SUIT - SHORT CAUSE CIVIL SUIT
Chandrashekhar Mayekar +4 moreVsMCGM +2 more
CNR MHCC0100474020184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101179/2018
- Registration Date
- 23 Apr 2018
- Next Hearing Date
- 08 Oct 2026
- Case Stage
- WRITTEN STATEMENT
Advocates
1For Petitioner
For Respondent
Not available
Parties
8Acts & Sections
1Hindu Marriage Act · Sec 34 · 37
Case History / Proceedings
Case History
Date: 26-04-2018 Business: By precipee Adv.Mr.Mohan Rao for Plff.present. Adv.for Plff.filed affidavit of service t.o.r. He also filed draft N/m along with affidavit t.o.r. Leave granted to register N/m. Returnable on next date. Adv.Mrs.Tadavi for BMC/Deft.present. Adv.for BMC filed vakalatnama t.o.r.and marked at Exh.2. Heard Ld.adv.for the plff.made a statement at Bar that one Mr.Shaikh from M West Ward has given threatening for taking action of demolition. Today the MCGM has not filed the reply. The concerned officer of the MCGM is directed to remain present before the court at 2.45 pm. Adjd.for ad interim hearing on 27.04.2018. Next Purpose: N/M FOR AD-INTERIM Next Hearing Date: 27-04-2018 Date: 27-04-2018 Business: Adv.Mr.Manmohan Rao for Plff.present. Adv.Mrs.Tadavi / Mr.Giri for BMC/Deft.present. MCGM to follow the order dated 26.04.2018 As the concerned officer is not present, matter is adjd.for ad interim hearing on 03.05.2018 till then no coercive action shall be taken by the MCGM . Plff to take steps for registration of N/m failing which suitable orders will be passed. Next Purpose: N/M FOR AD-INTERIM Next Hearing Date: 03-05-2018 Date: 03-05-2018 Business: Adv Mr.Manmohan Rao for Plff.present. He tendered original registered N/m No.1792/18 t.o.r. Adv.Mrs.Tadavi for BMC/Deft.present. Adv.for MCGM sought time to file reply to N/m. Adjd.for N/m reply on 12.06.2018. Earlier order to continue till next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-06-2018 Date: 12-06-2018 Business: Adv. Mr. Manmohan Rao for Plaintiff present. Adv. Ms. Kamble for defendant / BMC. Earlier order to continue till next date. Adjd. to 10.07.2018 for N/m reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-07-2018 Date: 10-07-2018 Business: Adv. Mr. Manmohan Rao for Plaintiff Adv.Ms. Tadvi for defendant / BMC present. O - Earlier order to continue till next date. Adjd. to 24.07.2018 for filing reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-07-2018 Date: 24-07-2018 Business: Adv. Mr. Manmohan rao for Plaintiff present. Adv. Ms. Tadavi for defendant / BMC present and filed reply cum W.S. T.O.R. and marked as Exh.3. Copy received. Suit summons are waived as corporation filed W.S. for N/m hearing. O -Earlier order to continue till next date. Adjd. to 14.08.2018 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-08-2018 Date: 14-08-2018 Business: Adv Manmohan Rao for plff present and filed rejoinder. It is TOR. Adv Tadvi for BMC/deft present. Earlier order to continue till next date. Adjd to 6/09/2018 at 11.00 a.m. for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-09-2018 Date: 06-09-2018 Business: Matter pertains to C.R.No.8 Adv. Mr. Manmohan Rao for Plaintiff present. Adv. Mrs.Kamble for Defendant /BMC present. Earlier order to continue till next date. Adjd for N/m hrg. to 30.10.18. Next Purpose: NM FOR HEARING Next Hearing Date: 30-10-2018 Date: 30-10-2018 Business: (Incharge Court of C.R.No.8) Adv. Mr. Manmohan Rao for Plaintiff present. Adv. Mrs. Vyavhare for Defendant/BMC present. Earlier order, if any, to continue till next date. Matter adjd. to 20.12.2018 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 20-12-2018 Date: 20-12-2018 Business: None for plffs. Adv Mhatre h/f adv Vyvhare for BMC/deft. present. Adjd to 21/02/2019 for NM hearing. Later on.. Adv for plff present. Earlier order, if any, to continue till next date. Already djd to 21/02/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-02-2019 Date: 21-02-2019 Business: Adv Manmohan Rao for plff present. Adv Mrs.Vyavhare for BMC/deft present. Earlier order, if any, to continue till next date. Adjd to 9/04/2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-04-2019 Date: 09-04-2019 Business: Adv. Ms. Vaishali for Plff present. 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 4/7/2019 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-07-2019 Date: 04-07-2019 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present. On oral request of ld adv for plff, adjournment granted. 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. Manmohan for Plaintiff present. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for plaintiff, adjournment granted as last chance. Earlier order, if any, to continue till next date. Adjd. to 07.10.2019 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 07-10-2019 Date: 07-10-2019 Business: None for plaintiff. Adv. Mr. S.C. Khandagale for Deft/MCGM present. KB LO Adv. Mr. Manmohan Rao for plaintiff present Partly Heard arguments of Ld. Adv. for plaintiff in NM No. 1792/18 . Earlier order, if any, to continue till next date. Adjd to 27-11-2019 for NM Hearing P.H. . Next Purpose: NM FOR HEARING Next Hearing Date: 27-11-2019 Date: 27-11-2019 Business: Advocate Mr. Manmohan Rao for plaintiff present Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for Plaintiff, adjournment granted as last chance. Earlier order, if any, to continue till next date. Case is adjourned to 29/01/2020 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-01-2020 Date: 29-01-2020 Business: Adv. Vaishali h/f. Adv. Manmohan for plaintiff present. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for Plaintiff, adjournment granted as last chance. Earlier order, if any, to continue till next date. Adjd to 09/03/2020 for N/m hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv.Manmohan Rao for plaintiff present. Adv. Khandagle for MCGM/Deft. present. Earlier order, if any, to continue till next date. Matter adjd to 20.03.2020 for NM hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 20-03-2020 Date: 20-03-2020 Business: Adv. Mr. Manmohan Rao for Plaintiff present. Adv Mr. Khandagle for Defendant/MCGM present. Earlier order, if any, to continue till next date. Matter adjd to 10.06.2020 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 10-06-2020 Date: 10-06-2020 Next Purpose: NM FOR HEARING Next Hearing Date: 19-08-2020 Date: 19-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 30-09-2020 Date: 30-09-2020 Business: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: Adv. Manmohan Rao for plff present. Adv. Khandagale for deft /MCGM present Earlier order, if any, to continue till next date. Matter adjd to 12/02/2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 12-02-2021 Date: 12-02-2021 Business: Adv. Manmohan Rao for plaintiff present. Adv. Khandagle for deft/MCGM present. Officer, Mr. D.V. Patil, Sr. Inspector (Encroachment), M-West Ward, MCGM, present Earlier order, if any, to continue till next date. Matter adjd to 19/04/2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 19-04-2021 Date: 19-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 23-07-2021 Date: 23-07-2021 Business: Due to Covid-19. Next Purpose: NM FOR HEARING Next Hearing Date: 17-09-2021 Date: 17-09-2021 Business: Adv Manmohan Rao for plaintiff present and requests for time to argue on NM. Time is granted till next date. Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant/ MCGM present. Earlier order, if any, to continue till next date. Adjd. To 08/10/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: Adv Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to inquire about the matter, therefore matter is adjourned. Earlier order, if any, to continue till next date. Adjd. To 22/10/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-10-2021 Date: 22-10-2021 Business: Adv Manmohanrao for plaintiff present. Adv. Mrs. Tondwalkar for Defendant/MCGM is present. Mrs Sangita Dani, Sr Inspector License, M/West Ward, MCGM present. Earlier order, if any, to continue till next date. Adjd. To 29/11/2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 29-11-2021 Date: 29-11-2021 Business: Adv. Manmohan Rao for plaintiffs present and on his request, time is granted for hearing on NM as a last chance. Adv. Tondwalkar for MCGM/defendant present. Earlier order, if any, to continue till next date. Matter is adjd to 14/1/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-01-2022 Date: 14-01-2022 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 11/02/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 11-02-2022 Date: 11-02-2022 Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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. Matter is adjd to 23/03/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-03-2022 Date: 23-03-2022 Business: Adv Manmohan Rao for plaintiff present and requests for time to argue NM. Time is granted till next date. Adv Mrs Tondwalkar for defendant / MCGM is present. Earlier order, if any, to continue till next date. Adjd. To 22/04/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: Adv Miss Vaishali Bhikule h/f Adv Manmohan Rao for plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present. K.B. L.O. Adv Manmohan Rao for plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present. Due to paucity of time, matter is adjourned till next date. Earlier order, if any, to continue till next date. Adjd. To 24/06/2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 24-06-2022 Date: 24-06-2022 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ MCGM is present. K.B. L.O. Same appearance. Earlier order, if any, to continue till next date. Adjd. to 30/07/2022 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 30-07-2022 Date: 30-07-2022 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present. As Court is busy in dictating orders in N/M and Ch/S in other matters, this matter is adjourned till next date. Earlier order, if any, to continue till next date. Adjd. to 12/09/2022 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 12-09-2022 Date: 12-09-2022 Business: Adv. Vaishali Bhikule h/f Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file additional reply to N/M. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. to 12/10/2022 for filing additional reply to N/M. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: Adv. Manmohan Rao 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 19/10/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-10-2022 Date: 19-10-2022 Business: Adv. Sarika Gawade h/f Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that copy of N/M reply is already served to plaintiff. Adv. for plaintiff requested time to argue on N/M. Time is graned till next date. Earlier order, if any, to continue till next date. Adjd. to 28/11/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-11-2022 Date: 28-11-2022 Business: Adv. Manmohan Rao for plaintiff present and requested time to argue on N/M. Time is granted till next date. None for defendant/ BMC. Earlier order, if any, to continue till next date. Adjd. to 23/01/2023 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 23-01-2023 Date: 23-01-2023 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present. Due to paucity of time, matter is adjourned. Earlier order, if any, to continue till next date. Adjd. to 17/02/2023 at 12.30 p.m. for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 17-02-2023 Date: 17-02-2023 Business: Adv. Vaishali Bhikule i/b Manmohan Rao for plaintiff present and submitted that Adv. on record is at Pune hence, requested time to argue N/M. Time is granted till next date. Adv. Mr. Suryavanshi for defendant/ BMC is present. Earlier order, if any, to continue till next date. Adjd. to 22/02/2023 (afternoon session) for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 22-02-2023 Date: 22-02-2023 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mr. Suryavanshi for defendant/ BMC is present. K.B. L.O. Same appearance. Heard partly Adv. for plaintiff on N/M. Earlier order, if any, to continue till next date. Adjd. to 04/03/2023 at 11.00 a.m. for N/M P/H. Next Purpose: NM P.H. Next Hearing Date: 04-03-2023 Date: 04-03-2023 Business: At 11.00 a.m. None for plaintiff. Adv. Mr. Suryavanshi for defendant/ BMC is present. K.B. L.O. Adv. Manmohan Rao for plaintiff present and requested time to argue on N/M. Time is granted till next date. Rest of the same appearance. Earlier order, if any, to continue till next date. Adjd. to 03/04/2023 for N/M P/H. Next Purpose: NM P.H. Next Hearing Date: 03-04-2023 Date: 03-04-2023 Business: Adv. Manmohan Rao for plaintiff is present. Adv. Suryavanshi for defendant /BMC is present. As court is busy in dictating judgment in Suit no. 796/2012 and other NM and ad-interim orders, due to paucity of time, matter is adjourned till next date. Earlier order, if any, to continue till next date. Adjd. To 03/05/2023 for NM hearing P.H.. Next Purpose: NM P.H. Next Hearing Date: 03-05-2023 Date: 03-05-2023 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mr. Suryavanshi for defendant/ BMC is present. Due to paucity of time, matter is adjourned till next date. Earlier order, if any, to continue till next date. Adjd. to 16.06.2023 for N.M. P.H.. Next Purpose: NM P.H. Next Hearing Date: 16-06-2023 Date: 16-06-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present. Due to paucity of time matter adjourned. Earlier order, if any, to continue till next date. Adjd to15.07.2023 at Morning session for NM Hearing /NM P.H. Next Purpose: NM P.H. Next Hearing Date: 15-07-2023 Date: 15-07-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Mhatre h/f Suryavanshi for defendant/BMC present. Heard argument of advocate for