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NOTICE OF MOTION

Sanjay Tukaram SarmalkarVsMCGM

CNR MHCC01003788201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th February 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101183/2018
Registration Date
20 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-04-2018
    Business: As the court is busy in mediation matters. Hence, board is discharged.
    Matter adjd to 24.04.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: Advocate Mr. B. P. Shukla for the Plaintiff present.
    Advocate Mr. Khandagle for BMC/deft present.
    Original N/M no. 1183/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    The defendant has failed to file reply.
    Matter adjd to 10.07.2018 reply to N/M or for passing no reply and w.st order.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: Adv B P Shukla for plaintiff present.
    Adv Khandagale for def/BMC present.
    Adjourned to 18.09.2018  for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Advocate Mr. B. P. Shukla for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft. present and sought adjournment to file reply to Notice of Motion.  Granted as a last chance.
    With consent, case is adjourned to 14/11/2018 for reply/hearing of Notice of Motion.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    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 28/03/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Mr. Giri for defendant /MCGM present.
    The case is adjourned to 20.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
    The case is adjourned to 27.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: As Court is busy in hearing ad-interim matter in suit no. 2474/19 and in hearing NM in suit no. 1118/19 and in hearing Chamber Summons in suit no. 820/10 and 2920/16 and in dictating orders in Chamber Summons and also in other matters on board. The case is adjourned.
    The case is adjourned to 08.11.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Advocate A.B.Shukla h/f adv. B.P.Shukla for plaintiff present.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 10.02.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. Mr. B.P. Shukla for plaintiff present.
    Adv. Mrs. Tondwalkar for deft./MCGM, prayed for adjd to file reply.
    Matter is adjd. for NM reply on 22.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv. Yadav for plaintiff.
    Adv. Tondwalkar for deft./MCGM, prayed for adjd to file reply.
    Matter is adjd.to 02.02.2021 NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    
    Date: 25-08-2021
    Business: court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for Plaintiff.
    NM 1183/18	Adv. Mr. Khandagale for Defendant/BMC present.
    	Matter adj. to 19/01/2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    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.
    Adjourned for NM reply to 16.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Mr. J.S. Yadav for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
    Adjourned for NM reply to 27.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Mr. J.S. Yadav for the 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 posted for no reply no WS order against the defendant.
    Adjourned for no reply no WS Order to 26.08.2022.
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Mr. B.P. Shukla for the 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.
    Adjourned for NM hearing (no reply) to 31.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: Adv. Sunita Dubey for the plaintiff is present.
    Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
    Adjourned for NM hearing (no reply) to 12.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The Court is busy in passing Order in NM Nos. 2413/2022, 468/2014 and Ch/s No. 897/2015.
    Adjourned for NM hearing (no reply) to 13.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present and requested time for NM hearing. The parties are called upon to file written submissions on NM.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    Adjourned for written submissions on NM (no reply) to 31.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: As the Court is on leave, matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: P. O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to file written submission on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for written submission on NM (No reply) to 07.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: The PO in on leave in second session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Adv. Mr. J.S. Yadav 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. Khandagale for defendant/MCGM is present.
    Adjourned for written submissions on NM by defendant (No reply) to 24.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Adjourned for NM hearing by defendant (No reply) to 27.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    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 argue the NM. Time is granted.
    Adjourned for NM hearing by defendant (No reply) to 10.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time for argue NM. Time is granted.
    Adjourned for NM hearing by defendant (No reply) to 29.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: Adv. Mr. J.S. Yadav 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.
    Adjourned for NM hearing by defendant to 20.09.2024.
                                                                                                     Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Adjourned for NM hearing to 18.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present and sought time to file written submissions on NM. Time is granted.
    Adjourned for written submissions on NM by defendant (No reply) to 30.11.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2024
    
    Date: 30-11-2024
    Business: Adv. Mr. Abhishekh Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
    Adjourned for written submissions on NM by defendant (No WS) to 04.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: Adv. Mr. Abhishekh Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to argue the NM. Time is granted lastly. Adv. Mr. Botlawar for defendant/MCGM is present.
    Adjourned for NM hearing to 24.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. He is heard on NM.
    Adjourned for NM Order to 14.02.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-02-2025
    
    Date: 14-02-2025
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present. F.R.S.R. Following Order is passed in NM No. 1183/2018. ORDER i. Notice of Motion No. 1183/2018 stands dismissed. ii. Notice of Motion No. 1183/2018 is, accordingly, disposed of. Adv. Mr. J.S. Yadav for the plaintiff is present and filed application. Taken on record. It is marked as Exhibit 4. Order below Exhibit 4. Advocate for plaintiff  filed application Exhibit 4 for extension of ad-interim protection granted by the Honble High Court in AFO (ST.) No. 8941/2018 for period of four weeks, to enable the plaintiff to challenge Order dismissing NM before the Honble High Court. The BMC opposed application. Heard both the sides. Perused record and proceeding. As per Order dtd. 23.03.2018 Honble High Court pleased to grant portion to the suit structure till decision of the suit. The plaintiff intends to challenge Order refusing interim injunction. Hence, I pass following Order. 01.Interim protection to continue for period of 3 weeks from the date of uploading of NM Order in CIS.
    Adjourned for WS to 21.04.2025.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104214/2018
    Filing Date: 20-03-2018
    First Hearing Date: 03rd April 2018
    Decision Date: 14th February 2025
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    14 Feb 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010037882018). 1 Notice of Motion No. 1183/2018. in L.C. Suit No. 768/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1183 OF 2018. IN L.C. SUIT NO. 768 OF 2018. Sanjay Tukaram Sarmalkar………………………… …. PLAINTIFF. V/s. MCGM. ....………………………………………........ …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE. (Court Room No.11). DATED : 14th February, 2025. APPEARANCES : Mr. B.P. Shukla, the Ld. Advocate for Plaintiff. Mr. Suryakant Botlawar, the…

    Read Full Order
    Order 1Full order available
    14 Feb 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010037882018). 1 Notice of Motion No. 1183/2018. in L.C. Suit No. 768/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1183 OF 2018. IN L.C. SUIT NO. 768 OF 2018. Sanjay Tukaram Sarmalkar………………………… …. PLAINTIFF. V/s. MCGM. ....………………………………………........ …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE. (Court Room No.11). DATED : 14th February, 2025. APPEARANCES : Mr. B.P. Shukla, the Ld. Advocate for Plaintiff. Mr. Suryakant Botlawar, the…

    Read Full Order

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