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NOTICE OF MOTION

Mulund Shital Darshan Co-op Housing Society LimitedVsChaarudatt Developers and Systems +2 more

CNR MHCC0100415120184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th January 2024

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101310/2018
Registration Date
27 Mar 2018

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

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

Case History / Proceedings

Case History
Date: 03-07-2018
Business: Due to heavy rain board is discharged.
Adjd to 26.07.2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2018

Date: 26-07-2018
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2018

Date: 17-09-2018
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Mr.Sanghavi, committee members of plff society present.
Adv for plff absent.
Adv Mhatre for BMC/deft. present.
Adjd to 18/02/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Mr.Dinesh Shetty, treasurer of plff present.
Adv for plff absent.
None present for defts no.1 and 2.
Adv Mrs.Bhoir h/f adv Mhatre for BMC/deft. no.3 present.
Adjd to 25/03/2019 at 2.45 p.m. for service and reply on NM No.1310/18.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Mr. Dinesh Shetty Treasurer of Plff present.
None for Deft No.1 and 2.
Adv. Mrs. Bhoir for MCGM/Deft No.3 and 4 present.
Adjd to 25/4/2019 for service of N/M.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv. Mr. Bhat for Plff present.
None for Defts No.1 and 2.
Adv. Mrs. Vyavhare h/f Adv. Mrs. Mhatre for MCGM/ Defts No.3 and 4. present.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Adjd to 20/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Manager of plaintiff present.  His advocate is absent.
None for def. no. 1 and 2.
Adv. Mrs. Hajare for Deft.3 and 4 /MCGM present.
On oral request of ld adv for def. 3 and 4, adjournment granted.
Adjd to 25.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Manager of plaintiff present.  His advocate is absent.
Adv. Mrs. Hajare for MCGM/Deft. 3 and 4 present.
None for def. no. 1 and 2.
On oral request of ld adv for def, adjournment granted.
Adjd to 05.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 14-11-2019 for NM Replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Mr.Sohan Chavan, Estate Manager of plaintiff, is present, his advocate is absent.
None for Defendant No. 1 to 2.
Adv. Mrs. Hajare for MCGM/Deft. No.3 and 4  present.
No reply order to NM No. 1310/18 is passed against all defendants.
Matter adjd to 03.3.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv.Bhat for plaintiff present.
None for defendant No.1 and 2.
Adv. Mrs. Hajare for MCGM/Deft.No.3 and 4 present.
 Matter adjd to 16.04.2020 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
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: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None for plaintiff.
None for deft no.1 and 2.
Adv. Khandagale h/f Adv. Ms. Hazare for deft no.3 and 4/MCGM present.
Matter adjd to 04/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Matter adjd to 16/03/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Matter adjd to 15/04/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: As per circular No.79/2021 dt. 12.04.2021 declared holiday on 15.04.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None for plaintiff.
None for defendant nos.1 and 2.
Adv Smita Chavan for defendant nos.3 and 4/ MCGM present.
Adjd. To 25/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. R.G. Bhat for Plaintiff present.
None for Defendant Nos. 1 and 2.
Adv Mrs Rawade h.f. Adv. Chavan for defendant nos. 3 and 4/ MCGM present.
K.B. L.O.
Same appearance.
Partly heard by Ld. Advocate for Plaintiff in NM.
For further argument by Ld. Advocate for Plaintiff in NM, matter is adjd. till next date.
Matter is adjd to 09/12/2021 at 12.30 p.m. for further argument of Plaintiff/(NM P.H.).
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. R.G. Bhat for Plaintiff present.
None for Defendant Nos. 1 and 2.
Adv. Chavan for Defendant Nos. 3 and 4/MCGM present.
Partly heard argument in NM by Ld. Advocate for Plaintiff.
Matter is adjd to 16/12/2021 for further argument by Plaintiff in NM /NM (P.H.)
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv R.G. Bhat for plaintiff present.
None for defendant nos.1 and 2.
Adv Smita Chavan for defendant no.3 and 4/ MCGM present.
K.B.
L.O. at 4.00 p.m.
Adv R.G. Bhat for plaintiff present.
None for defendant nos.1 and 2.
Adv Smita Chavan for defendant no.3 and 4/ MCGM present.
Due to paucity of time, this matter is adjourned.
Adjd. To 07/01/2022  at 12.30 p.m. for further hearing in NM.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. To 22/02/2022 for further hearing in NM.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: HHJ is on leave.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: AT 12.30 P.M.
None for plaintiff.
None for defendant nos.1 and 2.
Adv Mrs Smita Chavan for defendant nos.3 and 4 / MCGM present.
K.B.
L.O. at 2.55 p.m.
Adv R.G. Bhat for plaintiff present.
None for defendant nos.1 and 2.
Adv Mrs Smita Chavan for defendant nos.3 and 4 / MCGM present.
Adjd. To 05/04/2022 at 12.30 p.m. for further argument in NM by plaintiff.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. R.G. Bhat for plaintiff present.
None for deft no. 1 and 2.
Adv. Chavan for deft no. 3 and 4 /MCGM present.
Due to paucity of time matter, is adjourned till next date.
Adjd. To 16/06/2022 for further argument on NM by plaintiff.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None for plaintiff.
None for defendant Nos. 1 and 2.
Adv. Mrs. Chavan for deft. Nos. 3 and 4/ BMC present.
K.B.
L.O. at 04.05 p.m.
Same appearance.
Adjd. to 13/09/2022 for re-hearing on N/M.
Next Purpose: NM  P.H.
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Bhat for plaintiff present.
None for deft. Nos.1 and 2.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.3 and 4/ BMC is present and requested time to argue on N/M. Time is granted till next date.
Adjd. to 10/11/2022 for N/M hrg.(re-hearing)
Next Purpose: NM  P.H.
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: H.H.J. is on half day (second session) leave.
Next Purpose: NM  P.H.
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Court is on leave.
Next Purpose: NM  P.H.
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: None for plaintiff.
None for deft. Nos.1 and 2.
Adv. Mrs. Rawade for defendant Nos.3 and 4/ BMC is present.
Adjd. to 14/03/2023 for N/M hrg.(re-hearing)
Next Purpose: NM  P.H.
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. R.G. Bhat for plaintiff present.
None for defendant no. 1 and 2.
Adv. Mhatre  for defendant no. 3 and 4/ BMC is present.
Adjd. to 18/04/2023 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: At 12.40 p.m.
Adv. R. G. Bhat for plaintiff present.
None for defendant nos. 1 and 2.
Adv. Ms. Mhatre for Defendant no.3/BMC present.
Adjd. to 22/06/2023 at 12.30 p.m.  for N.M. Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Advocate Ravindra Bhat for plaintiff present.
Advocate Mhatre  for defendant No.3/BMC present and requested time to argue NM. Time is granted.
None present for defendant No. 1 and 2.
Heard argument of advocate for plaintiff on NM No. 1310/2018 .
Adjd  to 27.6.2023  for Argument of defendant/BMC/NM P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: None present for plaintiff.
None present for defendant No. 1 and 2
Advocate Mhatre for defendant No.3/BMC present.
Keep back
L.O. 4.05. p.m.
None present for plaintiff.
None present for defendant No. 1 and 2
Heard argument of advocate for defendant/BMC
Adjd to 20.07.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate R.G. Bhat for plaintiff present and requested time for further hearing on NM.  Granted.
None present for def No. 1 and 2
Advocate Mhatre  for defendant No.3 and4/BMC present.
Adjd to 17.08.2023 at Morning session for Further NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Advocate  R. G. Bhat for plaintiff present.
Advocate Mhatre for defendant/BMC present and tendered list of documents and marked as Exh. 8 copy is supplied to other side.
Adjd  to  05.10.2023   for further argument in NM/N.M.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Advocate Bhat for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adjd  to 21.10.2023  at Morning session  for  NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: At 1.00 p.m.
Adv. R.G.Bhat for plaintiff present.
Adv. Mrs. Mhatre for defendant No.3 and 4/BMC present
None present for D-1 and 2.
Adjd. to 03.11.2023 for NM Hearing/P/H.
Next Purpose: NM  P.H.
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Advocate Ravindra Bhat for plaintiff present
None present for Deft No. 1 and 2
Advocate Mhatre for defendant No. 3/BMC present.
As court is busy in dictating judgment, Ad-interim order and urgent matter, due to paucity of time, matter adjourned.
Adjd  to  06.12.2023.   for NM P. H.
Next Purpose: NM  P.H.
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv R. G. Bhat for plaintiff for plaintiff present.
Advocate Suryavanshi for defendant No. 3/BMC present.
None present for deft No. 1 and 2
Heard argument of adv for plaintiff and Adv for deft/BMC on Notice of Motion No. 1310/18.
Adjd  to 14.12.2023   for NM ORder
Next Purpose: NM  P.H.
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Mr. R. G. Bhat for plaintiff present
Advocate Mhatre for defendant/BMC present.
Notice of Motion is heard however, it is wrongly shown under the caption ‘Part Heard’ hence adjourned and kept for NM order to 20/12/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant No. 3 and 4/BMC present.
None prsent for deft No. 1 and 2
keep back
Later on
Adv. Bhat for plaintiff present.
Adjd  to 21.12.2023   for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: None present for plaintiff
Advocate Suryavanshi h/f Mhatre  for defendant No.3 And 4/BMC present.
None present for deft No. 1 and 2
As Court is busy in dictating order in  NM No. 2171/19, hence matter adjourned
Adjd  to   10.01.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Dinesh Shetty – Treasure of plaintiff present.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
None present for deft No. 3 and 4
keep back
Later on
Adv. Mhatre for deft NO. 3 and 4/BMC present
F. R. S. R. Following order is passed on Notice of Motion No. 1310/18
ORDER
1] Notice of Motion is hereby made absolute in terms of prayer clause (a).
2] The plaintiff has not pressed relief in prayer clause (b) against defendant B.M.C.
Adjd  to 14.03.2024 for WS of deft No. 1 and deft No. 3 and 4/BMC
Nature Of Disposal: ALLOWED
Disposal Date: 10-01-2024

