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…
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
1For Petitioner
For Respondent
Not available
Parties
3Respondent
- 1MCGM
Acts & Sections
1Bombay 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
2Final Order 1Full order available
15 Sept 2023
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…
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