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NOTICE OF MOTION

Mrs. Mariam Rashid KhanVsMCGM +1 more

CNR MHCC0100357820185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd July 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101109/2018
Registration Date
15 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: 20-04-2018
    Business: Resumed.
    The P.O. is busy in recording evidence in Suit No. 7115/2001 and 4344/2003 and judgment of suit no. 5490/2004.  For want of time the board is discharged.
    Adjd. for NM reply to 11.07.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Business: The P.O. is busy in hearing of NM No.1891/2011 in Suit No. 1746/2011 and orders on NM No. 423/2017 and 422/2017 in Suit No.1400/2008 and 1396/2008 respectively.   For want of time the board is discharged.
    Adjd for NM reply to 08.08.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM reply to 17.09.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2018
    
    Date: 17-09-2018
    Business: Resumed.
    Adv. Rajnish Dubey for plaintiff tendered registered NM No. 1109/2018.  Adv. Ms. Patil for MCGM seeks time to file reply.
    Adjd for NM reply to 10.12.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Resumed.
    The P.O. is busy in dictating judgment in Suit no. 112/2013 and hearing final arguments in Suit no. 144/2008.  For want of time the board is discharged.
    Adjd for NM reply to 25.02.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: As court busy in NM Hearing in Suit no. 909 of 2018. Hence board is discharged.
    Matter adjd. to 8.4.19 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: None present for plaintiff.
    Adv.Dipali Patil for defendant/MCGM present.
    Matter adjd to 24.06.2019 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: P.O. is on leave.
    Matter adjd to 26.07.2019 for Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Adv. Shober Shukla for plaintiff present.
    Adv.Mrs. Tondwalkar for defendant/MCGM present.
    Ld. Adv. for defendant/MCGM seek time, time granted.
    Matter adjd to 04.09.2019 for NM arguments
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Plaintiff and Adv. Mr. Dubey present.
    Adv. Mr. Patil  for defendant/MCGM present.
    Matter adjd to 08/10/2019 for hrg.on n/m
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-10-2019
    
    Date: 08-10-2019
    Business: Wrongly shown on today\''s board. Already adjd. to 08/11/209.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: As Court time is over in recording evidence, hearing arguments, passing orders and misc. work hence,
    Matter adjd to 20/12/2019 for hrg.on n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: As Court is on leave.
    Matter is adjd to 17.02.2020 for NM Arguments
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. Suryavanshi for MCGM/deft present.
    Matter is adjd to  27/03/2020 for order against plff.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: DISMISSAL
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: DISMISSAL
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi present for MCGM/defendant.
    Matter adjourned for dismissal to 20.01.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Matter adjourned for dismissal to 15.03.2021.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Dubey (hf) present for plaintiff.
    Adv. Soraan present for MCGM/defendant.
    Adv of plaintiff submitted that letter is sent to the plaintiff but he is not in contact with advocate. He submitted that according to him NM is to be decided with the suit.
    Keep matter for WS if any.
    Matter adjourned for WS to 03.05.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to covid-19 pandemic matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: WRITTEN STATEMENT
    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: WRITTEN STATEMENT
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Vidya Vyavahare  present for MCGM/defendant.
    as plaintiff and his adv. absent, Matter adjourned for WS 28/10/21.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: None present for plaintiff.
    Adv. Vidya vyavahare present  for MCGM/defendant.
    As court is busy in dictating order on chs. no. 1186/21 in suit no. 2718/2015 hence remaining board is discharged and Matter adjourned for WS to 23/12/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: as court is busy in dictating in order on chs. no. 452/17 in suit no. 1659/09  and on ad-interim relief as to draft nm in suit no. 2562/21 hence remaining board is discharged and matter is adjd. to 19/02/22.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 19-02-2022
    
    Date: 19-02-2022
    Business: This matter is inadvertently on today''s board. Today is holiday as to Chatrapati Shivaji Maharaj Jayanti,  Hence the matter is adjd. to Monday.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for plaintiff.
    Adv. Soraan present  for MCGM/defendant.
    Matter adjourned for WS on 06-04-2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None for Plaintiff.
    Adv. Smt. Kumud Soraan for MCGM/ defendant  present.
    Matter is adjd for  W/S on 22-06-2022
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for W/S on 05-08-2022
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Pooja Pandey for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Adv for deft made submission that the Plaintiff sought DPL order in the prayer clause of NM.
    Considering the same matter be posted before Lokadalat dtd. 13.08.2022
    Matter is adjd for  NM reply on 13-08-2022
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertaining to C.R.No.5
    None for the plaintiff.
    Advocate Mrs. K.K.Soraan for BMC-D Ward is present.
    She informed that in this matter, the notice U/s 351 of the MMC Act is issued by following the due process of law.
    As the plaintiff is absent, the matter could not be settled.
    Matter is adjourned to 14/9/2022  before regular court.
    Next Purpose: HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Order- W.S not filed by the deft though stipulated period is over. Hence, suit to proceed without W.S. Plaintiff is directed to appear and lead evidence on next date without fail.
    Matter is adjd for without w.s. hearing on 26-09-2022
    Next Purpose: HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is adjd for without w.s. hearing on 11-11-2022
    Next Purpose: HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Adv Smt. Kumud Soraan for defendant/MCGM present and tendered Draft NM along with affidavit in support. TOR. O- Leave granted to register it.
    Matter is adjd for NM service and reply on 09-12-2022
    Next Purpose: HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As Court is busy in hearing in urgent ad-interim matters i.e. Suit No. 1586 of 2022 and Stamp No.13709 of 2022  Stamp No. 13603 of 2022. Hence want of time rest of the board is discharged.
    Adv Smt. Kumud Soraan for defendant/MCGM present and filed registered NM No. 4433 of 2022 along with affidavit in support. TOR.
    Matter is adjd for NM reply on 20-01-2023
    Next Purpose: HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: As court is busy in recording evidence in Suit No. 1394 of 2018, Suit No. 1504 of 2012 and S C. No.340 of 2020. Hence want of time board is discharged.
    Matter is adjd for NM reply on 22-02-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is on leave. Hence matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Adv.Mishra present for plaintiff.
    Adv. Patil for MCGM/Defendant.
    As court is busy in arguments matter and High Court time bound matter, Hence matter is adjourned.
    Matter adjourned for NM hearing on 05-07-2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Ms. Vyavahare h/f Adv. Pradip Patil for MCGM present.
    Ld. Adv. For plaintiff has filed reply on overleaf of the NM No. 4433/22.
    Matter is adjd to 28.08.2023 for hearing on NM No. 4433/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2023
    
