Order Details: Notice of Motion Pdf Text: 29/03/2022 602/2018 Exh.4 Exh.5 Exh.6 CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.04) NOB TOB (By Precipe) Adv. M. S. Singh for plaintiff present. Plaintiff is also present. Adv. Tare for deft no.1 present. Mr. Dwarkanath K. Rao, Sr. Manager of deft no.1 is also present. Adv. Smita Chavan for deft/MCGM no.2 present. Matter was referred for mediation. The plaintiff and deft no.1 filed consent Term before Judge mediator. Mediation is successful and parties…
NOTICE OF MOTION
Sitaram Govind AbgulVsMarathon Builder +1 more
CNR MHCC0100366020184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 29th March 2022
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 101131/2018
- Registration Date
- 16 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 17-03-2018 Business: Matter pertains to C. R. No. 8. Plaintiff present. Advocate Mr. Singh for the plaintiff present and filed registered original NM no.1130/18 alongwith affidavit in support. t.o.r. Advocate Mr. Giri for Defendant/BMC no. 2 present. Advocate Mr. Tare for the defendant no. 1 present. Adjourned for reply to 27.03.2018. Next Purpose: REPLY Next Hearing Date: 27-03-2018 Date: 27-03-2018 Business: Adv.Mr.Rohit Tripathi for Plff.present. Adv.Mrs.Kamble for BMC/Deft no.2 present. Adv.Mr.Tare for deft.no.1 present. Today the matter is for N/m reply. Ld.advocate for plff and deft.no.1consented the matter for referring of Lokadalat. Hence matter kept on National Lokadalat on 22.04.2018. Issue notices to both the parties through Bailiff. Next Purpose: REPLY Next Hearing Date: 22-04-2018 Date: 22-04-2018 Business: None present for Plaintiff. Adv. Prassanna Tare for Defendant No. 1 Present. None for other Defendants. Today matter cannot be settled. Hence, put up before the regular court. Matter Adjourned to 07.06.2018. Latter On. Adv. M. S. Singh present. He made statement that matter is already kept on 24.04.2018 before regular court. Hence, with the consent of both the parties matter be kept on 24.04.2018. Next Purpose: REPLY Next Hearing Date: 25-04-2018 Date: 25-04-2018 Business: Wrongly on Todays Board Matter adjd on 19.06.2018 Next Purpose: REPLY Next Hearing Date: 19-06-2018 Date: 19-06-2018 Business: Adv. Mr. M. S. Singh for plaintiff present. Adv. Mr. Mahadav for defendant no. 1 present. Adv. Ms. Kamble for BMC/ defendant no. 2 present. Defendant no. 1 filed application for rejection of plaint. t.o.r. It is marked as Exh. 2 O- Other side to say. Adjd to 5.7.2018 for reply to N/M and Exh. 2. Next Purpose: REPLY Next Hearing Date: 05-07-2018 Date: 05-07-2018 Reason For Adjournment: court time is over Next Purpose: ARGUMENTS Next Hearing Date: 26-07-2018 Date: 26-07-2018 Date: 02-08-2018 Business: Adv. M.S. Singh for Plaintiff present. Adv. Mr.Tare for Defendant no.1 present. Adv. Mrs. Kamble for defendant no.2 and 3 / BMC present. Supplied copy to the Defendant. Adjd. to 10.08.2018 for Hearing on Exh.2. Next Purpose: HEARING Next Hearing Date: 10-08-2018 Date: 10-08-2018 Business: As court is busy in dictating Judgments and orders in other matters, hence board is discharged. Adjd to 21/08/2018 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-08-2018 Date: 21-08-2018 Business: Adv Singh for plff present. Adv Tare for deft no.1 present. Adv Kamble for BMC/deft no.2 present. Heard argument on Exh. 2. Adjd. to 31.08.2018 for Order on Exh. 2. Next Purpose: ORDER Next Hearing Date: 31-08-2018 Date: 31-08-2018 Business: None for plaintiff. Adv. Mhatre h/f Adv. Kamble for defendant no. 2/ BMC present. Adv. Tare for deft. no. 1 present. Matter adjd. to 29.9.18 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-09-2018 Date: 29-09-2018 Business: Adv. M. S. Singh for plaintiff present. Adv. Tare for deft. no. 1 present. Adv. Kamble for defendant no.2 / BMC present. Heard arguments of both parties. FRSR following order is passed. Order on Exh. 2 Application (Exh. 2) is rejected. Matter adjd. to 25.10.18 for NM Reply. Next Purpose: REPLY Next Hearing Date: 25-10-2018 Date: 25-10-2018 Business: Adv. M. S. Singh for plaintiff present. Adv. Kamble for defendant no. / BMC present. Adv. Tare for deft. no. 1 present and filed reply to NM NO.1131 of 2018 and written statement. Tor Adv. of plaintiff