Order Details: Notice of Motion Pdf Text: ... 1 … Order in NM 2219-2018 in Suit 1222-2018 MHCC010071582018 Presented on : 15.06.2018 Registered on : 15.06.2018 Decided on : 16.01.2025 Duration : 06 07 01 Years Months Days IN THE CITY CIVIL COURT FOR GREATER BOMBAY, AT BOMBAY NOTICE OF MOTION NO. 2219 OF 2018 IN SUIT NO. 1222 OF 2018 (CNR NO. MHCC010071582018) Mr. Shriram Ramlakhan Yadav Aged : 58 years, Occ : Taxi Driver Residing at Baiganwadi Plot…
NOTICE OF MOTION
Mr. Shriram Ramlakhan YadavVsMr. Lalta Prasad Ramlakhan Yadav +1 more
CNR MHCC01007158201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th January 2025
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 102219/2018
- Registration Date
- 15 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 15-06-2018
Business: As Court is on leave, Board is discharged, hence adjd. to 27.06.2018 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Adv. and Plaintiff absent.
Adv. Mr. Sandeep Dawal for defendant no. 1/ BMC present.
Adv. Mr. Giri for defendant no. 2/ BMC present.
Adv. For Deft. no. 1 tender Vakalatnama, t.o.r. and marked as Exh.2
The Deft. No 2 i.e. MCGM is deleted as party from present suit. The suit is against private party. Therefore this court is not having jurisdiction to deside the suit between private parties. Therefore, registrar is hereby directed to transfer the suit to appropriate court.
Adjd. for compliance of 06.08.2018
Matter is adjd. To 06.08.2018 for compliance.
L.O. Adv. Ms. Shivani Kunder for the plff. is present.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Matter is adjd. to 18.08.2018 for reply to N/M No.2219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2018
Date: 18-08-2018
Business: Matter is adjd. to 05.10.2018 for reply to N/M No.2219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Shivani Kunder for plff. present.
Adv. Prakash Mahadik for deft. present.
On the request adv. for deft Matter is adjd. to. 20.10.2018 for reply and hearing to N/M No. 2219/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2018
Date: 20-10-2018
Business: Adv. for pltff present.
Adv. for deft present.
Adv. of plff. filed draft Ch/s along with affidavit and sought to register it. TOR. Leave granted to register it.
Copies served to adv of deft. adv. of deft has tendered reply to N.M 2219/18 .
Matter is adjd. to.06.12.2018 for reply to Ch/s and hearing on N.M.no.2219/18 .
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
Adv. for plff. tendered registered Ch/sum No.2147/18 alongwith supporting affd. t.o.r.
On request of Adv. for deft. Matter is adjd. to. 07.02.2018 for reply to Ch/sum No. 2147/18 and reply on N/M No. 2219/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As the deft is absent and has failed to file reply to Ch/sum, the Ch/sum shall proceed without reply of the deft.
Matter is adjd. to. 05.04.2019 for hearing on Ch/sum No.2147/18 and for report of service of Ch/sum on the respondents and reply to N/M No.2219/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Matter is adjd. to. 26.06.2019 for hearing on Ch/sum No.2147/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Defendant no.1 present.
Court is busy in hearing arguments in respect of Exh.73 in suit no.320/73 and hearing Notice of Motion in suit stamp no.5879/19, hence case is adjourned to 16/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Advocate Shivani Kunder for Plaintiff present
Advocate Mr. Rupesh Bhalshankar for Defendant present and filed registered Notice of Motion no.4791/2019 with affidavit in support, t.o.r.
Case is adjourned to 09/03/2020 for Chamber Summons reply and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Advocate Shivani Kunder for Plaintiff present and sought time to file reply to NM taken out by Defendant.
Advocate Rupesh Bhalshankar @ Defendants present and submitted that he will file reply on Chamber Summons itself.
ORDER ON CHS NO.2147 OF 2018
This Chamber Summons is taken out by Plaintiff for amendment in the plaint to implead commissioner of BMC as Defendant no.2 in this suit and for claiming permanent as well as temporary injunction against proposed Defendant no.2 along with consequential amendments.
Plaintiff has filed affidavit in support of Notice of Motion contending that at the instance of Defendant, officers of \''M\'' ward of BMC visited suit premises on 03/03/2018 and to dispossess Plaintiff from it as it is in dilapidated condition, unsafe for staying. It is pointed out that earlier also BMC was impleaded as Defendant in this suit however advocate of BMC submitted before the court that no demolition notice was issued by BMC against Plaintiff therefore Plaintiff has deleted Defendant no.2 from the suit. Thereafter, officers of BMC issued notice dated 19/05/2018 to Plaintiff, hence according to Plaintiff BMC is necessary party to this suit.
Defendant has resisted Chamber Summons by filing reply contending that false contentions are raised in Chamber Summons and Plaintiff is intending to amend the suit for fresh cause of action against BMC. Previously Plaintiff had deleted BMC from this suit.
Heard Plaintiff\''s advocate and Defendant\''s advocate. If really any notice dated 19/05/2018 would have been issued by BMC against Plaintiff u/s 351 of BMC Act, it was expected that Plaintiff immediately should have challenged said notice by filing the suit before BMC court which is specially established for entertaining the disputes which arise due to issuance of various notices by BMC. Any how, this court being special court for senior citizen and this court not being the court for entertaining the suit against BMC, I find that BMC can not be impleaded as party to this suit. Further, the notice dated 19/05/2018 is not related to the cause of action of this suit and as already observed, Plaintiff will have to file separate suit for challenging said notice and said suit will have to be filed in BMC court. For all above reasons, I find that when once Plaintiff has deleted ed BMC from this suit again for fresh notice issued by BMC, said authority can not be impleaded in this suit and Plaintiff may file separate suit challenging s aid notice however it is made clear that said suit will be subject to law of limitation. Hence, I proceed to pass following order-
ORDER
Chamber Summons no.2147 of 2018 stands disposed off/dismissed.
Case is adjourned to 08/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
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: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plff.
None present for deft.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd. for NM hearing to 08.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalshankar for deft present.
As nobody is present for the plff, considering the present pandemic condition, matter is adjd. at same stage beyond summer vacation.
Matter is adjd. for NM hearing to 05.07.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plff.
Adv Mr.Rupesh Bhalshankar for deft present.
As nobody is present for plff, considering the present pandemic condition so also, SOP issued by Hon’ble High Court, matter is adjd. at same stage till next date.
Matter is adjd. for NM hearing to 01.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalchandra for deft No.1 present.
Despite granting several opportunities, plff failed to file reply to NM NO. 4791/2019 hence, said NM to proceed without reply of the plff.
As nobody is present for the plff, NM NO.2219/2018 of the plff be kept for dismissal order.
Matter is adjd. for NM hearing to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plff.
Adv Mr. Rupesh Bhalchandra for deft present.
Heard argument of adv. for deft.in N.M.No.4791/2019.
K.B. for order.
L.O. at 5.10 p.m.
F.R.S.R. following order is passed in N.M.No.4791/2019.
ORDER
Notice of Motion No.4791 of 2019 is allowed in terms of its prayer clause “a” subject to cost of Rs.5000/- (Five Thousand Rupees only)
Defendant shall pay the amount of cost either directly to the plaintiff or shall deposit the same in the Court on or before next date.
----
Matter is adjd. for compliance and dismissal order in N.M.No.2219/18 to 16.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Date: 13-03-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv.Shivani Kunder for plaintiff present.
Adv.Rupesh Bhalshankar for defendant present.
Read the order dated 18.11.2022 notice of motion 2219/2018 has been restored. Compliance as to payment of costs was made on 08.02.2023. Hence, as per the order dated 18.11.2022, notice of motion No.2219/2018 shall be restored physically and on CIS. Compliance be made.
The adv.for the plaintiff submits that sole defendant has expired on 17.02.2023. She requested time to take steps.
Matter adj. to 14.06.2023 for compliance / steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Next Purpose: REPLY
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: I
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: I
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: I
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: I
Next Purpose: SERVICE
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
None present.
Kept back at 02.45pm.
Later on
Adv. Shivani Kunder for plaintiff is present.
Adv. Rupesh Bhalshankar for defendant is present.
Advocate of defendant prays for time. It is pointed out that the first floor is in occupation of the plaintiff and ground floor is in occupation of then deceased defendant. Parties to maintain such status quo till next date. It is clarified that any aspect with regard to defendant or plaintiff interfering into each other rights is not adjudicated at this stage.
Advocate of defendant tenders application seeking time to file WS. It is taken on record and marked as Exh.14. O-Time granted till 27.11.2024. Adjourned on 27.11.2024 for WS, NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shivani Kunder for plaintiff present.
Adv. Rupesh Bhalshankar for all defendants present.
From the record it is seen that the no WS order has been set aside by order dtd. 05.10.2021 in NM No.4791/2019. It was subject to cost of Rs.5,000/-. Same is seen to be deposited on 22.10.2021 in due compliance of the order. It is seen from the record that the written statement is not exhibited and taken on record inspite of compliance of order in NM 4791/19 inadvertently. Considering the same WS is taken on record and marked today as exhibit.
Exh.15 - Written statement of defendant.