plaintiff in NM No. 1792/18 and adjourned for argument of corporation on request 21.07.2023 Earlier order, if any, to continue till next date. Adjd to 21.07.2023 for argument of defendant on NM/ NM P.H. Next Purpose: NM P.H. Next Hearing Date: 21-07-2023 Date: 21-07-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present and tendered list of documents, t.o.r. and marked as Ex.4. Copy is supplied to otherside. Partly heard Adv.for Defts/BMC on NM. On oral request of Adv. for Defts/BMC, matter is adjd. Earlier Order, if any, to continue till next date. Adjd to 07/08/2023 at 1.00 p.m. for further hearing on NM (PH). Next Purpose: NM P.H. Next Hearing Date: 07-08-2023 Date: 07-08-2023 Business: Advocate Vaishali Bhikule h/f Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present and requested for adjournment. Granted. Earlier order, if any, to continue till next date. Adjd to 25.08.2023 for further hearing on NM (PH). Next Purpose: NM P.H. Next Hearing Date: 25-08-2023 Date: 25-08-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present and tendered compilation of documents marked as Exh.5 copy is supplied to other side. Partly heard argument of advocate for defendant/BMC and matter adjourned further argument of defendant/BMC and he is directed to submit detail report whether plaintiff are eligible or not under street vendors Act. Earlier order, if any, to continue till next date. Adjd to 15.09.2023 for further argument of defendant/BMC on NM./P.H. Next Purpose: NM P.H. Next Hearing Date: 15-09-2023 Date: 15-09-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present and submitted that he is going to file affidavit which has been sent to approval and seeks time. Hence matter adjourned Earlier order, if any, to continue till next date. Adjd to 29.09.2023 for N.M P.H. Next Purpose: NM P.H. Next Hearing Date: 29-09-2023 Date: 29-09-2023 Business: Advocate Manmohan Rao for plaintiff present and seeks time to file documents. Time is granted. Advocate Suryavanshi for defendant/BMC present and tendered reply to NM and list of document marked as Exh. 6. Earlier order, if any, to continue till next date. Adjd to 20.10.2023 at 1 “O” clock for filing documents and rejoinder argument by plaintiff. Next Purpose: NM P.H. Next Hearing Date: 20-10-2023 Date: 20-10-2023 Business: At 1.00 pm. None present for plaintiff Advocate Suryavanshi for defendant/BMC present. kb L.O. 1.40 p.m Adv. Manmohan Rao tendered pursis alongwith copies of list of eligible street vendors of M West Ward, TOR marked Exh 7 copy is supplied to other side. Earlier order, if any, to continue till next date. Adjd to 30.10.2023 at 1.00 p.m for further rejoinder argument by plaintiff/ N.M P.H. Next Purpose: NM P.H. Next Hearing Date: 30-10-2023 Date: 30-10-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present and submitted that he has to file some additional affidavit in respect of subsequent event. Adv for plaintiff submitted short date may be granted as a last chance. Matter adjourned. Adv for plaintiff submitted that Adv for deft/BMC be directed to serve advance copy of affidavit. Earlier order, if any, to continue till next date. Adjd to 04.11.2023 at Morning session for NM.P.H. Next Purpose: NM P.H. Next Hearing Date: 04-11-2023 Date: 04-11-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present. Additional Affidavit in NM marked as Exh. 7 Heard argument of both sides on Notice of Motion’ Earlier order, if any, to continue till next date. Adjd to 22.11.2023 for NM Hearing ( Written Synopsis) Next Purpose: NM FOR HEARING Next Hearing Date: 22-11-2023 Date: 22-11-2023 Business: Advocate Manmohan Rao for plaintiff present and tendered written argument TOR. And marked as Exh. 8 Copy is supplied to other side. Advocate Suryavanshi for defendant/BMC present and requested for time to argue on NM. Granted. Earlier order, if any, to continue till next date. Adjd to 06.12.2023 for defendant Argument/NM.P.H. Later on 5.23p.m Adv for deft/BMC tendered Synopsis TOR marked as Exh. 9. copy is already served to other side. Next Purpose: NM P.H. Next Hearing Date: 06-12-2023 Date: 06-12-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present. Heard further argument of Adv for both the parties on NM. Earlier order, if any, to continue till next date. Adjd to 21.12.2023 for NM Order Next Purpose: NM P.H. Next Hearing Date: 21-12-2023 Date: 21-12-2023 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi h/f Mhatre for defendant/BMC present. As Court is busy in dictating order in NM No. 2171/19, hence matter adjourned Earlier order, if