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NOTICE OF MOTION

Premraj Chhaganlal Padiyar and Ors.VsMCGM And Ors.

CNR MHCC0100291720208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 11th October 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101029/2020
Registration Date
07 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 09.06.2020 for compliance.
L.O.
Adv. Thakkar for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to07.04.2020 for compliance/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
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: 29-05-2020

Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare for deft/MCGM present and filed common reply to NM No.1029/2020 and NM No.2492/2019. TOR. She also tendered list of documents. TOR. marked at Exh.3. Copies thereof be served to other side.
Plaintiff is directed to tender original registered NM No.1029/2020 on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/12/2020 for NM Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Earlier order, if any, to continue till next date.
Matter adjd to 19/01/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-02-2021

Date: 09-02-2021

Date: 04-03-2021
Business: Matter adjd to 18/03/2021 for NM and Ch/s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. J. Thakkar for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present.
Heard both sides on Ch/s No.301/2021.
It is submitted by advocate for plaintiff that TAC report has considered once structural audit report without informing to the plaintiffs. The plaintiff got some additional documents by way of RTI subsequently the material information which got by the plaintiff subsequently is needs to be incorporated in the body of the plaint. Certainly would not change character and nature of suit. The Schedule of amendment transpires subsequent event and additional information after TAC reports.
Adv. for deft/Corporation submitted that this is delay tactics by plaintiff.
Hence Order :-
Order On Ch/s No.301/2021
1)      The Chamber summons No. 301 of 2021 is allowed and made absolute in terms of prayer clause (a) only.
2)      Plaintiff is directed to carry out amendment within two weeks from today.
Earlier order, if any, to continue till next date.
Matter adjd to 08/04/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv. Poonam Pal h/f. Adv. Jaydeep Thakkar for Plainitff present.
Adv. Chavan h/f. Adv. Hajare for defendant/MCGM is present.
Plaintiff is directed to serve the copy of amended Plaint upon defendants.
Earlier order, if any, to continue till next date.
Matter adjd to 06/05/2021 for compliance(service of copy of amended Plaint upon defendants).
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: NOB TOB (BY PRECEIPE)
Adv. Jaydeep Thakkar for Plaintiff present.
Adv. Mrs. Hajare for Defendant/MCGM present and tendered an application for to preponed the matter which was fixed on       20-07-2021, t.o.r. and marked as Exh 4.
Adv. for Plaintiff filed say on behalf of Plaintiff, t.o.r. and marked as Exh.5.
Adv. of the defendant has submitted that suit building is highly dangerous and may collapse at any time as suit building in C – 1 category. Therefore, be needs to be pull down, but due to pandemic situation longer date was given. Considering the urgency matter be preponed. The advocate of the Plaintiff oppose the application by containing that there is no urgency in the matter. Considering that it is a rainy season and suit premises is in C – 1 category. Therefore, it needs urgent hearing. Therefore application of defendant is allowed. Matter be fixed for hearing on Notice of Motion in next week.
Plaintiff has tendered amended Plaint.
Earlier order, if any, to continue till next date.
Matter is adjd. to 29/06/2021  for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Adv Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Mr Devendra Pawar, BMC Officer, T-Ward present.
Earlier order, if any, to continue till next date.
Adjd. To 13/07/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Plaintiff nos.1,6-A, 9 and 11 are present. Their advocate absent.
Adv Smita Chavan for defendant / MCGM present.
Mr Devendra Pawar, Jr. Engineer, (B and F Dept.), T-Ward, MCGM present.
K.B. till 4.00 p.m.
L.O. at 4.30 p.m.
Adv Jaydeep Thakkar for plaintiff\''s present and filed compilation of documents in NM NO.1029/2019 and NM NO.2492/2020. TOR as Exh.6. Copy is supplied to the advocate for defendant / MCGM.
Heard partly arguments in NM NO.1029/2019 and NM NO.2492/2020 by advocate for plaintiff.
As court time is over, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 10/08/2021 for further argument in NM NO.1029/2019 and NM NO.2492/2020 by plaintiff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Representative for plaintiff\''s advocate is present. Advocate for plaintiff absent.
Adv Smita Chavan for defendant / MCGM is present.
K.B.
L.O. at 4.15 p.m.
Adv Jaydeep Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM is present.
Partly heard the argument of advocate for plaintiff on NM.
As court time is over, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 13/08/2021 for NM hearing (P.H.)
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Representative of plaintiff\''s advocate present. Advocate for plaintiff is absent.
Adv Mrs Tondwalkar h/f Adv Smita Chavan for defendant / MCGM is present.
K.B.
L.O. at 5.00 p.m.
Adv Thakkar for plaintiff present and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 20/08/2021 at 1.00 p.m. for ad-interim reliefs.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Advocate Thakkar  for the plaintiff present.
Adv. Tondwalkar for BMC present.
Due to paucity of time and as this Court having charge of C.R. No.09 and C.R. No.11, this matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Matter is adj. to 24/08/2021 for further argument by advocate for plaintiff on ad-interim reliefs.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Plaintiff no.6-A present.
Adv for plaintiff absent.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 26/08/2021 for further argument of advocate for plaintiff on ad-interim reliefs.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Plaintiff No. 6 -A present. Adv. for Plaintiff is absent.
Adv. Mrs. Smita Chavan for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/08/2021 for further argument of advocate for plaintiff on ad-interim reliefs.
Next Purpose: HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021

