Order Details: Notice of Motion Pdf Text: 1 N.M.No.1791 of 2018 CNR: MHCC01-005845-2018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1791 OF 2018 IN L.C.SUIT NO.909 OF 2018 1. Sharif Ahmed J.M. Shaikh & Ors. .. Plaintiffs V/s. 1 Municipal Corporation of Greater Mumbai & Ors. .. Defendants Appearance:- Adv. Manmohan Rao for plaintiffs. Adv. Vaishali Mane along with Adv. Pradip Patil for MCGM. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M. MISHRA CITY…
NOTICE OF MOTION
Sharif Ahmed J.M.Shaikh +2 moreVsMCGM +2 more
CNR MHCC0100584520185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 04th December 2023
TrustJury record updated 12 Sept 2026
Case Overview
- Registration Number
- 101791/2018
- Registration Date
- 02 May 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
6Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 04-05-2018 Business: Mentioned by pracipee. NOB. TOB. Adv. Manmohan Rao for plaintiff tendered registered NM no. 1791/2018 with affidavit of service. Adv. Vaishali Mane with Adv. Patil for BMC seeks time to file reply. Adjd for ad-interim argument to 05.05.2018. Next Purpose: ARGUMENTS Next Hearing Date: 05-05-2018 Date: 05-05-2018 Business: Resumed. Heard, Adv. Manmohan Rao for plaintiff and Adv. Ms. Mane with Adv. Ms. Patil for BMC. Adv. Mane seeks time to file reply till the concerned officer appears before the court. However, the defendant has not filed any reply. Considering the complex facts, it is necessary that the defendant corporation filed its reply and documents if any on record so as to hear the matter on merits. Therefore the matter is adjourned to 25.05.2018. The defendant is directed to serve the reply and copies of documents on Adv. Manmohan Rao for plaintiffs. Till next date no coercive action be taken against the plaintiffs provided that the plaintiffs should not violet the mandate given in the judgment and order dtd. 01.11.2017 and 03.11.2017 passed in w.p. no. 652/2017. Adjd. for reply and arguments on ad-interim reliefs to 25.05.2018. Next Purpose: REPLY Next Hearing Date: 25-05-2018 Date: 25-05-2018 Business: Resumed Adv. Manmohan Rao for plaintiff and Adv. Ms. Mane for BMC are present. Plaint. Vakalatnama. Address Memo. List of documents. Affidavit in support of plaint. Adv. Ms. Mane submits that the concerned advocate on record Ms. Patil and the concerned officer are also on vacation, and therefore the reply cannot be filed. She moved application to that effect. O Granted as last chance till next date. Copy of reply and documents if any be supplied to the plaintiff in advance. Earlier order if any to continue till the next date. An ordinary copy of this order as well as the order and roznama dtd. 05.05.2018, duly authenticated by Sheristedar of this Court be supplied to both the parties. Adjd. for reply and arguments on ad-interim reliefs to 18.06.2018. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-06-2018 Date: 18-06-2018 Business: Resumed. The P.O. is on leave, hence board is discharged. Adjd for NM reply to 27.06.2018. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-06-2018 Date: 27-06-2018 Business: Resumed. The P.O. is busy in hearing of Suit No. 2511 of 2016 and other ad-interim reliefs matter and judgment in sessions Case No. 2 of 2018, for want of time the board is discharged. Adjd for NM reply to 23.07.2018 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-07-2018 Date: 23-07-2018 Business: Resumed. The P.O. is busy in delivery of judgment in L.C. Suit No. 2181/2011 and NM No. 1015/2017 in Suit No. 673/2017. For want of time the board is discharged. Earlier order if any to continue till the next date. Adjd for NM reply to 03.09.2018. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-09-2018 Date: 03-09-2018 Business: Adv. Rao for Plff and Adv. Pradeep Patil for MCGM are present. Adv. Rao submitted that, NM 1527/18 is already withdrawn. Adv. Patil Seeks time on the ground that, Ms. Vaishali Mane is not present. Earlier order if any to continue till the next date. Adj. For argument of NM 1791/18 on 29/10/2018. Next Purpose: NM ARGUMENTS Next Hearing Date: 29-10-2018 Date: 29-10-2018 Business: Resumed. Adv. Rao for plaintiff. Adv. Patil for MCGM. The sister matter Suit No. 2688/2018 is adjd to 14.11.2018. Earlier order if any to continue till the next date. Adjd for arguments on NM to 14.11.2018. Next Purpose: NM ARGUMENTS Next Hearing Date: 14-11-2018 Date: 14-11-2018 Business: Resumed. Adv. Manmohan Rao for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time to argue the NM on the ground that counsel Adv. Ms. Mane is not present. Time is granted as last chance. Earlier order if any to continue till the next date. Adjd for NM arguments to 16.11.2018. Next Purpose: NM ARGUMENTS Next Hearing Date: 16-11-2018 Date: 16-11-2018 Business: Resumed. Adv. Manmohan Roa for plaintiff tendered written submissions. Copy served on defendant corporation. Adv. Vaishali Mane with Adv. Pradip Patil for MCGM are present. Earlier order if any to continue till the next date. Adjd for NM arguments of defendant to 28.11.2018. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 28-11-2018 Date: 28-11-2018 Business: Resumed. Adv. Manmohan Rao for plaintiff is present. The P.O. is busy in hearing final arguments in Suit no. 2511/2016 and recording evidence High Court time bound matter in Suit no. 1242/2015. For want of time the board is discharged. Earlier order if any to continue till the next date. Adjd for NM arguments to 12.12.2018. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 12-12-2018 Date: 12-12-2018 Business: The P.O. is on leave. Adjd for NM Argument PH 07.01.2019 Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 07-01-2019 Date: 12-12-2018 Business: The P.O. is on leave. Adjd for NM Argument PH 07.01.2019 Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 07-01-2019 Date: 07-01-2019 Business: Resumed. Adv. Manmohan Rao for plaintiff present. Earlier order if any to be continue till the next date. Adjd for NM arguments P.H. to 21.01.2019 Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 21-01-2019 Date: 21-01-2019 Business: Resumed. Adv. Manmohan Rao for plaintiff and Adv. Pradip Patil for MCGM are present. Adv. Patil seeks time on the ground Counsel Adv. Ms. Vaishali Mane is in personal difficulty due to death of her relative. Earlier order if any to continue till the next date. Adjd for NM arguments to 25.02.2019. Next Purpose: NM ARGUMENTS Next Hearing Date: 25-02-2019 Date: 25-02-2019 Business: Adv. Manmohan Rao for plaintiff present. Adv. Mr. Patil with Adv. Vaishali Mane for defendant no. /MCGM present. Partly heard arguments of Adv. of plaintiff. Earlier order if any to continue till the next date. Matter adjd. to 16.3.19 for Arguments P.H. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 16-03-2019 Date: 16-03-2019 Business: Adv.Manmohan Rao for plaintiff present. Adv.Mr.Dhumale for defendant/MCGM present. Earlier order if any to continue till the next date. Matter adjd to 18.04.2019 for NM Argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 18-04-2019 Date: 18-04-2019 Business: Adv.Mr.Manmohan Rao for plaintiff present. Adv.Smt.Vaishali Mane for defendant/MCGM present. Earlier order if any to continue till the next date. Matter adjd to 03.06.2019 for NM Argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 03-06-2019 Date: 03-06-2019 Business: Adv.Mr.Manmohan Rao for plaintiff present. Adv.Mr.Patil for defendant present. Earlier order if any to continue till the next date. Matter adjd to 24.06.2019 for NM Argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 24-06-2019 Date: 24-06-2019 Business: Adv. Manmohan Rao for plaintiff present. Earlier order if any to continue till the next date. Matter adjd to 15.07.2019 for NM arguments P.H. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 15-07-2019 Date: 15-07-2019 Business: Adv.Vaishali Bhikule for plaintiff Present. Earlier order to continue till the next date. Adjd to 28/08/2019 for N.M. Argument (P.H.) Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 28-08-2019 Date: 28-08-2019 Business: Adv.Manmohan Rao for plaintiff present. Earlier order if any to continue till the next date. Court is busy in hearing argument, dictating orders and judgment hence, board is discharged. Matter adjd to 25.09.2019 for NM Argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 25-09-2019 Date: 28-08-2019 Business: Adv.Manmohan Rao for plaintiff present. Earlier order if any to continue till the next date. Court is busy in hearing argument, dictating orders and judgment hence, board is discharged. Matter adjd to 25.09.2019 for NM Argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 25-09-2019 Date: 25-09-2019 Business: Plaintiff absent and Adv. Mr. Manmohan Rao present. Adv. Mrs. Vaishali Mane for defendant/MCGM present and filed additional affidavit t.o.r. Earlier order if any to continue till the next date. Matter adjd to 09/10/2019 for hrg.on n/m Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 09-10-2019 Date: 09-10-2019 Business: CORAM . H.H.J SHRI. R.V Kokare (CR No.06) (INCHARGE COURT) Matter pertains to CR No.05 Adv. Vaishali Bhikule for plaintiff Present. Earlier order continue till next date. Adj to 04/11/2019 for N/M argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 04-11-2019 Date: 09-10-2019 Business: CORAM . H.H.J SHRI. R.V Kokare (CR No.06) (INCHARGE COURT) Matter pertains to CR No.05 Adv. Vaishali Bhikule for plaintiff Present. Earlier order continue till next date. Adj to 04/11/2019 for N/M argument. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 04-11-2019 Date: 04-11-2019 Business: Plaintiff and Adv. Ms. Vaishali Bikule Present. Adv. Ms. Vaishali Mane alongwith Adv. Mrs. Tondwalkar for defendant/MCGM present. Earlier order if any to continue till the next date. At the request of Adv. For plaintiff. Matter adjd to 15/11/2019 for hrg.on n.m. p.h. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 15-11-2019 Date: 04-11-2019 Business: Plaintiff and Adv. Ms. Vaishali Bikule Present. Adv. Ms. Vaishali Mane alongwith Adv. Mrs. Tondwalkar for defendant/MCGM present. Earlier order if any to continue till the next date. At the request of Adv. For plaintiff. Matter adjd to 15/11/2019 for hrg.on n.m. p.h. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 15-11-2019 Date: 15-11-2019 Business: Plaintiff absent and Adv. Ms. Vaishali Bhaikaike present. Adv. Mr. Patil/Mrs. Tondwalkar for dfdt/MCGM present. Earlier order if any to continue till the next date. Matter adjd to 20/12/2019 for hrg. On n.m. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 20-12-2019 Date: 15-11-2019 Business: Plaintiff absent and Adv. Ms. Vaishali Bhaikaike present. Adv. Mr. Patil/Mrs. Tondwalkar for dfdt/MCGM present. Earlier order if any to continue till the next date. Matter adjd to 20/12/2019 for hrg. On n.m. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 20-12-2019 Date: 20-12-2019 Business: As Court is on leave. Matter is adjd to 10.02.2020 for NM Arguments. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 10-02-2020 Date: 20-12-2019 Business: As Court is on leave. Matter is adjd to 10.02.2020 for NM Arguments. Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 10-02-2020 Date: 10-02-2020 Business: Adv. Mr. Manmohan Rao for plaintiff present and seeks time. Order-Granted time. Adv. Mr. Nandanwar for MCGM/defendant present. Earlier order if any to continue till the next date. Matter is adjd to 29/02/2020 for hrg.on n.m Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 29-02-2020 Date: 10-02-2020 Business: Adv. Mr. Manmohan Rao for plaintiff present and seeks time. Order-Granted time. Adv. Mr. Nandanwar for MCGM/defendant present. Earlier order if any to continue till the next date. Matter is adjd to 29/02/2020 for hrg.on n.m Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 29-02-2020 Date: 29-02-2020 Business: Adv. Mr. Manmohanrao for plaintiff present. Adv. Mrs. Vaishali Mane with Mrs. Rawade for MCGM/deft present. Earlier order if any to continue till the next date. By consent matter is adjd to 14/03/2020 for hrg.on n.m.(11.00am). Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 14-03-2020 Date: 29-02-2020 Business: Adv. Mr. Manmohanrao for plaintiff present. Adv. Mrs. Vaishali Mane with Mrs. Rawade for MCGM/deft present. Earlier order if any to continue till the next date. By consent matter is adjd to 14/03/2020 for hrg.on n.m.(11.00am). Next Purpose: NM ARGUMENTS P.H. Next Hearing Date: 14-03-2020 Date: 14-03-2020 Business: Adv Manmohan Rao for plaintiff present. Adv Suryawanshi for MCGM present. EOC. With consent Matter adjourned for NM arguments to 13.04.2020. LO at 12.10 pm. Adv Mane for MCGM present. Next Purpose: NM ARGUMENTS Next Hearing Date: 13-04-2020 Date: 14-03-2020 Business: Adv Manmohan Rao for plaintiff present. Adv Suryawanshi for MCGM present. EOC. With consent Matter adjourned for NM arguments to 13.04.2020. LO at 12.10 pm. Adv Mane for MCGM present. Next Purpose: NM ARGUMENTS Next Hearing Date: 13-04-2020 Date: 13-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ARGUMENTS Next Hearing Date: 28-04-2020 Date: 13-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ARGUMENTS Next Hearing Date: 28-04-2020 Date: 28-04-2020 Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 19.05.