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NOTICE OF MOTION

Siraj Ahmed Khan S -o Late Mustaq Ahmed Khan - Suit No.658 of 2018VsMCGM

CNR MHCC01003568201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 13th July 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101105/2018
Registration Date
15 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 23-04-2018
    Business: As the court is busy in preceipe matters and urgent matters. Hence, board is discharged.
    Earlier order to continue till next date.
    Matter adjd to 25.07.2018
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Business: Adv Mukesh Dubey h/f adv S K Dubey for plaintiff present and filed original NM 1105/18 alongwith affidavit t.o.r.
    Writ of summons t.o.r.
    Adv Hajare for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 11.09.2018  for reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: None for Plaintiff.
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Earlier order to continue till next date.
    Court is busy in dictating orders on Notice of Motions in suit nos.215/11 and 705/11 and hearing urgent application in suit no.2409/18, hence, board is discharged and case is adjourned to 03/11/2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-11-2018
    
    Date: 03-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Court is busy in dictating order on Notice of Motions in suit nos.1707/13, 2602/17 and court has to hear argument of NM in suit no.362/17, hence case is adjourned to 02/03/2019.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    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 06/06/2019
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-06-2019
    
    Date: 06-06-2019
    Business: Advocate Mukesh Dubey  for plaintiff present.
    Advocate Ms.Mhatre for defendant/MCGM present and sought time to file reply. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 23.07.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Advocate Mukesh Dubey for plaintiff present.
    Advocate Ms. Chavan for defendant/MCGM present.
    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 16.01.2020 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply.
    Earlier order, if any, to continue till next date.
    Matter is add.for NM rpely on 20.02.202.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Adv Ms. Shradha h/f Mr. S.R. 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 08.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    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 NM reply to  26.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    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. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  NM reply to 03.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for defendant 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 to 09.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 30.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
    Adv. Mr. 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 proceeded without NM reply and WS of the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (No reply and WS) to 13.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Mukesh Dubey is present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    K.B.
    After hearing the parties, the following order is passed on NM
    No. 1105/2018.
    ORDER
          Heard both the sides on NM No. 1105/2018. Having considered there submissions, at the outset, it seems that in view of the notice dated 03.03.2018, the plaintiff filed his reply on 05.03.2018 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant could not rebut this position. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicated his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 05.03.2018 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 03.03.2018. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 1105/2018 is disposed of as partly allowed.
    Authenticated copy of this roznama be given to both the parties.
    Adjourned for filing affidavit of documents to 24.08.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103964/2018
    Filing Date: 15-03-2018
    First Hearing Date: 23rd April 2018
    Decision Date: 13th July 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    13 Jul 2022

    Order Details: Other Pdf Text: 13.07.2022 Sr. No. 49 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 658/18 NM 1105/18 Adv. Mukesh Dubey is present for plaintiff. Adv. Mr. Khandagale for defendant/MCGM is present. K.B. After hearing the parties, the following order is passed on NM No. 1105/2018. ORDER Heard both the sides on NM No. 1105/2018. Having considered there submissions, at the outset, it seems that in view of the notice dated 03.03.2018, the plaintiff filed his reply on…

    Read Full Order
    Order 1Full order available
    13 Jul 2022

    Order Details: Other Pdf Text: 13.07.2022 Sr. No. 49 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 658/18 NM 1105/18 Adv. Mukesh Dubey is present for plaintiff. Adv. Mr. Khandagale for defendant/MCGM is present. K.B. After hearing the parties, the following order is passed on NM No. 1105/2018. ORDER Heard both the sides on NM No. 1105/2018. Having considered there submissions, at the outset, it seems that in view of the notice dated 03.03.2018, the plaintiff filed his reply on…

    Read Full Order

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