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NOTICE OF MOTION

Shri Pranay Pundlik Khadapkar - Suit Stamp No.4030 of 2018VsMCGM

CNR MHCC01003786201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 24th March 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101182/2018
Registration Date
20 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: 17-04-2018
    Business: HHj is on leave. Hence today board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2018
    
    Date: 03-07-2018
    Business: Do to heavy rain Advocate and Staff is absent Hence Board is
    Discharge and Suit is Adjourned to 14.08.2018 for N.M. Reply. Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: Court is vacant. Hence today board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Advocate Mr. Yadav for Plaintiff present.
    Advocate for BMC/Deft present and sought time to file reply. For giving fair opportunity, case is adjourned to 27/11/2018.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: As Court is busy in hearing NM in Suit no. 1127/17 to 1130/17 and  in hearing urgent ad-interim matter in ST 6905/19 also in passing order in suit no. 1306/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 09.08.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Perusal of plaint reveals that plaintiff has pleaded nullity of notice.  Office to register the suit.
    Earlier order to continue till next date.
    The case is adjourned to 04.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: As Court is busy in hearing ad-interim in 2474/19,  NM in SU no. 1961/19, 1118/19 and other matters on board. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 19.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Mr. Yadav for plaintiff, tendered original registered NM no. 1182/18, registered on 20.03.2018, tendered after 22 months.
    Adv. Mrs. Tondawalkar for deft./MCGM present.
    K.B.
    LO
    Adv. Mr. B.P. Shukla for plff present.
    Heard both side at sufficient length. It is submitted by Plaintiff that suit structure is on CTS no. 122.  It is case of deft that said structure is on CTS no. 125.
    Plff do not have objection to demolish structure of CTS no. 125.
    Both side to clarify where is CTS no. 122 and 125.  Both side to file their own unscaled map and clarify the position with affidavit.
    Matter is adjd. for NM hearing on 12.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv. Mr. Yadav h/f adv. B.P.Shukla for plff.
    Adv. Mrs. Tondwalkar for deft./MCGM present.
    Both side has prayed for adjd to clarify the position as per roznama of last date.
    Plff. to file photograph of existing structure.
    Earlier order, if any, to continue till next date.
    Matter is adjd.for NM hearing on 12.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Adv. Mr. Yadav h/f adv. B.P.Shukla for plff.,prayed for adjd. to comply direction given by this court in roznama dtd. 29.01.2020.
    Adv. Mrs. Tondwalkar for deft./MCGM present.
    Exh.5- List of documents submitted by MCGM.
    Exh.6- Reply cum W.S. submitted by MCGM.
    Copy of Exh. 5 and 6 served to plff.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 24.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Yadav for plaintiff , prayed for adjournment to comply roznama dtd. 29-01-2020.
    Adv. Tondwalkar for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd.  to 11 -01-2021 for NM Hearing
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to Surge in Covid-19, matter is adjourned to next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. J.S. Yadav for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Hearing to 01.12.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Mr. Dubey h/f Mr. Shukla for Plaintiff present.
    	Adv. Mr. Khandagale for Defendant/BMC present.
    	On oral request of advocate for Plaintiff to get prepared for the hearing on NM, matter is adjourned.  Plaintiff is called upon to proceed with the NM Hearing on the next date positively.
    	Matter adj. to 24/01/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 30.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Mr. J.S. Yadav for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Court busy in hearing urgent praecipe matters SU No. 1183/22, SU1184/22, SU 770/22, SU 1196/18 and SU 277/22.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 20.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present and orally requested time for NM hearing. Granted.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 19.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Mr. B. P. Shukla present for the plaintiff and orally requested for time to file NM reply rejoinder. Granted as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for reply rejoinder/NM hearing to 18.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present and orally requested for time to file reply rejoinder. Time is granted strictly as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for reply rejoinder to 04.02.2023.
    Next Purpose: REJOINDER
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present and requested for time to file reply rejoinder. Sufficient time is already granted. Still, matter is adjourned to file reply rejoinder, subject to payment of costs of RS. 1,000/- in favour of DLSA, Mumbai, till the next date.  In default, the suit NM would stand dismissed.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for costs/compliance/reply rejoinder to 10.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: PO is on Leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and requested for time to comply with the order, as the plaintiff is not in contact. Time is granted, subject to additional costs Rs.1,000/-(Rs. One Thousand) to be paid in favor of the DLSA, Mumbai, till the next date. In default, the suitable orders to follow.
    Adv. Mr. G. O. Giri for defendant/MCGM is present.
    Adjourned for costs/compliance/reply-rejoinder to 24.07.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present. She informed that the Order of costs is complied with and requested time to file reply rejoinder. Time is granted.
    Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for reply rejoinder to 13.09.2023.
    Next Purpose: REJOINDER
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Adv. Mr. Abhishek Shukla h/f Adv. B.P. Shukla for the plaintiff is present and filed reply rejoinder in NM No. 1182/2018. Copy is supplied to the other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 04.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and sought time to file written submission on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 22.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: Adv. Mr. Pradosh Tiwari h/f Adv. B.P. Shukla for the plaintiff is present and requested time to file written submissions on NM.
    Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 07.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2024
    