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 19-05-2020 Date: 19-05-2020 Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: NM ARGUMENTS Next Hearing Date: 06-06-2020 Date: 19-05-2020 Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned Next Purpose: NM ARGUMENTS Next Hearing Date: 06-06-2020 Date: 06-06-2020 Business: COVID-19 LOCKDOWN. Next Purpose: NM ARGUMENTS Next Hearing Date: 24-06-2020 Date: 06-06-2020 Business: COVID-19 LOCKDOWN. Next Purpose: NM ARGUMENTS Next Hearing Date: 24-06-2020 Date: 24-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 18-07-2020 Date: 18-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 13-08-2020 Date: 13-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 24-09-2020 Date: 13-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 24-09-2020 Date: 24-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 20-10-2020 Date: 24-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 20-10-2020 Date: 20-10-2020 Business: Plaintiff and adv absent. Adv Suryawanshi for MCGM/defendant present. Matter adjourned for NM arguments to 09/11/2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 07-12-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ARGUMENTS Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: None present for plaintiff. Adv Vaishali Mane present for MCGM/defendant. Matter is old plaintiff to avoid delay on NM. Adv of defendant is ready to inform next date to Adv of plaintiff. Earlier order if any to continue till the next date. Matter adjourned for NM arguments to 18.12.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 18-12-2020 Date: 07-12-2020 Business: None present for plaintiff. Adv Vaishali Mane present for MCGM/defendant. Matter is old plaintiff to avoid delay on NM. Adv of defendant is ready to inform next date to Adv of plaintiff. Earlier order if any to continue till the next date. Matter adjourned for NM arguments to 18.12.2020. Next Purpose: NM ARGUMENTS Next Hearing Date: 18-12-2020 Date: 18-12-2020 Business: CORAM: H.H.J. SMT. C. P. JAIN, JUDGE (C.R.NO.06) Matter Pertains to C.R. No. 05. Adv. Manmohanrao a/w. Adv. Mrs. Vaishali Present present for Plaintiff. Adv. Nandanwar for defendant/ MCGM Present. Earlier order if any to continue till the next date. Matter is adjd to. 15.01.2021 for NM Argument. Next Purpose: NM ARGUMENTS Next Hearing Date: 25-01-2021 Date: 25-01-2021 Business: Adv Manmohan present for plaintiff. Adv Nandanwar present for MCGM/defendant. Adv of plaintiff submitted additional affidavit for supporting NM. Copy served to other side. Earlier order if any to continue till the next date. Matter adjourned for additional reply if any to 05.02.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-02-2021 Date: 25-01-2021 Business: Adv Manmohan present for plaintiff. Adv Nandanwar present for MCGM/defendant. Adv of plaintiff submitted additional affidavit for supporting NM. Copy served to other side. Earlier order if any to continue till the next date. Matter adjourned for additional reply if any to 05.02.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-02-2021 Date: 05-02-2021 Business: Adv Mr. Manmohan Rao present for plaintiff . Adv Vaishali Mane present for defendant/BMC Earlier order if any to continue till the next date. Matter adjourned to 01/03/2021 for rejoinder and reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-03-2021 Date: 05-02-2021 Business: Adv Mr. Manmohan Rao present for plaintiff . Adv Vaishali Mane present for defendant/BMC Earlier order if any to continue till the next date. Matter adjourned to 01/03/2021 for rejoinder and reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-03-2021 Date: 01-03-2021 Business: Adv Vaishali present for plaintiff. Adv Vaishali Mane alongwith Adv Nandanwar present for MCGM/defendant. BMC officer Jagdish Patil present. Copy served on defendant. Earlier order if any to continue till the next date. Matter adjourned for NM reply to 17.