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NOTICE OF MOTION

Shaikh Khalil MohimddinVsThe MCGM

CNR MHCC0100471720184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 24th November 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101504/2018
Registration Date
10 Apr 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1The MCGM

Acts & Sections

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

Case History / Proceedings

Case History
Date: 11-04-2018
Business: By Precipee
Adv.Mr.Asit Singh for Plff.present.
Adv.for Plff.filed original Registered Contempt Nm No.1504/18 t.o.r.
Adv.Mr.Giri for BMC/Deft.present.
On oral request of adv.for MCGM adjd.for N/m hearing on 20.04.2018.
Earlier order to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-04-2018

Date: 20-04-2018
Business: Adv Mr. Asit Singh for plff present.
Adv Mr. Giri for BMC / deft present.
Adv for BMC filed reply to the contempt NM No. 1504/18.
adv for BMC tendered draft NM. Leave granted to register. R/o 27.06.2018.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 27.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. Mr. Asit Singh for the Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Mr. Kiran Patil, Administrative Officer, MCGM present.
Matter is referred to National Lok Adalat which will be held on
14.07.2018.
Adv. For the plff. undertakes to keep the plff. Present on 14.07.2018
at 10.30 am before National Lok Adalat
Earlier order, if any to contiune till next date.
Adjd. to 14.07.2018 for National Lok Adalat.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2018

Date: 14-07-2018
Business: Adv Asit Singh for plff present.
Adv Giri for deft / MCGM present.
matter is not settled.
Matter put up before regular court.
Matter Adj to 08/08/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Matter adjd. to 26.9.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: Matter adjd. to 29.10.18 for NM rejoinder and hearing.
Next Purpose: REJOINDER
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Adv Asit Singh for plff present.
Adv Bhoir for BMC/deft present.
On oral requests of ld adv for plff. Adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 20/12/2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Court busy in recording evidence in Suit No.1949/2008 and urgent matter. Hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 28/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
On oral request of ld adv for plff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 25/02/2019 for NM rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
On oral request of ld adv for plff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 13/03/2019 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv. Mr. Asit Singh for Plff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Vyavhare for MCGM/Deft present.
Earlier order, if any, to continue till next date.
Adjd to 14/3/2019 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Mr. Asit Singh for Plff present.
Adv. Mr. Vyavhare h/f Adv. Mrs. Bhoir for MCGM/ Deft present.
Earlier order, if any, to continue till next date.
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: Adv. Asit Singh for plaintiff present.
Adv Mrs.Vyavahare h/f Adv. Bhoir for deft./MCGM present.
On oral request of Ld. Advocate for plaintiff, matter is adjourned
till next date.
Earlier order, if any, to continue till next date.
Matter is adjd. to 03/06/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adv. Singh for plaintiff present.
Adv. Khandagle for defe. MCGM present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 13.07.2019 (Lok Nyayalay).
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2019

Date: 13-07-2019
Business: Adv. Sunil Khandagale for BMC present.
Mr. Vilas Kate Officer BMC present.
Plaintiff present. Adv. Asit Singh for plaintiff present.
Matter is not settled in Lok-adalat.
Matter Adjd. to 15.07.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Asit Singh for plaintiff is present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 16.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Adv. Mr. Ajit Singh for Plaintiff present.
Adv. Khandagle 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 14.09.2019 for Lok Adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-09-2019

Date: 14-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. Asit Singh  for plaintiff present.
Adv.Mrs.Patil h/f adv.Khandagale for MCGM/Defendant present.
The matter is for due process of law in order to send for Lok-Adalat.
Earlier order, if any, to continue till next date.
Plaintiff to informed concern officer.
Adjd to 03.02.2020 for Lokadalt  .
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Asit Singh  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
This matter is referred to National Lok Adalat will be he ld on 08.02.2020.
Earlier order, if any, to con tinue till next date.
Adjd to  08.02.2020 for Lok adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-02-2020

Date: 08-02-2020
Business: adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020

