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NOTICE OF MOTION

Shaikh Kabir Shafi Mulla +1 moreVsMCGM

CNR MHCC01002887201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 15th September 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100815/2018
Registration Date
26 Feb 2018

Advocates

1

For Petitioner

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: 28-02-2018
    Business: Court is on leave. Hence today board is discharged.
    Matter adjd.to 24-04-2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: Advocate Mr. Asit Singh for the plaintiff present.
    Advocate Mr. Khandagal for BMC/deft present.
    By consent matter adjd to 9 .07.2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Plaintiff present.
    Adv Asit Singh for plaintiff present.
    Adv Hajare for def/BMC present.
    Adjourned to 24.09.2018  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Advocate for Plaintiff.
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18  and 1407/18, hence board is discharged and case is adjourned to 22/10/2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Court is busy in hearing and dictating order on Chamber Summons in suit nos.705/19, 706/19 and 709/19 as well as Court has to hear urgent matters, hence case is adjourned to 09/07/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: Plaintiff no. 1 present. His advocate absent.
    Advocate Ms.Mhatre for defendant/MCGM present.
    The case is adjourned to 20.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
    The case is adjourned to 17.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: As Court is busy in hearing Chamber Summons in suit no. 1571/15, 1572/15, 5099/12, 6493/03 and 2363/19 and in hearing ad interim in ST no. 9928/19 also in dictating orders in Suit no. 1571/15, 1572/15, 6493/03. The case is adjourned.
    The case is adjourned to 07.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
    The case is adjourned to 05.11.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: The case is adjourned to 11.12.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Mr. Asit Singh for plaintiff present.
    Adv.Mrs. Tondawalkar for deft./MCGM present.
    ON perusal of last roznama it observed that registered NM is not tendered by plff.  Adv. Mr. Asit Singh for plff., submit that on next date he will produce registered NM.
    Matter is adjd. for NM rejoinder on 19.02.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-02-2020
    
    Date: 19-02-2020
    Business: As Holiday of Shivjayant matter is adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: Due to Covid
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: Due to covid-19 matter adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Mr. Asit singh for plaintiff present.
    Adv. Mr. Khandagale for Defendant/MCGM present.
    On oral request adv for the defendant to file NM reply
    Adjourned for NM reply to 09/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted as a last chance.
    Adjourned for NM reply and WS to 06.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv. Mr. Amin Patel for plaintiff is present.
    Adv. Mr. Khandagale 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 for no reply no WS order.
    Adjourned for No reply No WS order to 11.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Mr. Amin Patel for the plaintiff is present and orally requested for time to file registered NM on record. Granted.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for tendering registered NM on record/NM reply and WS to 14.09.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Asit Singh for the plaintiff is present and filed original registered NM No. 815/2018 along-with affidavit. TOR.
    Adv. Khandagale 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.
    Adjourned for NM hearing (no reply no WS) to 02.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. Asit Singh for the plaintiff is present. He submitted that the suit is filed as the defendant allegedly threatened to demolish the suit premises without issuing any notice. As such, on the statement of the concerned Officer, it may be disposed of.
    Adv. Khandagale for defendant/MCGM is present. He submitted that he would ensure presence of the concerned Officer on the next date. By consent, the matter is referred in the National Lok-adalat. The advocates assured to keep present their parties and therefore, the issuance of separate notice is dispensed with.
    Adjourned for Lok-adalat to 12.11.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.11
    Plaintiff present
    Adv Ashish Singh for plaintiff present.
    Shri Kandangale for defendant/BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 16.12.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Adv. Asit Singh for plaintiff present and orally requested time to argue NM. Time Granted.
    Adv. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing (no reply) to 13.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to argue on NM. The parties are called upon to fie written submissions on NM.
    Adjourned for written submission on NM (no reply) to 17.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: PO is on leave afternoon session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
    Adv. Mr. Giri for defendant/MCGM is present.
    Adjourned for written submission on NM (No reply) to 12.07.2023.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present and filed written submissions on NM No. 815/2018. Copy is supplied to other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
    Adjourned for NM hearing (No reply) to 30.08.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Heard both the sides on NM.
    Adjourned for NM Order (No reply) to 15.09.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Adv. Mr. Asit Singh for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Following Order is passed in NM No. 815/2018.
    -: O R D E R :-
    01.	By this suit, the plaintiffs contended that on 29.12.2017, the defendant demolished the suit premises without following the due process of law and now, they are apprehending that he may seize  articles of their garage. As such, they filed the NM and supported their contentions on affidavit. On the other hand, the defendant did not prefer to contest the suit and this NM and hence, it proceeded ahead without his reply and WS. Here, it is notable that this NM is restricted to the prayer as regards seizure of the articles lying in the plaintiffs’ garage. Even assuming that the suit premises is not legal, still, the defendant is required follow the due process of law while initiating any action against the garage articles of the plaintiffs’. As such, to that limited extend, the NM is needs to be allowed. Hence, the Order :
    01.	Notice of Motion No. 815/2018 is partly allowed. The 	defendant, his agents, his servants and anybody else claiming 	through him are restrained to seize articles of the garage, 	described in the plaint, except by following the due process 	of law.
    02.	Notice of Motion No. 815/2018 is, accordingly, disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103249/2018
    Filing Date: 26-02-2018
    First Hearing Date: 28th February 2018
    Decision Date: 15th September 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    15 Sept 2023

    Order Details: Other Pdf Text: 15.09.2023 Sr. No. 34 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 194/18 NM 815/18 Adv. Mr. Asit Singh for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 815/2018. -: O R D E R :- 01. By this suit, the plaintiffs contended that on 29.12.2017, the defendant demolished the suit premises without following the due process of law and now, they are apprehending…

    Read Full Order
    Order 1Full order available
    15 Sept 2023

    Order Details: Other Pdf Text: 15.09.2023 Sr. No. 34 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 194/18 NM 815/18 Adv. Mr. Asit Singh for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 815/2018. -: O R D E R :- 01. By this suit, the plaintiffs contended that on 29.12.2017, the defendant demolished the suit premises without following the due process of law and now, they are apprehending…

    Read Full Order

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