SUIT - SHORT CAUSE CIVIL SUIT
Mr. Javed Ismail KachraVsMCGM
CNR MHCC01006608201811-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 101318/2018
- Registration Date
- 04 Jun 2018
- Next Hearing Date
- 30 Sept 2026
- Case Stage
- RECORDING EVIDENCE
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Hindu Marriage Act · Sec 35 · 36
Case History / Proceedings
Case History
Date: 05-06-2018
Business: By precipe
Adv S K Dubey for plaintiff present.
Adv Khandagale for def/BMC present.
Vakalatnama of adv Khandagale for the defendant Exh.2.
Draft NM alongwith affidavit in support taken out by the plaintiff restraining the defendant temporarily from demolishing the suit structure. t.o.r.
Leave granted to register.
Heard.
Perused document, notice issued and order passed.
The plaintiff purchased the said premises from Vimla Vijay Gupta in the year 2016 and Vimla Vijay Gupta had acquired the suit premises from Indirabai Sitaram Joshi.
Ad interim granted till next date as BMC not filed reply.
From the document at pg no.82 of the plaint it is revealed that tax assessment of suit premises by the defendant is from 31.03.1962.
Inspite of issuing the notice to defendant of filing the suit they failed to file reply and considering that the suit structure is in existence prior to 17.04.1964. Ad interim relief granted till filing the reply of the defendant. The defendant is hereby temporarily restrained from demolishing the notice structure pursuance to notice dtd 01.11.2017.
Authenticated copy of roznama be supplied to the parties to the suit.
Adjourned to 03.07.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Do to heavy rain Advocate and Staff is absent Hence Board is
Discharge and Suit is Adjourned to 01/10/2018 for N.M. Reply. Earlier order to continue till next date. Advocate Mukesh Dubey for Plaintiff Present and file Original N/M no. 2288/2018 along with affidavit tor and file writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate for BMC/Deft present.
Advocate for applicant present and filed vakalatnama. She also filed draft chamber summons along with affidavit in support. Leave granted to register Chamber Summons.
Earlier order to continue till next date.
Case is adjourned to 31/10/2018 for reply/registered CHS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Advocate Mr. Patil for Plaintiff present and filed Vakalatnama t.o.r. He also filed draft chamber summons and contempt Notice of Motion along with affidavits in support. Leave granted. Plaintiff is directed to serve copies of Chamber Summons and contempt Notice of Motion to other side.
Advocate Ms. Harshada Kamble for applicant present and filed registered CH/s no.1860/18 with affidavit in support t.o.r.
Advocate for BMC/Deft present.
Case is adjourned to 11/12/2018 for reply/registered Chamber Summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Advocate Mr. R. K. Patil for plaintiff present and filed registered contempt Notice of Motion No.4270/18 with affidavit, t.o.r. He also filed registered Chamber Summons no.2057/18 with affidavit in support, t.o.r. Learned advocate for Plaintiff also filed reply to Chamber Summons no.1860/18, t.o.r.
Advocate Ms. Harshada Kamble for applicant present.
Advocate for defendant/BMC present and sought time to file reply to NM taken out by Plaintiff.
Case is adjourned to 11/01/2019 for reply/hearing of Chamber Summons and Notice of Motion.
Next Purpose: C/S HEARING
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv. Ms. Pratibha h/f Adv. Ramdas Hakepatil @ Plaintiff present.
Advocate Mr. Sagar Kamble for applicant present.
Advocate for BMC/Deft present.
Heard arguments.
F.R.S.R. following order has passed -
ORDER
Chamber Summons No.1860/2018 stands disposed off/ dismissed.
Learned advocate for Defendant/BMC sought time to file reply to Chamber Summons no.2057/18 which is filed for bringing subsequent development on record. Granted.
Earlier order to continue till next date.
Case is adjourned to 25/01/2019 for reply to Chamber Summons no.2057/18
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Advocate Mr. Hake Patil for Plaintiff present.
Advocate Ms. Rupam Ghosh for BMC/Deft present and submitted that, after seeking instructions from BMC officers she will file reply, however this Chamber Summons is pending since 01/12/2018, hence adjmt granted as a last chance for filing Chamber Summons reply.
