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NOTICE OF MOTION

Mrs. Rumanzubin KhanVsMCGM

CNR MHCC01004822201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 01st July 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101551/2018
Registration Date
12 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mrs. Rumanzubin Khan

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-06-2018
Business: Adv Mukesh Dubey for the plaintiff present.
Adv Hajare for the def/BMC present.
Earlier order to continue till next date.
Adjourned to 25.07.2018  for reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv Mukesh Dubey for plaintiff present and filed original NM no.1551/18 alongwith affidavit t.o.r. and filed original ch/sum no.720/18 alongwith affidavit t.o.r.
Writ of summons marked at Exh.4 t.o.r.
Adv Hajare for def/BMC present.
Earlier order to continue till next date.
Adjourned to 12.09.2018  for reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Advocate Mr. Mukesh Dubey for Plaintiff present.
Advocate Ms. Hazare for BMC/Deft. present and submitted that she will file reply to Chamber Summons and Notice of Motion on next date.  Hence, with consent, case is adjourned to 03/11/2018 for reply to Notice of Motion and Chamber Summons.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2018

Date: 03-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2019

Date: 29-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: As Court is busy in hearing NM in suit no. 660/19 and Chamber Summons in Suit no. 1650/18. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 19.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: As Court is busy in dictating order in suit no. 169/09 and hearing NM in suit no. 282/16 and ad-interim hearing in ST no. 8899/19 and 8902/19 and other matters on board. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 09.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: The case is adjourned to 20.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: (In charge Court to C.R. no.11)
Adv. S. K. Dubey for plaintiff present.
Adv. Mr. Giri for deft/MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 21.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. S.K.Dubey for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 05.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. S.K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 04.05.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2020

Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-05-2020

Date: 26-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None for plaintiff.
Adv. Mr.Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for N.M. hearing to 29/09/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 10.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Upadhyay for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 20.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant endorsed say on C/S 720/2018 and orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for C/S hearing/ NM hearing to 25/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None is present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
 Heard the advocate for the defendant on Ch/s 720/18.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s Order / NM hearing to 09.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
KB LO at 4.50 pm.
F.R.S.R. following order is passed on Ch/s No. 720/2018:
                           ORDER
(i).	The Chamber Summons No. 720 of 2018 is made 			absolute in terms of prayer clause (a).
(ii). 	The plaintiff is directed to carry out the proposed 			amendment in the body of the plaint, positively 			within two weeks from the passing of this Order.

(iii). 	Costs to follow the event.
(iv).  The Chamber Summons No. 720/2018 is disposed
	off accordingly.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/NM hearing to 23.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent to comply with the order Ch/s No. 720/18. Hence, the matter is posted for suitable order.
Earlier order, if any, to continue till the next date.
Adjourned for Order/NM hearing to 11.07.2022.
Next Purpose: ORDER
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the amendment is carried and he needs some time to file copy of the amended plaint. Time is granted till next date.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded.
Adjourned for no reply no WS order to 03.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply no WS) to 09.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing (No reply no WS) to 27.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Advocate Mr. Mukesh Dubey present for plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 26.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for time to argue on NM. Granted as a last chance.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 01.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed on NM No. 1551/2018.
 O R D E R
01.     Heard both the sides. Considering their submissions, here, it is notable that the plaintiff replied the notice, issued on 10.03.2018, on 14.03.2018, raising various contention supported by documents. Still, it appears that while passing Speaking Order on 02.04.2018, the defendant did not individually consider his contentions as well as documents. As such, the said Order is vague and silent on such  aspects. This positions is fairly conceded even by the advocate for defendant. Further, the defendant didnt rebut the plaintiffs stand by filling his NM reply. Hence, NM No. 1551/2018 stands disposed of, calling upon of the defendant to consider the plaintiffs notice reply and to pass the Speaking Order afresh. In the meantime, he is restrained to take coercive steps against the notice structure, except by following the due process of law.
Adjourned for RE (No WS) to 09.08.2023.
Nature Of Disposal: OTHER
Disposal Date: 01-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105261/2018
Filing Date: 12-04-2018
First Hearing Date: 06th June 2018
Decision Date: 01st July 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    01 Jul 2023
    Order Details: Other
Pdf Text: 01.07.2023
Sr. No. 27
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 742/18
NM 1551/18
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed on NM No. 1551/2018.
-: O R D E R :-
01. Heard both the sides. Considering their submissions, here, it
is notable that the plaintiff replied the notice, issued on
10.03.2018, on 14.03.2018, raising various contention supported
by documents. Still, it appears that while passing Speaking Order
on 02.04.2018, the defendant did not individually consider his
contentions as well as documents. As such, the said Order is vague
and silent on such aspects. This positions is fairly conceded even
by the advocate for defendant. Further, the defendant didn’t rebut
the plaintiff’s stand by filling his NM reply. Hence, NM No.
1551/2018 stands disposed of, calling upon of the defendant to
consider the plaintiff’s notice reply and to pass the Speaking Order
afresh. In the meantime, he is restrained to take coercive steps
against the notice structure, except by following the due process of
law.
Adjourned for RE (No WS) to 09.08.2023.
Judge
-- 1 of 1 --
    Order 1
    01 Jul 2023
    Order Details: Other
Pdf Text: 01.07.2023
Sr. No. 27
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 742/18
NM 1551/18
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed on NM No. 1551/2018.
-: O R D E R :-
01. Heard both the sides. Considering their submissions, here, it
is notable that the plaintiff replied the notice, issued on
10.03.2018, on 14.03.2018, raising various contention supported
by documents. Still, it appears that while passing Speaking Order
on 02.04.2018, the defendant did not individually consider his
contentions as well as documents. As such, the said Order is vague
and silent on such aspects. This positions is fairly conceded even
by the advocate for defendant. Further, the defendant didn’t rebut
the plaintiff’s stand by filling his NM reply. Hence, NM No.
1551/2018 stands disposed of, calling upon of the defendant to
consider the plaintiff’s notice reply and to pass the Speaking Order
afresh. In the meantime, he is restrained to take coercive steps
against the notice structure, except by following the due process of
law.
Adjourned for RE (No WS) to 09.08.2023.
Judge
-- 1 of 1 --

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