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NOTICE OF MOTION

Mohan Ravidutt Sharma +1 moreVsMCGM

CNR MHCC01006356201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th April 2022

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101940/2018
Registration Date
17 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 04-06-2018
    Business: Adv S Rameshan h/f adv Neha Gawade for plff present.
    Adv Hajare for def/BMC present.
    Adv for the plff filed original NM no.1940/18 alongwith affidavit t.o.r. and
    Filed affidavit of service t.o.r.
    KB
    LO at 5.05 pm
    Mr. S R Mudape, Jr Engineer S-ward present.
    Adv Hajare for def/BMC filed list of documents Exh.2.
    Adjourned to 11.06.2018 for ad interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-06-2018
    
    Date: 11-06-2018
    Business: Both the Plaintiff and their adv absent.
    Adv Tondwalkar for def/BMC present.
    Adjourned to 18.06.2018  for hearing.
    
    LO at 3.50 pm
    Adv Rameshan for the plaintiff present.
    Adjourned to 18.06.2018 for hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-06-2018
    
    Date: 18-06-2018
    Business: Adv Neha Gawade for the plaintiff present.
    Adv Hajare h/f adv Tondwalkar for def/BMC present.
    KB
    LO at 4.00 pm
    Adv Neha Gawade for the plaintiff present.
    Adv Hajare h/f adv Tondwalkar for def/BMC present.
    Adjourned to 20.06.2018  for hearing in morning sessions.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-06-2018
    
    Date: 20-06-2018
    Business: Adv A S Rameshan h/f adv Neha Gawade for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    Heard both the sides.
    Directions given to the plaintiff to file permission letter from BMC.
    Adjourned to 27.06.2018  for ad interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-06-2018
    
    Date: 27-06-2018
    Business: Adv S. Rameshan for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    KB
    LO at 3.30 pm
    Adv S. Rameshan for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    The concerned officer of BMC is not present.
    Adjourned to 06.07.2018  for ad-interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-07-2018
    
    Date: 06-07-2018
    Business: Adv Bipin Joshi for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    KB
    LO
    Adv Bipin Joshi for plaintiff present and filed vakalatnama on behalf of plaintiff t.o.r.
    Adv Tondwalkar for def/BMC present.
    She filed list of document t.o.r.
    Mr. S R Mudape, Jr. Engineer, S-ward, BMC present.
    Adjourned to 09.07.2018  for hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-07-2018
    
    Date: 09-07-2018
    Business: Plaintiff and adv absent.
    Adv Tondwalkar for def/BMC present.
    Adjourned to 16.07.2018  for hearing.
    
    LO at 3.10 pm
    Adv P B Joshi h/f adv Bipin Joshi for plaintiff present and filed additional affidavit of NM t.o.r.
    Copy of additional affidavit alongwith documents served to def/BMC.
    Already adjourned to 16.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Adv P B Joshi h/f adv Bipin Joshi for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    KB
    LO at 3.25 pm
    Adv Bipin Joshi for plaintiff present.
    Adv Tondwalkar for def/BMC present.
    Heard both the sides.
    Plaintiff submits that he is ready to apply for regularisation before BMC, he will also file ch/sum for amending the plaint till then protection is granted.
    As a plaintiff is ready to apply for regularisation hence one opportunity is given to him.
    Directions given to plaintiff to apply the def for regularisation within 15 days from today with necessary documents. Defendant is at liberty to pass order on merits after considering the document of plaintiff till then ad interim in terms of prayer clause(a) is granted to plaintiff.
    Authenticated copy of roznama be supplied to the parties to the suit.
    Adjourned to 20.08.2018 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Matter adj.for Chs Reply to 28.9.18.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Advocate for Plaintiff present and filed registered Chamber Summons no.1769/18 with affidavit, t.o.r.
    Advocate Mr. Dubey for applicant present and filed Vakalatnama, t.o.r. and marked as Exh.5.  He also filed draft chamber summons along with affidavit in support. Leave granted.
    Court is busy in hearing Notice of Motions in suit no.2477/18, 275/13, 775/13, 854/13 an 1059/12, hence board is discharged and case is adjourned to 12/11/2018.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Court is busy in hearing Notice of Motion in suit No.649/17, hence board is discharged and case is adjourned to 14/01/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2019
    