any, to continue till next date. Adjd to 06.01.2024 for NM Order Next Purpose: NM ORDERS Next Hearing Date: 06-01-2024 Date: 06-01-2024 Business: Advocate Manmohan Rao for plaintiff present. Advocate Suryavanshi for defendant/BMC present. F.R.S.R following order is passed on Notice of Motion No. 1792/2018 ORDER Notice of Motion is dismissed. Adv for plaintiff tendered application for extension of ad-interim protection below Exh. 10 Adv. for deft/BMC has given say on Exh.10 overleaf. Heard argument of both sides on Exh. 10 Order on Exh. 10 1. The plaintiff has filed this application for continuation of ad-interim protection for six weeks to enable the plaintiff to challenge order dismissing NM, before Hon’ble High Court. 2. Defendant/ BMC opposed application 3. Heard Advocates for the parties and perused record and proceeding. 4. The appeal is statutory right of the aggrieved parties. The Advocate for plaintiff submitted that plaintiff intends to challenge the order dismissing NM and some time is required to file appeal. In the meantime, interim protection is not extended, BMC will take action and obstruct plaintiff from carrying there business and in that event object of filing appeal would be defeated. Adv for plaintiff submitted that ad-interim protection was continue during pendency of NM. Therefore considering the submission made by Ld. Advocate for plaintiff and fact of the case I pass following order. ORDER Ad-interim protection extended till four weeks from the date of uploading order. Adjd to 02.03.2024 for hearing on issues Next Purpose: DRAFT ISSUES Next Hearing Date: 16-02-2024 Date: 16-02-2024 Business: Not on Board Taken on Board By praecipe Exh. 11 Production praecipe Advocate Manmohan Rao for plaintiff present and tendered application for extension for stay marked as Exh. 12. Advocate Suryavanshi for defendant/BMC present and has given say on Exh. 12 overleaf Heard argument of both sides on Exh. 12. Order on Exh. 12 1. The plaintiff has filed this application for extension for Earlier order for period of one week stating that Appeal has been filed, however it is circulated on 21.02.2024 and earlier order is expired today. 2. Defendant/ BMC opposed application 3. Heard Advocates for the parties and perused record and proceeding. 4. Notice of Motion has been disposed of on 06.01.2024 and Earlier order was extended for period of four weeks. It is submitted by plaintiff that he has filed Appeal but it is circulted next week and meantime there is possibility of implementation of notice and eviction of the plaintiff. So he prayed for continuation of earlier order for one week. Hence I pass following order - ORDER Earlier order to continue for one week. Adjd to 02.03.2024 for Hearing on issues Next Purpose: DRAFT ISSUES Next Hearing Date: 02-03-2024 Date: 02-03-2024 Business: Advocate Manmohan Rao for plaintiff present and submitted Appeal before Hon’ble Bombay High Court against NM is posted on 10.04.2024. Advocate Suryavanshi for defendant/BMC present. Adjd to 20.04.2024 for framing of issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 20-04-2024 Date: 20-04-2024 Business: Advocate Manmohan Rao for plaintiff present and submitted that Appeal from Order is pending and matter is adjourned to 19.06.2024 and requested to keep the matter after said date. Hence matter adjourned. Advocate Mhatre for defendant/BMC present. Adjd to 24.04.2024 for framing issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 24-04-2024 Date: 24-04-2024 Business: Advocate for plaintiff present. Advocate Suryavanshi for defendant/BMC present. Exh. 13 issues are framed. Adjd to 28.06.2024 for List of witness and R. E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 28-06-2024 Date: 28-06-2024 Business: Advocate Shilpa Naik h/f Manmohan Rao for plaintiff present and requested time to file evidence. Hence matter adjourned. Advocate Vyawahare for defendant/BMC present. Adjd to 23.09.2024 for plaintiff evidence/R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 23-09-2024 Date: 23-09-2024 Business: Advocate Manmohan Rao for plaintiff present and requested time to produce copy of Hon’ble Bombay High Court order. Hence matter adjourned for plaintiff evidence. None present for defendant/BMC Adjd to 09.12.2024 for plaintiff evidence/R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 09-12-2024 Date: 09-12-2024 Business: As HHJ gone for Medical Check-up, board is discharged and matter is adjourned. Matter adjourned to 20/01/2025 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 20-01-2025 Date: 20-01-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Ms. Manjula Chigari h/f Adv. Mr. Manmohan Rao for the plaintiff is present. She submitted that the proceeding before the Hon’ble Bombay High Court is closed for Order and sought time to lead evidence. Time is granted. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Adjourned for RE. to 05.03.2025. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 05-03-2025 Date: 05-03-2025 Business: P. O. is on leave. Hence, matter is adjourned. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 12-03-2025 Date: 12-03-2025 Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Mr. Manmohan Rao a/w Adv. Ms. Vijayvati Jaiswar for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant/ MCGM is present. Adv. Ms. Grishma Lad is present and filed VP for the applicant. Taken on record. It is marked as Exhibit 14. O- Filed. She also tendered draft Chamber Summons, along-with affidavit in support. O- Leave is granted to register within 7 working days. In default, the draft Ch/s would stand dismissed. Copy is supplied to the other side. Adjourned for tendering registered Ch/s./Ch/s Reply/R.E.to 26.06.2025. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 26-06-2025 Date: 26-06-2025 Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil h/f Adv. Ms. Nagarthawar for defendant/MCGM is present and sought time to file Ch/s. reply. Time is granted. Adv. Ms. Shruti Mishra h/f Adv. Ms. Grishma Lad for applicant in Ch/s present and filed registered Ch/s No. 1208/2025 with affidavit. Later on at 4.19 pm Adv. Ms. Vijayavati Jaiswar h/f Manmohan Rao for the plaintiff is present. Adjourned for Ch/s. Reply to 18.07.2025. Next Purpose: C/S REPLY Next Hearing Date: 18-07-2025 Date: 18-07-2025 Business: P. O. is on leave. Hence, Matter is adjourned. Next Purpose: C/S REPLY Next Hearing Date: 25-08-2025 Date: 25-08-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) Adv. Vijayvati Jaiswar i/b Adv. Manmohan Rao for plaintiff present. Adv. Sangita Honmane for defendant/MCGM present. She sought time to file reply to ch/s. Adv. Rohida Kazi i/b Adv. Grishma Lad for applicant in ch/s. no.1208/2025 present. Ld. Advocate for the plaintiff sought time to file reply to ch/s. Granted as a last chance. Adjourned for ch/s. reply to 19.09.2025. Next Purpose: C/S REPLY Next Hearing Date: 19-09-2025 Date: 19-09-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) In Morning session Adv. Ms. Sangita Honmanen h/f Adv. Nagarthawar for defendant/MCGM is present. Adv. Rohida Kazi i/b Adv. Ms. Grishma Lad for applicant is present. At 3.28 pm Adv Manmohan Rao a/w Adv. Ms. Vijayvati Jaiswar for the plaintiff is present. Advocate for plaintiff filed Affidavit of service filed by Adv for plaintiff in NM No. 1792/2018 and he also filed application for directing defendants to give clarification on implementation of street vendors Taken on record. It is marked as Exhibit 15. O- Other side to say. Advocate for plaintiff and defendant sought time to file reply to Ch/s No. 1208/2025. Granted. Adjourned for filing say on Exhibit 15/Ch/s Reply to 06.10.2025. Next Purpose: C/S REPLY Next Hearing Date: 06-10-2025 Date: 06-10-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) Adv. Mr. Manmohan Rao a/w Adv. Ms. Vijayvati Jaiswar for the plaintiff is present Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file say on Exhibit 15. None present for applicant Advocate for plaintiff and defendant sought time to file reply to Ch/s No. 1208/2025. Granted. Adjourned for filing say on Exhibit 15/Ch/s Reply to 07.11.2025 Next Purpose: C/S REPLY Next Hearing Date: 07-11-2025 Date: 07-11-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) Adv. Mr. Manmohan Rao a/w Adv. Ms. Vijayvati Jaiswar for the plaintiff is present. Adv. Ms. Rupali Patil h/f Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. later on at 2.49 pm Adv. Ms. Vyavhare for the defendant/MCGM is present and sought time to file reply to Exhibit 15 and Ch/s No. 1208/25. None present for Applicant. Adv for plaintiff filed reply to Ch/s. No. 1208/2025. Adjourned for filing say on Exhibit 15 and Ch/s reply by defendant/MCGM to 17.12.2025 Next Purpose: C/S REPLY Next Hearing Date: 17-12-2025 Date: 17-12-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) Adv. Manjula Chigar h/f Adv. Manmohan Rao for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. keep back Later on at 3.05 p.m None present for the plaintiff. Rest appearance is as above. Adv for defendant/MCGM filed handwritten reply to Exhibit 15 Adjourned for Hearing on Exhibit 15 and Ch/s