Mr. Abbas Ali Mohammed Kallu ShahVsMCGM +1 more

Date: 09-08-2019
Business: Wrongly on board.
Already matter is adjd. to 18.09.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Ravindra Singh for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 1 present.
Adv. Subhedar for deft no. 2 MMRDA present
Original registered N/M No. 3171/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Adv for Defendant nos. 1 and 2 seek adjournment for filing reply and WS. Granted as a last chance.
Matter is adjd. to 8.11.2019 for  reply and WS by Defendants
Next Purpose: REPLY
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: CA of plaintiff present.
Adv. Divate for Defendant no.1 present.
Adv. Subhedar for defendant no.2 present.
Court is busy in passing order and preceipe matters, hence matter is adjd. to 07.02.2020 for N/M reply.
Next Purpose: REPLY
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Ravindra Singh for plaintiff is present.
Adv. Chandramore for defendant no.  1 is present.
By consent matter is adjd.  for  N/M reply to 20/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv Ravindra Singh present for the plaintiff
Adv Shubhra present for the defendant.
Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o 30.03.2021
Matter is adjd. to 30.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 23/06/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv. Mr. Ravindra Singh for the plaintiff present.
Adv. Subhedar for defendant No.2 present.
Advocate for the plaintiff tendered registered N/M No.632/2021 along with affidavit in support. t.o.r.
On perusal of record both defendant are appears on record on 24/07/2019, but till today have not filed reply. Therefore, suit to proceed without reply to defendants.
Matter is adjd. to 01/09/2021 for NM No.3171/19 and NM 632/2021  hearing/reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 02.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None present for the plaintiff.
Adv Subhedar for defendant no.2/ MMRDA present.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 21.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv. Subhedar for MMRDA present.
Adv. Chandramore for BMC present.
None present for plaintiff.
Matter is adjd. to 21-07-2022 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Plaintiff present.
Adv.Chandramore for defendant no. 1/BMC present.
Matter is adjd. to 05.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for plaintiff.
Adv.Chandramore for defendant/BMC present.
Perusing record it appears that, Plaintiff not present for hearing of the NM No. 3171/19 and NM No. 632/21.
It appears that, after giving sufficient opportunities plaintiff remain absent for hearings, Hence both the NM kept for dismissal order.
Matter is adjd. to 14.09.2022 for NM Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
Matter is adjd. to 04.11.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: As Court is busy in dictating order in NM no. 2655/22 in suit no. 331/22. Hence, board is discharged.
Matter is adjourned to 01.02.2023 for Notice of Motion Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Plaintiff and his Adv. Ravindra Singh present.
Adv. Subhedar for Deft.no. 2/MMRDA present.
Heard Ld. advocate of Plaintiff on both Notice of Motions.
Adv. Subhedar for Deft.no. 2/MMRDA submitted that deft.no. 2 have no any concern with dispute and pray for the name of Deft.no. 2/MMRAD.
Matter is adjourned to 09.02.2023 for Hearing of Notice of Motion of BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Chandramore for defendant no.1/BMC present.
KB for hearing.
Heard Ld. advocate for Defendant No. 1/BMC on both Notice of Motions.
Matter is adjourned to 24.02.2023 for both the Notice of Motions Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Giri for BMC/Defendant present.
KB for order.
F.R.S.R. the following order is passed in Notice of Motion
No. 632/2021.
ORDER
1.     Notice of Motion No. 632 of 2021 is dismissed with costs.
2.     Notice of Motion No. 632 of 2021 stands disposed of
        accordingly.
F.R.S.R. the following order is passed in Notice of Motion No. 3171/19.
ORDER
1.     Notice of Motion No. 3171 of 2019 is made absolute.
2.     The defendants be restrained by an order and injunction not
        to vacate or demolish the suit premises without following due
        process of law.
3.     The defendants are further directed not to remove or demolish
        the structure by vacating the plaintiff from the suit premises
        without following due process of law.
4.     Notice of Motion No. 3171 of 2019 stands disposed of
        accordingly.
Matter is adjourned to 13.04.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 12.07.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. 1/BMC is present.
Defendant Nos. 1 and 2 failed to file WS within stipulated time. Hence, no WS Order is passed against defendant Nos. 1 and 2.
Matter is adjourned to 13.09.2023 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for the plaintiff.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Matter is adjourned to 11.12.2023 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: CA of plaintiff is present.
Adv. Mr. Ravindra Singh  for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. /BMC is present.
Adv. for the plaintiff seeks time to file affidavit of evidence. Time is granted.
Matter is adjourned to 21.02.2024 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: None for plaintiff.
Adv. Mrs.Chandramore for defendant/BMC is present.
Matter is adjourned to 03.05.2024 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: CA of plaintiff is present.
Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Matter is adjourned to 16.07.2024 for R.E..
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: As Court is on leave today, hence board is discharged and matter adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Adv. Ravindra Singh present for plaintiff and sought adjournment..
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 19-9-24 to RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: CA of plaintiff Mr. Ravindra Singh present for plaintiff and sought adjournment..