    Date: 14-01-2019
    Business: Advocate Mr. Ansari for Plaintiff present.
    Advocate Mr. Dubey for applicant present and filed registered Chamber Summons No.1890/18 with affidavit in support, t.o.r.
    Advocate for BMC/Deft present and filed reply-cum-written statement Exh.6 along with list of documents Exh.7 t.o.r.
    K.B. on request of advocate for Plaintiff.
    L.O.
    Advocate Mr. Bipin Joshi for Plaintiff present.
    Earlier order to continue till next date.
    Case is adjourned to 20/02/2019 for hearing of Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Court is busy in dictating orders in Suit No. 2131/17 and Suit No. 1334/18
    Hence board is discharged and case is adjd to 03/05/2019.
    Earlier order to continue if any till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Advocate Ravindra Singh h/f adv. Saraogi for plaintiff present.
    Advocate Ms. Tondwalkar for defendant/MCGM present and sought time to file reply to Chamber Summons no. 1769/18. Time is granted.
    Adv. Mukesh Dubey for applicant present.
    Adv. Ravindra Singh is unable to inform whether the Plaintiff has applied for regularisation. He seeks time to take instructions. Adv. Ms. Tondwalkar submits that the Plaintiff has not applied for regularisation.
    The plaintiff is directed to submit on next date whether he has applied for regularisation. In absence of any positive statement, further orders regarding continuation of protection will be passed.
    Earlier order to continue till next date.
    The Case is adjd. To 01.07.2019 for Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Advocate Bipin Joshi for plaintiff present and submits that the plaintiff has applied for regularization in compliance with the order of this Court.
    Advocate Mr. Giri for defendant /MCGM present.
    Adv. S.K.Dubey for applicant present.
    Earlier order to continue till next date.
    The case is adjourned to 18.07.2019 for Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: Advocate Disa h/f adv. Bipin JOshi for plaintiff present and filed reply to Chamber Summons. TOR
    Copy served on other side.
    Advocate Ms.Mhatre for defendant/MCGM present.
    Advocate S.K.Dubey for applicant present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 30.07.2019 for Ch./s reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv. Bipin Joshi for Plaintiff present. Adv. Ms. Mhatre for Deft./BMC present. Earlier order to continue till next date. Matter adjd to 25.09.2019 for C/S reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Advocate Ansari for plaintiff present and filed rejoinder to NM. TOR.
    Advocate Giri for defendant/MCGM present.
    Advocate Mukesh Dubey for applicant present and filed rejoinder to Chamber Summons. TOR.
    Earlier order to continue till next date.
    The case is adjourned to 04.12.2019 for Chamber Summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Ms. Disa for plaintiff present.
    Adv. Mr. Giri for deft./MCGM present.
    Adv. Mr. Mukesh Dubey for applicant present.
    Both side has prayed for adjd to file reply and rejoinder.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 04.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Disa for plff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for NM reply on 17.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to CR.11)
    Adv. Mr. P.B. Joshi h/f. Adv. Mr. Bipin Joshi for plaintiff is present and tendered an application for continuation of EOC, t.o.r. and marked as Exh.8. Adv. Mrs. Mhatre for Defendant/MCGM is present. None for applicant. Heard both sides on Exh.8. Hence, I pass the following order - Order below Exh.8. Perused application, heard advocate for Plaintiff and Defendant/Corporation. The advocate for Defendant strongly opposed to continuing the earlier order. She submitted that protection was given to the Plaintiff for particular time period and till applying  for regularization. It is matter of earlier order continue till 23/03/2021 on that day no one present on behalf of Plaintiff. Therefore, protection given to the Plaintiff was not continued. The application shows that the adv for the Plaintiff was suffering from Covid-19 in that period. Therefore, none present for the Plaintiff. So considering the ground mentioned by Plaintiff, the application Exh.8  needs to be allowed.
    ORDER
    Application Exh.8 is allowed.
    Earlier order, if any, to continue till next date.
    Adjd. to 26/10/2021 for Ch/s. reply/ hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Matter pertains to C.R. No.11)
    Adv. Sakshi Agarwal for plaintiff present.
    Adv.Mr.Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  Ch/S Hrg. to 30.11.2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Mr. Doshi for Plaintiff present and filed application for
