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NOTICE OF MOTION

Mr. Gajanan Ramchandra Patil +1 moreVsMCGM

CNR MHCC0100516520184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 03rd February 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101627/2018
Registration Date
19 Apr 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 12-06-2018
    Business: Adv. Ms. Jalgaonkar h/f. Adv. Thorat present.
    Adv. Ms. Tadvi for defendant / BMC present and tendered org. Contempt N/M No. 1627/18.
    Copy served to the plff.
    O - Earlier order to continue till next date.
    Adjd. to 24.07.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-07-2018
    
    Date: 24-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Adv. Mr. Puranik for Plaintiff present.
    Adv. Vyavhare for defendant / BMC present.
    O - Earlier order to continue till next date.
    Adjd. to 25.09.2018 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Matter adjd. to 27.11.18 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. Mr. Khopade for Plaintiff present.
    Adv. Mrs. Vyavhare for Defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd. to 15.01.2019 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv Rahul Thorat for plff present.
    Adv Mrs.Vyavhare for BMC/deft present.
    Earlier order, if any, to continue till next date.
    Adjd to 12/03/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Adv. Mr. Khopde for Plff present.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    On oral request of advocate for Plff, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
    Adjd to 9/4/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Adv. Ms. Remedios for Plff present.
    Adv. Mrs. Mhatre for MCGM/deft. present.
    Court busy in hearing arguments on ad-interim relief in St. No.4228/19 and urgent matters. Hence, adjourned.
    Earlier order, if any, to continue till next date.
    Adjd to 4/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Aditya Modi 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 07.08.2019 for NM rejoinder/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Remedios for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of ld adv for plff, adjournment granted as a last chance.
    Earlier order, if any, to continue till next date.
    Adjd to 01.10.2019 for NM rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: REJOINDER
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Mr. Aditya Modey for plff 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 15.01.2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Remedios h/f adv. Thorat 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 04.03.2020  for filing reply to contempt NM.
    Next Purpose: REPLY
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv. Ms.Remedious for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for plaintiff, adjournment granted.
    Earlier order, if any, to continue till next date.
     Matter adjd to 24.06.2020 for filing  reply to contempt NM by plaintiff.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Ms. Remedios h/f. Adv. R.D. Thorat for plaintiff present.
    Adv. Khandagale for deft/MCGM present.
    On oral request of advocate for Plaintiff, adjournment granted to file reply to Contempt NM No. 4621/16.
    Earlier order, if any, to continue till next date.
    Matter adjd to 08/02/2021 for filing reply to contempt NM by plaintiff.
    Next Purpose: REPLY
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Aditya Modi h/f Adv. Thorat for plaintiff present and requests for time to file reply to Contempt NM. Time is granted till next date.
    Adv. Khandagle for deft/MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd to 22/03/2021 for filing reply to Contempt NM by plaintiff.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 09/06/2021 for filing reply to Contempt NM by plaintiff.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Due to Covid - 19.
    Next Purpose: REPLY
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Adv. Remedios h/f Adv. Mr. R. D. Thorat for the plaintiff present and requested for time to file reply to Contempt NM. Time is granted till next date.
    Adv. Tondwalkar for BMC/defendant present
    Earlier order, if any, to continue till next date.
    Matter is adj to 20/09/2021 for filing contempt of NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv Anjali Mishra h/f Adv P.D. Gandhy for plaintiff present and seeks time to file reply to Contempt 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 25/10/2021 for filing reply to Contempt NM by plaintiff.
    Next Purpose: REPLY
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Mr. R. D. Thorat h/f. Adv. Mr. D.A. Thorat for Plaintiff present and seeks time to file reply to Contempt Nm. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 06/12/2021 for reply to contempt Nm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. R.D. Thorat for Plaintiff present and submitted that Plaintiff is not in his touch. He further submitted that notice is issued to the Plaintiff, but acknowledgement is not yet received. Hence, he prayed for adjournment. Adjournment is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 21/01/2022  for filing reply to contempt NM by Plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    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 14/02/2022 for filing reply to contempt NM by Plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Advocate  Remedious for the Plff Present and seeks time to file reply to Contempt NM.
