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NOTICE OF MOTION

Mr. Akhilesh Prasad SinghVsThe Asst. Municipal Commissioner and Anr.

CNR MHCC0100436720204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th March 2026

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101383/2020
Registration Date
30 Sept 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-12-2020
    Business: None for Plaintiff.
    Adv. Khandagale for deft/MCGM present.
    Officer Mr. Manoj Hulge, Jr. Engg. (B and F), M/E ward, MCGM , is present.
    On oral request of advocate for deft, adjournment granted to file reply to NM.
    Earlier order, if any, to continue till next date.
    Matter adjd to 10/02/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Matter adjd to 26/03/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: As Court is on leave, hence board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: None for plaintiff.
    Adv. Tondwalkar for BMC/defendants No.1 and 2  present and and requests for time to file NM reply.
    Time is granted till next date.
    None for defendant No.3.
    Earlier order, if any, to continue till next date.
    Matter is adj. to 29/09/2021 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
    None for defendant no.3.
    Earlier order, if any, to continue till next date.
    Adjd. To 15/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    None for Defendant No.3.
    L.O.
    Adv. Ansari Asggar for the plaintiff present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 17/01/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    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.
    Earlier order, if any, to continue till next date.
    Adjd. to 16.03.2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Shrish Shigvan h.f. Ansari Assgar Kalim for Plaintiff present.
    Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 27/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    None for deft. No. 3.
    Earlier order, if any, to continue till next date.
    Adjd. to 22/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Shirish Shigvan h.f. Adv. Ansari Assgar for plaintiff present.
    Adv. Mrs. Tondwalkar for D/1 and D/2 BMC is present and requested for tile reply to NM. Time is granted till next date.
    None for D/3.
    Earlier order, if any, to continue till next date.
    Adjd. to 10/10/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Jyoti Mishra h/f Adv. Ansari Asggar Kalim for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    None for deft. No.3 and not filed reply.
    Earlier order, if any, to continue till next date.
    Adjd. to 07/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Court is busy in dictating order in Ch/S and urgent ad-interim hearing, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/02/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: As Court is busy in dictating orders in ad-interim relief and Ch/S order, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 05/04/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Adv. Ansari Asggar Khan for plaintiff present.
    Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present and requested for time to file NM reply. Time is granted till next date.
    None for defendant no. 3.
    Earlier order, if any, to continue till next date.
    Adjd. to 12/06/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Advocate Ansari for plaintiff present.
    Advocate Suryavanshi  for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
    Plaintiff is directed to take against defendant No. 3 otherwise suit will be dismissed against defendant No.3.
    Adv for plaintiff submitted summon be served upon defendant No. 3, hence issue summons to defendant NO. 3 through bailiff of the office of the Sheriff of Mumbai.
    Earlier order, if any, to continue till next date.
    Adjd  to 08.09.2023 for NM reply by BMC/ steps against def No. 3
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Matter pertains to C.R. No.04.
    Adv. Mr. Ansari Kalim for plaintiff present
    Adv. Mr. Suryavanshi for D/1 and 2/BMC present
    Earlier order, if any, to continue till next date
    Adjd. to 27/10/2023 for N/M reply by D/1 and 2 and steps against D/3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Board is discharged as court is busy in hearing urgent Ad-interim and NM hearing matter, due to paucity of time, matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 22.01.2024    for N/M reply by D/1 and 2 and steps against D/3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matter, Board is discharged, hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to  20.03.2024   for  N/M reply by D/1 and 2 and steps against D/3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
    Matter pertains to C. R. No. 4
    None for plaintiff.
    Adv.Mr.Suryawanshi for Deft. Nos. 1 and 2/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd. to 27/3/2024 for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: As Court is busy in hearing ad-interim matters and dictating ad-interim order, board is discharged. Hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 24.06.2024    for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Advocate Ansari Kalim for plaintiff present.
    Advocate  Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adv for plaintiff tendered report of service of writ of summons marked as Exh. 5. it appears writ of summson has been served upon D-3 on 14.09.2023 but he failed to appear. Hence suit to proceed exparte against D- 3.
    Plaintiff is direced to tender original NM No. 1383/20 till next date.
    Earlier order, if any, to continue till next date.
    Adjd  to 23.09.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: Advocate Ansari  for plaintiff present submitted that in second session he has to go Bandra to attend Ground Breaking ceremony of High Court Building and requested adjournment.
    Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    plaintiff to tender original NM till next date otherwise same will be dismissed for want of compliance.
    Earlier order, if any, to continue till next date.
    Adjd  to 06.12.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: Advocate Ansari Kalim for plaintiff present.
    Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
    The suit is of year 2020 but plaintiff has not served writ of summons.
    Adv for plaintiff submitted that writ of summons has been served upon BMC and he will tender the same on next date.
    Plaintiff is directed to tender NM till next date.
    Earlier order, if any, to continue till next date.
    Adjd  to 03.02.2024    for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2025
    
