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NOTICE OF MOTION

Mohammed Ismail Gulam ShaikhVsMunicipal Corporation of Gr. Mumbai +1 more

CNR MHCC0100343720185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th October 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101058/2018
Registration Date
12 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 02-04-2018
    Business: Resumed.
    Adv. Ranjan Diwedi for plaintiff tenders Ch/s with affidavit for amendment.  He served the copy of Ch/s to defendant corporation.  Leave to register is granted.
    Adv. Anup Bagla for applicant society tenders registered NM NO. 1058/2018 for restoration of Ch/s No. 1738/2015 with affidavit.  He undertakes to serve the copies of NM to both the plaintiff and defendant.
    Adjd. for reply of Ch/s and NM to 20.06.2018.
    Next Purpose: REPLY
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of ad-interim in Stamp No. 8070/2018 and hearing of final arguments in suit No. 4040 of 2006 and 3284 of 2007.  For want of time the board is discharged.
    Adjd for NM reply to 01.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in High Court time bound matter i.e. 2187/2006 and 3169/2006 and recorded statement of accused in sessions case no. 421/2016 and other ad-interim matters.
    Adjd for NM reply to 29.08.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in sessions Case No. 589/2017 and hearing of NM No. 698/2018 in Suit No. 402/2018.  for want of time the board is discharged.
    Adjd for NM reply to 24.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Resumed.
    The P.O. is busy in final arguments of Suit No. 2076/2005 and Suit No. 2324/2005 and ad-interim matters i.e. suit no. 2795/2018.  For want of time the board is discharged.
    Adjd for NM reply to 21.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: Resumed.
    Adv. Dwivedi filed Ch/s no. 658/2018 with affidavit. TOR.
    The P.O. is busy recording evidence in Sessions Case no. 260/2017.
    Adjd for Ch/s reply to 27.02.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv.Ranjeet Dwivedi for plaintiff present.
    Adv. Mr. Patil for defendant no. /MCGM present.
    Matter adjd. to 16.3.19 for Chs Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: As Court is busy in recording evidence in S.C.231/18, S.C.329/18, dictating Charge in S.C.561/97 and also dictating order in notice of motions and chamber summons, hence, board is discharged.
    Matter adjd to 08.04.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2019
    
    Date: 16-03-2019
    Business: As Court is busy in recording evidence in S.C.231/18, S.C.329/18, dictating Charge in S.C.561/97 and also dictating order in notice of motions and chamber summons, hence, board is discharged.
    Matter adjd to 08.04.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2019
    
    Date: 16-03-2019
    Business: As Court is busy in recording evidence in S.C.231/18, S.C.329/18, dictating Charge in S.C.561/97 and also dictating order in notice of motions and chamber summons, hence, board is discharged.
    Matter adjd to 08.04.2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: None for plaintiff.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Adv.Ramesh Tiwari for applicant present.
    Matter adjd to 12.06.2019 for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2019
    
    Date: 08-04-2019
    Business: None for plaintiff.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Adv.Ramesh Tiwari for applicant present.
    Matter adjd to 12.06.2019 for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2019
    
    Date: 08-04-2019
    Business: None for plaintiff.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Adv.Ramesh Tiwari for applicant present.
    Matter adjd to 12.06.2019 for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. Yogesh  for applicant present.
    Adv. Mr. Pradeep Patil/ Adv. Mrs. Tondwalkar for defendant/
    MCGM present.
    Adjd. to 10.07.2019  for hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: PO is  on training program at Uttan, hence, board discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Court is busy in NM Order Suit no. 3949/13
    hence Board discharged
    Matter is adj.  to 11-10-2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: PO is gone to Nashik for attending conference.  Hence board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2019
    
    Date: 11-10-2019
    Business: PO is gone to Nashik for attending conference.  Hence board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2019
    
    Date: 11-10-2019
    Business: PO is gone to Nashik for attending conference.  Hence board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
    Matter adjd to 29/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-01-2020
    
