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…
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
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: 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: 13-07-2022Additional 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
2Final Order 1Full order available
13 Jul 2022
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…
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