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NOTICE OF MOTION

Naeem Khan S/o Banne Khan and Ors. (St. No. 2390 ofVsMCGM And Anr.

CNR MHCC0100301920204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st August 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101061/2020
Registration Date
11 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: 12-03-2020
Business: Adv. Nitesh Aacharya for plaintiff present and tendered original NM 1061/20 along with affidavit in support.
Adv. Ms. Patil for MCGM/Defendant present.
Adv.D.N.Mishra for defendant No.2 present and filed V/P ,t.o.r. Exh-2.
The defendant is directed to serve the copy of NM reply,  if any, to plaintiff on or before next date.
 Matter adjd to 31.03.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Next Purpose: HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
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: HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: HEARING
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv. Vishant Rathod for plaintiff present.
Adv. Smita Chavan for deft/MCGM present.
None for deft no.2.
On oral request of advocate for plaintiff, adjournment granted till next date.
Plaintiff is directed register the Suit till next date.
Matter is adjd to 08/12/2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Adv. Mr. Asif Hussain h/f Adv. N. S. Acharya for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1/MCGM present.
Adv. D. N. Mishra for deft no.2 present.
Mr. Sunil Shetty, Secretary of deft no.2 is also present.
KB
Later On. At 12.30 pm.
Mr. Vinayak Babu Niwate, Senior Inspector (Encroachment),
N- Ward, MCGM, present.
Adv. for deft no.2 tendered affidavit in reply to NM No.106/2020. TOR. Copy served to plaintiff.
Advocate for deft no.1/MCGM tendered affidavit of documents. TOR and marked at Exh.3.
Copy is served to plaintiff and deft no.2.
Matter adjd to 10/12/2020 for Arguments on Ad-interim hearing at 11.30 am.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Matter adjd to 28/01/2021 for filing Reply to NM by deft no.1/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Matter adjd to 20/03/2021 for filing NM Reply by deft no.1/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Pooja Mishra h/f Adv. Acharya for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adv. D. N. Misra for deft no.2 present.
Matter adjd to 29/04/2021 for filing reply to NM by deft/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv Yash Mishra h/f Adv Nitesh Acharya for plaintiff present.
Adv Rawade for defendant no.1 / MCGM present.
None for defendant no.2.
K.B. till 2.45 p.m.
L.O. at 3.05 p.m.
Adv Yash Mishra h/f Adv Nitesh Acharya for plaintiff present.
Adv Rawade for defendant no.1 / MCGM present.
None for defendant no.2.
On oral request of advocate for defendant no.1/ MCGM, time is granted till next date.
Adjd. To 21/09/2021 for filing reply to NM by defendant no.1/ MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1 / MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.2.
Adjd. To 25/11/2021 for filing reply by defendant no.1 /MCGM.
Next Purpose: REPLY
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Robert D\''souza for Plaintiff present.
Adv Mrs Rawade for defendant No.1 / MCGM present.
Adv. D. N. Mishra for Defendant No.2 present.
Matter is adjd to 08/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 29/03/2022 N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Pooja Mishra hf Adv. Acharya for pliantiff present.
Adv Mrs Rawde for defendant / MCGM no.1 present and seeks time to file reply to NM. Time is granted till next date.
Adv. Abhinav Mishra for deft no.2 present.
Adjd. To 14/07/2022 for filing reply by deft no.1/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Pooja Mishra h/f Adv. Nitesh Acharya for plaintiff present.
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. D. N. Mishra for deft. No. 2 present.
Adjd. to 18/08/2022 for N/M reply by deft. No. 1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Pooja Mishra h/f Adv. Nitesh Acharya for plaintiff present. 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. Abhinav Mishra for deft. No. 2 present.
Adjd. to 27/09/2022 for N/M reply by deft. No. 1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Pooja Mishra h/f Adv. Nitesh Acharya 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.
Adv. Shivam Singh for deft. No.2 present.
Adjd. to 01/12/2022 for N/M reply by deft. No.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Pooja Mishra h/f Adv. Nitesh Aacharya 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.
Adv. Shivam Singh for defendant No.2 present.
Adjd. to 28/03/2023 for N/M reply by defendant No.1/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Ms.Pooja Mishra h.f. Adv. Nitesh Acharya For plaintiff present.
Adv. Mhatre for defendant no.1 / BMC is present and requested for time to file NM reply. Time is granted as a last chance.
Adv. Mr. D. N. Mishra for defendant no. 2  is present.
Adjd. to 18.07.2023 for NM reply of defendant no.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: None present for plaintiff.
