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NOTICE OF MOTION

Mr. Vishwanath Shankar MathpathiVsMCGM

CNR MHCC01004830201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd October 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101555/2018
Registration Date
12 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 11-07-2018
    Business: Adv Kudalkar for plaintiff present and filed original ch/sum no.897/18 alongwith affidavit t.o.r. and also filed original NM no.2090/18 and NM no.1555/18 alongwith affidavit t.o.r.
    Adv Tondwalkar for def/BMC present.
    Earlier order to continue till next date.
    KB for ch/sum order.
    LO
    F.R.S.R. following order is passed in ch/sum no.897/18
                                      ORDER
    1. Ch/sum no.897/18 is allowed in terms of prayer clause (a).
    2. The plaintiff to carry out necessary amendment as per the Rules.
    3. Ch/sum disp off accordingly.
    Adjourned to 30.07.2018  for amendment.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Business: Court is vacant. Hence today board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Advocate Mr. Kudalkar for Plaintiff present.
    Advocate Ms. Tondwalkar for BMC present
    Copy of amended plaint served by Plaintiff\''s advocate to Defendant\''s advocate Ms. Tondwalkar.
    Earlier order to continue till next date.
    By consent, case is adjourned to 15/10/2018 for filing amended written statement.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2018
    
    Date: 28-11-2018
    Business: Adv. Kamble h/f Kudalkar for Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/Deft present and submitted that she is seeking time to file additional W/s.
    Earlier order continued till next date.
    Considering submission case is adjourned to 06.02.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 28-11-2018
    Business: Adv. Kamble h/f Kudalkar for Plaintiff present.
    Advocate Ms. Tondwalkar for BMC/Deft present and submitted that she is seeking time to file additional W/s.
    Earlier order continued till next date.
    Considering submission case is adjourned to 06.02.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv. Kamble h/f Kudalkar for Plaintiff present and submitted that Plaintiff is intending the rejoinder.
    Adv. Tondwalkar for BMC/Deft present and submitted that Defendant BMC intending to adopt the previous statement filed on record as additional WS. Hence adjourned to 01.04.2019 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Advocate Kudalkar for plaintiff present.
    Advocate Ms.Chavan for defendant/MCGM present.
    KB
    LO
    Advocate Jain/Kudalkar for plaintiff present.
    Earlier order to continue till next date.
    The case is adjourned to  05.08.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Advocate Kudalkar for plaintiff present and filed rejoinder of NM. TOR.
    Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 28.08.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: As Court is busy in hearing ad-interim matters in ST nos. 9434/19, 9368/19, 8899/19, 8902/19, suit no.2336/19 also in dictating orders there in and also in hearing NM in suit no. 1499/16, the case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 30.09.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: Advocate Jain h/f adv. Kudalkar for plaintiff present and sought time on the ground that his senior has gone to native place for personal reason. Time is granted.
    Advocate Giri for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 15.11.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adv. Mr. Darshan Jain for plff, prayed for adjd as his senior is in another court.
    Adv. Mr. Giri for deft/MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for NM hearing on 11.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Mr. Darshan Jain h/f adv. Kudalkar for plff., prayed for adjd., plff to argue on positively on next date, in default EOC may be vacated.
    Adv.Mrs. Chavhan for deft./MCGM present.
    Earlier order to continue till next date, if any.
    Matter is adjd. for NM heairng on 07.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv.Mr.Darshan Jain h/f adv.Mr. Kudalkar for plff. present.
    Adv. Mrs. Tondawalkar h/f adv. Mrs. Chavhan for deft./MCGM, prayed for adjd as adv. Mrs. Chavhan is not available.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 23.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    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: National lokcdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Adv. Khandagle h/f Mhatre for deft./MCGM present.
    Earlier order if any to continue till next date.
    Matter is adjourned for NM hearing to 09.09.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Kudalkar for plaintiff present.
    Adv. Mahatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM Hrg. to 12.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
    (Matter pertains to C.R. No.11)
    Adv. Vaibhavi Pawar for plaintiff present.
