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NOTICE OF MOTION

Koteshwar Deep CHS LtdVsMCGM +1 more

CNR MHCC01004066201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 11th October 2018

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101281/2018
Registration Date
26 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 26-03-2018
    Business: (Incharge Court of C. R. No. 11) Advocate Mr. Govad for the Plaintiff present. Advocate Mangade for BMC/deft. present. Earlier order to continue till next date. Matter adjd to 23.04.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 23-04-2018
    
    Date: 23-04-2018
    Business: Advocate Mr. Pawar with Tiwari for the plaintiff present.
    Advocate Mr. Abhijeet with Ms. Tondwalkar for BMC/deft present.
    As the court is busy in preceipe matters and urgent matters. Hence, matter adjd to 2.05.2018.
    Next Purpose: REPLY
    Next Hearing Date: 02-05-2018
    
    Date: 02-05-2018
    Business: Advocate Mr. Diwate for the Plaintiff present.
    Advocate Mr.  Abhijeet Mangle for BMC/deft present.
    Reply cum written statement tendered by BMC/deft. t.o.r. O-filed.
    Earlier order to continue till next date.
    Matter adjd to 6.06.2018 for N/M hearing/ draft issues.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Adv Charusheela for the plaintiff present.
    She filed original NM 1281/18 alongwith affidavit t.o.r.
    She submits that her cousel is busy before Hon\''ble High Court.
    Adv Abhijit Mangle for BMC counsel present.
    Earlier order to continue till next date.
    At the request of plaintiff matter adjourned to 20.06.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Before HHJ SMT. S. J. GHARAT, C.R.NO.08
    Adv Tiwari h/f adv Harish Pawar for the plaintiff present.
    Adv Tondwalkar for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 16.07.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Adv Harish Pawar for plaintiff present.
    Adv Tondwalkar alongwith adv Abhijit Mangale for def/BMC present.
    Earlier order to continue till next date.
    Adjourned to 05.09.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Advocate Ms. Rashmi Parab h/f Adv. Ashish Pawar for Plaintiff present.
    Advocate Mr. Akram Khan h/f adv. Abhijit Mangade for BMC present and filed adjournment application, t.o.r. Advocate Ms. Parab gave no objection to adjourn the matter. O-Perused application and say.  Considering say adjournment granted.
    Earlier order to continue till next date.
    Case is adjourned to 05/10/2018 for hearing of Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2018
    
    Date: 05-10-2018
    Business: Advocate Mr.P. S. Tiwari h/f Adv. Harish Pawar for Plaintiff present and submitted that, advocate Mr. Harish Pawar is not available today hence matter should be adjourned.
    Advocate Mr. Abhijeet Mangade h/f adv. Tondvalkar for BMC/Deft present.
    Earlier order to continue till next date.
    Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 06/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Advocate Mr. Matukade h/f Adv Pawar for Plaintiff submitted that, advocate Mr. Pawar could not attend this Court today as Advocate Mr. Pawar has throat infection, however no medical certificate is filed, however learned advocate for Plaintiff is making request to adjourn the matter on Tuesday on the ground that on Monday due to Pitrupaksha and religious ceremony Mr. Pawar will be unable to attend the court.
    Advocate Mr. Abhijeet Mangade @ Tondvalkar for BMC/Deft submitted that, public project work is stopped due to earlier order, hence if court will give adjournment to other side, earlier order should not be vacated.  It is noticed that Plaintiff is intending to delay the hearing of Notice of Motion, however for giving fair opportunity matter adjourned to 09/10/2018. It is made clear that if on Tuesday Plaintiff will not argue the matter, earlier order will stand automatically vacated.
    Earlier order to continue till 09/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Advocate Mr. Harish Pawar for Plaintiff present.
    Advocate Mr. Abhijeet Mangade for BMC/Deft present.
    Heard arguments of both sides.
    Case is adjourned to 10/10/2018 for Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Advocate for Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/Deft present.
    Earlier order to continue till next date.
    Court is busy in dictating Judgment in suit no.1108/12 and hearing Notice of Motions, hence case adjourned to 11/10/2018 for Order on Notice of Motion.
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Advocate Mr. Rohan Hake h/f Adv. Harish Pawar for Plaintiff present.
    Advocate Ms. Hajare for BMC/Deft present.
    F.R.S.R. following order has passed -
                                   ORDER
    1. N/m No.1281/2018 stands rejected/disposed off.
    2. Earlier interim order passed by my Learned Predecessor stands vacated as the property in question is required for public cause of road widening project.
    Nature Of Disposal: DISMISSED
    Disposal Date: 11-10-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 104496/2018
    Filing Date: 26-03-2018
    First Hearing Date: 26th March 2018
    Decision Date: 11th October 2018
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    11 Oct 2018

    Order Details: Notice of Motion Pdf Text: - 1 - n/m 1281/18 in 564/18 IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 1281 OF 2018 IN L.C. SUIT NO. 564 OF 2018 Koteshwar Deep Cooperative Housing Society Ltd. .. Plaintiffs Versus The Municipal Corporation of Gr. Mumbai and Anr. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 11th October, 2018 Mr. Harish Pawar, Ld. adv. for the plaintiff. Mr. Mangade Ld. adv.…

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    Order 1Full order available
    11 Oct 2018

    Order Details: Notice of Motion Pdf Text: - 1 - n/m 1281/18 in 564/18 IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO. 1281 OF 2018 IN L.C. SUIT NO. 564 OF 2018 Koteshwar Deep Cooperative Housing Society Ltd. .. Plaintiffs Versus The Municipal Corporation of Gr. Mumbai and Anr. .. Defendants. CORAM : HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (C.R.NO.11) DATE : 11th October, 2018 Mr. Harish Pawar, Ld. adv. for the plaintiff. Mr. Mangade Ld. adv.…

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