Order Details: Other Pdf Text: 08.08.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 421/18 Exh. 10. Mentioned by preciepe. NOB TOB. Adv. Deepali Bagla for plaintiff present. Adv. Ms. Rawade for MCGM present. Ld. Adv. for the plaintiff tendered application for withdrawal of the suit. TOR and marked at Exh. 10. CA of the plaintiff Haris Abdul Salam Monin is present along with original power of attorney of which xerox copy is filed on record. (Verified from…
NOTICE OF MOTION
Yasmin Aspi IraniVsMCGM +2 more
CNR MHCC0100304220185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 08th August 2023
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100887/2018
- Registration Date
- 01 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 13-03-2018
Business: Resumed.
Adv. Mayank Bagla for plaintiff and Adv. Dhumale for BMC are present.
Adv. Bagla tenders registered NM No. 887/2018.
Adv. Mayank submits that the plaintiff has already filed reply before the designated officer on 02.01.2018, however the order is not yet passed and hearing is also not given to the plaintiff . Adv. Dhumale submits to seek instructions and make submissions. In the circumstance the interim protection granted on 20.02.2018 is extended till the next date with a direction to the plaintiff to observe all safety measures at the suit site.
Adjd. for compliance to 27.03.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2018
Date: 27-03-2018
Business: Resumed.
The P.O. is busy in hearing of Stamp No. 4498/2018 and Suit No. 844/2018 and Judgment in Sessions Case No. 768/2017. For want of time the board is discharged. Earlier order if any to continue till the next date
Adjd. for compliance to 05.04.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: Resumed.
Adv. Ramesh Tiwari for plaintiff, Adv. Dhumale for BMC seeks time to file reply. Granted till next date. Adv. Tiwari submits that the D.O. has not yet passed order. Earlier order if any to continue till the next date.
Adjd. for NM reply to 10.04.2018
Next Purpose: REPLY
Next Hearing Date: 10-04-2018
Date: 10-04-2018
Business: Resumed.
Adv. Mayank Bagla for plaintiff and Adv. Dhumale for BMC seeks time to file reply the NM No. 887/2018. Time granted as last chance. Earlier order if any to continue till the next date.
Adv. Gautam Tiwari for intervener seeks leave to take out Ch/s. He files Ch/s and affidavit and Vakalatnama. Leave to register is granted.
Adjd. For reply to Ch/s as well as NM reply and arguments to 19.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2018
Date: 19-06-2018
Business: Resumed.
Adv. Rashmi Arabekar for plaintiff, Adv. Dhumale for MCGM are present.
Adv. Pratik Pareja for intervenor tenders registered Ch/s 750 of 2018.
Adv. Rashmi seeks time to file reply to Ch/s No. 750 of 2018 and undertakes to serve its copy to the intervenor in advance.
She further submits that the concerned designated officer has not yet passed order pursuant to impugned notice. The concerned designated officer to remain present before the Court on next date.
Earlier order if any to continue till the next date.
An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties.
Adjd for reply to Ch/s and NM and arguments on NM to 17.07.2018.
Next Purpose: REPLY
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Resumed.
Adv. Mayank Bagla for plaintiff and Adv. Anush Dave i/b Probus Legal for applicant and Adv. Dhumale for MCGM are present.
Adv. Bagla filed the reply to Ch/s. O - R and R.
Heard, respective advocates.
FRSR the following order is passed on Ch/s No.750/2018.
ORDER
1. Chamber Summons No. 750 of 2018 is dismissed.
2. Parties to bear their respective costs of summons.
Adjd for NM arguments to 09.08.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: Resumed.
Adv. Bagla for plaintiff is present.
Adv. Rawade h/f adv. Dhumale seeks time to file reply. Granted as last chance.
Earlier order if any to continue till the next date.
Adjd for NM reply to 11.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Resumed.
The P.O. is busy in orders on NM no. 312/2018 in Suit No. 2766/2017.
Adjd for NM reply to 15.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: Resumed.
Adv. Mayank Bagla for plaintiff is present. Adv. Dhumale for MCGM seeks time to file reply. Granted as last chance.
Earlier order if any to continue till the next date.
Adjd for NM reply to 10.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Resumed.
Adv. Rashmi Arambekar for plaintiff present.
