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NOTICE OF MOTION

Santosh Ramchandra TalekarVsMCGM

CNR MHCC0100354920186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 31st October 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101102/2018
Registration Date
14 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: 18-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Advocate for plaintiff present.
    Advocate Sutar for defendant/BMC present.
    Adjourned for N/M Hearing to 28/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    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 FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: COVID-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant/BMC Present.
    Court time of 1st session is over. In 2nd session there is Judgment and Ad-interim order. Therefore, matter is adjourned till next date.
    Adjourned for N/M Hearing to 07/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present for plaintiff.
    Advocate for defendant/BMC present.
    Adjourned for NM Hearing to 19.07.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: None present for plaintiff.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for N/M Hearing  to  03.12.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for NM Hearing to  18.02.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Advocate for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    On oral request of Advocate for plaintiff matter adjourned for N/M Hearing.
    Adjd for NM Hearing to  22.06.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Advocate for plaintiff present and filed adjournment application. O: Adjournment is allowed.
    Advocate Smt. Deepali Patil for defendant/BMC.
    Adjd for NM hearing to 29/07/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Advocate for plaintiff present and filed additional reply. Copy served.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to 03.08.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Advocate Anand Charandeep for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Adjd for NM Hearing to  10.08.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Court is on leave Matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Defendant /BMC submits that their written reply may be considered as written notes of argument on Notice of Motion.
    Plaintiff is directed to file written notes on or before next date.
    Adjd for Written Notes of arguments/ Oral argument on Notice of Motion to 29.08.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Plaintiff present.
    Advocate Anand Charanbir for plaintiff present and filed written notes of argument on Notice of Motion No. 1102/2018 alongwith Citation, copy served.
    Advocate Smt. Deepali Patil for defendant/BMC present and filed Citation t.o.r. Copy served.
    Heard argument on both sides on Notice of Motion No. 1102/2018
    Adjd for Further NM Hearing on NM No. 1102/2018 to  07.09.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Advocate Anand Charanbir for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    BMC officer is absent.
    On request of advocate for defendant/BMC adjournment is granted
    Adjd for Hearing on NM No.1102/2018  to  19.09.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Advocate Anand Charanbir for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    On request of advocate for defendant/BMC adjournment is granted.
    Adjd for  NM Hearing   to  21.09.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: Advocate Sarita Donde  for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Shri. Shinde Mohnish Gautam Jr. Engineer, Maintenance department, G North for BMC present.
    Adjd for NM Hearing to  12.10.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for plaintiff
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    Keep back
    Matter called out at 2.48 p.m.
    Plaintiff present and his advocate is absent.
    On request of plaintiff short adjournment is granted.
    Adjd for Argument to  14.10.2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Advocate Anand Charanbir  for plaintiff present and filed short affidavit as stating therein that he has removed notice structure Marked as Exh. 4 O- Read and Recorded
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    L.O. 3.09. p.m.
    On request of advocate for defendant/BMC short adjournment is granted.
    Adjd for Argument to  15.10.2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Plaintiff present and his advocate is present.
    Advocate Smt.Deepali Patil for defendant/BMC present.
    On yesterday the plaintiff has filed an affidavit stating therein that he remove the alleged structure as mentioned in the notice. He has further submitted that the officer of BMC by visiting the suit premises verified the notice structure and confirmed that structure is removed. On such submission of plaintiff concern officer of BMC was directed to remain present before the Court on today and clarify the position of the notice structure. However concern officer of BMC is remained absent.
    In this regard it is submitted by the Advocate for defendant/BMC due to personal difficulty, officer of the BMC could not attend the Court on today. She has submitted that officer of BMC will remain present on Monday (i.e.17.10.2022).
    In view of submission of Advocate for defendant/BMC,matter is adjourned on 17.10.2022 with direction that the concern officer of BMC shall remain present and clarify  position as mentioned in the affidavit of plaintiff filed at Exh.4 dated 14.10.2022.
    Adjd for Argument  to 17.10.2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Advocate Anand Charanbir for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Shri.  Mohnish Gautam Shinde Jr. Engineer, G North        for BMC present.
    Heard argument on both sides on Notice of Motion No. 1102/2018
    Matter adjourned for Order on NM No. 1102/2018.
    Adjd for NM Order to  18.10.2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Advocate Anand Charanbir for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    On 15.10.2022 the plaintiff filed affidavit at Exh. 4 stating therein that he removed the alleged structure as mentioned in the impugned notice and this fact verified by the officer of the BMC by visiting the suit premise. However, on   that day officer of BMC was remained absent so, advocate for BMC sought adjournment and matter was adjourned on 17.10.2022.
    On 17.10.2022 officer of BMC remained present, but he sought time for clarification about the fact mentioned in the affidavit at Exh. 4. On that day argument of both parties heard. As per contention of plaintiff he removed notice structure and this fact is stated by the plaintiff on oath. Thus, in view of the final disposal of this matter and there are chances of amicable settlement it is necessary to give some time to the officer of BMC to verify the fact in respect of removal of notice structure. Hence, matter is adjourned on 31.10.2022 for reply of the BMC officer in respect of affidavit filed by the plaintiff at Exh. 4.
    Adjd for Reply of BMC officer on affidavit Exh. 4 / Order to  31.10.2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: Advocate Sarita Donde h/f Anand Charanbir for plaintiff present.
    Advocate Smt. Deepali Patil  for defendant/BMC present.
    FRSR FOLLOWING ORDER PASSED on Notice of Motion No. 1102/2018.
    ORDER
    1.Notice of motion No. 1102/2018 is dismissed.
    2.Notice of motion No. 1102/2018 is disposed off.
    Advocate for plaintiff filed application for Status quo Marked as Exh.5 O- Other side to say.
    Advocate for defendant/BMC filed say on Exh .5 itself. Heard
    FRSR FOLLOWING ORDER PASSED on Exh. 5
     ORDER
    1.    Parties are directed to maintain status quo till two weeks from the date of this order
    2.    Application Exhibit No.5 is disposed off.
    Adjd for Draft issues to  06.01.2023
    Nature Of Disposal: DISMISSED
    Disposal Date: 31-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103946/2018
    Filing Date: 14-03-2018
    First Hearing Date: 18th June 2018
    Decision Date: 31st October 2022
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    31 Oct 2022

    Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1102 OF 2018 (CNR No. MHCC010035492018) IN LONG CAUSE SUIT NO. 270 OF 2018 Santosh Ramchandra Talekar ... Plaintiff V/s. Municipal Corporation of Gr.Bombay ...Defendants CORAM : HIS HONOUR JUDGE SHRI. RAJESH K. KHOMANE CITY CIVIL COURT GR. BOMBAY ( C.R.NO.06) DATE : 31/10/2022 Adv. Anand Charanbir for the plaintiff. Adv. Ms. Deepali Patil for the defendants/BMC. ORAL ORDER 1. This…

    Read Full Order
    Order 1Full order available
    31 Oct 2022

    Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1102 OF 2018 (CNR No. MHCC010035492018) IN LONG CAUSE SUIT NO. 270 OF 2018 Santosh Ramchandra Talekar ... Plaintiff V/s. Municipal Corporation of Gr.Bombay ...Defendants CORAM : HIS HONOUR JUDGE SHRI. RAJESH K. KHOMANE CITY CIVIL COURT GR. BOMBAY ( C.R.NO.06) DATE : 31/10/2022 Adv. Anand Charanbir for the plaintiff. Adv. Ms. Deepali Patil for the defendants/BMC. ORAL ORDER 1. This…

    Read Full Order

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