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-03-2021 Date: 01-03-2021 Business: Adv Vaishali present for plaintiff. Adv Vaishali Mane alongwith Adv Nandanwar present for MCGM/defendant. BMC officer Jagdish Patil present. Copy served on defendant. Earlier order if any to continue till the next date. Matter adjourned for NM reply to 17.03.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-03-2021 Date: 17-03-2021 Business: Adv. Sarika Gawde present for plaintiff. Adv. Nandanwar present for MCGM/defendant. Adv of plaintiff sought time for rejoinder. Earlier order if any to continue till the next date. Matter adjourned for rejoinder to 16.04.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-04-2021 Date: 16-04-2021 Business: In view of holiday declared by Hon''ble high court hence matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-06-2021 Date: 16-04-2021 Business: In view of holiday declared by Hon''ble high court hence matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-06-2021 Date: 23-06-2021 Business: As court is on leave, matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-07-2021 Date: 23-06-2021 Business: As court is on leave, matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-07-2021 Date: 30-07-2021 Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-08-2021 Date: 30-07-2021 Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-08-2021 Date: 30-08-2021 Business: As presiding officer is on leave hence matter is adjd.to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-10-2021 Date: 30-08-2021 Business: As presiding officer is on leave hence matter is adjd.to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: None present For Plaintiff. Adv. Vaishali Mahadik @ adv. Amol Diwate present for MCGM/defendant. Plaintiff absent and his adv. are absent, Matter adjourned for order to. 12/11/21. Next Purpose: ORDER Next Hearing Date: 12-11-2021 Date: 04-10-2021 Business: None present For Plaintiff. Adv. Vaishali Mahadik @ adv. Amol Diwate present for MCGM/defendant. Plaintiff absent and his adv. are absent, Matter adjourned for order to. 12/11/21. Next Purpose: ORDER Next Hearing Date: 12-11-2021 Date: 12-11-2021 Business: None present for plaintiff. Adv. soraan @ adv. Vaishali Mane present for MCGM/defendant. As plaintiff and his adv. absent, Matter adjourned for dismissal order to. 15/12/21. l.o. at 03-45 pm. adv. manmohan rao presnnt and trendered application for continuation of eoc.t.o.r.marked as exh. 07. Earlier order if any to continue till the next date. Matter is adjd for reply and nm hearing to 15/12/21. Next Purpose: REPLY Next Hearing Date: 15-12-2021 Date: 12-11-2021 Business: None present for plaintiff. Adv. soraan @ adv. Vaishali Mane present for MCGM/defendant. As plaintiff and his adv. absent, Matter adjourned for dismissal order to. 15/12/21. l.o. at 03-45 pm. adv. manmohan rao presnnt and trendered application for continuation of eoc.t.o.r.marked as exh. 07. Earlier order if any to continue till the next date. Matter is adjd for reply and nm hearing to 15/12/21. Next Purpose: REPLY Next Hearing Date: 15-12-2021 Date: 15-12-2021 Business: Adv. Manmohan Rao present for plaintiff. Adv. Diwate present for MCGM/defendant and sought adjournment. Earlier order if any to continue till the next date Matter adjourned for reply to. 02/02/22. Next Purpose: REPLY Next Hearing Date: 02-02-2022 Date: 15-12-2021 Business: Adv. Manmohan Rao present for plaintiff. Adv. Diwate present for MCGM/defendant and sought adjournment. Earlier order if any to continue till the next date Matter adjourned for reply to. 02/02/22. Next Purpose: REPLY Next Hearing Date: 02-02-2022 Date: 02-02-2022 Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of 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 the next date. Matter adjourned for nm hearing to 04/03/22. Next Purpose: NM FOR HEARING Next Hearing Date: 04-03-2022 Date: 02-02-2022 Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of 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 the next date. Matter adjourned for nm hearing to 04/03/22. Next Purpose: NM FOR HEARING Next Hearing Date: 04-03-2022 Date: 04-03-2022 Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.