Date: 13-05-2020
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 REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.1504/18. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 17/03/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 21/04/2021 for Rejoinder/NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: CORAM - H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/10/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: CORAM  H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
(Matter pertains to C.R. No.08)
Adv Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 26/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv. Amin Patel h.f. Adv. Asit Singh for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present seeks time to file reply on NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 05/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Amin Patel h/f Adv Asit Singh for plaintiff present and requests for time to file reply to Contempt NM filed by defendant / MCGM.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to Contempt NM NO.1504/2018 filed by plaintiff.
Time is granted till next date.
Adv for defendant / MCGM is directed to register the Draft Contempt NM till next date.
Earlier order, if any, to continue till next date.
Adjd. To 25/02/2022 for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Asit Singh for plaintiff present and requests for time to file reply to Contempt NM filed by defendant / MCGM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to Contempt NM NO.1504/2018 filed by plaintiff. Time is granted till next date.
Adv for defendant / MCGM is directed to register the Draft Contempt NM till next date.
Earlier order, if any, to continue till next date.
Adjd. To 06/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Asit Singh for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. To 20/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Asit Singh for plaintiff present and requested time to file  rejoinder to the reply filed by defendant/MCGM on contempt N/M.
Plaintiff is absent.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and
directed to register N/M for perjury.
Earlier order, if any, to continue till next date.
Adjd. to 12/08/2022 for N/M reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Asit Singh for plaintiff present and requested time to file rejoinder to the reply filed by defendant/MCGM on contempt N/M.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and directed to register N/M for perjury.
Earlier order, if any, to continue till next date.
Adjd. to 23/09/2022 for N/M reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14/11/2022 for N/M reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Adv. Asit Singh for plaintiff present.
Plaintiff is also present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 16/12/222 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 30/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 17/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Plaintiff present and his adv absent.
Adv. Mhatre h/f Adv Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to NM. O- Granted.
Earlier order, if any, to continue till next date.
Adjd. to 21-04-2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: CORAM : H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Amin Patel h/f Adv.Asit Singh for plaintiff present
Adv.  Suryavanshi for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 5/7/2023 for N/M reply
I/c. Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Matter pertains to C.R. No.04.
Adv. Amin Patel h/f Adv.Asit Singh Plaintiff present.
Adv. Suryavanshi for defts/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 04/09/2023 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Patel h/f. Mr. Singh for plaintiff present
Adv. Mr. Suryavanshi for defendant/BMC present
Earlier order, if any, to continue till next date
Adjd. to 9/10/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Amin Patel h/f Asit Singh for plaintiff present.
Advocate Khandagale h/f Surayavanshi for defendant /BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  24.11.2023   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Advocate Amin Patel h/f Asit Singh  for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present
NM No. 1504/2018  has been taken out under order 39 Rule 2A of CPC for breach of the order dated 12.09.2013 passed by the Court in NM for temporary injunction under order 39 Rule 1 Civil procedure Code. Hon’ble Bombay High Court in matter Rampyaribai. Sukhdeo Dagha V/s Neeladevi Narayandas Jakhotiya and others held that an application under order 39 Rule 2 A of civil Procedure Code should be separately registered as miscellaneous application. Therefore office is directed to register contempt petition as miscellaneous application.
Hence contempt NM No. 1504/2018 removed from CIS
Earlier order, if any, to continue till next date.
Deft/BMC directed to register draft NM taken under section 340 of Cr PC and argue on next date. NM taken out by deft/BMC is of year 2018.
Adjd  to   22.01.2024   for Service of writ of summons and hearing on Draft defendant NM.
Nature Of Disposal: OTHER
Disposal Date: 24-11-2023

Additional Case Details

Additional Case Details
Filing Number: 105134/2018
Filing Date: 10-04-2018
First Hearing Date: 11th April 2018
Decision Date: 24th November 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1
24 Nov 2023
Order Details: Other
Pdf Text: 74 Dt:24.11.2023
SU 1865/16
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Amin Patel h/f Asit Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present
NM No. 1504/2018 has been taken out under order 39 Rule 2A
of CPC for breach of the order dated 12.09.2013 passed by the
Court in NM for temporary injunction under order 39 Rule 1
Civil procedure Code. Hon’ble Bombay High Court in matter
Rampyaribai. Sukhdeo Dagha V/s Neeladevi Narayandas
Jakhotiya and others held that an application under order 39
Rule 2 A of civil Procedure Code should be separately
registered as miscellaneous application. Therefore office is
directed to register contempt petition as miscellaneous
application.
Hence contempt NM No. 1504/2018 removed from CIS
Earlier order, if any, to continue till next date.
Deft/BMC directed to register draft NM taken under section 340 of
Cr PC and argue on next date. NM taken out by deft/BMC is of
year 2018.
Adjd to 22.01.2024 for Service of writ of summons and
hearing on Draft defendant NM.
Judge
-- 1 of 1 --
Order 1
24 Nov 2023
Order Details: Other
Pdf Text: 74 Dt:24.11.2023
SU 1865/16
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Amin Patel h/f Asit Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present
NM No. 1504/2018 has been taken out under order 39 Rule 2A
of CPC for breach of the order dated 12.09.2013 passed by the
Court in NM for temporary injunction under order 39 Rule 1
Civil procedure Code. Hon’ble Bombay High Court in matter
Rampyaribai. Sukhdeo Dagha V/s Neeladevi Narayandas
Jakhotiya and others held that an application under order 39
Rule 2 A of civil Procedure Code should be separately
registered as miscellaneous application. Therefore office is
directed to register contempt petition as miscellaneous
application.
Hence contempt NM No. 1504/2018 removed from CIS
Earlier order, if any, to continue till next date.
Deft/BMC directed to register draft NM taken under section 340 of
Cr PC and argue on next date. NM taken out by deft/BMC is of
year 2018.
Adjd to 22.01.2024 for Service of writ of summons and
hearing on Draft defendant NM.
Judge
-- 1 of 1 --

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