NOTICE OF MOTION
R.R.R. Ekta SansthaVsMCGM +1 more
CNR MHCC01004953201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th January 2023
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101597/2018
- Registration Date
- 17 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 25-06-2018
Business: None Present for the Plff.
Deft no.2 inperson Present.
Plff not tendered registered NM 1597/18 on record. Service affidavit is also not filed.
None appeared for MCGM.
Adj. For Service affidavit of NM 1597/18 on 27/07/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2018
Date: 27-07-2018
Business: Adv. Ms. Rushida Retiwala Present for the Plff.
None Present for the Deft.no.1. MCGM.
Adv. Medas Present for the Deft.no.2.
Ld counsel for the Plff filed registered NM 1597/18 alongwith affidavit. t.o.r
Ld counsel for the Deft no.2 filed reply to NM 1597/18. t.o.r copy already served to Ld counsel for the Plff.
Ld counsel for the Plff tendered to rejoinder to Nm 1597/18. t.o.r copy served to Ld counsel for deft no.2.
Ld counsel for the Plff sought time to file service affidavit of NM 1597/18. time granted.
Adj. For Service affidavit of NM 1597/18 and Hearing of NM 1597/18 on 07/09/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Adv. Ms. Retiwala Present for the Plff.
None Present MCGM.
Adv. Mandar Bangali Present for the Deft.no.2.
Ld counsel for plff filed service affidavit about service of copy of the plaint and NM upon Deft no.1 MCGM at Ex.02.
Till today no one appear on behalf of MCGM to file reply to NM and the suit. Hence NM 1597/18 alongwith the suit proceeded without reply of MCGM, Respondent no.1.
Adj. For Hearing of NM 1597/18 on 29/10/2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Representative of Plff present.
None Present for the Deft. no.1.
Adv. Ms. Retiwala Present for the Deft.
Adv. Ms. Nehal Mahuli Present for the Deft.no.2.
Representative of Plff sough time for hearing of NM 1597/18.
Adj. For Hearing of NM 1597/18 on 10/12/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: Adv .Duraiya Retiwala Present for the Plff.
No one for MCGM.
Adv. Ms. Nehal Mangale Present for the Deft.no.2.
Ld counsel for the Deft no.2 sought time for hearing of NM 1597/18. Granted.
Adj. For Hearing of NM 1597/18 on 10/01/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: Adv. Mrs. Retiwala Present for the Plff.
Adv. Mandar Bangali Present for the Deft.
No one for MCGM Present.
Heard Ld counsel for Plff and Ld counsel for Deft no.2. during the course of hearing in respect register society the ld counsel for the plff sought time for filing by laws for which authority to plff society to file the suit. Hence adj. For further hearing.
Adj. For further Hearing of NM 1597/18 on 15/02/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: H.H.J. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv. Retiwala Present for the Plff.
None Present for the Deft. no.1.
Adv. Mandar Bangali Present for the Deft. no.2.
Adj. For Hearing of NM 1597/18 on 26/06/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Adv. Retiwala for plaintiff present.
None present for D-1.
Adv. Mandar Bangali for D-2 present.
On the request of Ld. counsel for plaintiff matter is adjourned.
Matter adjd for hearing on NM 1597/18 on 08/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: None present for plaintiff.
Adv. Bangale for D-2 present.
Matter adjd for NM hearing on 19/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: PO is on leave. Hence adjourned on next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Representative of plaintiff present.
Adv. Retiwala for plaintiff present.
None present for D-1 present.
Adv. Bhangale for D-2 present.
Mr. Kazi representative of BPT present.
Matter adjd for NM hearing on 21/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020
Date: 09-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
None Present for the Deft. No.1
Adv. Basu for defendant No.2 present.
Representative of BPT Mr. Ganesh Pol and Mr. Kazi present.
Kb.
Later on at 4.41 pm.
Representative of plff present.
The representative of plff submits that Adv for plff is suffering from Loose motions, therefore he prays to adjourned the matter. Hence matter adjourned on the request of plff representative.
Matter adjd for NM hearing on 27/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Retiwala for plaintiff present.
Adv. Basu for defendant no.2 present.
On the oral request of Ld. adv for plaintiff matter is adjourned.
Matter adjd for NM hearing to 03-04-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present.
Today matter is for NM hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for NM hearing to 16-01-2021.
L.O. at 3.07 pm
Adv Harsha for defendant no.2 present.
Matter adjd for NM hearing to 16-01-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: At. 2.20 pm
Adv. Harsha Asrani for defendant present.
None for plaintiff.
Adjd for NM hearing to 11/03/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None for plaintiff.
Adv. Roop Basu for defendant present.
Adjd for NM hearing to 23/06/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: None present for plaintiff.
Adv Basu for defendant present.
Matter adjd for arguments on NM on 22.07.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 23-06-2021
Business: None present for plaintiff.
Adv Basu for defendant present.
Matter adjd for arguments on NM on 22.07.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: None present for Plaintiff.
Adv. Gaurav Jain present for Defendant.
Matter adj. to 09/09/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Board is discharged. Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022
Date: 29-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None for plaintiff.
Adv Gaurav Jain for defendant No. 2 present.
Adjd on 29.06.2022 for Hrg on N/M
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022
Date: 16-03-2022
Business: None for plaintiff.
