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NOTICE OF MOTION

Vikash Tukaram DhakaravVsThe Asst. Municipal Commissioner

CNR MHCC01005682201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd June 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102051/2019
Registration Date
11 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-06-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion no. 2051/19 along with affidavit in support of Notice of Motion. T.O.R.
    Adv. for plaintiff also filed original Chamber Summons no. 1060/19 along with affidavit in support of Chamber Summons. T.O.R.
    Advocate Mr.Giri for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 13.06.2019   for ad-interim hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    KB
    LO at 1.45pm
    Advocate V.T.Dubey for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present and filed reply on Chamber Summons. TOR.
    Heard.
    At 4.45 pm,
    Advocate V.T.Dubey for plaintiff present.
    Advocate Mr. Giri for defendant/MCGM present.
    Heard on grant of ad-interim relief. Perusal of proceedings reveals that the plaintiff has produced a photograph dated 05.05.2019 revealing a completed construction.  The impugned notice is dated 10.05.2019.  There is nothing submitted by the defendant to reveal that the construction was on going when the impugned notice was given.  The inspection report, photographs and panchanama etc., if any, should have been produced.  In such circumstances, a prima-facie case is made out by the Plaintiff. Hence the order -
                                            ORDER
    1. Ad interim relief is granted in terms of prayer clause (a) of the Notice of Motion till next date.
    2. Defendant to file reply to NM.
    Authenticated copy of roznama be given to the parties.
    The case is adjourned to 22.08.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13 and in dictating order in Suit no. 282/16 and also in ad-interim hearing and dictating order in suit no.2284/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 07.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 10.12.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 03.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: HHJ is on  leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is vacant.Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv. Ms. Vijaya Rani h/f Adv. Mr. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 04.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Matter pertain to CR. No.11.
    Adv. Vijayarani h/f Adv. V.T. Dubey for plaintiff present.
    Adv. Ms. Mhatre h/f Adv. Khandagale  for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 25.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Vijayarani for the plaintiff present.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for NM reply to 01/07/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. N.K. Dubey for the plaintiff is present and orally requested for time to tender registered NM No.2053/2019. Time is granted till next date. In default, the NM would stand dismissed.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS order.
    Earlier order, if any, to continue till the next date.
    Adjourned for tendering registered NM/no reply no WS order to 29.08.2022.
    Next Purpose: ORDER
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed original registered NM No. 2053/2019 along-with affidavit. TOR.
    Adv. Mr. Khandagale for defendant/MCGM is present. He made the statement that in this matter, as per the instructions received, the Speaking Order has been passed. The advocate for the plaintiff submitted that he has to verify this fact. He orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Adjourned for NM hearing (No reply) to 21.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv. V.T. Dubey for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
    Adjourned for NM hearing (No reply) to 23.12.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Time is granted.
    Adjourned for NM haering (no reply) to 22.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    
    Date: 19-04-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 23.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Adv. Mr. V. T. Dubey for the plaintiff is present and submitted that the rozanama dtd. 13.06.2019, the NM should be dismissed of. He not pressed NM No. 2053/19. Hence, NM No. 2053/19 is disposed of as not pressed.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    The following Order is passed in NM No. 2051/2019.
    -: O R D E R :-
    1.     The record shows that till date, the defendant failed to contest the suit and to rebut the plaintiff’s stand that no Speaking Order is passed in this matter. Although, sufficient opportunities are given to the defendant to clearify the position on record, but all in vain. The suit is filed in 2019 and since then, the interim order is continued in favour of the plaintiff. It appears that by Order dtd. 13.06.2019, the defendant was restrained to demolish this notice structure and was also directed to file reply, wherein he failed. In this way, there is no change in scenario which was prevailling while passing of the said interm relief. In the result, NM No.2051/2019 is disposed of, restraining the defendant from taking any coercive steps against the notice structure, except by following the due process of law.
    Adjourned for RE (Without WS) to 21.08.2023.
    Nature Of Disposal: OTHER
    Disposal Date: 23-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106200/2019
    Filing Date: 11-06-2019
    First Hearing Date: 12th June 2019
    Decision Date: 23rd June 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Jun 2023

    Order Details: Other Pdf Text: 23.06.2023 Sr. No. 31 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1280/19 NM 2053/19 NM 2051/19 Adv. Mr. V. T. Dubey for the plaintiff is present and submitted that the rozanama dtd. 13.06.2019, the NM should be dismissed of. He not pressed NM No. 2053/19. Hence, NM No. 2053/19 is disposed of as not pressed. Adv. Mr. G.O. Giri for defendant/MCGM is present. The following Order is passed in NM No. 2051/2019. -: O…

    Read Full Order

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