filed list of documents. Copy served to other side. Last chance granted to deft/BMC to file WS. Matter adjd. to 4.12.18 for NM Hearing/WS of BMC. Next Purpose: NM FOR HEARING Next Hearing Date: 04-12-2018 Date: 04-12-2018 Business: None for plff. None for deft no.1. Adv Mrs.Vyavhare for BMC/deft no.2 present. Adjd to 4/02/2019 for NM hearing. Later on.. Adv Nalanda Jadhav for deft no.1 present. Already adjd to 4/02/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-02-2019 Date: 04-02-2019 Business: Adv Mr.M.S. Singh for plff present. Adv Mhatre for BMC/deft. no.2 present. Adv Tare for deft no.1 present. K.B.. Later on.. Adv Mr.M.S. Singh for plff present. Adv Mhatre for BMC/deft. no.2 present. Adv Tare for deft no.1 present. Adjd to 4/03/2019 for NM hearing. Later on.. Adv for BMC/deft no.2 filed reply on NM. Ld adv for deft no.2 undertakes to inform change in the date to deft no.1. Adjd to 5/03/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 05-03-2019 Date: 05-03-2019 Business: None present for Plff. Adv. Ms. Akshada Shirke for Deft No.1 present. Adv. Mrs. Mhatre for MCGM/deft. No.2 present. Adjd to 19/3/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 19-03-2019 Date: 19-03-2019 Business: Adv. Mr. M.S. Singh for Plff present. None for Deft No.1. Adv. Mrs. Mhatre for MCGM/deft. No.2 present. Court busy in arguments on ad-interim in Suit No.336/19. Hence, adjourned. Adjd to 6/6/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-06-2019 Date: 06-06-2019 Business: Adv. Sandip Singh for plff. present. Adv. Khandagle for Def. 2 MCGM present. Adv. Tare for def. 1 present. On oral request of ld adv for plff, adjournment granted. Adjd to 04.07.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-07-2019 Date: 04-07-2019 Business: Adv. M. S. Singh for plaintiff present. Adv. Mrs. Hajare for MCGM/Deft. 2present. None for def no. 1. kept back. L.O. at 3.30 p.m. Adv. Akshata Shetye for def. no. 1 present. On oral request of ld adv for def. no. 1, adjournment granted. Adjd to 06.08.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-08-2019 Date: 06-08-2019 Business: Adv. Singh for plaintiff present. None for defendant No. 1 Adv. Hajare for defendant No. 2/MCGM present. Adv. Tare for defendant No. 1 present. Court is busy in hearing urgent matters. Adjd to 03/10/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 03-10-2019 Date: 03-10-2019 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 26-11-2019 Date: 26-11-2019 Business: Advocate Mr. M. S. Singh for plaintiff present Advocate Mr. Tare for Defendant no.1 present Adv. Mrs. Hajare for MCGM/Deft. no.2 present. On oral request of advocate for Plaintiff, adjournment granted. Adjd. to 30/01/2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 30-01-2020 Date: 30-01-2020 Business: Adv.M.S.Singh for plaintiff present. Adv. Priyanka Rane for defendant No.1 present. Adv. Mrs. Hajare for MCGM/Deft. present. Adv. for defendant No1 submitted that her senior due to personal difficulty. O- Granted as a last chance. Adjd to 13.03.2020 for NM hearing . Next Purpose: NM FOR HEARING Next Hearing Date: 13-03-2020 Date: 13-03-2020 Business: Adv.M.S.Singh for plaintiff present. Adv.Tare for defendant No.1 is present. Adv. Mrs. Hajare for MCGM/Deft. present. With consent of both Ld.Advocates matter referred for mediation. Matter adjd to 11.06.2020 for Mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 11-06-2020 Date: 11-06-2020 Next Purpose: MEDIATION REPORT Next Hearing Date: 09-09-2020 Date: 09-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: MEDIATION REPORT Next Hearing Date: 12-10-2020 Date: 12-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: MEDIATION REPORT Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: MEDIATION REPORT Next Hearing Date: 09-12-2020 Date: 09-12-2020 Business: None for Plaintiff. Adv. Ms. Priyanka Rane for deft no.1 present. Adv. Khandagale for deft no.2/MCGM present. Matter adjd to 20/01/2021 for Mediation Report. Next Purpose: MEDIATION REPORT Next Hearing Date: 20-01-2021 Date: 20-01-2021 Business: court is on leave Next Purpose: MEDIATION REPORT Next Hearing Date: 23-02-2021 Date: 23-02-2021 Business: As Court is on leave, board is discharged. Next Purpose: MEDIATION REPORT Next Hearing Date: 08-04-2021 Date: 08-04-2021 Business: None for Plaintiff. None for Defendant No.1. Adv. Smita Chavan h/f. Adv. Hajare for deft no.2/MCGM present. Matter adjd to 04/05/2021 for Mediation Report. Next Purpose: NOTICE OF MOTION Next Hearing Date: 04-05-2021 Date: 04-05-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-07-2021 Date: 20-07-2021 Business: Due to Covid-19 pandemic Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-09-2021 Date: 16-09-2021 Business: None for plaintiff. Adv Akshada Shette for defendant no.1 present. Adv Smita Chavan for defendant no.2/ MCGM present. 