Adv Gaurav Jain for defendant No. 2 present.
Adjd on 29.06.2022 for Hrg on N/M
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Matter called out at 3.16 pm
None for plff
Adv Heena Desai for Defendant present.
NM is pending for hearing since long. Plff is directed to proceed with the hearing of NM.
Matter is adjd on 24.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 29-06-2022
Business: Matter called out at 3.16 pm
None for plff
Adv Heena Desai for Defendant present.
NM is pending for hearing since long. Plff is directed to proceed with the hearing of NM.
Matter is adjd on 24.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Matter called out at 3.05 pm
Adv Pramod Choudhary for plff present
Adv Gaurav Jain for Defendant present
Adv for plff requests time for argument. Adv for defendant objects request. Time is granted to plff as a last chance.
Matter is adjd on 07.10.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 24-08-2022
Business: Matter called out at 3.05 pm
Adv Pramod Choudhary for plff present
Adv Gaurav Jain for Defendant present
Adv for plff requests time for argument. Adv for defendant objects request. Time is granted to plff as a last chance.
Matter is adjd on 07.10.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Matter called out at 3.21 pm
Adv Duraiya Retiwala for plff present
Adv Gayatri Mohite for defendant No. 2 present
Adv for plff submits that plff seeks to withdraw the suit and submits that further time is necessary to obtain resolution to that effect.
Matter is adjd on 24.11.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Matter called out at 3.57 pm
Adv Duraiya Retiwala and Tasneem Vohra for plff present
Adv Gaurav Jain for defendant No.2 present
Adv for plff submits that plff wants to withdraw the suit with liberty to bring the fresh suit. She seeks time to file appropriate application.
Matter is adjd on 05.01.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023
Date: 24-11-2022
Business: Matter called out at 3.57 pm
Adv Duraiya Retiwala and Tasneem Vohra for plff present
Adv Gaurav Jain for defendant No.2 present
Adv for plff submits that plff wants to withdraw the suit with liberty to bring the fresh suit. She seeks time to file appropriate application.
Matter is adjd on 05.01.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Matter called out at 03.02 p.m.
Adv. Tasneem Vohra h/f Adv. Duraiya S. Retiwala for plff present.
Adv. Roop Bora i/b M/s The Law Point for defendant present.
Adv. for plaintiff tendered application for withdrawal of suit with liberty to file fresh suit, TOR and marked as Exh.3.
Following order is passed on Suit No.832/2018-
O R D E R
Heard both sides. Perused the application and the plaint. The plaintiff seeks to withdraw the suit as defendant No.2 has initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971. In view of the reasons the plaintiff is permitted to withdraw the suit with liberty as prayed.
Following order is passed below Exh-1
O R D E R
1. Suit No.832/2018 is stands disposed of as withdrawn.
2. Liberty is granted to the plaintiff to file fresh suit on the same subject matter.
3. No order as to costs.
4. Pending N/M No.1597/2018 also stands disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-01-2023Additional Case Details
Additional Case Details
Filing Number: 105421/2018 Filing Date: 17-04-2018 First Hearing Date: 25th June 2018 Decision Date: 05th January 2023 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 105 Jan 2023
05 Jan 2023
Order Details: Notice of Motion Pdf Text: Notice of Motion No.1597 of 2018 Matter called out at 03.02 p.m. Adv. Tasneem Vohra h/f Adv. Duraiya S. Retiwala for plff present. Adv. Roop Bora i/b M/s The Law Point for defendant present. Adv. for plaintiff tendered application for withdrawal of suit with liberty to file fresh suit, TOR and marked as Exh.3. Following order is passed on Suit No.832/2018- O R D E R Heard both sides. Perused the application and the plaint. The plaintiff seeks to withdraw the suit as defendant No.2 has initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971. In view of the reasons the plaintiff is permitted to withdraw the suit with liberty as prayed. Following order is passed below Exh-1 O R D E R 1. Suit No.832/2018 is stands disposed of as withdrawn. 2. Liberty is granted to the plaintiff to file fresh suit on the same subject matter. 3. No order as to costs. 4. Pending N/M No.1597/2018 also stands disposed of. -- 1 of 1 --
Order 105 Jan 2023
05 Jan 2023
Order Details: Notice of Motion Pdf Text: Notice of Motion No.1597 of 2018 Matter called out at 03.02 p.m. Adv. Tasneem Vohra h/f Adv. Duraiya S. Retiwala for plff present. Adv. Roop Bora i/b M/s The Law Point for defendant present. Adv. for plaintiff tendered application for withdrawal of suit with liberty to file fresh suit, TOR and marked as Exh.3. Following order is passed on Suit No.832/2018- O R D E R Heard both sides. Perused the application and the plaint. The plaintiff seeks to withdraw the suit as defendant No.2 has initiated proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act 1971. In view of the reasons the plaintiff is permitted to withdraw the suit with liberty as prayed. Following order is passed below Exh-1 O R D E R 1. Suit No.832/2018 is stands disposed of as withdrawn. 2. Liberty is granted to the plaintiff to file fresh suit on the same subject matter. 3. No order as to costs. 4. Pending N/M No.1597/2018 also stands disposed of. -- 1 of 1 --
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