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NOTICE OF MOTION

Mr.Usmani Shakeel SamshadVsMCGM

CNR MHCC01003404201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th September 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101049/2018
Registration Date
12 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-03-2018
    Business: Adv Mukush Dubey for Plaintiff present.
    Adv Khandagale for BMC present.
    Earlier order to continue.
    Matter adjd to 27-03-2018 for ad-interim hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2018
    
    Date: 27-03-2018
    Business: (Incharge Court of C. R. No. 11)
    Adv. Mr. Mukesh Dubey for the Plaintiff present.
    Advocate Mrs. Hajare for BMC/deft. present.
    Earlier order to continue till next date.
    Matter adjd to 02.05.2018 for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Advocate Mr. Mukesh Dubey for the Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/deft present.
    Original N/M no. 1049/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Original writ of summons tendered by the Plaintiff. t.o.r.
    Earlier order to continue till next date.
    Matter adjd to 5.07.2018 for reply to N/M by the Defendant/ w.st by the Defendant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Adv Mukesh Dubey for plaintiff present.
    Adv Khandagale for def/BMC present.
    Earlier order to continue till next date.
    At the request of adv for def/BMC matter adjourned to 24.09.2018  for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Advocate for Plaintiff
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Earlier order to continue till next date.
    Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18  and 1407/18, hence board is discharged and case is adjourned to  14/11/2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Advocate Mr. Mukesh Dubey for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft present and sought time to file reply.  Granted.
    Earlier order to continue till next date.
    Case is adjourned to 26/03/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: As court is busy in NM hearing in suit No. 1406/17. The Board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 27.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: (Incharge Court of C. R. No. 11)
    Adv. Dubey for Plaintiff present.
    Adv. Mhatre for BMC present.
    Earlier order to continue till next date.
    Matter adjd to 14.10.2019 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: None for plaintiff.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 10.01.2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2020
    
    Date: 14-10-2019
    Business: None for plaintiff.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 10.01.2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Mr. Mukesh Dubey for plaintiff present.
    Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 06.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Mr. S.K. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for on NM reply on 21.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Mukesh Dubey for plaintiff present.
    Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present and requested for short adjournment to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 26/02/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Due to surge in Covid-19 matter is adjourned to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    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 NM reply to 25.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    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.Mr.Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Reply to 10.12.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    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 NM reply to 02.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 11.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present. She is called upon to supply copy of NM reply to plaintiff.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 15.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Mr. Rajnish Upadhya h/f Adv.Mr. S.K Dubey for plaintiff present.
    Adv. Mr. Khandagale for defendant/MCGM is present and supplied copy of NM reply to the advocate for plaintiff.
    Adjourned for NM hearing to 30-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for NM hearing to 28.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Mukesh Dubey for the plaintiff is present. He informed that even after issuance of notices to the plaintiff, he did not turn-up to proceed with the matter. It seems that he is not interested in the suit.
    Adv. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
          In view of the statement of learned advocate, it seems that even after issuance of repeated notices, the plaintiff is not worried to proceed further in the matter. In the result, the suit stands dismissed in default. NM No. 1049/2018 along-with all the pending application are consequently disposed of. The plaintiff is called upon to bear costs of the suit. Bill of costs be drawn-up accordingly. The proceeding stands closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103604/2018
    Filing Date: 12-03-2018
    First Hearing Date: 19th March 2018
    Decision Date: 28th September 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    28 Sept 2022
    Order Details: Other
    Pdf Text: 28.09.2022
    Sr. No. 51
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 551/18
    NM 1049/18
    Adv. Mukesh Dubey for the plaintiff is present. He informed that
    even after issuance of notices to the plaintiff, he did not turnup to
    proceed with the matter. It seems that he is not interested in the
    suit.
    Adv. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
    In view of the statement of learned advocate, it seems that even
    after issuance of repeated notices, the plaintiff is not worried to
    proceed further in the matter. In the result, the suit stands
    dismissed in default. NM No. 1049/2018 alongwith all the pending
    application are consequently disposed of. The plaintiff is called
    upon to bear costs of the suit. Bill of costs be drawnup accordingly.
    The proceeding stands closed.
    Judge
    -- 1 of 1 --
    Order 1
    28 Sept 2022
    Order Details: Other
    Pdf Text: 28.09.2022
    Sr. No. 51
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 551/18
    NM 1049/18
    Adv. Mukesh Dubey for the plaintiff is present. He informed that
    even after issuance of notices to the plaintiff, he did not turnup to
    proceed with the matter. It seems that he is not interested in the
    suit.
    Adv. Khandagale for defendant/MCGM is present.
    Order below exhibit No. 01:
    In view of the statement of learned advocate, it seems that even
    after issuance of repeated notices, the plaintiff is not worried to
    proceed further in the matter. In the result, the suit stands
    dismissed in default. NM No. 1049/2018 alongwith all the pending
    application are consequently disposed of. The plaintiff is called
    upon to bear costs of the suit. Bill of costs be drawnup accordingly.
    The proceeding stands closed.
    Judge
    -- 1 of 1 --

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