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 29/01/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: Adv. Ravindra Singh present for plaintiff and sought adjournment to file evidence. O- Time granted as last chance.
Adv. Swapnil  Bharati h/f Adv. Rahul Rathod present for defendant/BMC.
Plaintiff is directed to lead evidence on the next date without fail. Otherwise matter will be proceed further.
Matter is adjourned for filing evidence/RE/necessary order to 15/04/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: Adv. Ravindra Singh present for plaintiff and sought adjournment to file evidence. O- Time granted as last chance..
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned for filing evidence/dismissal order to 23/06/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: CA of plaintiff present
Adv. Ravindra Singh for plaintiff present and sought adjournment.
O- Time granted.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 22/08/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv. Ravindra Singh present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 09/10/25 for RE. (Morning session)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Adv. Amit Upadhyay h/f Adv. Ravindra Singh present for plaintiff.
Adv. Shital Waghmare h/f Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 18.11.2025 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
As plaintiff and his advocate are absent, Matter is adjourned to 29.01.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Exh.1- Plaint
Exh.2- Vakalatnama
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Ravindra Singh present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
KB LO at 12.15pm
Adv. Ravindra Singh for plaintiff filed application for adjournment. TOR and marked as Exh.5. O-Short time granted as last chance.
Matter is adjourned to 24.02.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Plaintiff present.
Adv. Rahul Rathod for defendant/BMC present.
KB LO at 11.52am
Adv. Ravindra Singh for Plaintiff present and filed application for adjournment. TOR and marked as Exh.6. O-Adjournment granted subject to cost of Rs.500/- to be deposited in Court as last application was granted as last chance.
Matter is adjourned to 25.03.2026 for payment of cost and evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi h/f Adv. Rahul Rathod for defendant/BMC present.
Plaintiff and his advocate absent. Last application for adjournment was granted by imposing cost on 24.02.2026. Thereafter on 25.03.2026 and 22.04.2026 due to leave of PO board was discharged but today considering the absence of plaintiff, keep the matter for further order.
Matter is adjourned to 04.08.2026 for further order.
Next Purpose: ORDER
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: As the Court is on leave (Morning session). Hence, Board is discharged and matter stands adjourned.
Next Purpose: ORDER
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: None present for plaintiff.
Adv. Pooja Nagarthawar for defendant/BMC present.
Today the plaintiff and his advocate absent. Advocate for defendant/BMC present. No application for adjournment is filed on record. On 24.02.2026 by imposing cost on plaintiff, adjournment was granted as last chance but thereafter the plaintiff failed to lead evidence and remained absent. Hence, it shows that plaintiff is not interested to proceed with the matter. Therefore Suit stands dismissed for want of prosecution.
(S. M. PATIL) Judge, City Civil Court, Gr. Bombay.
LO at 1.15pm
Plaintiff present.
Adv. Neha Pandey for Plaintiff present and filed application for setting-aside order of dismissal dated 24.08.2026. TOR and marked as Exh.7. O-Advocate to argue. She also filed affidavit in support of application. TOR. O-Seen.
Order below Exh.7
Heard Advocate for plaintiff as well as Advocate for defendant no.1. Perused roznama dated 24.02.2026 on which application for adjournment at Exh.6 was granted by imposing cost on the plaintiff. Thereafter, due to absence of PO board was discharged on 25.03.2026 and 22.04.2026. Thereafter on 29.06.2026 considering the absence of plaintiff, matter was kept for further order on 04.08.2026 but on 04.08.2026 in morning session, due to absence of PO board was discharged. In the above circumstances, Advocate for plaintiff submitted that on 04.08.2026, plaintiff was ready with the evidence. The Sheristedar of this Court also informed that on 04.08.2026 the plaintiff was ready with evidence as well as the documents in support hence, as today present suit is dismissed due to absence of plaintiff and his advocate, by way of filing present application as well as supporting affidavit plaintiff is praying for restoration of same to which the Advocate for defendant no.1 opposed. But in view of above, considering the roznama dated 24.02.2026 as well as 29.06.2026 and absence of the plaintiff alongwith advocate when the matter was called, present application is allowed subject to cost of Rs.1,000/- (Rupees One Thousand Only) to be deposited in Court on today itself. On deposit of amount of costs, suit be restored and be kept for leading evidence.
LO at 4.42pm
Plaintiff has deposited the amount of cost in the Court thereby, suit is restored to its original file.
Advocate for plaintiff alongwith Power of Attorney holder of the plaintiff present. Power of Attorney holder has filed evidence affidavit of PW-1, Mr. Mohammed Kallu Ibrahim Shah. TOR and marked as Exh.8. O-Read and recorded. He also filed documents alongwith list t.o.r. marked as Exh.9. O-Other side to say.
Matter is adjourned to 11.09.2026 for admission or denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Adv. Ravindra Singh present for plaintiff
Adv. Pooja Nagarthawar present for defendant/BMC and submitted that no copy of document is supplied by the plaintiff. Hence, plaintiff is directed to supply the copy of documents to defendants.
Adv. for defendant/BMC has filed reply on the backleaf.
Matter is adjourned to 07.10.2026 for Hearing on document.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-10-2026

NOTICE OF MOTION/100632/2021
NOTICE OF MOTION/103171/2019

Registration Number: 102085/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 106978/2019
Filing Date: 26-06-2019
First Hearing Date: 09th August 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE