Skip to main content
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

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: 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

    2
    Final 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…

    Read Full Order
    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…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.