Earlier order to continue till next date.
Case is adjourned to 07/02/2019 for reply to Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Advocate Ms. Pratibha for Plaintiff present
Advocate Ms. Ghosh for BMC/Deft present and filed reply to NM t.o.r. She also filed list of documents Exh.5 t.o.r. Learned advocate for Plaintiff submitted that, on next date Plaintiff will file rejoinder to NM reply.
Earlier order to continue till next date.
Case is adjourned to 14/02/2019 for NM rejoinder and Chamber Summons reply.
Next Purpose: C/S HEARING
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Advocate Ms. Hake Patil for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Chamber Summons. Granted.
Earlier order to continue till next date.
Case is adjourned to 22/02/2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Advocate Ms. Hake Patil for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Chamber Summons. Adjourned.
Earlier order to continue till next date.
Case is adjourned to 02/03/2019 for Chamber Summons hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and filed reply to Chamber Summons, t.o.r.
Case is adjourned to 12/03/2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-03-2019
Date: 02-03-2019
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and filed reply to Chamber Summons, t.o.r.
Case is adjourned to 12/03/2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Advocate Mr. Hake Patil for Plaintiff present.
Advocate Ms. Ghosh for BMC/Deft present and submitted that, on next date she will file reply of NM however she has already filed reply of Chamber Summons. Learned advocate for Plaintiff submitted that, today itself he has received copy of reply of Chs and on next date he will argue Chamber Summons. Adjourned.
Earlier order to continue till next date.
Case is adjourned to 20/03/2019 for NM reply and Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Advocate Mr. Prashant Raut h/f Adv. Hake Patil for Plaintiff present and submitted that, rejoinder to reply will be filed on next date.
Advocate Ms. Ghosh for BMC/Deft present and filed reply to NM No.2288/18 and list of documents Exh.6 t.o.r. Copy served to advocate for Plaintiff.
Earlier order to continue till next date.
Case is adjourned to 27/03/2019 for NM and Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Court is busy in dictating Judgment in suit no.920/2010 and court has to dictate Chamber Summons order in suit no.1445/17, hence case is adjourned to 10/04/2019.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Advocate Ms. Hake Patil for Plaintiff present.
Advocate Smt. Ghosh for BMC/Deft present.
Heard advocates for both the parties on ch/s.
Earlier order to continue till next date.
Case is adjourned to 18.04.2019 for Chamber Summons order.
Next Purpose: ORDER
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Plaintiff present and his advocate absent.
Advocate Ms. Hajare for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 20.04.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Plaintiff present and his advocate is absent.
Advocate Ms.Tondawlakar h/f adv. Hajare for defendant/MCGM present.
FRSR following order is passed
ORDER
1. Chamber Summons no. 2057/18 is made absolute in terms of prayer clause (a).
2. Plaintiff shall carry out the amendment in the plaint at the earliest and within two weeks from today.
3. Plaintiff to serve the copy of amended plaint to the defendant and shall provide copy of amended plaint to the Court.
4. The Chamber Summons to the extent of prayer clause (b) is disposed off as not prays.
5. The Chamber Summons to the extent of prayer clause (c) is disposed off as not maintainable with liberty to plaintiff to take out appropriate proceedings for said relief.
6. Costs in cause.
Earlier order to continue till next date.
The case is adjourned to 15.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: By praecipe
Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Since it is pointed out that the amendment is already carried out the praecipe is disposed off.
Already the case is adjourned to 15.06.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: None for Plaintiff.
Advocate Ms. Mhatre for defendant /MCGM present.
Plaintiff has carried out amendment. However has not submitted copy of amended plaint as directed.
Earlier order to continue till next date.
The case is adjd. to 03.08.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: By praecipe
Advocate Kudalkar for plaintiff present filed vakalatnama Exh. 7 and also tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion made returnable on 26.06.2019.
Advocate Ms. Mhatre for defendant /MCGM present and undertakes to file reply on next date. She also undertakes to serve the reply on plaintiff well in advance.
The case is adjourned to 26.06.2019 for NM reply/ hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Advocate Kudalkar for plaintiff present filed original Notice of Motion No.2318/19 along with affidavit in support of Notice of Motion. T.O.R.
