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NOTICE OF MOTION

Shivshankar Tihuli Saroj and Ors.VsMCGM

CNR MHCC0100273220194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd February 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101054/2019
Registration Date
11 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-04-2019
    Business: (Matter pertains to C.R. No.08).
    Adv. Mr. R.R. Sharma for Plff present.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    Earlier order, if any, to continue till next date.
    Adjd to 8/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. R. R. Sharma  for plaintiff present and tendered original writ of summons.  He also tendered original registered NM No. 1054/19 with affidavit.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for plff, adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to  05.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: CORAM  H.H.J SHRI.A.N. MARE (C.R.NO.11)
    (Matter pertains to C.R. No. 8)
    Adv. Mr.Surya Das for plaintiff present.
    Plaintiff is also present.
    None for defts.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 08.11.2019 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.R.S.Yadav   for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
     Matter adjd to 09.04.2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: H.H.J. Shri G.B.Gurav  I/c of Court Room No.08
    None for plaintiff.
    Adv Mrs. Smita Chavan for deft/ MCGM present and request for time to file reply to N.M. No.1054/2019.- Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 11/03/2021 for N.M. reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. Manisha Jaiswal h/f. Adv. R.R. Sharma for plaintiff present.
    Adv. Chavan  for deft/MCGM present and requests for time to file reply to N/m. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter adjd to 22/04/2021 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv Surya Das h/f Adv R.R. Sharma for plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 30/09/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv Manisha Jaiswal  h/f Adv R.R. Sharma for plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present.
    Adv Heena Shah for applicant present and tendered original registered Ch/s No.1193/2021 along with affidavit in support thereof. TOR.
    The advocate for the plaintiff seeks time to file reply to the Ch/s. Time is granted till next date as a last chance.
    Adjd. To 12/10/2021 for NM and Ch/s reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv R.R. Sharma for plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present.
    Adv Henna Shah for applicant present.
    Adv for plaintiff seeks time to file reply to Ch/s. On the last date adjournment granted as last chance. The applicant shown urgency, therefore plaintiff is directed to file reply on next date, otherwise Ch/s will be heard in his absence.
    Earlier order, if any, to continue till next date.
    Adjd. To 21/10/2021 for Ch/s reply and NM reply by defendant / MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv R.R. Sharma for plaintiff present and tendered reply to Ch/s No.1199/2021. TOR. Copy is served to other side.
    Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to Ch/s.
    Time is granted till next date.
    Adv Henna Shah for applicant present.
    Defendant / MCGM is directed to file reply to CH/s and NM till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 28/10/2021 for NM and Ch/s reply by defendant / MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv. R.R. Sharma for plff present.
    None for deft. / MCGM.
    Adv. Henna Shah for applicant present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 23/11/2021 for N/M and Ch/s reply by deft. / MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv Suryadas for plaintiff present and tendered application for adjournment that advocate on record is not feeling well. Doctor advised him to take rest.  Said application is TOR and marked as Exh.2. Considering the ground mentioned in application, time is granted as last chance.
    Adv Mrs Rawade for defendant / MCGM present.
    Adv Heena Shah for applicant present.
    Earlier order, if any, to continue till next date.
    Adjd. To 16/12/2021 for NM and Ch/s reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv R.R. Sharma for plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present and has given say on Ch/s No.1193/2021 itself.
    Adv Heena Shah for applicant present.
    Earlier order, if any, to continue till next date.
    Adjd. To 04/01/2022 for Ch/s  hearing and NM reply by the defendant / MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv R.R. Sharma for plaintiff present.
    Adv Khandagale h/f Adv Rawade for defendant  / MCGM present.
    Adv Heena Shah for applicant present.
    K.B.
    L.O. at 4.30 p.m.
    Adv R.R. Sharma for plaintiff present.
    Adv Khandagale h/f Adv Rawade for defendant  / MCGM present.
    Adv Heena Shah for applicant present.
    Heard both sides on Ch/s No.1193/2021.
    Earlier order, if any, to continue till next date.
    Adjd. To 11/01/2022 for order on Ch/s No.1193/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. Manisha Jaiswal h.f. Adv. R.R. Sharma for Plaintiff present.
    Adv Mrs Rawade for defendant / MCGM present.
    Adv. Palak Ranka h.f Adv. Heena P. Shah for applicant present.
    F.R.S.R. following order is passed on Ch/s. No. 1193/2021 -
    ORDER
    1. Chamber Summons No. 1193 of 2021 in L.C. Suit No. 534 of 2019 is allowed.
    2. Plaintiff is directed to implead the Applicants No.2 to 4 as party defendants in the Suit by amending the Plaint.
    3. Plaintiff is directed to carry out amendment within a stipulated period.
    4. Chamber Summons No. 1193 of 2021 in L.C. Suit No. 534 of 2019 stands disposed off accordingly.
    Earlier order, if any, to continue till next date.
