Order Details: Notice of Motion Pdf Text: 1 NM no. 1274-18 in L.C.SUIT no.867-18 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO. 1274 OF 2018 (CNR no. MHCC010040532018) IN LONG CAUSE SUIT NO. 867 OF 2018 (CNR no. MHCC010038222018) Mr. Altaf Haji Sayyed ] Altaf Pan Bidi Shop, Opp. R. K. Studio ] CTS no. 667, Sion Trombay Road ] Chembur (East), Mumbai 400071. ]....Plaintiff V/s The Municipal Corporation of ] Gr. Mumbai, having…
NOTICE OF MOTION
Mr. Altaf Sayyed - Suit Stamp No.4244 of 2018VsMCGM And Ors
CNR MHCC0100405320188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th July 2019
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101274/2018
- Registration Date
- 26 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 27-03-2018 Business: Adv.Mr.Pratap Singh for Plff.present. Adv.for Plff.tendered original registered N/m No.1274/18 t.o.r. Adv.Mrs.Tadavi for BMC/Deft present. Copy of Reply submitted to other side. Adv.for BMC.tendered list of documents t.o.r. Adv.for Plff. sought time to file rejoinder. Adjd.for N/m rejoinder/hearing on 31.03.2018. Earlier order to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 31-03-2018 Date: 31-03-2018 Business: Son of Plff.present. Adv.Mr.Pratap Singh for Plff.present. Adv.Mrs.Tadavi for BMC/Deft.present. Adv.for Plff.submitted that the rejoinder is ready but due to some reason it can not be affirmed. On his oral request adjd.for N/m rejoinder and hearing on 03.04.2018. Earlier order to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 03-04-2018 Date: 03-04-2018 Business: Adv Mr.Pratap Singh for Plff.present. Adv.Mrs.Tadavi for BMC/Deft.present. Adv.for Plff.filed rejoinder t.o.r. Adjd.for N/m hrg.on 10.04.2018 on first Sessions. Earlier order to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 10-04-2018 Date: 10-04-2018 Business: None for Plff. Adv.Mrs.Tadavi for BMC/Deft.present and filed vakalatnama t.o.r.and marked at Exh.2. Hd.Ld.adv.for MCGM on N/m No.1274/18. Till 11.45 hours none appeared for the plff. The previous roznama shows that matter is fixed for hearing in first session. Hence keep the matter for N/m order on 26.04.2018 till then earlier order is continued. Next Purpose: NM ORDERS Next Hearing Date: 26-04-2018 Date: 26-04-2018 Business: Plff.Altaf Haji Sayyed is present. Adv.Mr.Ravindra Singh h/f Adv.Pratap Singh for Plff.present before the court. Adv.Mrs.Tadavi for BMC/Deft.present. The Ld.adv.for MCGM has raised objection about th fact that adv.Mr.Ravindra Singh do not have vakalatnama in the present case and therefore he cannot make any submission. On perusal of the record,....Considering the practice, as it is common in the City Civil Courts that the advocates holding for the advocates on record are permitted to address and mentioned about the proceedings, the objection as raised by Mrs.Tadavi is not consider at this stage as the plff who is present before the court submitted that Adv.Ravindra Singh is instructed by Adv.Pratap Singh. Hence the written notes of arguments filed by plff t.o.r and marked at Exh.3. the MCGM is permitted to file written notes of arguments if any, or permitted to make any further submission. Adjd.for fling written submission and vakalatnama of MCGM on 05.06.2018. Earlier order to conti Next Purpose: HEARING Next Hearing Date: 05-06-2018 Date: 05-06-2018 Business: Adv. Datta Singh for Plaintiff present. Adv. Ms. Tadvi h/f. Adv. Mrs. Kamble for defendant / BMC present. She filed fresh vakalatnama t.o.r. and marked as Exh. 2-A. O - Earlier Order to continue till next date. Adjd. to 21.06.2018 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-06-2018 Date: 21-06-2018 Business: Adv. Mr. Pratap Singh for plaintiff present. Adv. Ms. Tadavi for BMC present. Advocate for plaintiff submitted that the matter is already argued before my predecessor and therefore intends to file transfer application. Earlier order to continue till next date. Adjd to 12.7.2018 