reply by defendant/MCGM .to 30.01.2026 Next Purpose: HEARING Next Hearing Date: 30-01-2026 Date: 30-01-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04) At 11.30 am. Adv. Ms. Manjula Chigari h/f Adv. Manmohan Rao for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time keep back Later on at 2.50 pm None present for the plaintiff. The appearance is as above. Adjourned for Hearing on Exhibit 15 and Ch/s reply by defendant/MCGM .to 13.02.2026 Next Purpose: C/S REPLY Next Hearing Date: 13-02-2026 Date: 13-02-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) Adv. Mr. Manmohan Rao for the plaintiff is present and filed Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Heard argument of both sides on Exhibit 15 Adjourned for Order on exhibit 15 to 16.03.2026 Next Purpose: ORDER Next Hearing Date: 16-03-2026 Date: 16-03-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) Adv Manjula Chigari i/b Adv. Manmohan Rao for the plaintiff is present. Adv. Ms.Sheetal Waghmare h/f Adv. Vyavhare for defendant/MCGM is present. Order on Exhibit 15 1. Plaintiff has filed this application requesting to direct the defendant(BMC) to give clarification on implementation of street vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. 2. According to him, the said Act came in to force in the Maharashtra on 01.04.2014. Subsequently, there are various order of the Hon’ble Bombay High Court in Writ Petition No. 224/2013 and 657/2017, wherein, guidelines have been given for implementation of the Act. Subsequently, Government Resolution also came to be passed on 21.10.2013, which clarifies that the existing street vendors shall be allowed to operate till exercise of registration and creation of vending zones completed. In the light of above guidelines, it requires clarification from the defendant regarding the implementation of Street Vendors Act. 3. As against, BMC has given reply and resisted the same, saying that, the present application is not maintainable in the eyes of law. After dismissal of the Notice of Motion, plaintiff has challenged the Order in the Hon’ble Bombay High Court. In the said Appeal, the present defendant already filed reply. Plaintiffs have very well know that, various proceeding are pending before the Hon’ble Bombay High Court to that effect, therefore, this application would not be tenable. Thus, it may be dismissed. 4. Heard argument. Perused record. 5. It appears, plaintiffs are seeking directions against the BMC to clarify implementation of Street Vendors Act. 6. It appears, plaintiff had filed Notice Motion No. 1792/2018 for seeking direction against the BMC that, not to dispossess to the plaintiffs from carrying business on street under the Street Vendors Act. It came to be dismissed on 06.01.2024. After dismissal of NM, they preferred an Appeal before Hon’ble Bombay High Court and simultaneously filed this application asking clarification of implementation of Street Vendors Act. 7. I am of view that, to ask clarification on the implementation of Street Vendors Act is a General Phenomenon. If plaintiffs are claiming their specific relief against the BMC, that would be dealt with in accordance's with law. However, claiming clarification on the implementation of Street Vendors Act at public large would not be tenable before this Court, because, it falls clarification in general sense and not a specific claim. They have not claimed specific relief that to do or not to do. Therefore, the relief which they claim can not be granted. Hence, application Exhibit 15 stands dismissed. Adjourned for Ch/s reply to 24.06.2026 Next Purpose: C/S REPLY Next Hearing Date: 24-06-2026 Date: 24-06-2026 Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04) Adv. Mr.Manmohan Rao for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Applicant in Chamber summons is absent. Adjourned for Ch/s hearing to 04.07.2026. Next Purpose: C/S REPLY Next Hearing Date: 04-07-2026 Date: 04-07-2026 Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Rupali Patil for defendant No. 1 and 2/MCGM is present. Adv. Sayyed for defendant No. 3 is present. Adv for defendant No. 1 and 2/MCGM and defendant No. 3 have sought time for filing written statement. O- Time is granted. Adjourned for written statement to 08.10.2026 Next Purpose: WRITTEN STATEMENT Next Hearing Date: 08-10-2026
Additional Case Details
Additional Case Details
Filing Number: 105154/2018 Filing Date: 10-04-2018 First Hearing Date: 16th July 2018 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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