Adv. Ghosh for BMC Counsel present.
Earlier order to continue till next date.
The case is adjourned to 02.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged.
Earlier order, if any, is continued till next date.
The case is adjourned to 20.08.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: By praecipe
Advocate Kudalkar for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
With consent, the case is preponed to 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 12.07.2019 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
KB
LO
Advocate Kudalkar for plaintiff present.
Adv. Ms. Ghosh for MCGM present and filed reply on NM. TOR.
Copy of NM reply given to advocate Kudalkar.
Earlier order to continue till next date.
The case is adjourned to 18.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
KB
LO at 4.00 pm,
Advocate Kudalkar for plaintiff present.
Adv. Ms. Ghosh BMC Counsel present.
Heard advocates for both parties.
Earlier order to continue till next date.
The case is adjourned to 25.07.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Steno is not available.
Earlier order to continue till next date.
The case is adjourned to 14.08.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Advocate Ms. Pawar h/f adv. Kudalkar for plaintiff present.
Advocate Giri for defendant/MCGM present.
As Court is busy in hearing Chamber Summons in Suit no. 1650/17 and ad-interim hearing in suit no. 1961/19 and dictating Ch/s order in Suit no. 660/19 also in hearing other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 22.08.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13,also in ad-interim hearing and dictating order in suit no.2284/19 and in other matters on board. The case is adjourned.
The case is adjourned to 28.08.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: NOB TOB
Advocate Kudalkar for plaintiff present and filed compilation of document TOR and marked as Exh. 8
Advocate Mr. Giri for defendant /MCGM present.
The case is adjourned to 28.08.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Ghosh for defendant/MCGM present and sought time to take instructions about the photograph produced by the plaintiff. Time is granted.
The case is adjourned to 29.08.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Ghosh BMC Counsel present and, on instructions, submitted that the photograph tendered by the plaintiff is of old premises.
Earlier order to continue till next date.
The case is adjourned to 04.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: As Court is busy in dictating Judgment in suit no. 3206/09 and also in hearing arguments in suit no. 4994/12. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 07.09.2019 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 13.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Order on NM no. 2318/19 is partly dictated.
Earlier order to continue till next date.
The case is adjourned to 16.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Ghosh for defendant /MCGM present.
F.R.S.R. following order is passed in Notice of Motion No. 2318/19
ORDER
1. The plaintiff is allowed to repair the slab/roof of the ground floor structure under the supervision of Licence Architect.
2. Defendant Corporation is at liberty to inspect the activity of such repairs.
3. In case the defendant finds that the liberty given by this Court is being misused by the plaintiff, the defendant is allowed to move this Court but it shall not take action on its own without giving 24 hours notice to the plaintiff.
4. Notice of Motion No.2318/19 is disposed of.
5. Costs in cause.
Earlier order to continue till next date.
The case is adjourned to 30.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Advocate Jain h/f adv. Kudalkar for plaintiff present and sought time on the ground that his senior has gone to native place for personal reason. Time is granted.
Advocate Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 15.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Mr. Darshan Jain h/f Kudalkar for plff. Present.
Adv. Ms. Ghosh for deft/MCGM present
Due to paucity of time, it is adjd.
Matter is adjd. for NM hearing on 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv.Mr. Kudalkar for Plaintiff present.
Adv. Ms.Ghosh for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd.for NM hearing on 07.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Mr. Darshan Jain h/f adv. Kudalkar for plff present.
Adv. Mrs. Ghosh for deft./MCGM present.
Not possible to reach.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv. Ms. Vaibhavi Pawar h/f adv. Kudalkar for plff., prayed for adjd as client is not present due to \''Corona restriction\''.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 24.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Mr. Kudalkar for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 22.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Mr. Darshan Jain for plaintiff present and requested for short adjournment.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 16.04.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday. Hence, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Due to covid-19 matter adjourned to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Darshan Jain for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 20.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
APP Ghosh for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 06.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 31.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
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.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 11.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Mr. Darshan Jain for plaintiff is present and filed application for adjournment. It is marked at Exh. 09.
O- Considering the grounds, adjourned strictly as a last chance.