60 days are over and mediation report is not received. Hence, matter be kept for its original stage of NM hearing. Adjd. To 21/10/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-10-2021 Date: 21-10-2021 Business: None for plaintiff. Adv Tare for defendant no.1 present. Adv Smita Chavan for defendant no.2/ MCGM present. Adjd. To 21/12/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-12-2021 Date: 21-12-2021 Business: Adv. M.S. Singh for plaintiff present. Adv. Akshada Shetty for D/1 present. Adv. Chvan for D/2- MCGM present. Both advocates submitted that there are possibilities of settlement, and suggested to refer the matter to Trained Mediator. Considering this, parties are directed to remain present before the Mediator. Matter is adjd to 10/2/2022 for Mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 10-02-2022 Date: 10-02-2022 Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Adjd. to 24/03/2022 for Mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 24-03-2022 Date: 24-03-2022 Business: None for plaintiff. None for defendant no.1. Adv Mrs Smita Chavan for defendant no.2/ MCGM present. Adjd. To 28/04/2022 for mediation report. L.O. at 3.25 p.m. Adv M.A. Singh for plaintiff present. Adv Akshata Shettey for defendant no.1 present. Adv Mrs Smita Chavan for defendant no.2/ MCGM present. Adjd. To 12/04/2022 for mediation report. Next Purpose: MEDIATION REPORT Next Hearing Date: 29-03-2022 Date: 29-03-2022 Business: NOB TOB (By Precipe) Adv. M. S. Singh for plaintiff present. Plaintiff is also present. Adv. Tare for deft no.1 present. Mr. Dwarkanath K. Rao, Sr. Manager of deft no.1 is also present. Adv. Smita Chavan for deft/MCGM no.2 present. Matter was referred for mediation. The plaintiff and deft no.1 filed consent Term before Judge mediator. Mediation is successful and parties is amicably settled the dispute in view of consent terms. Mediation Report is taken on record and marked at Exh.4. Plaintiff and authorized signatory of deft no.1 admit the contents and their signatures over the consent term. Therefore Consent Term filed, marked as Exh.5 is accepted. The plaintiff has filed application for withdrawal of the suit against deft no.2/MCGM. It is taken on record. It is marked at Exh.6. It is unconditionally withdrawn against deft no.2/MCGM therefore plaintiff is permitted to withdraw the suit against deft no.2/MCGM. Hence Order ORDER 1) L. C. Suit No.601 of 2018 is decreed in view of Consent Term at Exh.5, filed in between plaintiff and defendant no.1. The suit is disposed off against deft no.2/MCGM as withdrawn. 2) Decree be drawn up in terms of consent terms filed at Exh.5 accordingly. 3) In view of disposal of suit, NM No.1131/18 stands disposed of. 4) Proceeding is closed. Authenticated copy be given to both the parties. Nature Of Disposal: CONSENT DECREE Disposal Date: 29-03-2022
Additional Case Details
Additional Case Details
Filing Number: 104059/2018 Filing Date: 16-03-2018 First Hearing Date: 17th March 2018 Decision Date: 29th March 2022 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
29 Mar 2022
Order 1Full order available
29 Mar 2022
Order Details: Notice of Motion Pdf Text: 29/03/2022 602/2018 Exh.4 Exh.5 Exh.6 CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.04) NOB TOB (By Precipe) Adv. M. S. Singh for plaintiff present. Plaintiff is also present. Adv. Tare for deft no.1 present. Mr. Dwarkanath K. Rao, Sr. Manager of deft no.1 is also present. Adv. Smita Chavan for deft/MCGM no.2 present. Matter was referred for mediation. The plaintiff and deft no.1 filed consent Term before Judge mediator. Mediation is successful and parties…
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