Earlier order if any to be continue till the next date.
Adjd for NM reply rejoinder to 07.03.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Rupali Bagla for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
The Ld. Adv. Rawade for seeks time to file reply. Time Granted.
Earlier order if any to continue till the next date.
Matter adjd. to 18.4.19 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Adv.Ramesh Tiwari for plaintiff present.
Adv.Shri Dhumale for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 11.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Matter Pertains to C.R. No. 5.
Adv.Ramesh Tiwari for plaintiff Present.
Earlier order to continue till the next date.
Adjd to 22/08/2019 for N.M. Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv.S.M.Nagpurkar for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
NM Reply filed.
Earlier order if any to continue till the next date.
Matter adjd to 29.08.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Adv. Bagla for plaintiff present and filed Chs. No. 1395/19 @ Affidavit.
Earlier order if any to continue till the next date.
Board Discharged hence Matter adj. To 17-09-2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Plaintiff and Adv. Mr. Mayank present.
Adv. Ms. Dhuri with Adv. Mr. Vyas for defendant/MCGM present.
F. R. S. R. following order is passed on Chamber summons no. 1395 of 2019
O R D E R
1. The chamber summons no. 1395 of 2019 is accordingly allowed.
2. The plaintiff is carry out the amendments within 2 weeks from the date of the order.
3. The Chamber summons stands disposed off.
4. The plaintiff to provide the copy of the amended plaint to the defendant corporation.
Earlier order if any to continue till the next date.
Matter adjd to 17/10/2019 for hrg. On N/M.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-10-2019
Date: 17-09-2019
Business: Plaintiff and Adv. Mr. Mayank present.
Adv. Ms. Dhuri with Adv. Mr. Vyas for defendant/MCGM present.
F. R. S. R. following order is passed on Chamber summons no. 1395 of 2019
O R D E R
1. The chamber summons no. 1395 of 2019 is accordingly allowed.
2. The plaintiff is carry out the amendments within 2 weeks from the date of the order.
3. The Chamber summons stands disposed off.
4. The plaintiff to provide the copy of the amended plaint to the defendant corporation.
Earlier order if any to continue till the next date.
Matter adjd to 17/10/2019 for hrg. On N/M.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-11-2019
Date: 17-10-2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Plaintiff and Adv. Mr. Mahesh present and filed registered notice of motion no. 3992/2019 alongwith affidavit t.o.r.s
Adv. Mr. D. K. Vyas alongwith Adv. Mrs. Rawade for defendant/MCGM present.
Heard arguments.
Earlier order if any to continue till the next date.
Matter adjd to 16/11/2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 16-11-2019
Date: 07-11-2019
Business: Plaintiff and Adv. Mr. Mahesh present and filed registered notice of motion no. 3992/2019 alongwith affidavit t.o.r.s
Adv. Mr. D. K. Vyas alongwith Adv. Mrs. Rawade for defendant/MCGM present.
Heard arguments.
Earlier order if any to continue till the next date.
Matter adjd to 16/11/2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Plaintiff and Adv. Mr. Bagla present.
Adv. Mrs. Dhuri/Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 19/11/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Plaintiff and Adv. Mr. Bagla present.
Adv. Mrs. Dhuri/Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 21/11/2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Mr. Bagla for plaintiff present.
Adv. Mrs. Dhuri for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion no. 3992/2019.
O R D E R
The Notice of Motion no. 3992/2019 is dismissed
L. O. at 05 00 p.m.
Adv. For plaintiff filed an application for extension of stay t.o.r. and marked as Exh.
Order- EOC extended for two weeks to prefer appeal.
Matter adjd to 17/12/2019 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv Rawde for BMC/deft present.
Adv Ms.Bagla for Plaintiff present.
Matter adjd to 21/01/2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Ms. Rupali Bagla for the plaintiff present.
Adv. Mrs. Rawade for the defendant MCGM Present.
Matter is adjd to 29/02/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
N/m reply is treated as Written Statement.
Matter is adjd to 01/07/2020 for framing issues.
L. O. at 11.45 am.
Adv. Mr. Bagla for plaintiff present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Covid-19, adjd to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present for plaintiff.
Adv Smt.Rawade for MCGM/defendant present.
Matter adjourned for steps to 19.01.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Court is on CSIC Training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv Bagla present for plaintiff.
