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NOTICE OF MOTION

Akramal Najibul Sarkar - Suit No-1316 of 2018VsMCGM

CNR MHCC0100637820185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th June 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101917/2018
Registration Date
15 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-08-2018
    
    Date: 19-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-10-2018
    
    Date: 21-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-10-2018
    
    Date: 28-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-11-2018
    
    Date: 11-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-11-2018
    
    Date: 25-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-12-2018
    
    Date: 09-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-12-2018
    
    Date: 22-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-01-2019
    
    Date: 06-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-01-2019
    
    Date: 13-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-01-2019
    
    Date: 20-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-01-2019
    
    Date: 27-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-02-2019
    
    Date: 10-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-02-2019
    
    Date: 24-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-03-2019
    
    Date: 10-03-2019
    Business: wrongly shown. matter adj.to 12.3.19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Adv.Ravindra Singh for plaintiff present.
    Adv.Rawade for defendant no. /MCGM present.
    The Ld Adv for the MCGM seeks time to file reply. Time granted.
    Earlier order if any to continue till the next date.
    Matter adjd. to 28.3.19 for Chs. Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Adv.Mr.Yadav for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.04.2019 for Ch/s reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Matter adjd to 30.04.19 for Chs Order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv.Mr.Jayesh Yadav for plaintiff present. Adv.Smt.Rawade for defendant/MCGM present. F.R.S.R. the following order is passed ORDER 1. Chamber Summons No.477/2019 is allowed. 2. The plaintiff to carry out the amendment in the plaint. Earlier order if any to continue till the next date. Matter adjd to 20.06.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: As Court is busy in dictating orders in Notice of Motion, and hearing precipee matters, hence, board  is discharged.
    Matter adjd to 16.07.2019 for CS reply.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. J.S. Yadav for plaintiff Present.
    Adv. Rawade for MCGM present.
    Earlier order to continue till the next date.
    Adjd to 30/07/2019 for Ch. Summons
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv.Mr.J.S.Yadav for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed NM No.2819/2019 a/w. Affidavit t.o.r.
    Adv.of BMC filed reply to NM No.2819/19 a/w. List of documents t.o.r.
    Matter adjd to 01.08.2019 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv.Mr.B.P.Shukla for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed affidavit-in-Rejoinder t.o.r.
    Copy served on today.
    Earlier order if any to continue till the next date.
    Matter adjd to 08.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Adv.J.S.Yadav for plaintiff present.
    Adv.Meena Dhuri for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    As Court is busy in dictating judgment in SC 774/2013, hence, board discharged.
    Matter adjd to 22.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv.J.S.Yadav for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Ld.Adv.for the defendant objects for adjournment.
    Matter adjd to 03.09.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Plaintiff and Adv. Mr. Shukla present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 21/09/2019 for say on both ch/s.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Plaintiff and Adv. Mr. Yadav present.
    Adv. Mrs. Rawade  for defendant/MCGM present and
    seeking time for filling reply. Granted time.
    Earlier order if any to continue till the next date.
    Matter adjd to 01/10/2019 for reply on both ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Plaintiff absent and Adv. Mr. B. P. Shukla present. Adv. Mrs. Rawade for defendant/MCGM present. Heard both sides. Matter adjd to 03/10/2019 for order on ch/s.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Plaintiff and Adv.  present.
    Adv. Mrs.Dhuri/Rawade for defendant/MCGM present.
    F. R. S. R. following order is passed on Chamber Summons no.862/2018.
                                        O R D E R
    1) The chamber summons no.862/2018 is allowed.
    2) The plaintiff to carry out the amendment in the plaintiff within 14 days from the date of order.
    3) The chamber summons stands disposed off accordingly.
    F. R. S. R. following order is passed on Chamber Summons no.1093/2018.
                                        O R D E R
    1) The chamber summons no.1093/2018 is allowed.
    2) The plaintiff to carry out the amendment in the plaintiff within 14 days from the date of order.
    3) The chamber summons stands disposed off accordingly.
    Matter adjd to 07/11/2019 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff absent and Adv. Mr. Yadav present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 16/11/2019 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
    Matter adjd to 21/12/2019 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Adv. J. S. Yadav for the Plaintiff present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 30.01.2020 for For taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for the defendant  MCGM  present  seeks time. Order -Granted time.