Additional Case Details

Additional Case Details
Filing Number: 104594/2018
Filing Date: 27-03-2018
First Hearing Date: 03rd July 2018
Decision Date: 10th January 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1Full order available
10 Jan 2024

Order Details: Notice of Motion Pdf Text: 1 N/M. No.1310/18 (L.C.S. No.611/17) MHCC010041512018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.1310 OF 2018 IN LONG CAUSE SUIT No.611/2017 Mulund Shital Darshan C.H.S. Ltd. … Plaintiff - Versus - 1] Chaarudatt Developers & Systems Pvt. Ltd. 2] M/s. Yash Corporation 3] Municipal Corporation of Greater Mumbai 4] Executive Engineer ... Defendants Appearance :- Mr. R. G. Bhat, Advocate for plaintiff. None for defendants No.1 and 2.…

Read Full Order
Order 1Full order available
10 Jan 2024

Order Details: Notice of Motion Pdf Text: 1 N/M. No.1310/18 (L.C.S. No.611/17) MHCC010041512018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.1310 OF 2018 IN LONG CAUSE SUIT No.611/2017 Mulund Shital Darshan C.H.S. Ltd. … Plaintiff - Versus - 1] Chaarudatt Developers & Systems Pvt. Ltd. 2] M/s. Yash Corporation 3] Municipal Corporation of Greater Mumbai 4] Executive Engineer ... Defendants Appearance :- Mr. R. G. Bhat, Advocate for plaintiff. None for defendants No.1 and 2.…

Read Full Order

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