Date: 04-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
K.B.
L.O. at 4.20 p.m.
Adv Namita Shelke h/f Adv Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present and tendered list of documents, t.o.r. and marked as Exh.6. Copy is served to the plaintiff.
Mr Devendra Pawar, Jr. Engineer, B and F, T-Ward, MCGM present.
Heard Ld Adv for defendant / MCGM in NM No.1029/20 and 2492/19.
Earlier order, if any, to continue till next date.
Adjd. To 07/09/2021 for rejoinder argument on plaintiff in both NM.
Next Purpose: REJOINDER
Next Hearing Date: 07-09-2021

Date: 07-09-2021

Date: 09-09-2021
Business: Adv Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for rejoinder argument on plaintiff in both NM.
Next Purpose: REJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Heard both sides in NM No.1029/2020 and NM NO.2492/2019.
Earlier order, if any, to continue till next date.
Adjd. To 21/09/2021 for order on NM No.1029/2020 and NM NO.2492/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv Namita Shirke h/f Adv Jaydeep Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 30/09/2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv Miss Namita Shirke h/f Adv Jaydeep Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
As Court is busy in dictating order in NM in Suit Nos.643/2019, 938/2019 and 939/2019, hence this matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 08/10/2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv Namita Shirke h/f Adv Thakkr for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Namita Shirke h/f Adv Thakkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
K.B.
L.O. at 5.00 p.m.
F.R.S.R. Following order is passed on NM NO.1029/2020 and NM NO.2492/2020 -
COMMON ORDER ON  NM NO.1029/2020 and 2492/2020
1. Prayer clause (a) and (b) of NM NOS.1029/2020 and NM NOS.2492/2020 is rejected.
2.  NM NOS.1029/2020 and NM NOS.2492/2020 stands disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 11-10-2021

Additional Case Details

Additional Case Details
Filing Number: 102780/2020
Filing Date: 07-03-2020
First Hearing Date: 07th March 2020
Decision Date: 11th October 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
11 Oct 2021

Order Details: Notice of Motion Pdf Text: N/M 2492/19 AND 1029/2020 1 IN SU 2514/19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION 2492 OF 2019 (CNR NO.MHCC01-006856-2019) AND NOTICE OF MOTION 1029 OF 2020 (CNR NO.MHCC01-002917-2020) IN S.C. SUIT NO.2514 OF 2019 (CNR NO.MHCC01-006548-2019) Premraj Chhaganlal Padiyar and Ors. ]... Plaintiffs Versus The Municipal Corporation of Greater Mumbai and Ors. ]...Defendants Ld. Adv. Thakkar for the Plaintiffs Ld. Adv. Smita Chavn for defendant /MCGM.…

Read Full Order

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