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NOTICE OF MOTION

Mr. Rahul Nanaji DedhiaVsMCGM

CNR MHCC0100582220188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th June 2019

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101790/2018
Registration Date
02 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-06-2018
    Business: Adv. Ms. Rubia Taneja for plaintiff present.
    Adv. Mr. Giri for BMC present.
    Advocate of plaintiff filed undertaking given as per the WP no. 1135/14.
    Advocate of plaintiff filed registered N/M no. 1790/18.
    Earlier order if any, to continue till next date.
    Adjd to 13.6.2018 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Business: Adv. Ms. Rubina Taneja for plaintiff present.
    Adv. Mr. Giri for BMC present.
    Officer of BMC, Mr. Nalawade present.
    Advocate of BMC filed reply to N/M.
    Adjd to 29.6.2018 for N/M rejoinder/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2018
    
    Date: 29-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Plff and Adv. absent.
    Adv. Mr. Giri for defendant / BMC present.
    Earlier order to continue till next date.
    Adjd. to 23.07.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Adv Taneja for plff present.
    Adv Giri for BMC/deft present.
    K.B..
    Later on..
    Adv Taneja for plff present.
    Adv Giri for BMC/deft present.
    Heard argument partly of plff\''s adv
    Earlier order to continue till next date.
    Adjd to 16/08/2018 for arguments (PH).
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Adv Taneja for plff present.
    Adv Jyoti Mhatre for BMC/deft present.
    Plff present. Adv Taneja for plff present.
    Adv Jyoti Mhatre for BMC/deft present.
    Adv Wagle for applicant present and tendered draft ch/sum and vakalatnama.
    Order- Leave is granted to register the ch/sum.
    Heard arguments on NM by the plff.
    Earlier order to continue till next date.
    Adjd to 24/08/2018 for arguments on NM by deft and reply to ch/sum.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 24-08-2018
    
    Date: 24-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Adv.Rubia Taneja for plaintiff present.
    Adv. Mhatre for defendant no. / BMC present.
    Earlier order to continue till next date.
    Matter adjd. to 7.9.18 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2018
    
    Date: 01-10-2018
    Business: Adv. Rubia Taneja for plaintiff present.
    Adv. Mhatre for defendant no. / BMC present.
    Adv. for deft. filed Addl. affidavit to notice of motion. Tor
    copy served to other side.
    Heard arguments of Adv. of plaintiff Partially.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 8.10.18 for Further Arguments of plaintiff.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. Rubia Taneja for plaintiff present.
    Adv. Mhatre for defendant no. / BMC present.
    K.B.
    L.O
    Same appearance.
    Partly heard arguments of Adv. of plaintiff.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 22.10.18 for Arguments P.H.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: Adv. Rubia Taneja for plaintiff present.
    Adv. Mhatre for defendant no. / BMC present.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 31.10.18 for Arguments P.H.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 31-10-2018
    
    Date: 31-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Adv Ms.Rubia Taneja for plff present and filed rejoinder.
    Copy served to other side.
    Adv Mr.Kuber Wagale for applicant present and filed vakalatnama, draft ch/s and affdvt in support of ch/s taken on record.
    Adv Mrs.Mhatre for deft/BMC present.
    Leave granted to register the ch/s.
    Earlier order, if any, to continue till next date.
    Adjd to 05.01.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Adv Rubia Taneja for plff present.
    Adv Mhatre h/f adv Bhoir for BMC/deft. present.
    Adv Bharucha for applicant present and tendered original ch/sum no.2260/18 alongwith affidavit in support. It is TOR.
    Heard argument on NM of Ld adv for plff.
    Adjd to 14/01/2019 for arguments of deft.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Adv Rubia Taneja for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    K.B..
    Later on..
    Adv Rubia Taneja for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Adv Mr.Kuber Wagle for applicant present.
    Heard arguments of ld adv for BMC/deft.
    Adjd to 25/01/2019 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Adv Rubia Taneja for plff present.
    Adv Mrs.Bhoir for BMC/deft. present.
    Earlier order, if any, to continue till next date.
    Adjd to 11/02/2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Plaintiff present. Adv. for plaintiff absent.
    Adv. Bhoir for Defendant/MCGM present.
    Ld. Advocate for defendant orally submits that the matter is referred to TAC and the report is awaited.
    Earlier order, if any, to continue till next date.
    Adjd. to 01.03.2019 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: (Incharge Court of C.R.No.8)
    Adv. Ms.Rubia Taneja  for Plaintiff present.
    Adv. Mr. Diwate for deft/BMC present.
    Earlier order  to continue till next date.
    Matter adjd. to 25.03.2019 for N/m Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Adv. Ms. Rubiya Taneja for Plff present.
    Adv. Mrs. Bhoir for MCGM/Deft present.
    Ld. Adv. for Deft/MCGM oral requests for two weeks time to obtain instructions from concerned officer.
    Earlier order, if any, to continue till next date.
    Adjd to 5/4/2019 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: None for Plff.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    KB - LO at 3.45 p.m.
    Plff present and his Adv. absent.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    Officer Mr. Harshad Nalawade, T.E. (N-Ward), MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd to 3/5/2019 for N/M orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. Rubia Taneja for Plaintiff present.
    Adv. Ms. Patil for Defendant/BMC present.
    FRSR the following order is passed on NM no. 1790/18.
    ORDER
    1.  Notice of Motion is partly allowed in terms of prayer clause (a) and the defendant MCGM is temporarily restrained from acting in pursuance of the notice no.CAN/037/GEN/B  and F dated 10/04/2018 and notice no.CAN/15/MCH N/DATED 05/04/2018 purported to be under section 354 of the MMC Act till the Technical Advisory Committee follows the guidelines issued by the defendant MCGM which are approved on 23.02.2018 in respect of buildings in dilapidated condition and passes order in accordance with the same Policy.
    2.  Notice of motion is disposed off accordingly.
    3.  Costs in cause.
    Adjd. to 23.07.2019 for Ch/s reply/hearing.
    Nature Of Disposal: ALLOWED
    Disposal Date: 10-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 106364/2018
    Filing Date: 02-05-2018
    First Hearing Date: 06th June 2018
    Decision Date: 10th June 2019
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    10 Jun 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 1790/2018 in Suit 1074/18 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1790 of 2018 IN L.C. SUIT NO.1074 of 2018 Mr. Rahul Nanji Dedhia ..Plaintiff V/s. Municipal Corporation of Greater Mumbai ..Defendant Coram : H.H. JUDGE SHRI C.V.MARATHE Date : 10th June, 2019 (C.R.No.8) Advocate Ms. Rubia Taneja for the plaintiff. Advocate Mrs. Bhoir for the defendant/MCGM. ORAL ORDER 1. This is an application by Notice of…

    Read Full Order
    Order 1Full order available
    10 Jun 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 1790/2018 in Suit 1074/18 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1790 of 2018 IN L.C. SUIT NO.1074 of 2018 Mr. Rahul Nanji Dedhia ..Plaintiff V/s. Municipal Corporation of Greater Mumbai ..Defendant Coram : H.H. JUDGE SHRI C.V.MARATHE Date : 10th June, 2019 (C.R.No.8) Advocate Ms. Rubia Taneja for the plaintiff. Advocate Mrs. Bhoir for the defendant/MCGM. ORAL ORDER 1. This is an application by Notice of…

    Read Full Order

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