for N/M hearing and transfer application status. Next Purpose: NM FOR HEARING Next Hearing Date: 12-07-2018 Date: 12-07-2018 Business: Adv. Mr. Pal for Plaintiff present. Adv. Ms. Tadavi for defendant / BMC present. O - Earlier order to continue till next date. Adjd. to 27.07.2018 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-07-2018 Date: 27-07-2018 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 09-08-2018 Date: 09-08-2018 Business: (Incharge of C.R.No.08) Adv . Mr. Pal for Plff. present. Adv. Ms . Tadvi for deft. /BMC present. Earlier order to continue till next date. Adjd. for NM hearing to 23.08.2018. Next Purpose: NM FOR HEARING Next Hearing Date: 23-08-2018 Date: 23-08-2018 Business: Adv Singh for plff present. Adv Vyavhare for BMC/deft present. Earlier order to continue till next date. Adjd to 27/09/2018 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-09-2018 Date: 27-09-2018 Business: Adv. Pratap Singh for plaintiff present. Adv. Kamble for defendant no. / BMC present. Adv. for the plaintiff submit that transfer application is filed before Hon''ble Principal Judge. Earlier order, if any, to continue till next date. Matter adjd. to 27.11.18 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-11-2018 Date: 27-11-2018 Business: Plaintiff present. Adv. absent. Adv. Mrs. Vyavhare for Defendant/BMC present. Adjd. to 15.01.2019 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-01-2019 Date: 15-01-2019 Business: Adv Pratap Singh for plff present. Adv Mrs.Vyavhare for BMC/deft present. Earlier order, if any, to continue till next date. Adjd to 12/03/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-03-2019 Date: 12-03-2019 Business: Plff present. Adv. Mr. R. Singh for Plff present. Adv. Mrs. Vyavhare for MCGM/deft present. On oral request of advocate for Defendant, adjournment granted as last chance. Earlier order, if any, to continue till next date. Adjd to 28/3/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 28-03-2019 Date: 28-03-2019 Business: Adv. Mr. Pal h/f Adv. Mr. P. Singh for Plff present. Senior Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/Deft present. Earlier order, if any, to continue till next date. On oral request of advocate for Plff, adjournment granted as last chance. Adjd to 18/4/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 18-04-2019 Date: 18-04-2019 Business: Earlier order, if any, to continue till next date. Matter is adjd to 25/04/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 25-04-2019 Date: 25-04-2019 Business: Adv. Mr. Pal h/f Adv. Mr. P. Singh for Plff present. Adv. Mrs. Vyavhare for MCGM/deft present. KB - LO at 3.50 p.m. Adv. Mr. Pratap Singh for Plff present. Adv. Mrs. Vyavhare for MCGM/deft present. On oral request of advocate for Plff, adjournment granted as last chance. Earlier order, if any, to continue till next date. Adjd to 2/5/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 02-05-2019 Date: 02-05-2019 Business: Adv. Mr. Pal h/f Adv. Mr. Pratap Singh for Plff present. Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/deft. present. KB - LO at 5.00 p.m. Adv. Mr. Pratap Singh for Plff present. Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/Deft present. On oral request of advocate for Plff, adjournment granted. Earlier order, if any, to continue till next date. Adjd to 3/5/2019 for N/M hearing at morning session. Next Purpose: NM FOR HEARING Next Hearing Date: 03-05-2019 Date: 03-05-2019 Business: None for Plff. Adv. Mrs. Bhoir h/f Adv. Mrs. Vyavhare for MCGM/ Deft present. KB - LO at 12.25 p.m. Adv. Mr. Pratap Singh for Plff present. Counsel Mr. Raees with Adv. Mrs. Bhoir h/f Adv. Mrs. Vyavhare for MCGM/Deft present. Heard arguments of both side on N/M. Adjd to 6/6/2019 for N/M order. LO at 3.10 p.m. Adv. Mr. Pratap Singh for Plff present and tendered draft Ch/s alongwith affidavit. O. - Leave is granted to register the Ch/s. Already adjd to 6/6/2019 for