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.…
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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Public 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: 03-10-2022Additional 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
2Final Order 1Full order available
03 Oct 2022
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.…
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