Order Details: Notice of Motion Pdf Text: NM 168518 in SU 119818 : 1 : Dt. 14.08.2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1685 OF 2018 (CNR NO. MHCC010055842018) IN LONG CAUSE SUIT NO. 1198 OF 2018 (CNR NO. MHCC010039002018) Mr. Shankar Bhiku Rahate ...Plaintiff Versus 1. Municipal Corporation for Greater Mumbai 2. Assistant Municipal Commissioner M / West Ward 3. Designated Officer ...Defendants CORAM : HER HONOUR JUDGE SANJASHREE J. GHARAT (C.R. NO.…
SUIT - SHORT CAUSE CIVIL SUIT
Mr. Shankar Bhiku RahateVsMCGM +2 more
CNR MHCC0100390020184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101198/2018
- Registration Date
- 25 Apr 2018
- Next Hearing Date
- 06 Oct 2026
- Case Stage
- RECORDING EVIDENCE P.H.
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order39
Case History / Proceedings
Case History
Date: 26-04-2018
Business: Adv.Mr.Davare for Plff.present.
Adv.for Plff.tendered original registered N/m No.1684/18 t.o.r.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adjd.for N/m hearing on 30.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Adv. Mr. Vidnyan Daware for Plaintiff present.
Adv. Tadavi for defendant / BMC present.
Heard Adv. For plff. adjd. to argument on deft. Corporation.
Adjd. to 10.07.2018
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 10-07-2018
Date: 10-07-2018
Business: None for plff.
Adv. Ms. Tadavi for defendant / BMC present.
Heard argument of corporation.
Adjd. to 19.07.2018 for N/m order.
Next Purpose: NM ORDERS
Next Hearing Date: 19-07-2018
Date: 19-07-2018
Business: Adv.Mr. Daware for Plaintiff present.
Adv.Ms. Tadavi for defendant / BMC present.
Adjd. to 02.08.2018 for N/m order.
Next Purpose: NM ORDERS
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: Plaintiff present. Advocate absent.
Adv. Ms. Tadavi for defendant / BMC present.
Adjd. to 09.08.2018 for N/m order.
Next Purpose: NM ORDERS
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: As court is on half day leave. Hence board is discharged.
Adjd to 14/08/2018 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Plff present. Adv Sagar Batavia for plff present.
Adv Tadavi for BMC/deft present.
FRSR. The following order is passed.
Order on Notice of Motion -
1. NM is allowed and made absolute in terms of prayer clause (a).
2. The Defendant/Corporation, their agents, officers or anybody acting on their behalf are hereby restrained by way of ad interim injunction from acting upon the impugned notice and order till final decision of the suit.
Adjd to 4/10/2018 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Plaintiff present. Advocate absent.
Adv. Kamble h/f Adv. Vyawahare for defendant no.1 / BMC present.
Matter adjd. to 13.12.18 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Adv Sagar Batavi for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adjd to 16/02/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2019
Date: 16-02-2019
Business: Adv Daware for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adjd to 11/04/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv. Ms. Prarna Pagare for Plff present and tendered draft issues. t.o.r. Copy is served to otherside.
Adv. Mrs. Mhatre for MCGM/deft. present.
Issues are framed.
Adjd to 16/7/2019 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Mentioned by precipe. NOB. TOB.
Adv. K. Andrews for plaintiff present and tendered draft Ch/s with affidavit.
Leave is granted to register Ch/s, r/o next date.
Already adjd to 16.07.2019 for Ch/s service/reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Mentioned by precipe. NOB. TOB.
Adv. K. Andrews for applicant present and tendered draft Ch/s along with affidavit. Leave is granted to register the Ch/s r/o next date.
Adjd to 16.07.2019 for Ch/s service/reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Court is on leave today hence, Board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: As P.O. is training at Uttan, matter is adjd. till next date
Next Purpose: C/S REPLY
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Prerana Pagare for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Gharat for applicant present and tendered original C/S NO. 1189/19 along with affidavit. And original registered NM No. 2441/19 along with affidavit.
Copies served to other side.
Adjd to 20-12-2019 for C/S and NM Reply .
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Prerana Pagare for plaintiff present and tendered reply to C/S. Copies served to other side.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
Adv. Gharat for applicant present.
