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NOTICE OF MOTION

Laxman Patel Gandhi +4 moreVsMCGM +1 more

CNR MHCC01005886201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 09th July 2018

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101804/2018
Registration Date
02 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    7

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 04-06-2018
    Business: Adv Navin Tiwari for the plaintiff present.
    He filed original NM no.1804/18 alongwith affidavit t.o.r.
    Adv Pal h/f adv Vimlesh Singh for def no.2 present. Adv for def no.2 filed NM reply t.o.r.
    Adv Hajare for BMC/def no.1 present.
    Written statement cum reply.
    List of documents.
    Defendant no.2 present.
    Adjourned to 05.06.2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2018
    
    Date: 05-06-2018
    Business: Adv Sneha Mishra h/f adv N R Tiwari for plaintiff present.
    Adv Khandagale for the def no.1/BMC present.
    Adv Vimlesh Singh for def no.2 present.
    Sumit Jogdande Jr Engineer L-ward present.
    KB
    LO at 4.30 pm
    Adv Sneha Mishra h/f adv N R Tiwari for plaintiff present.
    Adv Khandagale for the def no.1/BMC present.
    Adv Vimlesh Singh for def no.2 present.
    Adv Khandagale filed NM reply 1804/18 t.o.r.
    KB
    LO at 5.15 pm
    Directions given to plaintiff to filed original register NM before the Court.
    Adjourned to 06.06.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2018
    
    Date: 06-06-2018
    Business: Adv Navin Tiwari for the plaintiff present.
    Adv Hajare for def no.1/BMC present.
    Adv Vimlesh Singh for def no.2 present.
    Heard argument of adv for the plaintiff.
    KB
    LO at 4.55 pm
    Sumit Jogdande, Jr Engineer, L-ward present.
    Adv Hajare for def no.1/BMC present.
    Heard argument of adv for the defendant no.1/BMC.
    Earlier order to continue till next date.
    Adjourned to 13.06.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2018
    
    Date: 13-06-2018
    Business: Plaintiff and ad absent.
    Adv Hajare for the def no.1/BMC present.
    Adv Vimlesh Singh for def no.2 present.
    KB for argument.
    LO at 3.55 pm
    Adv Navin Tiwari for the plaintiff present.
    Adv Hajare for the def no.1/BMC present.
    Adv Vimlesh Singh for def no.2 present.
    The plaintiff filed structural audit report dtd January 2018 carried by their architect which is conflicting with inspection report of BMC. The plaintiff filed the said report on 06.06.2018. The plaintiff carried out the said structural audit after filing of the suit and not before that. The said structural audit report is referred to TAC and directions given to TAC to file their report within 15 days from today.
    Directions given to Jr Engineer Sumit Jogdande to hand over the copy of structural audit report of plaintiff to TAC and whatever help TAC require to assist them.
    Earlier order to continue till next date.
    Authenticated copy of roznama be supplied to the parties to the suit.
    Adjourned to 28.06.2018  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Plaintiff and adv absent.
    Adv Khandagale for def no.1/BMC present.
    He filed list of documents Exh.7 t.o.r.
    Adv Pal h/f adv Vimlesh Singh for def no.2 present.
    Adv Khandagale for the def/BMC submits that TAC committee want some time, they will submit their report on 10.07.2018.
    Adjourned to 12.07.2018  for NM hearing.
    
    LO at 3.45 pm
    Adv Neha Mishra h/f adv Naveen Tiwari for plaintiff present.
    Earlier order to continue till next date.
    Already adjourned to 12.07.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: By precipe
    Adv Naveen Tiwari for plaintiff present.
    Adv Hajare for deft/BMC present.
    She filed additional affidavit of NM t.o.r. and
    List of documents Exh.8 t.o.r.
    Heard both the sides.
    The plaintiff not yet tendered original notice of motion.
    Mr. Srikant Bhalkar, Asst.Engg. L-Ward present.
    Mr. Hari Narayan Sahu, Exe. Engg. and Mr. Sumit Jogdande , Jr. Engg. Present.
    FRSR, following order is passed
                                        ORDER
    1Notice of Motion (Unregd.) is rejected.
    2Direction given to the Defts/BMC to provide temporary transit accommodation to the plaintiffs/occupants of the suit building for 15 days. Within 15 days the tenants shall search and shift in alternate premises.
    3Direction given to Defendant no.2/Developer, Landlord and Owner of the suit building to immediately enter into the registered development agreement with all the tenants and also submit the sanction plan to the BMC as early as possible.
    Directions given to the plaintiffs to give further undertaking that it is their responsibility to search and shift in alternate premises within 15 days from the date of the order.
    In view of the order passed in above unregistered NM nothing is survived to grant any relief as prayed in NM no.1804/18 hence NM 1804/18 is disp off.
    Authenticated copy of this roznama be supplied to the parties to the suit.
    Nature Of Disposal: DISMISSED
    Disposal Date: 09-07-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 106355/2018
    Filing Date: 02-05-2018
    First Hearing Date: 04th June 2018
    Decision Date: 09th July 2018
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    09 Jul 2018

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101804/2018 1.Laxman Patel Gandhi 2.Keshar B.Shah 3.Bhimshi Laxmi Shah 4.Ranchod K.Choudhary 5.Udaybhan Singh Vs 1. MCGM 2. M/s. K. B. Developers and Builders Date : 09-07-2018 Business : By precipe Adv Naveen Tiwari for plaintiff present. Adv Hajare for deft/BMC present. She filed additional affidavit of NM t.o.r. and List of documents Exh.8 t.o.r. Heard both the sides. The…

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    Order 1Full order available
    09 Jul 2018

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101804/2018 1.Laxman Patel Gandhi 2.Keshar B.Shah 3.Bhimshi Laxmi Shah 4.Ranchod K.Choudhary 5.Udaybhan Singh Vs 1. MCGM 2. M/s. K. B. Developers and Builders Date : 09-07-2018 Business : By precipe Adv Naveen Tiwari for plaintiff present. Adv Hajare for deft/BMC present. She filed additional affidavit of NM t.o.r. and List of documents Exh.8 t.o.r. Heard both the sides. The…

    Read Full Order

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