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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

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: 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

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