Order Details: Other Pdf Text: 09.07.2024 Sr. No. 50 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 238/18 NM 1009/18 Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. Following Order passed in NM No. 1009/2018. -: ORDER :- 1. Considering the rival submissions, at the outset, it is to be noted that though, the notice dtd. 15.01.2018 is issued U/s.354 -A of the MMC Act, the…
NOTICE OF MOTION
Mr. Siddiqui Mohd Sabir S/o. Wahid Hussain SiddiquiVsMCGM
CNR MHCC01003319201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 09th July 2024
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 101009/2018
- Registration Date
- 08 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
- 1MCGM
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 20-03-2018 Business: As Court is busy in hearing Mediation matters. Hence, board is discharged. Matter adjd. to 02.05.2018 for N/M Reply/Rejoinder. Next Purpose: N/M FOR INJUNCTION Next Hearing Date: 02-05-2018 Date: 02-05-2018 Business: Advocate Mr. Mukesh Dubey for the Plaintiff present. Advocate Mr. Khandagle for BMC/deft present. Advocate for the Defendant seeks adjournment. Granted as a last chance. Earlier order to continue till next date. Matter adjd to 10.08.2018 for reply and passing no w.st order. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-08-2018 Date: 10-08-2018 Business: Court is vacant. Hence today board is discharged. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-10-2018 Date: 05-10-2018 Business: Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 06/12/2018. Earlier order to continue till next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-12-2018 Date: 06-12-2018 Business: Court is busy in hearing urgent matters, charge of CR no.08, hence board is discharged and case is adjourned Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2019 Date: 07-02-2019 Business: Advocate Mr. S. K. Dubey for Plaintiff present and submitted that, on next date he will tender registered Chamber Summons. Considering submission adjourned. Advocate for BMC/Deft present. Earlier order to continue till next date. Case is adjourned to 02/03/2019 for registered Chamber Summons. Next Purpose: NM FOR HEARING Next Hearing Date: 02-03-2019 Date: 02-03-2019 Business: Court is busy in hearing Notice of Motion in suit no.735/16 and dictating judgment in suit no.7320/88, hence case is adjourned to 04/05/2019. Earlier order to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 04-05-2019 Date: 04-05-2019 Business: The Case is adjd. To 25.07.2019 for reply to NM and Chamber Summons. Next Purpose: NM FOR HEARING Next Hearing Date: 25-07-2019 Date: 25-07-2019 Business: Court is on leave. Hence today board is discharged. Next Purpose: NM FOR HEARING Next Hearing Date: 20-09-2019 Date: 20-09-2019 Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned. Earlier order to continue till next date. 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 17.12.2019 for compliance. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-12-2019 Date: 17-12-2019 Business: Adv. Mukesh Dubey for Plaintiff, prayed for adjournment to serve copy of amended plaint to defendant. Adv. Mhatre for deft./MCGM present. Earlier order, if any, to continue till next date. Matter is adjd.for Service to 18.02.2020. Next Purpose: SERVICE Next Hearing Date: 18-02-2020 Date: 18-02-2020 Business: Adv. Mr. S.K. Dubey for plff., prayed for adjd. to serve copy of amended plaint to deft. Adv. Mrs. Tondwalkar for deft./MCGM present. Earlier order to continue till next date. Matter is adjd for service on 21.04.2020. Next Purpose: SERVICE Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 12-05-2020 Date: 12-05-2020 Business: National Lockdown Next Purpose: SERVICE Next Hearing Date: 01-06-2020 Date: 01-06-2020 Reason For Adjournment: National Lock Down Next Purpose: SERVICE Next Hearing Date: 18-06-2020 Date: 18-06-2020 Business: adjd.to Next Purpose: SERVICE Next Hearing Date: 28-08-2020 Date: 28-08-2020 Business: Adjd. to Next Purpose: SERVICE Next Hearing Date: 07-12-2020 Date: 07-12-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: SERVICE Next Hearing Date: 31-03-2021 Date: 31-03-2021 Next Purpose: SERVICE Next Hearing Date: 02-07-2021 Date: 02-07-2021 Business: Due to covid-19 matter adjourned to next date. Next Purpose: SERVICE Next Hearing Date: 30-08-2021 Date: 30-08-2021 Business: CORAM-H.H.J. SHRI.S.D. KULKARNI , (C.R.NO.08) (Matter pertains to C.R. No.11) Adv. Mukesh Dubey for plaintiff present. Adv. Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. for Service to 06.10.2021. Next Purpose: SERVICE Next Hearing Date: 06-10-2021 Date: 06-10-2021 Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (Matter pertains to C.R. No.11) Adv.Mukesh Dubey for plaintiff present. Adv. Mr. Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. For service to 15.11.2021. Next Purpose: SERVICE Next Hearing Date: 15-11-2021 Date: 15-11-2021 Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08) (Matter pertains to C.R. No.11) Adv. Mukesh Dubey for plaintiff present. Adv. Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. For service to 10.01.2022. Next Purpose: SERVICE Next Hearing Date: 10-01-2022 Date: 10-01-2022 Business: Adv. Mr. Priyank Shukla for plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present. Earlier order, if any, to continue till the next date. Adjourned for service to 04.03.2022. Next Purpose: SERVICE Next Hearing Date: 04-03-2022 Date: 04-03-2022 Business: Matter pertain to CR. No.11. Adv. M.K. Dubey for plaintiff present. Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present. Earlier order, if any, to continue till the next date. Adjourned for service to 13.04.2022. Next Purpose: SERVICE Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: Matter pertains to C.R.No.11. Adv. Mukesh Dubey for the plaintiff present. Adv. Khandagale for defendant/MCGM is present. Earlier Order, if any, to continue till the next date. Adjourned for service to 08.08.2022. Next Purpose: SERVICE Next Hearing Date: 08-08-2022 Date: 08-08-2022 Business: None present for plaintiff. Mr. Sanjay Kanthe -Clerk of the advocate appeared and filed amended copy of plaint. TOR. It is marked at Exh.03. O-Filed. Copy is supplied to the other side. Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance. Earlier order, if any, to continue till the next date. Adjourned for NM reply and WS to 01.10.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-10-2022 Date: 01-10-2022 Business: Adv. Mukesh Dubey for the plaintiff is present and orally requested for time to verify and file original registered NM No. 365/2018. 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 posted for no reply no WS Order against the defendant. Earlier order, if any, to continue till the next date. Adjourned for no reply no WS Order to 21.12.2022. Next Purpose: ORDER Next Hearing Date: 21-12-2022 Date: 21-12-2022 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (No reply) to 15.02.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 15-02-2023 Date: 15-02-2023 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. S.C. Khandagale for defendant/MCGM is present. The Court is busy in hearing on urgent praecipe matters. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (no reply) to 06.04.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 06-04-2023 Date: 06-04-2023 Business: Matter pertains to C. R. No. 11 Adv. Mukesh Dubey present for the plaintiff. Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order to continue till next date. Adjourned for NM Hearing to 12.06.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 12-06-2023 Date: 12-06-2023 Date: 28-07-2023 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue NM. Time is granted. Adv. Mr. G.O. Giri for defendant/MCGM is present. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No reply) to 27.09.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 27-09-2023 Date: 27-09-2023 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents on NM. Time is granted. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No WS) to 03.11.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 03-11-2023 Date: 03-11-2023 Business: None present for the plaintiff. Adv. Mr. Giri for defendant/MCGM is present and requested time to file documents. Time is granted. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No WS) to 22.12.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 22-12-2023 Date: 22-12-2023 Business: None present for the plaintiff. Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents in NM. Time is granted. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No WS) to 09.02.2024. Next Purpose: NM FOR HEARING Next Hearing Date: 09-02-2024 Date: 09-02-2024 Business: None present for the plaintiff. Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file documents. Time is granted. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No WS) to 10.04.2024. Next Purpose: NM FOR HEARING Next Hearing Date: 10-04-2024 Date: 10-04-2024 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and tendered registered NM No. 365/2018 (disposed of) along-with affidavit. He filed original writ of summons. Taken on record. It is marked as Exhibit 3. O- Filed. He sought time to argue the NM. Time is granted. Adv. Mr. G.O. Giri for defendant/MCGM is present. Earlier order, if any, to continue till next date. Adjourned for NM hearing (No reply) to 19.06.2024. Next Purpose: NM FOR HEARING Next Hearing Date: 19-06-2024 Date: 19-06-2024 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and not pressed NM No. 365/2018. Hence, NM No. 365/2018 stands disposed of. Adv. Mr. Arvind Rathod for defendant/MCGM is present. Heard both the sides on NM No. 1009/2018. Earlier order, if any, to continue till next date. Adjourned for NM Order to 09.07.2024. Next Purpose: NM ORDERS Next Hearing Date: 09-07-2024 Date: 09-07-2024 Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. Following Order passed in NM No. 1009/2018. - ORDER - 1. Considering the rival submissions, at the outset, it is to be noted that though, the notice dtd. 15.01.2018 is issued U/s.354 -A of the MMC Act, the record is silent to infer that at the relevant time, such construction was in progress. Needless to mention that once the construction is complete, the provisions of Section 354-A of the MMC Act have no application. Nor, the said provisions are to do with the question of demolition. This aspect was also considered on 12.02.2018, when this Court prima facie held that the sturcture was complete and directed the parties to maintain the status-quo. However, thenceforth, there had been no change in the scenario as the defendant did not prefer to contest this NM. In the result, I am of the opinion that the earlier interim order needs to be continued, restraining the defendant to proceed as against the notice structure, except by following the due process of law. In view of these terms, NM No. 1009/2018 stands disposed of. Adjourned for R/E (No WS) to 21.08.2024. Nature Of Disposal: OTHERWISE Disposal Date: 09-07-2024
Additional Case Details
Additional Case Details
Filing Number: 103274/2018 Filing Date: 08-03-2018 First Hearing Date: 20th March 2018 Decision Date: 09th July 2024 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
09 Jul 2024
Order 1Full order available
09 Jul 2024
Order Details: Other Pdf Text: 09.07.2024 Sr. No. 50 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 238/18 NM 1009/18 Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. Following Order passed in NM No. 1009/2018. -: ORDER :- 1. Considering the rival submissions, at the outset, it is to be noted that though, the notice dtd. 15.01.2018 is issued U/s.354 -A of the MMC Act, the…
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