Adv Rawade present for MCGM/defendant no.1 to 3.
Adv of plaintiff submitted that he wants to collect document whether plaintiff filed application for regularization as per the directions of Hon\''ble High Court.
Matter adjourned for steps to 27.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: As court is busy in order on Chamber summons 377/2019 in Suit no. 2505/2011 and hearing urgent arguments in Suit No. 1600/2016 and in By Praciepe Suit St. No. 6122/21 hence, remaining board is discharged and matter is adjd. to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Bagla present for plaintiff and sought adjournment.
Adv. Bibhishan Sutar present for MCGM/defendant.
Matter adjourned for making submission about regularization /taking steps as last chance to. 21/10/21
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Deepali present for plaintiff
Adv. Vidya Vyavahare present for MCGM/defendant.
Matter adjourned for taking steps to. 30/11/21.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: None Present For Plaintiff.
Adv. Sutar present for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for steps to. 14/01/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: matter is already adjd. to 14/01/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjd.to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: The Court is busy in urgent matters and orders hence, for want of time following board discharged.Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Court is busy in urgent hearing matters i.e. Suit No. 4843 of 2009, Suit No. 6126/03 and Suit No. 4688/16 and dictating orders in Suit No. 3068/2008 and Suit No. 1611/2022. Hence want of time board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv Bagla for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
It reveals from the record that Hon\''ble Bombay High Court has directed the corporation not to take any coercive steps in furtherance of impugned notice till representation of Plaintiff for regularization is decided. Said order has been passed in appeal from order (ST No. 30711/2019).
It reveals that yet the parties has not made it clear whether regularization application has been moved by the Plaintiff and decided by the corporation or not. Both parties are directed to make necessary submission in writing on next date without fail.
Matter is adjd for steps on 29-11-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv Dipali Bagla for Plaintiff present.
Adv. Mr. Bibhishan Sutar @ Adv Vyas for MCGM/ defendant present.
Matter is adjd for taking steps on 31-01-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: As court is busy in dictating judgment in Suit No. 72 of 2007. Hence want of time board is discharged.
Matter is adjd for steps on 07-02-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. St. No. 510/2022 and dictating in order in L.C. Suit No. 2498/17. Hence want of time board is discharged.
Matter adjourned for taking steps on 01-04-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: WRONGLY ON BOARD.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Bagla for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Both parties are directed to report as to the regularization of the suit premises on next date.
Matter is adjd to 17.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Mentioned by preciepe. NOB TOB.
Adv. Deepali Bagla for plaintiff present.
Adv. Ms. Rawade for MCGM present.
Ld. Adv. for the plaintiff tendered application for withdrawal of the suit. TOR and marked at Exh. 10.
CA of the plaintiff Haris Abdul Salam Monin is present along with original power of attorney of which xerox copy is filed on record. Verified from the original. The plaintiff do not want to proceed with the suit in view of the statement made by the officer of defendant no. 1/MCGM which has been recorded in the roznama dtd. 20.04.2023 and therefore, the plaintiff wants to withdraw the suit. Hence, in terms of the application Exh. 10 following order is passed-
ORDER
1. Suit stands disposed off in terms of the statement made by the officer of the defendant no. 1 on 20.04.2023.
2. In view of withdrawal of the suit in terms of application Exh. 10 proceeding stands disposed off for want of prosecution.
3. L. C. Suit No. 421 of 2018 stands disposed off accordingly.
4. In view of disposal of suit, N/M No.887/2018 stands disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 08-08-2023Additional Case Details
Additional Case Details
Filing Number: 103437/2018 Filing Date: 01-03-2018 First Hearing Date: 13th March 2018 Decision Date: 08th August 2023 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
08 Aug 2023
Order 1Full order available
08 Aug 2023
Order Details: Other Pdf Text: 08.08.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 421/18 Exh. 10. Mentioned by preciepe. NOB TOB. Adv. Deepali Bagla for plaintiff present. Adv. Ms. Rawade for MCGM present. Ld. Adv. for the plaintiff tendered application for withdrawal of the suit. TOR and marked at Exh. 10. CA of the plaintiff Haris Abdul Salam Monin is present along with original power of attorney of which xerox copy is filed on record. (Verified from…
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