(C.R.06) Matter pertains to C.R.05 Adv. Manmohan Rao present for plaintiff. Adv. Diwate present for MCGM/defendant. Earlier order if any to continue till the next date Matter adjourned for hearing on 13-04-2022. I/c Judge Next Purpose: HEARING Next Hearing Date: 13-04-2022 Date: 04-03-2022 Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.(C.R.06) Matter pertains to C.R.05 Adv. Manmohan Rao present for plaintiff. Adv. Diwate present for MCGM/defendant. Earlier order if any to continue till the next date Matter adjourned for hearing on 13-04-2022. I/c Judge Next Purpose: HEARING Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: Adv. Rao for Plaintiff present. Adv. Smt. Kumud Soraan for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for hearing on 20-06-2022 Next Purpose: HEARING Next Hearing Date: 20-06-2022 Date: 13-04-2022 Business: Adv. Rao for Plaintiff present. Adv. Smt. Kumud Soraan for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for hearing on 20-06-2022 Next Purpose: HEARING Next Hearing Date: 20-06-2022 Date: 20-06-2022 Business: Adv. Ms. Vaishali Bhikule for plaintiff present on her oral request matter is adjourned. Adv. Mr. Diwate for MCGM/ defendant present. Earlier order if any to continue till the next date as last chance. Matter adjourned for hearing to.11-07-2022 Next Purpose: HEARING Next Hearing Date: 11-07-2022 Date: 20-06-2022 Business: Adv. Ms. Vaishali Bhikule for plaintiff present on her oral request matter is adjourned. Adv. Mr. Diwate for MCGM/ defendant present. Earlier order if any to continue till the next date as last chance. Matter adjourned for hearing to.11-07-2022 Next Purpose: HEARING Next Hearing Date: 11-07-2022 Date: 11-07-2022 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Mr. Diwate for MCGM/ defendant present. Part heard arguments of Plaintiff on NM No.1791/18. It reveals that the matter relates to the Street Vender\''s and the Act 2014 is in operation. It is just to have the officer of defendant remain present on next date for hearing so that the policies, or notification etc., can be explained. Hence, matter be posted for argument on next date. Matter is adjd for NM arguments p.h. on 03-08-2022 Next Purpose: ARGUMENT P.H. Next Hearing Date: 03-08-2022 Date: 11-07-2022 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Mr. Diwate for MCGM/ defendant present. Part heard arguments of Plaintiff on NM No.1791/18. It reveals that the matter relates to the “Street Vender\''s and the Act 2014” is in operation. It is just to have the officer of defendant remain present on next date for hearing so that the policies, or notification etc., can be explained. Hence, matter be posted for argument on next date. Matter is adjd for NM arguments p.h. on 03-08-2022 Next Purpose: ARGUMENT P.H. Next Hearing Date: 03-08-2022 Date: 03-08-2022 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Mr. Diwate for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for NM on 19-09-2022 Next Purpose: ARGUMENT P.H. Next Hearing Date: 19-09-2022 Date: 03-08-2022 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Mr. Diwate for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for NM on 19-09-2022 Next Purpose: ARGUMENT P.H. Next Hearing Date: 19-09-2022 Date: 19-09-2022 Business: Adv Manmohan Rao for Plaintiff present. Adv Diwate @ Adv Vaishali Mane for defendant/MCGM present. Sandip Kelshikar Senior Inspector present and directed to bring the necessary documentation regarding information of town planing commission. Matter is adjd for hearing on 21-10-2022 Next Purpose: HEARING Next Hearing Date: 21-10-2022 Date: 19-09-2022 Business: Adv Manmohan Rao for Plaintiff present. Adv Diwate @ Adv Vaishali Mane for defendant/MCGM present. Sandip Kelshikar Senior Inspector present and directed to bring the necessary documentation regarding information of town planing commission. Matter is adjd for hearing on 21-10-2022 Next Purpose: HEARING Next Hearing Date: 21-10-2022 Date: 21-10-2022 Business: As Court is busy in urgent hearing in ad-interim matters i.e. Stamp No. 11781 of 2022 and orders dictating of In charge Court matters i.e. St.No. 11943/2022 and 11766/2022. Hence want of time board discharged. Matter is adjd for NM hearing on 05-12-2022 Next Purpose: NM FOR HEARING Next Hearing Date: 05-12-2022 Date: 21-10-2022 Business: As Court is busy in urgent hearing in ad-interim matters i.e. Stamp No. 11781 of 2022 