On oral request of advocate for Defendant, adjournment granted
Adjd to 17-02-2020 for C/S hearing and N/M reply. .
Next Purpose: C/S HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv.Prema Pagare for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Adv. Andrews for applicant present.
Matter adjd to 17.04.2020 for ch/s hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: C/S HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: C/S HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: None for Plaintiff present.
Adv. Khandagale for Defendant/MCGM present.
None for applicant.
Matter adjd to 11/11/2020 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
None for applicant.
Matter adjd to 25/01/2021 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv. Prerna Pagare h/f Adv.Daware for plaintiff present. Plaintiff is also present.
Adv. Khandagle for deft/MCGM present.
Adv. Gharat for applicant present.
By Consent, matter adjd to 15/02/2021 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. V. S. Daware for plaintiff present and tendered reply to NM No.2441/19 and additional reply to Ch/s No.1189/19. TOR. Copies are served to other side.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM and Ch/s.
Time is granted till next date.
Adv. J. S.Kini with Adv. Gharat for applicant present.
Matter adjd to 24/02/2021 for NM and Ch/s Reply by deft /MCGM/NM and Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Mr. V. S. Daware for plaintiff present.
Adv. Ms. Hazare h/f Adv. Khandagale for deft/MCGM present.
Adv. Gharat for applicant present and requests for time. Time is granted till next date.
Matter adjd to 21/04/2021 for NM and Ch/s Reply by deft/MCGM/NM and Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Due to Covid-19.
Next Purpose: C/S HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Advocate Mr. Daware for plaintiff is present.
Advocate Tondvalkar for deft./MCGM is present and filed say on C/S itself.
Advocate Mr. Mahamuni for applicant is present.
As Court is busy in urgent hearing of NM in Suit No.3074/19, this matter is adjourned.
Adjourned for C/S hearing to 03.12.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Prerana Pagare h.f. Adv. Daware for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. Mahamuni h.f. Adv. K. Andrews for applicant present.
Matter is adjd to 23/02/2022 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Plaintiff is present. His advocate absent.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. Mahamuni h/f Adv. K. Andrews for applicant present.
K.B.
L.O. at 4.00 p.m.
Adv V.S. Daware for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv J.S. Kini with Adv Gharat and Mahamuni for applicant present.
Heard both sides on Ch/s No.1189/2019.
Adjd. to 02/03/2022 for order on Ch/s No.1189/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv Akash Bharit h/f Adv V.S. Daware for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Gharat for applicant present.
F.R.S.R. Following order is passed on Ch/s NO.1189/2019
ORDER
1. The Ch/s No. No.1189/2019 in Suit No.1198/2018 is made absolute.
2. The plaintiff is directed to add applicant as a party defendant in the suit by amending the plaint within stipulated period.
3. The plaintiff is directed to serve the copy of amended plaint to all defendants.
4. The Ch/s No.1189/2019 in Suit No.1198/2018 is disposed off accordingly.
Adjd. to 06/04/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: HHJ is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
None for applicant.
Adjd. To 01/07/2022 for compliance.
L.O.
Adv Gharat for applicant present.
Adjd. To 01/07/2022 for compliance.
L.O.
Adv Prerna Pagare h/f Adv D.S. Daware for plaintiff present and orally requests for extension of time to carryout amendment.
O- Plaintiff is directed to carryout amendment till next date.
Adjd. To 01/07/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Prerana Pagare h/f Adv. Vidnyan Daware for plaintiff present and supplied the copy of amended plaint to other side.
Adv. Mrs. Tondwalkar for defendant Nos. 1 to 3/ MCGM is present and has given say on N/M No. 2440/2019 overleaf.
Adv. Gharat for deft. No. 4 present and requested for time to argue on N/M. Time is granted as a last chance.
Adjd. to 25/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. V. S. Dawre for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
C.A. of deft. No.4 present, his advocate absent.
Plaintiff to provide copy of amended plaint to other side.
Adjd. to 12/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Akash Bharit h/f Adv. V. S. Daware for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Plaintiff is also present.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
Adv. Mahamuni for deft No.4 present.
Adjd. to 16/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Akhil Ukade for plaintiff present and requested time argue on N/M. Time is granted till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
Adv. Mahamuni for deft. No.4 present.