    Date: 05-07-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Ms. Vyavahare h/f Adv. Pradip Patil for MCGM present.
    Ld. Adv. For plaintiff has filed reply on overleaf of the NM No. 4433/22.
    Matter is adjd to 28.08.2023 for hearing on NM No. 4433/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: Adv. Deepanjali Mishra h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 11.10.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 29.11.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2023
    
    Date: 29-11-2023
    Business: Adv. Deepanjali h/f Adv. A.R. Pande for plaintiff is present.
    Adv. Patil for def./MCGM is present.
    Adv. for the plaintiff filed an application for withdrawal of  appearance a/w copy of letter, postal receipt and  acknowledgment. TOR marked as Exh. 5.
    IN view of withdrawal of appearance by the advocate for the plaintiff, issue Court Motion Notice to the plaintiff thought Court baillief as to why the suit should not be disposed off for want of appearance.
    Matter is adjd  to  07/02/2024 for service report.
    Next Purpose: SERVICE
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd  to 04.03.2024 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
    Matter is adjd  to  03.04.2024  for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: None for Plaintiff.
    Adv. Pradeep Patil for MCGM present.
    Matter is adjd  to 12.06.2024 for  service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to  26.07.2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 02.09.2024 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 04.10.2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 22.11.2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-11-2024
    
    Date: 22-11-2024
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd to 13.01.2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 12.03.2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-03-2025
    
    Date: 12-03-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd  to 05.05.2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Matter is adjd to 02.07.2025 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
        Record shows that NM No. 1109/18 filed by plaintiff is pending since last more than five years. Record and roznama shows none present on behalf of plaintiff. It seems plaintiff is not interested to proceed with the notice of motion No. 1109/2018. Hence, notice of motion No. 1109/18 stands dismissed in default.
        NM No. 4433/2022 filed by defendant is pending since long, so heard Ld. Adv. for MCGM on NM No. 4433/22. Perused reply filed by advocate for plaintiff on NM No. 4433/22.
    FRSR the following order is passed -
    Order on NM No. 4433 of 2022
    1. Notice of Motion No. 4433 of 2022 is hereby dismissed.
    2. No order as to costs.
    3. Notice of motion stands disposed of accordingly.
    Matter is adjd to 25.08.2025 for written statement.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 02-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103886/2018
    Filing Date: 15-03-2018
    First Hearing Date: 20th April 2018
    Decision Date: 02nd July 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    02 Jul 2025
    Order Details: Notice of Motion
    Pdf Text: 02.07.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 629/18
    NM 4433/22
    NM 1109/18
    None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Record shows that NM No. 1109/18 filed by plaintiff is pending since
    last more than five years. Record and roznama shows none present on
    behalf of plaintiff. It seems plaintiff is not interested to proceed with the
    notice of motion No. 1109/2018. Hence, notice of motion No. 1109/18
    stands dismissed in default.
    NM No. 4433/2022 filed by defendant is pending since long, so
    heard Ld. Adv. for MCGM on NM No. 4433/22. Perused reply filed by
    advocate for plaintiff on NM No. 4433/22.
    FRSR the following order is passed -
    Order on NM No. 4433 of 2022
    1. Notice of Motion No. 4433 of 2022 is hereby dismissed.
    2. No order as to costs.
    3. Notice of motion stands disposed of accordingly.
    Matter is adjd to 25.08.2025 for written statement.
    Judge
    -- 1 of 1 --
    Order 1
    02 Jul 2025
    Order Details: Notice of Motion
    Pdf Text: 02.07.2025 CORAM: SHRI A. D. SALUNKHE ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 629/18
    NM 4433/22
    NM 1109/18
    None for Plaintiff.
    Adv. G. V. Jawale for MCGM present.
    Record shows that NM No. 1109/18 filed by plaintiff is pending since
    last more than five years. Record and roznama shows none present on
    behalf of plaintiff. It seems plaintiff is not interested to proceed with the
    notice of motion No. 1109/2018. Hence, notice of motion No. 1109/18
    stands dismissed in default.
    NM No. 4433/2022 filed by defendant is pending since long, so
    heard Ld. Adv. for MCGM on NM No. 4433/22. Perused reply filed by
    advocate for plaintiff on NM No. 4433/22.
    FRSR the following order is passed -
    Order on NM No. 4433 of 2022
    1. Notice of Motion No. 4433 of 2022 is hereby dismissed.
    2. No order as to costs.
    3. Notice of motion stands disposed of accordingly.
    Matter is adjd to 25.08.2025 for written statement.
    Judge
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