and orders dictating of In charge Court matters i.e. St.No. 11943/2022 and 11766/2022. Hence want of time board discharged. Matter is adjd for NM hearing on 05-12-2022 Next Purpose: NM FOR HEARING Next Hearing Date: 05-12-2022 Date: 05-12-2022 Business: Matter pertains to Court Room No. 05 Adv Rao for Plaintiff present. Adv. Smt. Vidya Vyavahare for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for NM hearing on 23-01-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 23-01-2023 Date: 05-12-2022 Business: Matter pertains to Court Room No. 05 Adv Rao for Plaintiff present. Adv. Smt. Vidya Vyavahare for MCGM/ defendant present. Earlier order if any to continue till the next date. Matter is adjd for NM hearing on 23-01-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 23-01-2023 Date: 23-01-2023 Business: As Court is busy in order dictating in Suit No. 1842 of 2017 and Suit No. 1843 of 2017. Hence want of time board is discharged. Matter is adjd for NM hearing on 03-03-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 03-03-2023 Date: 23-01-2023 Business: As Court is busy in order dictating in Suit No. 1842 of 2017 and Suit No. 1843 of 2017. Hence want of time board is discharged. Matter is adjd for NM hearing on 03-03-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 03-03-2023 Date: 03-03-2023 Business: Matter pertains to C.R. 05. Adv. Manmohan Rao present for Plaintiff. Adv. Pradeep Patil present for def./MCGM. Earlier order if any to continue till the next date. Matter is adjd for NM hearing on 28-04-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 28-04-2023 Date: 03-03-2023 Business: Matter pertains to C.R. 05. Adv. Manmohan Rao present for Plaintiff. Adv. Pradeep Patil present for def./MCGM. Earlier order if any to continue till the next date. Matter is adjd for NM hearing on 28-04-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 28-04-2023 Date: 28-04-2023 Business: Adv Mannohan Rao for Plaintiff present. Adv Pradeep M. Patil for defendant /MCGM present. Earlier order if any to continue till the next date. Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and SC No. 1405 of 2019. Matter is adjd for NM on 14-07-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 14-07-2023 Date: 28-04-2023 Business: Adv Mannohan Rao for Plaintiff present. Adv Pradeep M. Patil for defendant /MCGM present. Earlier order if any to continue till the next date. Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and SC No. 1405 of 2019. Matter is adjd for NM on 14-07-2023 Next Purpose: NM FOR HEARING Next Hearing Date: 14-07-2023 Date: 14-07-2023 Business: Adv. Manmohan Rao for plaintiff present. Adv. Pradip Patil for defendant/ BMC present. The learned Adv. for the plaintiff, referred to the roznama dated 19/09/2022 in which it reaveals that some directions are given to one Sandeep Kelshikar, Senior Inspeort to bring necessary documentation regarding information of town planning commisision. Accordingly leaerned Adv. for the plaintiff submitted that it is therefore, necessary for the defendants to file necessary affidavit on record. After considering the facts and circumstances, it reaveals that the matter is for hearing on N/M. In theses circumstances, all these facts can be argued by the parites and if it is found necessary that some compliance is required which is not done, necessary inference can be drawn while deciding the N/M. Hence, in this background, parites are directed to argue on N/M. Earlier order, if any, to continue till next date. Matter is adjd. to 25/08/2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 25-08-2023 Date: 14-07-2023 Business: Adv. Manmohan Rao for plaintiff present. Adv. Pradip Patil for defendant/ BMC present. The learned Adv. for the plaintiff, referred to the roznama dated 19/09/2022 in which it reaveals that some directions are given to one Sandeep Kelshikar, Senior Inspeort to bring necessary documentation regarding information of town planning commisision. Accordingly leaerned Adv. for the plaintiff submitted that it is therefore, necessary for the defendants to file necessary affidavit on record. After considering the facts and circumstances, it reaveals that the matter is for hearing on N/M. In theses circumstances, all these facts can be argued by the parites and if it is found necessary