Adjd. to 14/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Akhil Kupade with Adv. V. A. Daware for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
Mr. Ganesh Javhadikar C.A. of defendant No.4 present and requested time to aruge on N/M. Time is granted till next date.
Deft. No.4 and his advocate absent.
Adjd. to 08/03/2023 for R/E and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Prerna Pagare h/f Adv. Vidnyan S. Daware for plaintiff present and tendered written notes of arguments, TOR and marked as Exh.5. Copy is supplied to other side.
Adv. Mr. Suryavanshi for defendant Nos.1 to 3/ BMC is present.
Defendant No.4 present, his advocate absent.
Adjd. to 03/04/2023 for R/E and N/M hrg. of defendant Nos.1 to 4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv. Daware for plaintiff is present.
Adv. Suryavanshi for defendant no. 1 to 3 is present.
Adv. Gharat for defendant no.4 requested time to argue N.M. O-Time granted.
Adjd. To 03/05/2023 for Recording Evidence and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant no.1 to 3/ BMC is present.
Adv. Mr. Gharat for defendant no. 4/ BMC is present.
KB
LO
Same appearance.
On oral request of advocate for defendant no. 4, matter is adjourned.
Adjd. to 05.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: P O Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Advocate Prerna Pagare for plaintiff present.
Adv Rohit Pandey h/f Mahamuni for def No.4 present and submitted that Sr. Adv is busy in Hon’ble High Court. It appears that this is third date of argument of defendant No. 4 on NM. Hence time granted as a last chance.
Advocate Mhatre h/f Suryavanshi for defendant No. 1 to 3/BMC present. Matter adjourned 28.08.2023 as per request of advocate of def No. 4.
Adjd to 28.08.2023 for NM Hearing /P.H.
Next Purpose: NM P.H.
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Advocate Vidnyan Daware for plaintiff present.
Adv. Gharat h/f Adv. Mahamuni for defendant No. 4 present and submitted that Adv Mahamuni is not present due to his personal difficulty and seeks time to argue NM. Hence, matter adjourned.
Advocate Suryavanshi for defendant No. 1 ot 3/BMC present.
Adjd to 13.09.2023 for NM Hearing /P.H
Next Purpose: NM P.H.
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Plaintiff present and his advocate is absent.
Adv. Gharat deft No. 4 present.
Advocate Suryavanshi for defendant/BMC present.
keep back
L.O. 3.57 p.m.
Adv. Gharat for deft No. 4 present and submitted that Sr. Adv. Mahamuni busy in Honourable High Court and seeks time. Hence adjourned as a last chance.
Adjd to 04.10.2023 for NM Hearing/N.M.P.H.
Next Purpose: NM P.H.
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Plaintiff and his Adv. Prerna Pagare are present
Adv. Gharat for deft No.3 present and requested to keep back matter. Hence kept back
Adv. Ms. Dhuri for defendant No. 1 and 2/BMC present
keep back after 4.30 p.m.
Adv. J. S. Kini a/w Gharat for deft No. 3 present.
Heard argument of adv for deft No. 3.
On oral request of adv for plaintiff, matter adjourned.
Adjd to 18.10.2023 for NM Hearing by plaintiff/P.H.
Next Purpose: NM P.H.
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Advocate Prerna Pagare h/f Daware for plaintiff present.
Adv Gharat for deft No. 4 present
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
Heard argument of deft/BMC.
Adjd to 30.10.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Plaintiff and his Advocate Apurva Pagare are present.
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
None present for deft No. 4
As Court is busy in hearing urgent Ad-interim, NM and ch/s hearing, due to paucity of time matter adjourned
Adjd to 08.11.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Plaintiff present and his Adv is absent
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
Adv. Gharat for deft No. 4 present.
As Court is busy in ad-interim order and urgent matter, due to paucity of time matter adjourned
Adjd to 02.12.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: Plaintiff present and his Adv is absent.
Advocate Suryavanshi for defendant/BMC present.
keep back
later on
Same appearance
As Court busy in dictating order in Ch/s. Due to paucity of time matter adjourned
Adjd to 06.12.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Plaintiff present and his Adv is absent.
Advocate Suryavanshi for defendant No.1 to 3/BMC present.
Adv Gharat for deft No. 4 present.
As court is busy in hearing NM part heard and ad-interim hearing, due to paucity of time, matter adjourned.