Adv D.N. Mishra for defendant No. 2 present.
Advocate Mhatre for defendant/BMC present and tendered reply to NM. Copy served upon defendant No. 2 and copy of plaintiff is kept in R & P.
Adjd  to 22.08.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Plaintiff present and seek time to argue NM as his advocate is absent. Granted.
Adv. D.N.Mishra for defendant No.2 present
Advocate Mhatre for defendant No.1/BMC present.
Adjd to 19.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Advocate Pooja Mishra h/f Nitesh  for plaintiff present and submitted that Sr. Adv. is not feeling well and seeks time to argue NM. Granted
Adv.  D.N. Mishra for defendant No.2 present.
Advocate Mhatre for defendant No. 1/BMC present.
Adjd  to  28.11.2023  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1/BMC present and has given
Adv. D. N. Mishra for deft No. 2
Today matter is kept for hearing but none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
Office is directed to register suit.
Adjd  to   16.12.2023 for Dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Advocate Yogesh Samant h/f Acharya for plaintiff present and requested time to argue NM. Granted.
Advocate Suryavanshi h/f Mhatre  for defendant No. 1/BMC present.
None present for deft No. 2
Adjd  to 30.01.2024    for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: As Court is busy in urgent Ad-interim hearing, Board Discharged, Hence matter adjourned.
Adjd  to  15.02.2024   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Advocate Acharya for plaintiff present and received copy of reply and requested time to argue NM. Adv. D.N. Mishra for deft No. 2 present. Advocate Jyoti Patil- Mhatre for defendant/BMC present. Adjd to 07.03.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: None present for plaintiff
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
None present for plaintiff, hence matter adjourned and kept for dismissal of NM.
Adjd  to 04.04.2024    for  Dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
Hence matter is adjourned to 25/4/2024
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Advocate Pooja Mishra h/f Acharya for plaintiff present and tendered application for removal caption of dismissal of NM marked as Exh.   O- Other side to say
Advocate Mhatre for defendant/BMC present.
Adv. D. N. Mishra for deft No. 2 present and has given say on Exh… overleaf
O- In the interest of justice application is allowed.
Adjd  to  27.06.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate  Bushra Sayyed for plaintiff present and requested to keep back the matter. Hence kept back.
Advocate Metakari for defendant/BMC present.
Adv. D. N. Mishra for D-2 present.
keep back
Later on 4.07 p.m
Same appearance
Heard argument of both sides on NM.
Adjd  to 09.07.2024 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: None for the plff.
Advocate  Metakari for defendant 1/BMC present.
Adv. D.N. Mishra for deft. No.2 present.
Court is busy in High Court time bound suit and part heard matter.
Hence, Matter is adjd  to 10.07.2024 for order.
LO
Adv. Pooja Mishra h/f adv. Acharya for plff. present.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Ms. Mishra for plaintiff present.
None for N-Ward BMC
None for D/2
The Court is busy in hearing of arguments in time bound suits No.875/2012 to 887/2012-No time
Adjd. to 25/7/2024 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Advocate Rajil Menon a/w Pooja Mishra  for plaintiff present.
Advocate Metakari     for defendant no. 1/BMC present.
None for D-2
Due to paucity of time, matter adjourned
Adjd  to  31.07.2024   for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: None present for plaintiff
Advocate Botlawar h/f  Metakari for defendant No.1/BMC present.
None present for D-2
As Court is busy in ch/s Order, due to paucity of time, hence matter adjourned.
Adjd  to 01.08.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: None present for plaintiff
Advocate Metakari for defendant No.1/BMC present.
None present for D-2
F.R.S. R. Following order is passed on Notice of Motion No. 1061/2020
ORDER
Notice of Motion is dismissed.
Adjd to  10.09.2024   for service of writ of summons
Nature Of Disposal: DISMISSED
Disposal Date: 01-08-2024

Additional Case Details

Additional Case Details
Filing Number: 103322/2020
Filing Date: 11-03-2020
First Hearing Date: 12th March 2020
Decision Date: 01st August 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
01 Aug 2024

Order Details: Notice of Motion Pdf Text: 1 N/M. No.1061/20 (L.C.S.No.1352/20) MHCC010030192020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION No.1061 OF 2020 IN LONG CAUSE SUIT No.1352/2020 Naeem Khan s/o. Banne Khan & 4 Ors. … Plaintiffs - Versus - 1] Municipal Corporation of Greater Mumbai 2] Rajgor Empire Premises Co-op-society Ltd. ... Defendants Appearance :- Ms. Bushra Sayyed, Advocate for plaintiffs. Mrs. Metakari, Advocate for defendant No.1/M. C. G. M. Mr. D. N. Mishra,…

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