    Order-- Time is granted as a last chance with directions that, if on the next date , plff failed to file reply, NM will be proceed without reply by Plff.
    Advocate Tondwalkar for Deft / MCGM Present.
      Matter is adjd for Reply on NM on 23/03/2022.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv R.D. Thorat for plaintiff present and submitted that plaintiff is not in contact with him, therefore he wants to withdraw his appearance.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 04/04/2022 for withdrawal of appearance by advocate for plaintiff / NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
    (Matter pertains to C.R. No.04)
    Adv R.D. Thorat for plaintiff present.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. To 20/06/2022 for withdrawal of appearance by advocate for plaintiff / NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Anjali Mishra h/f Adv. R. D. Thorat for plaintiff present and states that plaintiff is not in contact. Hence, requested for time. 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 03/08/2022 for withdrawal of appearance by advocate for plaintiff/NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Anjali Mishra h/f Adv. R. D. Thorat for plaintiff present and states that plaintiff is not in contact. Hence, requested for time. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 14/09/2022 for withdrawal of appearance by advocate for plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Anjali Mishra h/f Adv. R. D. Thorat for plaintiff present and states that plaintiff is not in contact.
    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 10/10/2022 for withdrawal of appearance by advocate for plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Omkar Sawant for plaintiff present and tendered application for withdrawal of appearance, TOR and marked as Exh.8, Copy of notice is marked as Exh.9 and envelop is marked as Exh.10.
    Order on Exh.8 - Perused envelop Exh.10 and copy of notice Exh.9. Hence, application allowed.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    No request of earlier order.
    Adjd. to 02/12/2022 for hrg. on N/M No.4621/2016 and reply of plaintiff to contempt N/M No.1627/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Following order is passed on N/M No.4621/2016-
    O R D E R
           This original N/M is takes out by plaintiff for interim injunction. N/M is pending since 2016. Adv. on record Adv. R. D. Thorat withdrawn V/P vide Exh.8. It appears that vide letter below Exh.9 Adv. R. D. Thorat informed the plaintiff about the date of the matter but inspite of that plaintiff did not appear. This shows that plaintiff is not interested to proceed with the N/M. Hence, I have no option but to dismiss the N/M for want of prosecution. Hence, I pass following order-
     O R D E R
    Notice of Motion No.4621/2016 stands dismissed for want of prosecution.
    Following order is passed on contempt N/M No.1627/2018-
    O R D E R
         Contempt N/M No.1627/2018 has been filed for breach of the interim order passed by this Court under order 39, rule 1 of the CPC. Hon\''ble Bombay High Court judgment of Rampyaribai Sukhadeo Daga V/s Niladevi Narayandas Jakhotiya and Ors. held that an application under order 39, rule 2-A of the CPC is to be separately registered as Miscellaneous Application and should be tried by framing issues independently. Hence, in view of the above cited judgment office is directed to register contempt N/M No. 1627/2018 as separate Miscellaneous Application. Hence, contempt  N/M No. 1627/2018 stands disposed of and removed from the CIS.
    Adv. Suryavanshi for defendant/ BMC submitted that their reply to N/M No.4621/2016 be treated as a written statement, Hence, N/M reply is treated as W/S and marked as Exh.11.
    Nature Of Disposal: OTHER
    Disposal Date: 03-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105671/2018
    Filing Date: 19-04-2018
    First Hearing Date: 12th June 2018
    Decision Date: 03rd February 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1Full order available
    03 Feb 2023

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101627/2018 1.Mr. Gajanan Ramchandra Patil 2.Mr. Kishore Mahadev Patil Vs MCGM Date : 03-02-2023 Business : None for plaintiff. Adv. Mr. Suryavanshi for defendant/ BMC is present. Following order is passed on N/M No.4621/2016- O R D E R This original N/M is takes out by plaintiff for interim injunction. N/M is pending since 2016. Adv. on…

    Read Full Order
    Order 1Full order available
    03 Feb 2023

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101627/2018 1.Mr. Gajanan Ramchandra Patil 2.Mr. Kishore Mahadev Patil Vs MCGM Date : 03-02-2023 Business : None for plaintiff. Adv. Mr. Suryavanshi for defendant/ BMC is present. Following order is passed on N/M No.4621/2016- O R D E R This original N/M is takes out by plaintiff for interim injunction. N/M is pending since 2016. Adv. on…

    Read Full Order

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