    Adv. Mrs. Mhatre  for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 20.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: CORAM-H.H.J. SHRI. K. P. KSHIRSAGAR  (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Darshan Jain  for plaintiff present.
    None for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  NM hearing to 23.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Adv. Mr. Darshan Jain  for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for NM hearing to 08.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Ms. Viabhavi Pawar for plaintiff is present and orally requested for time to prefer Ch/s in order to correct in the description of the suit premises. Granted.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 24.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. Pathak h/f Adv. Kudalkar present for plaintiff and orally requested time for NM hearing. Sufficient time is already granted. Hence, this request is discarded
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM dismissal to 05.07.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Mr. Priyank Shukla h/f Adv. Kudalkar for the plaintiff is present.  He submitted that his senior is busy and therefore, the matter may be kept back for some time.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 03:50 pm.
    None present for the plaintiff.
    Adjourned for NM dismissal to 20.08.2022 .
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv. Ms. Vaibhavi Pawar for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 04:00 pm.
    Heard both the sides on both the NMs.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Orders to 08.09.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv. Ms. Vaibhavi Pawar for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    The Court is busy in dictating Judgment in SU No. 1153/2010 and passing Order in NM No. 1825/2022, Ch/s No. 1000/22 and draft NM and draft Ch/s in SU 1912/2022.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 17.09.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Adv. Vaibhavi Pawar for the plaintiff is present.
    Adv. J.V. Mhatre for defendant/MCGM is present.
    The Court is busy in recording evidence in SU Nos. 1866/2010 and 705/2011 and passing Order in Ch/s Nos. 610/2020, 1789/2018 and 686/2019.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 03.10.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Darshan Jain for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on NM No. 1555/2018:
                                        ORDER
    (i).	Notice of Motion No. 1555/2018 is partly allowed.
    (ii).	The defendant, its agents, its servants and anybody else
              claiming through him are hereby restrained from proceeding
              against the notice structure, in pursuance of the notice
              dtd. 06.04.2018, except by following the due process of
             law.
    (iii).   Notice of Motion No. 1555/2018, accordingly, stands
              disposed of.
    F.R.S.R. following order is passed on NM No. 2090/2018:
                                        ORDER
    (i).	Notice of Motion No. 2090/2018 is partly allowed.
    (ii).	The defendant, its agents, its servants and anybody else
              claiming through him are hereby restrained from proceeding
              against the notice structure, in pursuance of the Speaking
              Order dtd. 02.06.2018, except by following the due
            process of law.
    (iii).   Notice of Motion No. 2090/2018, accordingly, stands
              disposed of.
    Adjourned for draft issues to 03.12.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105259/2018
    Filing Date: 12-04-2018
    First Hearing Date: 11th July 2018
    Decision Date: 03rd October 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    03 Oct 2022

    Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-004830-2018 Notice of Motion No. 1555/2018. in L.C. Suit No. 1030/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1555 OF 2018. IN L.C. SUIT NO. 1030 OF 2018. Vishwanath Shankar Mathpathi. …....…… ….. PLAINTIFFS. V/s. M.C.G.M. …..…......................................... ….. DEFENDANT. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 03rd October, 2022. APPEARANCES : Ms. Vaibhavi Pawar, Ld. Advocate for the Plaintiff. Mr. Sunil C.…

    Read Full Order
    Order 1Full order available
    03 Oct 2022

    Order Details: Notice of Motion Pdf Text: CNR NO. : MHCC01-004830-2018 Notice of Motion No. 1555/2018. in L.C. Suit No. 1030/2018. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1555 OF 2018. IN L.C. SUIT NO. 1030 OF 2018. Vishwanath Shankar Mathpathi. …....…… ….. PLAINTIFFS. V/s. M.C.G.M. …..…......................................... ….. DEFENDANT. CORAM : Shri. A.G. Santani. (Court Room No.11). DATED : 03rd October, 2022. APPEARANCES : Ms. Vaibhavi Pawar, Ld. Advocate for the Plaintiff. Mr. Sunil C.…

    Read Full Order

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