Adv. Ms. Rupam Ghosah Counsel for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 17.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Matter pertains to C.R.NO. 11.
Adv. Pathak is present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 19.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Mr. Viraj Singh h/f Adv. Kudalkar for the plaintiff is present and orally requested time for NM hearing. Time is granted.
Adv. Mr. Khandagale h/f Adv. Ghosh for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 14.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Ms. Apurva h/f adv. Kudalkar for the plaintiff is present and orally requested for time to argue NM. Granted as a last chance.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 09.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022
Date: 14-10-2022
Business: Adv. Ms. Apurva h/f adv. Kudalkar for the plaintiff is present and orally requested for time to argue NM. Granted as a last chance.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 09.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Mr. Kudalkar for the plaintiff is present. He not pressed NM No. 2288/2018 and hence, the same is disposed of as not pressed. The plaintiff is called upon to argue on maintainability of Contempt NM No. 4270/2018 along-with the suit.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for filing hearing on Maintainability of Contempt NM to 08.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Adv. Mr. Suraj Kudalkar for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Heard both the sides on maintainability of Contempt NM
No. 4270/2018.
The following Order is passed on Contempt NM No. 4270/2018:
Having considered their submissions, it is to be noted that NM No. 4270/2018 is filed under Order XXXIX Rule 2-A of the C.P.C., 1908, to initiate contempt action against the concerned Officer of the defendant for committing willful breach of this Courts Order dtd. 05.06.2018 on NM No. 2288/2018 and to send him behind the bars and for the other ancillary reliefs. As such, trying of this NM, along-with the suit, would certainly delay the trial, specially when the set of evidence, which might be led in this contempt would be for different set of reliefs nothing to do with the suit. Consequently, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding. Therefore, without recording any finding on merits, the Contempt NM No. 4270/2018 stands disposed of as not triable, along-with the suit. However, the plaintiff is placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if he so desires, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
Adjourned for WS to 03.05.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: Adv. Mr. Suraj Kudalkar for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file WS. Time is granted.
Adjourned for WS to 07.08.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv. Mr. Pathak h/f Adv. Kudalkar for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Time is granted lastly.
Adjourned for WS to 25.09.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. Pathak h/f Adv. Kudalkar for the plaintiff is present.
Adv. Ms. Rupam Ghosh a/w Adv. Mr. Giri for defendant/MCGM is present and requested time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for No WS Order.
Adjourned for No WS Order to 10.11.2023.
Next Purpose: ORDER
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Adv. Mr. Pathak h/f Adv. Kudalkar for the plaintiff is present.
Adv. Mr. G.O. Giri h/f Adv. Mrs. Ghosh for defendant/MCGM is present and requested time to file WS. Sufficient time is already granted. Hence, this request is discarded.
Later on 11.54 a.m.
The appearance is as above.
Adv. Mrs. Ghosh for defendant/MCGM is present. On her request, the caption is changed. She filed reply-cum-WS. Taken on record. It is marked as Exhibit 10. O- Filed. Copy is supplied to the other side.
Adjourned for draft issues to 22.12.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 16.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 19.04.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Adjourned for draft issues to 31.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: None present for the plaintiff.
Adv. Mr. V.G. Shinde for defendant/MCGM is present.
Adjourned for draft issues to 11.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: None present for the plaintiff. Adv. Mrs. Rupal Ghosh a/w Adv. Mr. Yadav h/f Adv. Mr. Botlawar for defendant/MCGM is present and filed draft issues. Taken on record. It is marked as Exhibit 11.
O- Filed.
Adjourned for draft issues to 08.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Court is on leave. Hence, adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Adv. Ms. Shaikh h/f Adv. Mr. Kudalkar for the plaintiff is present and sought time to file draft issues. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for draft issues to 12.09.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present.
Issues are framed at Exhibit 11.
Adjourned for filing documents on affidavit to 27.10.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-10-2025
Date: 27-10-2025
Business: Adv. Mr. Kudalkar for the plaintiff is present and sought time to file evidence and documents. Time is granted. Adv. Mr. V.G. Shinde for defendant/BMC is present.
Adjourned for filing evidence and documents to 07.01.2026.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: Adv. Mr. Darshan Jain for the plaintiff is present and seeks time to adduce evidence. Time is granted. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for RE to 02.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mr. Botlawar for defendant/BMC is present.
