case and also ad-interim, hence, matter adjourned.
    Earlier order if any to continue till the next date.
    Matter adjd to 09.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: None for plaintiff.
    Adv.Shri Dhumale for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    (As Court is busy in dictating judgment/orders in other matters, hence, adjourned.)
    Matter adjd to 16.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. for plaintiff present.
    Adv.Dhruti Kapadiya a/w. Adv.Shri Dhumale for defendant/MCGM present.
    As Court is busy in dictating NM order and judgment hence board discharged.
    Matter adjd to  20.04.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: None for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    Regular Steno is absent.
    Matter adjd to 23.04.19 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv.Parth Javeri for plaintiff present.
    Adv.Dhruti Kapadiya a/w. Adv.Shri Dhumale for defendant/MCGM present.
    F.R.S.R. the following order is passed
                       ORDER
    The Notice of Motion No.635/2018 is dismissed.
    Adv.of plff filed application for extension of status-quo t.o.r.
    O-Defendant to say.
    Say given by adv.of deft. on the backside of same application.
    Order-The status quo was granted in the present notice of motion. The notice of motion is dismissed. The status quo already granted is extended till 3rd May 2019 enabling the plaintiff to challenging the order passed today in notice of motion.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-04-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102726/2018
    Filing Date: 16-02-2018
    First Hearing Date: 27th February 2018
    Decision Date: 23rd April 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    23 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 635-18 in Suit No. 427-09 CNR NO.MHCC0100244118 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 635 OF 2018 IN L.C. SUIT NO. 427 OF 2018 Islam Gymkhana ...Applicant In the matter between Islam Gymkhana ….Plaintiff Versus The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 23rd April, 2019. Appearance: Ld. Adv.…

    Read Full Order
    Order 1Full order available
    23 Apr 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 635-18 in Suit No. 427-09 CNR NO.MHCC0100244118 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 635 OF 2018 IN L.C. SUIT NO. 427 OF 2018 Islam Gymkhana ...Applicant In the matter between Islam Gymkhana ….Plaintiff Versus The Municipal Corporation of Greater Mumbai & Ors. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 23rd April, 2019. Appearance: Ld. Adv.…

    Read Full Order

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