    Date: 27-11-2019
    Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
    Matter adjd to 29/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2020
    
    Date: 27-11-2019
    Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
    Matter adjd to 29/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Plaintiff and Advocate absent.
    Adv. Mr. Nandanwar for the defendant  MCGM  present
    Matter is adjd to  31/01/2020 for hrg./order on n.m.
    L. O. at 04 15 p.m.
    Adv. Ms. Rashmi Tambadkar for the applicant present.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-01-2020
    
    Date: 29-01-2020
    Business: Plaintiff and Advocate absent.
    Adv. Mr. Nandanwar for the defendant  MCGM  present
    Matter is adjd to  31/01/2020 for hrg./order on n.m.
    L. O. at 04 15 p.m.
    Adv. Ms. Rashmi Tambadkar for the applicant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 29-01-2020
    Business: Plaintiff and Advocate absent.
    Adv. Mr. Nandanwar for the defendant  MCGM  present
    Matter is adjd to  31/01/2020 for hrg./order on n.m.
    L. O. at 04 15 p.m.
    Adv. Ms. Rashmi Tambadkar for the applicant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Mr. Rashmi for plaintiff present.
    Adv. Mr. Suryavanshi/Nandanwar for the defendant  MCGM  present
    F. R. R. S. R. Following order is passed on Chamber Summons No. 658/2018
                               O R D E R
    The Chamber Summons no. 658/2018 is allowed.
    Matter is adjd to 14/02/2020 for .
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. Nandanwar for MCGM/deft present.
    Matter is adjd to 09/03/2020 for orders against plff.
    L. O. at 05.10 p.m.
    Adv. Ms. Rashmi Tambadkar for applicant present.
    Matter is adjd to 09/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv. Mr. Murthy for plaintiff present.
    Adv. Ms. Rashmi Tamhankar for applicant present.
    Adv. Mr. Suryavanshi for MCGM/deft present.
    Matter is adjd to  03/04/2020 for order on n.m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-07-2020
    