    Exh. 9 	withdrawal of suit as dismissed for want of prosecution.
    	O :- Filed.  Other side to say.
    Ch/s. 1769/18	Adv. Ms. Mhatre for Defendant/BMC present and orally requested for time to verify the position and to file the report.
    Ch/s. 1890/18	Adv. Mr. Mukesh Dubey for Applicant present and requested for supplying of copy of letter, filed with this application, issued by Asst. Engineer (B & F)- S Ward.
    NM 1940/18	Matter adj. to 15/01/2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Adv. Ms Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for ch/s hrg. reply to 22.02.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: None present for plaintiff
    Adv. Mr.Nilesh Pandey h/f Adv. S.K. Dueby for applicant is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing/Ch/s hearing to 05.04.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Mr. Bhavesh Joshi h/f Vipin Joshi for plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed list of document letter dated 20.12.2021. TOR. It is marked at Exh.10.
    O-Filed. Copy is supplied to the other side.
    None present for applicant.
    KB LO at 04.01 pm.
    Advocate for defendant endorsed say on application for withdrawal exhibit 09. Heard both the sides.
    Order below exhibit No. 09:
    Perused the application, say of the defendant and record. Heard both the sides. The plaintiffs do not want to proceed further with the suit, he is permitted to withdraw the suit unconditionally.
    Order below Exhibit No. 01:
    In view of the Order on the application for withdrawal exhibit 09, the suit is disposed off as withdrawn unconditionally. In the result,  Ch/s Nos. 1890/18, filed the applicant – Mr. Sahil Bablani S/o K.L. Bablani, Ch/s No. 1769/18, and NM No. 1490/2018 both filed by the plaintiffs, stand disposed off as filed. The plaintiffs to bear costs of litigation. Bill of costs be drawn-up accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106945/2018
    Filing Date: 17-05-2018
    First Hearing Date: 04th June 2018
    Decision Date: 05th April 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    05 Apr 2022
    Order Details: Notice of Motion
    Pdf Text: 05.04.2022
    Sr. No. 52
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1131/18
    C/S 1890/18
    C/S 1769/18
    NM 1940/18
    Exh. 10
    Adv. Mr. Bhavesh Joshi h/f Vipin Joshi for plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed list
    of document letter dated 20.12.2021. TOR. It is marked at Exh.10.
    OFiled. Copy is supplied to the other side.
    None present for applicant.
    KB LO at 04.01 pm.
    Advocate for defendant endorsed say on application for withdrawal
    exhibit 09. Heard both the sides.
    Order below exhibit No. 09:
    Perused the application, say of the defendant and record. Heard
    both the sides. The plaintiffs do not want to proceed further with
    the suit, he is permitted to withdraw the suit unconditionally.
    Order below Exhibit No. 01:
    In view of the Order on the application for withdrawal exhibit 09,
    the suit is disposed off as withdrawn unconditionally. In the result,
    Ch/s Nos. 1890/18, filed the applicant – Mr. Sahil Bablani S/o K.L.
    Bablani, Ch/s No. 1769/18, and NM No. 1490/2018 both filed by
    the plaintiffs, stand disposed off as filed. The plaintiffs to bear costs
    of litigation. Bill of costs be drawnup accordingly.
    Judge
    -- 1 of 1 --
    Order 1
    05 Apr 2022
    Order Details: Notice of Motion
    Pdf Text: 05.04.2022
    Sr. No. 52
    CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
    SU 1131/18
    C/S 1890/18
    C/S 1769/18
    NM 1940/18
    Exh. 10
    Adv. Mr. Bhavesh Joshi h/f Vipin Joshi for plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed list
    of document letter dated 20.12.2021. TOR. It is marked at Exh.10.
    OFiled. Copy is supplied to the other side.
    None present for applicant.
    KB LO at 04.01 pm.
    Advocate for defendant endorsed say on application for withdrawal
    exhibit 09. Heard both the sides.
    Order below exhibit No. 09:
    Perused the application, say of the defendant and record. Heard
    both the sides. The plaintiffs do not want to proceed further with
    the suit, he is permitted to withdraw the suit unconditionally.
    Order below Exhibit No. 01:
    In view of the Order on the application for withdrawal exhibit 09,
    the suit is disposed off as withdrawn unconditionally. In the result,
    Ch/s Nos. 1890/18, filed the applicant – Mr. Sahil Bablani S/o K.L.
    Bablani, Ch/s No. 1769/18, and NM No. 1490/2018 both filed by
    the plaintiffs, stand disposed off as filed. The plaintiffs to bear costs
    of litigation. Bill of costs be drawnup accordingly.
    Judge
    -- 1 of 1 --

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