Later on 11.28 a.m.
Adv. Mr. Darshan Jain for the plaintiff is present.
Adjourned for filing evidence and documents to 20.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: Adv. Mr. Darshan jain for the plaintiff is present.
perused the record. Today the suit is fixed for R.E. Record show that on 12.09.2025, issues are frame in this suit below Exh. 11 and since then, the suit is adjourned for R.E for time to time. Admittedly suit is old one pending since long. So keeping this mind, short time is granted as last chance. party to take note.
Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for Recording Evidence to 17.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Sanjana Gaikwad h/f Kudalkar for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
Plaintiff seeks time for filing evidence.
Adjourned for RE to 20.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: Adv. Mr. Aaditya Ragde h/f Adv. Mr. Kudalkar for the plaintiff is present and seeks time to file evidence. Sufficient time is already granted. Hence, suit is posted for no evidence order. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for order to 31.08.2026.
Next Purpose: ORDER
Next Hearing Date: 31-08-2026
Date: 31-08-2026
Business: Adv. Mr. Darshan Jain for the plaintiff is present.
Adv. Mrs. B.R. Bisen for defendant/BMC is present. Kept back.
Later on 12.31 p.m.
The appearance is as above. Adv. Ms. Roopam Ghosh a/w Adv. Ms. Bisen is present. The advocate for plaintiff seeks time to file evidence and documents. Time is granted as last chance.
Adjourned for RE/filing documents to 30.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2026Additional Case Details
Additional Case Details
Filing Number: 107305/2018 Filing Date: 04-06-2018 First Hearing Date: 05th June 2018 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Orders
2Interim Order 112 Sept 2025
12 Sept 2025
Order Details: Other Pdf Text: Exhibit –11 IN THE CITY CIVIL COURT FOR GREATER MUMBAI L. C. SUIT NO. 1318 OF 2018 Mr. Javed Ismail Kachra. …. PLAINTIFF. V/s. MCGM. …. DEFENDANT. ISSUES 1. Whether the plaintiff proves that the suit premises is assessed prior to 1962 ? 2. Whether the plaintiff proves that impugned notice dated 01/11/2017 and order dated 02.11.2017 are illegal and bad-in-law ? 3. Whether the plaintiff proves that defendant has demolish the suit premises inspite of order dtd.05.06.2018 and plaintiff ought to be granted permission to restore the suite premises ? 4. Whether the suit is bad for want of notice under section 527 of MMC Act? 5. Whether jurisdiction of Court is barred in view of section 515A of the MMC Act ? 6. Whether the plaintiff is entitled to relief of declaration as sought ? 7. Whether the plaintiff is entitled to relief of perpetual injunction as sought ? 8. What order and decree ? (V.R. Jagdale) Mumbai. Judge, Dated : 12.09.2025 City Civil Court, Mumbai. -- 1 of 1 --
Order 112 Sept 2025
12 Sept 2025
Order Details: Other Pdf Text: Exhibit –11 IN THE CITY CIVIL COURT FOR GREATER MUMBAI L. C. SUIT NO. 1318 OF 2018 Mr. Javed Ismail Kachra. …. PLAINTIFF. V/s. MCGM. …. DEFENDANT. ISSUES 1. Whether the plaintiff proves that the suit premises is assessed prior to 1962 ? 2. Whether the plaintiff proves that impugned notice dated 01/11/2017 and order dated 02.11.2017 are illegal and bad-in-law ? 3. Whether the plaintiff proves that defendant has demolish the suit premises inspite of order dtd.05.06.2018 and plaintiff ought to be granted permission to restore the suite premises ? 4. Whether the suit is bad for want of notice under section 527 of MMC Act? 5. Whether jurisdiction of Court is barred in view of section 515A of the MMC Act ? 6. Whether the plaintiff is entitled to relief of declaration as sought ? 7. Whether the plaintiff is entitled to relief of perpetual injunction as sought ? 8. What order and decree ? (V.R. Jagdale) Mumbai. Judge, Dated : 12.09.2025 City Civil Court, Mumbai. -- 1 of 1 --
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