    Date: 07-02-2024
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present and requested time to file written submissions on NM. Time is granted lastly. In default, the NM would stand dismissed.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM/dismissal to 18.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present and filed written submissions on NM. Taken on record.
    O- Filed. Copy is supplied to the other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM by defendant to 29.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM by defendant to 03.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 30.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 23.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.  Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 11.12.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2024
    
    Date: 11-12-2024
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to argue the NM. Granted. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 05.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2025
    
    Date: 05-02-2025
    Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. He is heard on NM.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 27.02.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: Court is on leave, hence adjd. to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present.  F.R.S.R. Following Order is passed in 1182/2018. ORDER (i). Notice of Motion No. 1182/2018 is dismissed. (ii). Notice of Motion No. 1182/2018  is, accordingly, disposed of. Order below Exhibit 7. 01. This is an application by plaintiff for continuation of EOC for 4 weeks to challenge the plaintiff Order dismissing motion for temporary injunction. Defendant/BMC opposed application. Heard both the sides. It appears that as per Order dtd. 19.03.2018, Court granted ad-interim protection during the pendency of motion. The plaintiff intends to challenge Order dismissing motion. Hence, in Order to enable the plaintiff to challenge the Order, it will justifiable to continue the EOC for 3 weeks from date of uploading of Order on CIS.
    Adjourned for draft issues to 18.06.2025.
    Nature Of Disposal: DISMISSED
    Disposal Date: 24-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104215/2018
    Filing Date: 20-03-2018
    First Hearing Date: 17th April 2018
    Decision Date: 24th March 2025
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Mar 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010037862018) 1 Notice of Motion No. 1182/2018 in L.C. Suit No. 2601/2019. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1182 OF 2018. IN L.C. SUIT NO. 2601 OF 2019. Pranay Pundlik Khadapkar ………………………… …. PLAINTIFF. V/s. MCGM....……………………………………………... …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE (Court Room No.11). DATED : 24th March, 2025. APPEARANCES : Mr. B.P. Shukla, the Ld. Advocate for Plaintiff. Mr. Suryakant Botlawar, the…

    Read Full Order
    Order 1Full order available
    24 Mar 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010037862018) 1 Notice of Motion No. 1182/2018 in L.C. Suit No. 2601/2019. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1182 OF 2018. IN L.C. SUIT NO. 2601 OF 2019. Pranay Pundlik Khadapkar ………………………… …. PLAINTIFF. V/s. MCGM....……………………………………………... …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE (Court Room No.11). DATED : 24th March, 2025. APPEARANCES : Mr. B.P. Shukla, the Ld. Advocate for Plaintiff. Mr. Suryakant Botlawar, the…

    Read Full Order

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