TrustJury record updated 10 Sept 2026
Not available
Date: 09-03-2018
Business: HHJ is on leave. Hence board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2018
Date: 27-04-2018
Business: Plaintiff present. Advocate absent.
Advocate Mr. Khandagle for BMC/deft present.
Matter adjd to 25.07.2018 for written statement.
LO at 4.00p.m.
Advocate Ms. Kanchan Dubey Ashish Mishra for Defendant nos. 2 and 3 present.
Original N/M no. 965/18 alongwith affidavit in support tendered by Defendant nos. 2 and 3. t.o.r.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-07-2018
Date: 25-07-2018
Business: Plaintiff present.
Adv for plaintiff absent.
Adv Hajare for def/BMC present.
Adv Pal h/f adv Aashish Mishra for def nos.2 and 3 present.
KB
LO at 3.00 pm
Plaintiff present.
Adv for plaintiff absent.
Adv Aashish Mishra for def no.2 and 3 present.
Adv Hajare for def/BMC present.
LO at 3.40 pm
Plaintiff present.
Adv for plaintiff absent.
Adv Aashish Mishra for def no.2 and 3 present.
Adv Hajare for def/BMC present.
Adjourned to 21.08.2018 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2018
Date: 21-08-2018
Business: Matter adjd.for Written statement of def. no. 1 to 5.10.18.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 04-11-2018
Date: 04-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Advocate Mr. Salunkhe h/f Adv. R. P. Singh for Plaintiff present.
Advocate Mr. Ashish Mishra for Defendant no.2 and 3 present and served NM upon Plaintiff.
Learned advocate for Defendant no.2 and 3 also filed registered Notice of Motion no.4254/18 along with affidavit in support for condonation of delay for filing Written Statement. Leave granted. Copy served to Plaintiff.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier order to continue till next date.
By consent, case is adjourned to 29/11/2018 for reply/hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Adv. Vaibhav Salunkhe for Plaintiff present and file reply to Notice of Motion no. 965/18 and 4254/18. Copy of reply is served on all defendants.
Adv. Vikram Valavakar for BMC/Deft.present.
Adv. Kanchan Dube for Deft.no. 2 and 3 present.
Case is adjourned to 20.12.2018 for Notice of Motion hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Business: Advocate Mr. R. P. Singh for Plaintiff present.
Advocate Ms. Kanchan Dubey for Defendant no.2 and 3 present
Advocate Ms. Hajare for BMC/Deft present.
Court is busy in dictating order on Notice of Motions in suit no.1786/09 and suit no.1827/09 as well as court has to hear urgent matters, hence case is adjourned to 05/02/2019 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Advocate RP Singh present for Plaintiff.
Advocate Mr. Ashsish Mishra for defendant no. 2 present.
Advocate Mrs. Hajare for BMC/Deft no. 1 present.
Case is adjourned to 13/02/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Court is busy in hearing Chamber Summons in suit no.825/18 and Court has to hear urgent matters, hence case is adjourned to 27/02/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Plaintiff present and submitted that, his advocate is returning back to Mumbai by train after attending marriage of his relative, hence matter may be adjourned. Considering submissions adjourned as a last chance.
Advocate Mr. Asish Mishra for Defendant no.2 and 3 present.
Advocate for BMC/Deft present.
Case is adjourned to 02/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Plaintiff present. His advocate absent.
Advocate Ms. Ashish Mishra for Defendant no.2 and 3 present
Advocate Mr. Walavalkar for BMC/Deft present.
L.O.
Adv. Mr. Singh for plaintiff present.
Advocate Ms. Ashish Mishra for Defendant no.2 and 3 present.
Advocate Mr. Walavalkar for BMC/Deft present.
Heard arguments of advocate Mr. Singh for Plaintiff who has referred documents annexed to the plaint along with order passed by Hon\''ble High Court in civil application no.5633/1988 and order passed by Hon\''ble Apex Court in civil appeal no.355-356/1999. Advocate Mr. Singh has also filed documents received by Plaintiff under Right to Information Act showing that Defendant/BMC has not obtained leave from Hon\''ble High Court for issuing disputed notice though appeal no.650/08 is pending before Hon\''ble High Court. It is argued that Defendant no.2 was not party to NM No.1377/16 and for disposing said NM Defendant/BMC has given consent therefore bar under 23 of CPC will operate against Defendant no.2 for setting aside order passed by the Court with the consent of the parties to said proceeding. Lastly, it is argued that notice of motion taken out by Defendant no.2 are necessary to be dismissed.
Advocate Mr. Walavalkar argued that in paragraph no.10 of the plaint Plaintiff has referred speaking order passed by BMC in pursuance of disputed notice but said order is not challenged in the suit, hence Plaintiff is not entitled for any protection from the court. It is further argued that BMC is empowered to issue fresh notice u/s 351 of BMC Act, if alteration or addition is made in already protected structure. Advocate Mr. Walavalkar referred documents at page no.80 and 82 and argued that in point no.4 from page no.80 measurements are given those documents and therefore measurements given in disputed notice will have to be considered.
In reply, advocate Mr. Ashish Mishra for Defendant no.2 argued that as Defendant no.2 was not party to NM No.1377/16, after his appearance in the matter he came to know about order passed by the Court and therefore only he has challenged said order.
Case is adjourned to 13/03/2019 for NM order
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Advocate Mr. Salunkhe for Plaintiff present.
Advocate for BMC/Deft present.
None present on behalf of Defendant nos.2 and 3.
F.R.S.R. following order has passed -
ORDER ON N/M NO.965/18
N/m no.965/2018 stands dismissed/disposed off.
ORDER ON N/M NO.4254/2018
Notice of Motion No.4254 of 2018 is made absolute in terms of prayer clause a and b of Notice of Motion, subject to cost of Rs.3700/- to be paid to Plaintiff.
Case is adjourned to 28/03/2019 for Compliance.
Nature Of Disposal: DISMISSED
Disposal Date: 13-03-2019Filing Number: 103582/2018 Filing Date: 07-03-2018 First Hearing Date: 09th March 2018 Decision Date: 13th March 2019 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 965 OF 2018 (CNR NO. MHCC010032332018) IN L.C. SUIT NO. 735 OF 2016 Deepak Namdev Salunkhe .. Plaintiff Versus Mumbai Municipal Corporation of Gr. Bombay and Ors. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 13th March 2019 Mr. Ashish Mishra, ld. adv. for defendant nos. 2 and 3, Mr. R P Singh, ld.…
Order Details: Notice of Motion Pdf Text: - 1 - IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 965 OF 2018 (CNR NO. MHCC010032332018) IN L.C. SUIT NO. 735 OF 2016 Deepak Namdev Salunkhe .. Plaintiff Versus Mumbai Municipal Corporation of Gr. Bombay and Ors. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 13th March 2019 Mr. Ashish Mishra, ld. adv. for defendant nos. 2 and 3, Mr. R P Singh, ld.…
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