N/M order and service and reply to Ch/s. Next Purpose: NM ORDERS Next Hearing Date: 06-06-2019 Date: 06-06-2019 Business: Plaintiff present. His advocate is absent. Adv. Khandagle for Def. MCGM present. l.o. at 3.15 p.m. Adv. Pratap Singh for plaintiff present. Ld. advocate. For plaintiff orally submits that in compromise talks between the parties, the developer has handed over draft agreement for approval to the plaintiff and the plaintiff has also approved the same with minor changes. According to him the matter is likely to be settled amicably and the plaintiff will withdraw the suit on or before next date if the agreement will be executed. Hence, adjourned till next date. Earlier order, if any, to continue till next date. Adjd to 19.07.2019 for NM orders. Next Purpose: NM ORDERS Next Hearing Date: 17-06-2019 Date: 17-06-2019 Business: Mentioned by precipe. NOB. TOB. Adv. Khandagle with Adv. Raeez for MCGM/Def. present. None for plaintiff. Ld. Adv. for Def/MCGM orally submits that public project is being held up due to longer date and due to water logging during rainy season it may cause major problem in the area. On oral request of ld adv for def./MCGM date is preponed to 01.07.2019. Def. MCGM is directed to inform about preponement of date to the plaintiff well in advance. Adjd to 01.07.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-07-2019 Date: 01-07-2019 Business: Plaintiff present, his advocate is absent. Adv. Khandagle for MCGM/Deft. present. Kept back. Adv. Pratap Singh for plaintiff present. On 06.06.2019, oral statement was made by ld. Adv. for plaintiff that compromise talks are going on between the parties. Ld. Adv. for the plaintiff submits today that the builder/developer is delaying the compromise with hope that if adverse order is passed against plaintiff it will benefit him. On previous date i.e. 17.06.2019, matter was taken on board by defendant MCGM and it was stated that the order on NM be passed at the earliest to avoid water logging in the area. Today the matter is inadvertently shown under the caption NM reply. As the matter is preponed last opportunity is given to the plaintiff to bring on record compromise, if any, on or before next date. As submitted rightly by the defendant MCGM the inter se dispute between the developer and plaintiff has no bearing on the issue of notice u/s 351 of MMC Act. Therefore matter is now fixed for order on 05.07.2019. Earlier order, if any, to continue till next date. Adjd to 05.07.2019 for NM order. Next Purpose: NM ORDERS Next Hearing Date: 05-07-2019 Date: 05-07-2019 Business: Adv. Pratap Singh for plaintiff present. Adv. Khandagle for MCGM/Deft. present. FRSR the following order is passed on NM No. 1274/18 - ORDER 1. Notice of motion No. 1274/2018 is dismissed. 2. Costs in cause. Ld. adv. for plaintiff requests for continuation of earlier order to prefer appeal. Ld. Adv. for defendant MCGM opposes the prayer. On oral request of ld. Adv. for plaintiff earlier order to continue for three weeks from today. Authenticated copies be given to the both parties. Adjd to 21.08.2019 for written statement. Nature Of Disposal: DISMISSED Disposal Date: 05-07-2019
Additional Case Details
Additional Case Details
Filing Number: 104465/2018 Filing Date: 26-03-2018 First Hearing Date: 27th March 2018 Decision Date: 05th July 2019 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
05 Jul 2019
Order 1Full order available
05 Jul 2019
Order Details: Notice of Motion Pdf Text: 1 NM no. 1274-18 in L.C.SUIT no.867-18 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO. 1274 OF 2018 (CNR no. MHCC010040532018) IN LONG CAUSE SUIT NO. 867 OF 2018 (CNR no. MHCC010038222018) Mr. Altaf Haji Sayyed ] Altaf Pan Bidi Shop, Opp. R. K. Studio ] CTS no. 667, Sion Trombay Road ] Chembur (East), Mumbai 400071. ]....Plaintiff V/s The Municipal Corporation of ] Gr. Mumbai, having…
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