    Matter is adjd to 07/03/2020 for W/st.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: As Court is busy in framing issues, passing orders and misc. work hence, matter is adjd to 11/06/2020 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff.
    Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
    Matter adjourned for W/s. to 08/01/2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar/Suryawanshi present for MCGM/defendant.
    Matter adjourned for WS to 05.02.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv S. K. Shah present for plaintiff
    Adv  Soran present for defendant/BMC
    Matter adjourned to 18/03/2021 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None present for plaintiff.
    Adv. Rawade present for MCGM/defendant and treated reply as WS at Exh.8.
    Issues framed at Exh.9.
    Matter adjourned for RE to 06.05.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: As presiding Officer is on leave, hence board is discharged so matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: As presiding officer is on leave, hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Presiding officer is on leave, hence matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present for plaintiff.
    Adv. Sutar present  for MCGM/defendant.
    It appears that, since long matter is kept for evidence of plaintiff. However, plaintiff failed to adduce evidence till date.
    As the plaintiff and his advocate are absent.
    Matter adjourned for dismissal order to. 10/02/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    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.
    Matter is adjd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: The court is busy in Judgment SC No. 381/2020 and order dictating in Su. No.hence, for want of time following board discharged.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: As court is busy.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: As court is busy in hearing in urgent matter i.e. Suit No. 3045 of 2013 and order dictating. Hence want of time board is discharged.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: As Court is busy in urgent hearing of High Court Time Bound Matter i.e. Suit No. 116 of 2012. Hence want of time board is discharged.
    Matter is adjd for dismissal on 04-02-2023
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Main suit on dt.21.02.2023
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: As court is on leave. Hence matter adjourned.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv Yadav h/f Adv B .P. Shukla for Plaintiff present.
    Adv Seena Rawade for defendant /MCGM  present.
    On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
    Matter is adjd for dismissal  on 20-06-2023
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: None for Plaintiff.
    Adv. Mrs. Rawade for MCGM present.
    It appears from the record that by an order dtd. 30.06.2022, it was directed to the plaintiff to appear on next date on the ground that matter is very old and motions are required to be decided expeditiously.  However, thereafter, several chance are granted  by keeping the matter time to time for passing dismissal order.  however, no body stand up for an on behalf of plaintiff.  It reveals that the plaintiff is not interested to proceed with the matter, therefore, inspite the NM No. 1917/18 was taken out/registered in May 2018, no steps are taken to proceed with the same.  Hence, NM No. 1917/2018 stands dismissed in default.
    Matter be kept for dismissal of contempt NM No. 2773/19.
    Matter is adjd to 03.08.2023 for dismissal of NM NO. 2773/19.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106903/2018
    Filing Date: 15-05-2018
    First Hearing Date: 05th June 2018
    Decision Date: 20th June 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    20 Jun 2023
    Order Details: Other
    Pdf Text: 20.06.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SR.NO. (6)
    SU.1316/18
    None for Plaintiff.
    Adv. Mrs. Rawade for MCGM present.
    It appears from the record that by an order dtd. 30.06.2022, it was
    directed to the plaintiff to appear on next date on the ground that
    matter is very old and motions are required to be decided expeditiously.
    However, thereafter, several chance are granted by keeping the matter
    time to time for passing dismissal order. however, no body stand up for
    an on behalf of plaintiff. It reveals that the plaintiff is not interested to
    proceed with the matter, therefore, inspite the NM No. 1917/18 was
    taken out/registered in May 2018, no steps are taken to proceed with
    the same. Hence, NM No. 1917/2018 stands dismissed in default.
    Matter be kept for dismissal of contempt NM No. 2773/19.
    Matter is adjd to 03.08.2023 for dismissal of NM NO. 2773/19.
    Judge
    -- 1 of 1 --
    Order 1
    20 Jun 2023
    Order Details: Other
    Pdf Text: 20.06.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
    SR.NO. (6)
    SU.1316/18
    None for Plaintiff.
    Adv. Mrs. Rawade for MCGM present.
    It appears from the record that by an order dtd. 30.06.2022, it was
    directed to the plaintiff to appear on next date on the ground that
    matter is very old and motions are required to be decided expeditiously.
    However, thereafter, several chance are granted by keeping the matter
    time to time for passing dismissal order. however, no body stand up for
    an on behalf of plaintiff. It reveals that the plaintiff is not interested to
    proceed with the matter, therefore, inspite the NM No. 1917/18 was
    taken out/registered in May 2018, no steps are taken to proceed with
    the same. Hence, NM No. 1917/2018 stands dismissed in default.
    Matter be kept for dismissal of contempt NM No. 2773/19.
    Matter is adjd to 03.08.2023 for dismissal of NM NO. 2773/19.
    Judge
    -- 1 of 1 --

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