    Adjd. To 05/04/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
    (Matter pertains to C.R. No.04)
    Adv Suryadas for plaintiff present.
    None for defendant no.1/ MCGM (N-ward)
    Adv Palak Ranka h/f Adv Heema Shah for defendant nos.2 to 4 present.
    Earlier order, if any, to continue till next date.
    Adjd. To 28/04/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: None for plaintiff.
    None for defendant no.1/ MCGM (N-ward)
    None for defendant no.2 to 4.
    Plaintiff is directed to serve amendment copy of plaint upon defendants.
    Earlier order, if any, to continue till next date.
    Adjd. To 12/07/2022 for compliance (service of copy of amended plaint upon defendant)
    L.O. at 3.30 p.m.
    Adv R.R. Sharma for plaintiff present.
    Adv Henna Shah for defendant nos.2 to 4 present and tendered application for directing defendant no.1 / MCGM to file reply to NM. TOR and marked as Exh.3. She also tendered reply to NM and W/s. W/s is TOR and marked as Exh.4 .
    In view of application and showing urgency, defendant no.1 is directed to file reply to NM, otherwise No Say Order will be passed against defendant no.1 / MCGM.
    Copy of NM reply and w/s are served to defendant no.1 /MCGM.
    Adjd. To 07/07/2022 for compliance (service of copy of amended plaint upon defendant)
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. R. R. Sharma for plaintiff present and tender reply to Exh. 3 and also rejoinder in N/M No. 1054/2019, TOR. Copies are served to other side.
    Adv. Mrs. Rawade for defendant No. 1/ MCGM is present and requested time to file reply to N/M. Time is granted till next date as a last chance.
    Adv. Ms. Palak Ranka h/f Adv. Heema Shah for deft Nos. 2 to 4 present.
    Adv. for plaintiff submitted that copy of amended plaint is already served upon deft. Nos. 2 to 4.
    Earlier order, if any, to continue till next date.
    Adjd. to 23/08/2022 for filing reply on N/M No. 1054/2019 and hrg. on Exh. 3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Dixit for plaintiff present.
    Adv. Mrs. Rawade for defendant No. 1/ BMC is present and requested time to file reply to N/M. Time is granted till next date as one more last chance.
    Adv. Heena Shah for deft Nos. 2 to 4 present.
    Earlier order, if any, to continue till next date.
    Adjd. to 22/09/2022 for filing reply on N/M No. 1054/2019 and hrg. on Exh. 3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. Manisha for plaintiff present.
    Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present.
    Adv. Shah for deft. Nos.2 to 4 present.
    Earlier order, if any, to continue till next date.
    Adjd. to 20/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2022
    
    Date: 22-09-2022
    Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
    (Matter pertains to C.R. No. 4)
    Adv. Manisha for plaintiff present.
    Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present.
    Adv. Shah for deft. Nos.2 to 4 present.
    Earlier order, if any, to continue till next date.
    Adjd. to 20/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
    (Matter pertains to C.R. No. 4)
    Adv.  Manisha Jaiswal for plaintiff present.
    None for defendant No.1/ BMC.
    Adv. Hina Shah for deft. Nos.2 to 4 present.
    Earlier order, if any, to continue till next date.
    Adjd. to 29/11/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Manisha D. Jaiswar h/f Adv. R. R. Sharma for plaintiff present.
    Plaintiff No.1 is present.
    Adv. Mrs. Rawade for defendant No.1/ BMC is present.
    Adv. Shah for deft. Nos.2 to 4 present and requested time to reply to N/M. Time is granted till next date as a last chance.
    Earlier order, if any, to continue till next date.
    Adjd. to 07/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Due to paucity of time, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Manisha D. Jaiswal h/f. Adv. R. R. Sharma for plaintiff present.
    Adv. Ms. Mhatre for defendant no.1/BMC present.
    None for defendant no.2 to 4.
    Earlier order if any, to continue till next date.
    Adjd. to 13/07/2023 for N.M. reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: Advocate R.R. Sharma for plaintiff present.
    Adv Shah for defendant No. 2 to 4 present.
    Advocate Mhatre for defendant No.1/BMC present and tendered reply and list of documents to NM marked as    Exh. 5. TOR.  Copies are supplied to  other side.
    Adv for plaintiff seeks time to file rejoinder. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjd 01.08.2023 for filing rejoinder
    Next Purpose: REJOINDER
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Advocate Manjusha Dubey h/f R. R. Sharma for plaintiff present and tendered rejoinder in NM No. 1054/19 TOR. Copy supplied to other side. Copy of def No. 2 to 4 kept in R & P.
    Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC present.
    None present fordef No. 2 to 4.