Adjd to 18.12.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Plaintiff present and his Adv is absent.
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
None present for deft No. 4
F.R.S.R. Following order is passed in NM No. 2441/2019
ORDER
Notice of Motion is dismissed.
Deft No. 4 appeared in view of order in ch/s No. 1189/2019 but not filed WS. Hence matter adjourned for NO WS order against deft No. 4.
Adjd to 21.02.2024 for No WS order
Next Purpose: ORDER
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No.1 to 3/BMC present.
Adv. Narendra Gharat for deft No. 4 present and submitted that deft No. 4 has been added and copy of amended plaint is not yet served upon him. Hence matter adjourned for service of writ of summons upon deft No. 4.
Adjd to 24.04.2024 for service of writ of summons upon deft No. 4
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Advocate Prerna Pagare h/f Daware for plaintiff present.
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
Adjd to 21.06.2024 for service of writ of summons upon deft No. 4
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Ms. Pagare h/f Adv.Daware for plaintiff present
Adv. Mrs. Vyawahare for Deft.Nos.1 to 3/ B. M. C. present
Adv. Mr. Tajane for D/4 present and tendered Written Statement. T. O. R. and marked Exh.6, copy of which is given to the plaintiff and B. M. C.
Matter is adjd. to 15/7/2024 for additional Issues.
Next Purpose: ADDITIONAL ISSUES
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: Plaintiff and his Adv Prerana Pagare h/f Daware are present.
Advocate Honmane for defendant No.1 to 3/BMC present.
Adv. Mahamuni for deft No. 4 present.
Perused the issues below Exh. 4 and WS filed by deft No. 4. The assertion made in the WS of deft No. 4 is covered by issues framed below Exh. 4. Thus there is no need of framing additional issues. Hence matter adjourned.
Adjd to 31.07.2024 for list of witnesses and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Plaintiff present.
Advocate Prerna Pagare h/f Daware for plaintiff present and submitted that original document are filed in Small Cause Court and requested for adjournment. The suit is of year 2018 and issues are framed on 2019 and since then suit is pending for plaintiff evidence. However in the interest of justice time is granted as a last chance.
Advocate Honmane for defendant No. 1 to 3/BMC present.
None present for deft No. 4
Adjd to 21.08.2024 for plaintiff evidence/R.E.
Later on 11.15 p.m
Adv. Mahamuni for deft No. 4 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Advocate Naina Pagare h/f Daware for plaintiff present and
filed application for adjournment marked as Exh. 7.
Advocate Honmane for defendant No. 1, 2 and 3/BMC
present.
Adv Tajne h/f Gharat for deft No. 4 present
Shri. Ganesh Krishna Devadiga, the C. A of deft No. 4 present.
Adv for deft No. 4 opposed application.
Heard argument of both sides on Exh. 7
Order below Exh. 7
1 The plaintiff seeking adjournment for leading evidence on ground that original document as well certified copy are filed in Small Causes Court. The plaintiff applied for return of those documents but Small Cause Court ordered that they will return document once it is exhibited.
2. Defendants strongly opposed application. It is stated that plaintiff is delaying the matter and this is harassment of defendant. The application is without reason and merit.
3. Perused application and reply.
4. Heard Adv for the parties.
Adv for plaintiff submitted that the documents which are relevant are filed in Small Causes Court and same are not received by the plaintiff. The matter is of year 2018 and on previous date last chance was granted. The issues are framed in year 2019. In the circumstances and considering the reason for adjournment and in the interest of justice one more last chance is granted
Adjd to 25.09.2024 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Plaintiff present.
Advocate Honmane for defendant No. 1 to 3/BMC present.
C.A. of deft No. 4 present.
keep back
Later on 12.53 p.m
C.A. of deft No. 4 present.
When called none present for plaintiff. On previous date matter was adjourned as a last chance. Today morning plaintiff was present and matter was kept back on his request but later on plaintiff left the Court. Hence matter adjourned and kept for dismissal of suit.
Adjd to 19.10.2024 for dismissal of suit.
Later n 4.05 p.m
Adv. Prarna Pagar h/f Daware for plaintiff present and requested time to file evidence stating that the documents are not yet received by plaintiff from Small causes Court.
