NOTICE OF MOTION

Gajanan Mahadev SavtirkarVsMCGM

CNR MHCC0100561020185-COURT 05 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Contested--ALLOWED

Decision Date: 29th September 2018

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number: 101712/2018
Registration Date: 25 Apr 2018

Advocates

For Petitioner

Haresh Thacker

For Respondent

Not available

Parties

Petitioner

1Gajanan Mahadev Savtirkar

Respondent

1MCGM

Acts & Sections

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

Case History / Proceedings

Case History

Date: 03-05-2018
Business: Considering the submissions, it is undisputed that there was a structure and the same was demolished after dismissal of the suit.  Therefore it is not expedient to direct its restoration at ad-interim stage.  Let the defendant  file reply and the matter will be decided on merits.  However, Considering the urgency in the matter the defendant  is directed to file its reply on 05.06.2018.  The defendant  is also directed to file reply to the motion for restoration of the suit on 05.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2018

Date: 05-06-2018
Business: Resumed.
Adv. Thakkar for plaintiff and Adv. Rawade holding for Adv. Dhumale for MCGM are present.  She seeks time on the ground that Adv. Dhumale has undergone operation. Adjd for NM reply to 14.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2018

Date: 14-06-2018
Business: Resumed.
The P.O. is on leave, hence board is discharged.
Adjd for NM reply to 10.07.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Resumed.
Plaintiff with Adv. Thakkar and Adv. Dhumale for MCGM are present.
Adv. Dhumale filed reply to NM. O - R and R.
Adjd for arguments on NM to 21.07.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-07-2018

Date: 21-07-2018
Business: Resumed.
Adv. Haresh Thakkar for plaintiff and Adv. Dhumale for MCGM are present.
Heard, Adv. Thakkar on NM for restoration of suit and NM for restoration of suit premises.  The Ld. Adv. Dhumale submits that his reply be treated as arguments.
Adjd for orders on NM to 30.07.2018.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-07-2018

Date: 30-07-2018
Business: Resumed.
Mr. M. S. Ansari h/f Adv. Mr. Thakkar for plaintiff
Adv. Ms. Patil h/f Adv. Mr. Dhumale for MCGM
F.R.S.R. following order is passed on N/M no. 3349/17
                                         ORDER
1.  Notice of Motion no. 3349/17 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs of Rs.500/- to the defendant  within the period of three weeks from today.
2.  Upon compliance of the aforesaid order on or before 20.08.2018, the suit be restored to its original stage on the file of this Court.
Order on N/M no. 1712/18 -
             ORDER
1. The N/M is for restoration of the suit premises which is wrongly damaged by the defendants and for taking appropriate action against the concerned staff members / officers of the defendant. The suit was for evidence when it was dismissed in default. It is now restored subject to certain conditions. Therefore, at this juncture, it is not expedient to pass final orders on N/M no. 1712/2018. This N/M is required to be disposed off by leading evidence. Therefore it be heard along with suit.
Matter adjd for compliance of order passed on N/M 3349/17 to 18.08.2018
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2018

Date: 18-08-2018
Business: Resumed.
Adv. M.S. Ansari for plaintiff seeks time to deposit costs Rs. 500/- with the office of defendant.  Time is granted till 01.09.2018 to deposit the costs.  An ordinary copy of this order and order dt. 30.07.2018  duly authenticated by sheristedar of this court be supplied to the plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 231/2018 and 329/2018.  For want of time the board is discharge.
Adjd for compliance to 29.09.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2018

Date: 29-09-2018
Business: Resumed.
Plaintiff in person is present, his advocate is absent.  Adv. Dhumale for MCGM is present.
According to plaintiff he has deposited costs Rs. 500/- in the concern C ward office on 30.08.2018.
Therefore, in furtherance of order dtd. 30.07.2018, passed on NM No. 3349 /2017 the suit No. 4643/2006 is restored to its original stage on the file of this Court.
Adjd for evidence of plaintiff to 01.11.2018.
Nature Of Disposal: ALLOWED
Disposal Date: 29-09-2018

Additional Case Details

Filing Number: 106186/2018
Filing Date: 25-04-2018
First Hearing Date: 03rd May 2018
Decision Date: 29th September 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

Final Order 1

29 Sept 2018

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101712/2018
Gajanan Mahadev Savtirkar Vs MCGM
Date : 29-09-2018
Business : Resumed. Plaintiff in person is present, his advocate is
absent. Adv. Dhumale for MCGM is present. According to
plaintiff he has deposited costs Rs. 500/- in the concern C
ward office on 30.08.2018. Therefore, in furtherance of
order dtd. 30.07.2018, passed on NM No. 3349 /2017 the
suit No. 4643/2006 is restored to its original stage on the
file of this Court. Adjd for evidence of plaintiff to
01.11.2018.
Nature of Disposal : ALLOWED
Disposal Date : 29-09-2018
COURT 5 ADDL SESSIONS JUDGE
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Order 1