    Earlier order, if any, to continue till next date.
    Adjd to 24.08.2023  for  Hearing on NM
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Advocate R.R. Sharma for plaintiff present and list of citation  marked as Exh. 6 copy is supplied to other side.
    Adv. Palak Ranka h/f Heena Shah for def No. 2 ot 4  present.
    Advocate Mhatre for defendant No.1/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to 10.10.2023 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Plaintiff No. 2 present and his Adv is absent.
    Plaintiff is submitted that his adv is busy in Hon’ble High Court and requested to keep back.
    Adv Heena Shah for  deft No. 2 to 4 present.
    Advocate Mhatre for defendant/BMC present.
    keep back
    L.O. 4.17 p.m.
    Adv. Palak Ranka h/f shah for deft No. 2 to 4 present.
    Plaintiff No. 2 present and his adv is absent.
    Keep back
    L.O. 4.41 p.m.
    Adv. R. R. Sharma for plaintiff present.
    Heard partly argument of Adv for plaintiff. Hence matter adjourned for further argument
    Adjd  to  03.11.2023  for further argument of plaintiff on /N.M.P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: Advocate Manisha Jaiswar h/f R. R. Sharma for plaintiff present and submitted sr. Adv Sharma is not feeling well and tendered application for adjournment marked as Exh. 6 O- Considering the reason  time granted.
    Adv Ranka for deft No.  2 to 4 present
    Advocate Mhatre for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  14.12.2023  for NM Hearing /P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Adv. Ms. Jaiswar h/f. Mr. Sharma for plaintiff present
    Advocate Mhatre for D-1/BMC present
    None for D-2 to 4
    Exh.6-Adjournment application tendered by Adv. for Plff.-Granted.
    Earlier order, if any, to continue till next date.
    Adjd. to 16/1/2024 for hearing
    Next Purpose: NM  P.H.
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Advocate R. R. Sharma for plaintiff present.
    Advocate Mhatre for defendant/BMC present.
    Adv Heena Shah for deft No. 2 present.
    keep back
    Later on
    Same appearance
    Party heard argument of Adv for plaintiff on NM.
    Earlier order, if any, to continue till next date.
    Adjd  to  01.02.2024   for  further argument of plaintiff on NM/P.H.
    Next Purpose: NM  P.H.
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: Plaintiff present and his Adv is absent.
    Advocate Mhatre for defendant/BMC present.
    Adv Heena Shah for deft no. 2 ot 4 present.
    keep back
    Later on
    Adv R.R. Sharma for plaintiff present and tendered list of document marked as Exh. 7. copy is supplied to other side.
    Order on Exh. 7 – The document is relevant  and issued by public officer. Hence production is allowed.
    Rest of the same appearance
    Heard arugment of both sides on Notice of Motion No. 1054/19
    Adv for deft No. 2 to 4 tendered list of ciatation marked as Exh. 8. copy is supplied to adv for plaintiff.
    Earlier order, if any, to continue till next date.
    Adjd  to   09.02.2024  for  NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: Adv. Manisha Jaiswar h/f R. R. Sharma for plaintiff present.
    Adv. Heena Shah for defendant no. 2 to 4 present.
    Advocate Suryavanshi BMC/Defendant-1 present.
    Earlier order if any, to continue till next date.
    Court is busy in ad-interim matter.
    Adjd to  23/02/2024  for NM  order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: Advocate  R.R.Sharma a w Manisha Jaiswal  for plaintiff present.
    Advocate Jyoti Patil - Mhatre for defendant No.1/BMC present.
    Adv. Heena Shah for deft No. 2 to 4 present.
    F.R. S.R. following order is passed on Notice of Motion NO. 1054 of 2019
    ORDER Notice of Motion is hereby made absolute in following terms
    Defendant B. M. C. is temporarily restrained from implementing notice and Speaking Order till decision of suit. Adv for deft BMC submitted that this matter pertains to N Ward and requested to keep the matter for necessary as concern Adv is not present today. Hence matter adjourned.  Adjd  to  16.04.2024   for NO WS order
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102717/2019
    Filing Date: 11-03-2019
    First Hearing Date: 10th April 2019
    Decision Date: 23rd February 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Feb 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M. No.1054/19 (LCS No.534/19) MHCC010027322019 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.1054 OF 2019 IN LONG CAUSE SUIT No.534/2019 Mr. Shivshankar s/o. Tihuli Saroj & 2 Ors. … Plaintiffs - Versus - The Municipal Corporation of Greater Mumbai & 3 Ors. ... Defendants Appearance :- Mr. R. R. Sharma, Advocate for plaintiffs. Ms. Jyoti Patil-Mhatre, Advocate for defendant/M. C. G. M. Ms. Henna P. Shah, Advocate…

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