Adv. Tajne for deft No. 4 present and opposed adjournment stating that already last chance has been granted.
adv for plaintiff submitted that matter be kept day after tomorrow ie 27.09.2024. hence matter adjourned.
Adjd to 27.09.2024 for admission denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-09-2024
Date: 25-09-2024
Business: Plaintiff present.
Advocate Honmane for defendant No. 1 to 3/BMC present.
C.A. of deft No. 4 present.
keep back
Later on 12.53 p.m
C.A. of deft No. 4 present.
When called none present for plaintiff. On previous date matter was adjourned as a last chance. Today morning plaintiff was present and matter was kept back on his request but later on plaintiff left the Court. Hence matter adjourned and kept for dismissal of suit.
Adjd to 19.10.2024 for dismissal of suit.
Later n 4.05 p.m
Adv. Prarna Pagar h/f Daware for plaintiff present and requested time to file evidence stating that the documents are not yet received by plaintiff from Small causes Court.
Adv. Tajne for deft No. 4 present and opposed adjournment stating that already last chance has been granted.
adv for plaintiff submitted that matter be kept day after tomorrow ie 27.09.2024. hence matter adjourned.
Adjd to 27.09.2024 for admission denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: PW-1 present.
Advocate Prarna Pagare h/f Daware for plaintiff present and tendered affidavit of evidence of PW-1 Exh.8 alongwith compilation of document marked as Exh.9 O- Other side to admit or deny. Copies are supplied to adv for deft/BMC and copies of deft No. 4 kept in R & P.
Advocate Honmane for defendant No. 1 to 3/BMC present.
None present for deft No. 4.
Adjd to 21.10.2024 for admission denial/RE.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Parna pagare h/f Daware for plaintiff present.
Advocate Honmane for defendant No. 1 to 3/BMC present.
C.A. of deft No. 4 present.
Adv Tajne for deft No. 4 present.
Copy of evidence and compilation of document received by deft No. 4
Adjd to 22.11.2024 for hearing on Exh. 9/
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
Adv. Ms. Prarna Pagare h/f Adv. Mr. Daware for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant No. 1 to 3/ MCGM is present. Adv. Mr. Vishal Natekar for defendant No. 4 present. Heard both the sides on Exh. 9. The matter is kept back.
Later on at 1.35 p.m.
The appearance is as above. Adv. Mr. Hanumant Tajne for defendant No. 4 present.
Order below Exhibit 9:
Documents at Sr. Nos. 2 to 8 and 13 to 18 are the photocopies of the documents filed without laying any foundation for tendering the same in evidence and therefore, the same can not be exhibited. Whereas defendant Nos. 1 to 3 admitted documents at Sr. Nos. 1, 9 to 12. Hence, keeping open all the defenses, the same are exhibited as follows:
Copy of Order dtd. 16.03.2018. It is marked at Exhibit 10
Copy of Birth Certificate-1997 It is marked as Exhibit 11
Copy of Death Certificate-1985 It is marked as Exhibit 12
Copy of Death Certificate-2016 It is marked as Exhibit 13
Copy of receipt Vide No. 2766595 It is marked as Exhibit 14
The plaintiff is called upon to take suitable steps before admissibility of the rest of the documents as evidence.
Adjourned for Steps/RE.P.H. to 27.01.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mrs. Prerna Pagare for the plaintiff is present and sought time to file documents. Time is granted strictly as a last chance. In default, the suitable orders would follow. Adv. Mrs. Sangita Honmane for defendant Nos. 1 to 3/MCGM is present. Adv. Mr. Mahamuni for defendant No. 4 present.
Adjourned for steps/R.E.P.H. to 21-03-2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. Adv. Ms. Prerana Pagare h/f Adv. Mr. Daware for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant Nos.1 to 3/MCGM is present. Mr. Ganesh Devadiga - C.A. - Son of Defendant No. 4 present in person. Adv. Narendra Gharat for defendant Nos. 4 is present. On the say of Advocate for plaintiff, the matter is kept back.
Later on at 12.05 pm
The appearance is as above. Advocate for plaintiff filed additional affidavit. Taken on record. It is marked as Exhibit 15. O- Read and Recorded. She also filed list of documents. Taken on record. It is marked as Exhibit 16. O- Other side to say. PW-1 Shankar Bhiku Rahate is resumed on S.A. and his cross examination is deferred till next date.