    Date: 03-02-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Nikita Kamble h/f Adv. Mr. Ansari Kalim for the plaintiff is present. On her say, the matter is kept back to tender registered NM. Adv. Ms. Sujata Puri for defendant No. 1 and 2/MCGM is present. Rest of the defendant are absent.
    Later on 4.30 p.m
    None present for the plaintiff to tender registered NM. Hence, the NM is posted for dismissal. Earlier order, if any, to continue till next date.
    Adjourned for NM dismissal/writ of summons to 15.03.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. Ansari Asggar Kalim for the plaintiff is present and filed registered NM No. 1383/2020, along-with affidavit in support. He also filed original writ of summons. Taken on record. It is marked as Exhibit 6. O- Filed. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. Earlier Order, if any, is continued till the next date.
    Adjourned for NM reply/WS to 07-07-2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Vyavhare  for defendant/MCGM is present and sought time to file NM reply. Granted lastly.
    Adjourned for NM Reply/Written statement to 13.08.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. Ansari Kalim  for the plaintiff is present.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and  filed affidavit in reply  to NM alongwith list of document Taken on record. O- Filed. Copy is supplied to other side.
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM hearing to 22.09.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2025
    
    Date: 22-09-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Earlier Order, if any, is continued till the next date.
    Adjourned for Nm hearing .to 17.10.2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2025
    
    Date: 17-10-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM hearing to 03.12.2025
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
    None present for the plaintiff.
    Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant/MCGM is present.
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM hearing to 19.01.2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
    Adv. Krutik Kamble for the plaintiff is present.
    Adv. Ms.Vidya Vyavahare for MCGM is present.
    Adjourned for hearing on NM no.1383/2020 to 11-02-2026
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2026
    
    Date: 11-02-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    Adv. Mr. Ansari Kalim for the plaintiff is present
    Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
    Heard argument of both the sides on NM 1383/2020.
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM Order to 10.03.2026
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-03-2026
    
    Date: 10-03-2026
    Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
    Adv. Mr. Ansari Kalim for the plaintiff is present.
    Adv. Ms. Rupali Patil for defendant/MCGM is present.
    F.R.S.R. the following Order is passed in Notice of Motion No. 1383/2020
    ORDER
           1.	The Notice of Motion stands dismissed with costs.
           2.	Notice of Motion No. 1383/2020 is disposed of.
    Adjourned for written statement to 16.06.2026
    Nature Of Disposal: DISMISSED
    Disposal Date: 10-03-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104757/2020
    Filing Date: 30-09-2020
    First Hearing Date: 09th December 2020
    Decision Date: 10th March 2026
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Mar 2026

    Order Details: Notice of Motion Pdf Text: MHCC010043672020 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.1383/2020 IN LONG CAUSE SUIT NO.1119/2020 Akhilesh Prasad Singh … Plaintiff Versus The Asst. Municipal Commissioner and others … Defendants CORAM : HIS HONOUR JUDGE SHRI C. S. DATIR (C. R. NO. 04). DATE : 10.03.2026 Appearance: - Adv. Mr. Ansari Kalim for the plaintiff. Adv. Ms. Vidya Vyavhare for the defendants. ORDER The plaintiff has taken out this Notice of…

    Read Full Order

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