that some compliance is required which is not done, necessary inference can be drawn while deciding the N/M. Hence, in this background, parites are directed to argue on N/M. Earlier order, if any, to continue till next date. Matter is adjd. to 25/08/2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 25-08-2023 Date: 25-08-2023 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Vaishali Mane along with Adv. Pradip Patil for MCGM present. On oral request of Ld. Adv. For defendant matter is adjourned. Earlier order, if any, to continue, till next date. Matter is adjd to 09.10.2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 09-10-2023 Date: 09-10-2023 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Vaishali Mane along with Adv. Pradip Patil for MCGM present. Heard arguments of both sides on NM No. 1791/18. Earlier order, if any, to continue, till next date. Matter is adjd to 16.10.2023 for citation. Next Purpose: CIATATION Next Hearing Date: 16-10-2023 Date: 16-10-2023 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Pradip Patil for MCGM present. Ld. Adv. for MCGM has filed citation. TOR. Copy served to other side. Earlier order, if any, to continue, till next date. Matter is adjd to 06.11.2023 for NM order. Next Purpose: NM ORDERS Next Hearing Date: 18-10-2023 Date: 18-10-2023 Business: Mentioned by preciepe. NOB TOB. Adv. Manmohan Rao for Plaintiff present. Adv. Pradip Patil for MCGM present. Ld. Adv. for plaintiff filed copy of order dtd. 12.03.2018 of the Honble Bombay High Court in WP (L)No. 398/18. TOR. Copy served to other side. Arguments are already heard. Earlier order, if any, to continue, till next date. Already adjd to 06.11.2023 for order on NM No. 1791/18. Next Purpose: NM ORDERS Next Hearing Date: 06-11-2023 Date: 06-11-2023 Business: Adv. Vaishali h/f Adv. Manmohan Rao is present for plaintiff. Adv. Vaishali Mane along with Adv. Pradip Patil for BMC is present. Matter is fixed for order on NM No.1791/2018 however, steno is on leave. Hence, matter is adjourned for passing order. Earlier order, if any, to continue till next date. Matter is adjd to 04-12-2023 for order on NM No.1791/18. Next Purpose: NM ORDERS Next Hearing Date: 04-12-2023 Date: 06-11-2023 Business: Adv. Vaishali h/f Adv. Manmohan Rao is present for plaintiff. Adv. Vaishali Mane along with Adv. Pradip Patil for BMC is present. Matter is fixed for order on NM No.1791/2018 however, steno is on leave. Hence, matter is adjourned for passing order. Earlier order, if any, to continue till next date. Matter is adjd to 04-12-2023 for order on NM No.1791/18. Next Purpose: NM ORDERS Next Hearing Date: 04-12-2023 Date: 04-12-2023 Business: Adv. Manmohan Rao for Plaintiff present. Adv. Vaishali Mane a/w Adv. Pradip Patil for MCGM present. FRSR the following order is passed - Order on NM No. 1791 of 2018 1. Notice of Motion No.1791 of 2018 is partly allowed to the extent of plaintiff No.1 to 4 only. 2. Defendants are hereby temporary restrained from evicting, relocating, and/or dispossessing the plaintiff No.1 to 4 from carrying on their business as existing street vendor from street vending at north side footpath of Globe Chamber, outside 133 Central Cottage Industries on Walchand Hirachand Marg, Mumbai till decision of the suit. 3. Notice of Motion No.1791 of 2018 to the extent of plaintiff No.5 is dismissed. 4. Costs in cause. 5. Notice of Motion stands disposed off accordingly. Matter is adjd to 05.02.2024 for written statement. Nature Of Disposal: OTHER Disposal Date: 04-12-2023
Additional Case Details
Additional Case Details
Filing Number: 106385/2018 Filing Date: 02-05-2018 First Hearing Date: 04th May 2018 Decision Date: 04th December 2023 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
04 Dec 2023
Order 1Full order available
04 Dec 2023
Order Details: Notice of Motion Pdf Text: 1 N.M.No.1791 of 2018 CNR: MHCC01-005845-2018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1791 OF 2018 IN L.C.SUIT NO.909 OF 2018 1. Sharif Ahmed J.M. Shaikh & Ors. .. Plaintiffs V/s. 1 Municipal Corporation of Greater Mumbai & Ors. .. Defendants Appearance:- Adv. Manmohan Rao for plaintiffs. Adv. Vaishali Mane along with Adv. Pradip Patil for MCGM. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M. MISHRA CITY…
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