Adjourned for Admission denial/R.E.P.H. to 23.07.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Plaintiff present.
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present
Adv Gharat for defendant No.4 present.
Say filed on Exh-16 by defendants
Adjourned for exhibiting of documents / RE to 10.09.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Prarna Pagare h/f Adv. Mr. Daware for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adv. Mr. Mahamuni a/w Adv. Mr. Narendra Gharat for defendant No. 4 is present.
Order Below Exhibit 16:
Perused additional examination in chief affidavit of the plaintiff. I have gone through all documents and reply filed by defendant minutely.
Document at sr. No. 1 is certified copy of list of documents at page No. 1 to 7. it being certified copy marked as Exhibit 17
and read into evidence.
Document at Exhibit A – is certified copy of property Card. It has Remark stating that the genuineness and correctness of the document is not authenticated. Therefor it can not be read in to evidence.
Document at Exhibit B : A to M are certified copies of documents which are duly referred in the list. They are certified copies taken out from the Court of Small Causes. They being certified copies, barring and excluding the proof of contents of those documents, being certified copies they all are marked as Exhibit and read into evidence. Aforesaid document are respectively marked as Exhibit 18 to Exhibit 31.
Both parties to take note of this Order.
Adjourned for cross examination of PW-1/R.E.P.H. to 15.10.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
The plaintiff is present in person and requested for adjournment.
His Adv is absent.
Adv. Ms. Vidya Vyavhare for defendant Nos. 1 to 3/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 4 is present.
Adjourned for RE.P..H. to 19.12.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Date: 09-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
PW-1 is present. His Adv is absent.
Adv. Ms. Vidya Vyavhare for defendant No. 1 to 3/MCGM is present.
C. A. of defendant No. 4 is present. His Adv is absent.
Adjourned for cross examination of PW-1/R.E.P.H. .to 18.02.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is present.
Adv. Vidnyan Daware for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant No. 1 to 3/MCGM is present.
C.A. of defendant No. 4 is present.
Adjourned for cross examination PW-1/R.EP.H. to 16.03.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiffs are present and their advocate is absent.
Adv. Sheetal Waghmare h/f Adv. Vyavhare for the defendant No. 1 to 3/MCGM is present.
Adv. Gharat For defendant No .4 is present.
Defendant No. 4 is present.
Adjourned for cross examination PW-1 by defendant No. 4/R.EP.H..to 17.06.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Prarna Pagare h/f Adv. Daware for the plaintiff is present.
PW-1 is present.
Adv. Ms. Vidya Vyavhare for defendant No. 1 to 3/MCGM is present.
Adv. S.G. Mahamuni for defendant No. 4 is present.
Adjourned for cross examination of PW-1 by defendant/MCGM to 06.07.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-07-2026
Date: 06-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is present. His adv is absent.
Adv. Mahamuni a/w Adv. Jagruti Yadav for defendant No. 4 is present.
None present for defendant/MCGM
Adjourned for evidence of defendants/RE.P.H.to 10.09.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2026
Date: 10-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff and his Adv. Mr. Prerna Pagare are present.
Adv. Mr. G. V. Jawale for defendant/MCGM is present and seeks time to file evidence affidavit. O- Time is granted.
Adv. Mahamuni for defendant No . 4 is present.
Adjourned for evidence by defendant/MCGM .to 06.10.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-10-2026Additional Case Details
Additional Case Details
Filing Number: 104308/2018 Filing Date: 21-03-2018 First Hearing Date: 26th April 2018 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
2Interim Order 1Full order available
14 Aug 2018
Order 1Full order available
14 Aug 2018
Order Details: Notice of Motion Pdf Text: NM 168518 in SU 119818 : 1 : Dt. 14.08.2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1685 OF 2018 (CNR NO. MHCC010055842018) IN LONG CAUSE SUIT NO. 1198 OF 2018 (CNR NO. MHCC010039002018) Mr. Shankar Bhiku Rahate ...Plaintiff Versus 1. Municipal Corporation for Greater Mumbai 2. Assistant Municipal Commissioner M / West Ward 3. Designated Officer ...Defendants CORAM : HER HONOUR JUDGE SANJASHREE J. GHARAT (C.R. NO.…
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