Ld. counsel of defendant tenders pursis of adopting the written statement of deceased defendant as their written statement. It is taken on record and marked as Exh.16.
Parties to comply provisions to CPC with regard to the pleadings if any.
Adjourned on 13.12.2024 for NM Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Shivani Kunder for plaintiff present and tenders additional affidavit in notice of motion No.2219/18 with regard to the contentions as regards to the added legal representative. It is taken on record and marked as Exh.17. Copy be served on other side and other legal representatives. The plaintiff to examine the validity of the NM.
Adjourned on 09.01.2025 at 11.00am for NM Hearing.
Later on
Adv. Rupesh Bhalshankar for defendants present.
Copy of additional affidavit served to other side.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Gaikwad for defendants present and tenders additional reply to NM No. 2219/18. It is taken on record.
Advocate of defendant tenders draft notice of motion for condonation of delay for filing written statement alongwith WS. NM be registered as per rules. Copy served on other side. Other side to say. Copies of reply and NM served to other side.
Adjourned on 16.01.2025 for NM Reply to fresh NM, and Hearing of NM 2219/18.
Later on
Adv. Shivani Kunder for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Plaintiff present.
Adv. Rupesh Bhalshankar for all defendants present.
KB
Later on
Same appearance.
Adv. Shivani Kunder for plaintiff present.
Heard both the sides on NM 237/25.
F.R.S.R. Following order is passed.
ORDER
Reasonable grounds made out. Considering the circumstances stated in the affidavit. In view of the said facts delay is condoned. Written Statement be taken on record. It is marked as Exh.18. Notice of Motion No.237 of 2025 is disposed off accordingly.
Heard both the sides on NM 2219/18.
F.R.S.R. Following order is passed.
ORDER
It is an admitted fact that the plaintiff is in occupation of the 1st floor of the premises and the defendant is in occupation of the ground floor. Considering the said there is alleged allegation of demolition through the municipal corporation who is not party to the present proceeding. Suffice to say that the above status is admitted by both the parties. Both parties to maintain status quo in that respect till disposal of the suit. This does not bar the parties to take recourse for their reliefs by following due course of law. Notice of Motion No. 2219 of 2018 stands disposed off accordingly. Parties to explore possibility of settlement.
Adjd. On 28.01.2025 for Filing Affidavit of Evidence and Documents.
Nature Of Disposal: ALLOWED
Disposal Date: 16-01-2025Additional Case Details
Additional Case Details
Filing Number: 107902/2018 Filing Date: 15-06-2018 First Hearing Date: 15th June 2018 Decision Date: 16th January 2025 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Orders
4Final Order 2Full order available
16 Jan 2025
Interim Order 116 Nov 2021
16 Nov 2021
Order Details: Other Pdf Text: 16/11/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 80 UD. SU 1222/18 None present for plff. Adv Mr. Rupesh Bhalshankar present for deft. Roznama shows that nobody has attended the matter for and on behalf of the plff since last many dates. Nobody is p resent for the plff today also. There is not propriety to keep pending the N.M.No.2219/2018 of the plff any further in absence of the plff as it appears that plff is not interested to prosecute the said NM hence, N.M.no.2219/2018 is dismissed in default for want of prosecution. Matter is adjd. for draft issues to 19.01.2022. Judge * -- 1 of 1 --
Order 2Full order available
16 Jan 2025
Order Details: Notice of Motion Pdf Text: ... 1 … Order in NM 2219-2018 in Suit 1222-2018 MHCC010071582018 Presented on : 15.06.2018 Registered on : 15.06.2018 Decided on : 16.01.2025 Duration : 06 07 01 Years Months Days IN THE CITY CIVIL COURT FOR GREATER BOMBAY, AT BOMBAY NOTICE OF MOTION NO. 2219 OF 2018 IN SUIT NO. 1222 OF 2018 (CNR NO. MHCC010071582018) Mr. Shriram Ramlakhan Yadav Aged : 58 years, Occ : Taxi Driver Residing at Baiganwadi Plot…
Order 116 Nov 2021
16 Nov 2021
Order Details: Other Pdf Text: 16/11/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 80 UD. SU 1222/18 None present for plff. Adv Mr. Rupesh Bhalshankar present for deft. Roznama shows that nobody has attended the matter for and on behalf of the plff since last many dates. Nobody is p resent for the plff today also. There is not propriety to keep pending the N.M.No.2219/2018 of the plff any further in absence of the plff as it appears that plff is not interested to prosecute the said NM hence, N.M.no.2219/2018 is dismissed in default for want of prosecution. Matter is adjd. for draft issues to 19.01.2022. Judge * -- 1 of 1 --
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