    Date: 08-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Business: None present for plaintiff.
    Adv Chandra More for MCGM/defendant present.
    Matter adjourned for NM arguments to 14.08.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: None present for plaintiff.
    Adv Smt. Rawade for MCGM/defendant present.
    Matter adjourned for NM hearing to 05.09.2020.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Plaintiff and adv absent.
    Adv Smt. Rawde for MCGM/defendant present.
    Matter adjourned for NM arguments to 03/11/2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi/Nandanwar present for MCGM/defendant.
    Matter adjourned for NM arguments to 18.12.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: As P.O. is on leave, hence matter is adjd to.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv  for plaintiff absent.
    Adv. Wagala present for applicant in ch/s.
    Adv  Nandanvar present for defendant/BMC
    Matter adjourned for service affidavit to 03/03/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None present for plaintiff.
    Adv Soraan/Nandanwar present for MCGM/defendant.
    Adv Bagla present for third party applicant and tendered affidavit of service.
    Matter adjourned for arguments on service to 05.04.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Board is discharged due to covid-19 pandamic.
    Matter adjourned for R.e. to. 03-05-2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to covid-19 pandemic matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    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: RECORDING EVIDENCE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: As presiding officer is on leave hence matter is adjd.to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for plaintiff.
    Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
    As court is busy in hearing argument in suit no. 2513/21 and dictating order on chs. no. 1201/17 in suit no. 1411/17 and order on nm no. in suit no. 1212/2010. Hence, Matter adjourned for RE to.  16-02-2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Alok Bagla present  for plaintiff.
    Adv. Diwate present  for MCGM/defendant.
    As per request, Matter adjourned for to 28/03/22 .
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: As court is busy.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: P.O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: None for Plaintiff.
    Adv. Adv.Vyas @ Adv Mr. Diwate for MCGM/ defendant  present.
    Plaintiff is absent. He is directed to appear and proceed further on next date without fail.
    Matter is adjd for RE on 18-11-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Plaintiff to appear and proceed further on next date without fail.
    Matter is adjd for RE on 01-02-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Plaintiff is directed to appear and lead evidence on next date without fail.
    Adv Bagla for applicant in NM is present.
    Matter is adjd for RE on 16-03-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: None for Plaintiff.
    Adv Pradeep Patil for defendant/MCGM present.
    Today court is busy in judgment dictating in Suit No. 1017 of 2009, Suit No. 1018 of 2009, Suit No. 1019 of 2009 and Suit No. 2610 of 2009 and final argument in SC No. 440 of 2019.
    Matter is adjd for RE on 17-07-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    It appears from record that on 03.03.2018, draft NM (registered NM No.1058/18) was taken out by the applicant for restoration of Ch/s No. 1738/15. However, till this date no steps are taken to proceed with the NM and the applicant and his advocate continuously remained absent.
    Hence, NM No. 1058/2018 be kept for passing dismissal order.
    Matter is adjd to 09.08.2023 for passing dismissal order on NM No. 1058/18.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: None for Plaintiff.
    Adv. Bagla for intervenor present.
    Adv. Pradip Patil for MCGM present.
    Plaintiff and his advocate are absent. Heard arguments of Ld. Adv. for intervenor on NM No. 1058/18.
    Matter is adjd  to 30.08.2023 for order on NM No. 1058/18.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in hearing final arguments in Suit No. 3098/08 and other matters. Hence, adjourned.
    Matter is adjd to 12.09.2023 for order on NM No. 1058/18.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    The P.O. is busy in recording evidence in Suit No. 1136/11, 1607/11 and 3349/14 and hearing final arguments in Suit No. 971/10 and Suit No. 2657/15. Hence, adjourned.
    Matter is adjd  to 06.10.2023  for NM Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in High Court Time bound matter i.e. SU 1019/22 and urgent ad-interim LC Suit No. 2312/23 and dictation in other two High Court time bound matters. Hence, adjourned.
    Matter is adjd  to 25.10.2023 for order on NM No. 1058/18.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: None for Plaintiff.
    None for applicant.
    Adv. Pradip Patil for MCGM present.
    FRSR the following order is passed -
    Order on NM No. 1058 of 2018
    1. Notice of motion no. 1058 of 2018 is allowed subject to cost of Rs.2,000/-.
    2. Order dtd. 16.08.2017 of dismissal of Chamber Summons is hereby set aside and chamber summons No. 1738 of 2015 be restored to its original stage subject to deposit of cost amount or payment of cost either to ther plaintiff or his advocate within 15 days from the date of this order.
    3. Notice of motion stands disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103763/2018
    Filing Date: 12-03-2018
    First Hearing Date: 02nd April 2018
    Decision Date: 25th October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    25 Oct 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.1058 of 2018 CNR:MHCC010034372018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1058 OF 2018 IN L.C.SUIT NO.8 OF 2015 Mohammed Ismail Gulam Shaikh .. Plaintiff V/s. 1 Municipal Corporation of Greater Mumbai & Anr. .. Defendants And Mathuradas Estate Services Co-operative Society Ltd. .. Applicant Appearance:- None for plaintiff. Adv. Pradip Patil for defendants/MCGM. Adv. Bagla for intervenor/applicant. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M.…

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    Order 1Full order available
    25 Oct 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.1058 of 2018 CNR:MHCC010034372018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1058 OF 2018 IN L.C.SUIT NO.8 OF 2015 Mohammed Ismail Gulam Shaikh .. Plaintiff V/s. 1 Municipal Corporation of Greater Mumbai & Anr. .. Defendants And Mathuradas Estate Services Co-operative Society Ltd. .. Applicant Appearance:- None for plaintiff. Adv. Pradip Patil for defendants/MCGM. Adv. Bagla for intervenor/applicant. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M.…

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