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NOTICE OF MOTION

Ratnaprabha Sitaram Shetye - Suit Stamp No.8070 of 2018VsMCGM +1 more

CNR MHCC0100744320185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 08th August 2019

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102300/2018
Registration Date
22 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-06-2018
    Business: Resumed.
    Adv. Jagushte for plaintiff and adv. Rawade for MCGM are present.
      Adv. Jagushte tendered registered NM No. 2300/2018 and compilation of photographs of the suit building at Exh. 6.
       Adv. Rawade seeks time to file reply.  Considering the impugned notice, Assistant Engineer maintenance and A.O. Estate of concern ward are directed to remain personally present before the court on 28.06.2018.  Time is granted to file reply.  Earlier order if any to continue till the next date.
       Considering the absence of reply Adv. Jagushte prayed for directing that no coercive action be taken in furtherance of notice dtd. 18.05.2018 (Exh. S).  Since the defendant has not filed reply till today, no coercive action be taken in furtherance of notice dtd. 18.05.2018 till 28.06.2018.  The plaintiff to take care of life, limb and property of herself and her family members.  Plaintiff to serve writ of summons to the defendant.
      An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to respective parties.
    Adjd for reply and arguments on ad-interim reliefs to 28.06.2018.
    Next Purpose: REPLY
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Resumed.
    Adv. Jagushte for plaintiff and Adv. Rawade along with Mr. Dashrath Bhikaji Zole, Administrative officer Estate, B ward are present.
    Adv. Rawade submitted reply on ad-interim along with documents.  Mr. Zole undertakes to file report of TAG committee till 30.06.2018.  plaintiff to take care of life, limb and property of herself and her family members.  Earlier order if any to continue till the next date.
    Adjd for arguments on ad-interim relief to 30.06.2018 at 11.00 a.m.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 30-06-2018
    
    Date: 30-06-2018
    Business: Resumed.
    Plaintiff with Adv. Jaghushte and Adv. Rawade for MCGM are present.
    Heard, respective advocates on ad-interim relief.  Earlier order if any to continue till the next date.  The P.O. is busy in judgment in Suit No. 4040/2006 and 3284/2007.
    Adjd for orders on ad-interim reliefs to 02.07.2018.
    Next Purpose: AD-INTERIM ORDER
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Resumed.
    Adv. Jagushte for plaintiff filed case law.  The matter pertains to B ward. Adv. Rawade is absent.  Earlier order if any to continue till the next date.
    Adjd for ad-interim order to 03.07.2018.
    Next Purpose: AD-INTERIM ORDER
    Next Hearing Date: 03-07-2018
    
    Date: 03-07-2018
    Business: Resumed.
    None for plaintiff, Advocate Rawde for defendant  BMC
    F.R.S.R. the following order is passed on N.M. No.2300 of 2018.
    ORDER
    1.  Ad-interim relief in terms of prayer clause (a) is granted.
    2. Mr. Amol Shetgeri and Associates are appointed for structural audit with direction to report about structural stability of the suit building returnable on 17.07.2018. The plaintiff to bear and pay the fees of structural auditor.
    3.  The plaintiff to take care of life, limb and property of herself and her family members. The plaintiff to file undertaking on affidavit that in case of any mishap, the defendant corporation will be not responsible for its costs and consequences.
    4.  It made clear that this order will not prevent the defendant from taking an appropriate action permissible under the law against the plaintiff and the suit premises by following due process of law.
    Adjourned for reply to N.M. and report of structural audit to 19.07.2018.
    Next Purpose: REPORT
    Next Hearing Date: 19-07-2018
    
    Date: 19-07-2018
    Business: Resumed.
    Adv. Jagushte for plaintff and Adv. Rawade for MCGM are present.
    Exh. 7 - Structural audit report submitted by M/s. Shetgiri and Associates.
    Adjd for reply to report of structural auditor to 09.08.2018.
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Resumed.
    Adv. Jagushte for plaintiff and Adv. Rawade for MCGM are present.
    Adv Jagushte seeks time to serve writ of summons to defendant.  It be served on or before next date.
    Adjd for service of summons and additional reply if any and argument on NM to 06.09.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Resumed.
    The P.O. is busy in hearing arguments in Sessions Case No. 568/2017 and recording evidence in Sessions Case no. 231/2018.
    Adjd for NM arguments to 27.11.2018.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Resumed.
    The P.O. is busy in judgment in Sessions Case No. 576/2017 and 577/2017 and hearing ad-interim relief arguments in Suit no. 3012/2018.  For want of time the board is discharged.
    Adjd for NM arguments to 14.02.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Resumed.
    Adv. U. G. Jaguste for plaintiff present.
    Adv.Smt. Rawade for MCGM present.
    Ld. Adv. for the plaintiff request to post the matter in the first week of March.  Ld. Adv. For the MCGM submits to the order of the court. Matter be posted for arguments on Notice of motion.
    Earlier order if any to continue till the next date
    Adjd to 7.3.19  for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-03-2019
    
    Date: 14-02-2019
    Business: Resumed.
    Adv. U. G. Jaguste for plaintiff present.
    Adv.Smt. Rawade for MCGM present.
    Ld. Adv. for the plaintiff request to post the matter in the first week of March.  Ld. Adv. For the MCGM submits to the order of the court. Matter be posted for arguments on Notice of motion.
    Earlier order if any to continue till the next date
    Adjd to 7.3.19  for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-03-2019
    
    Date: 07-03-2019
    Business: Adv. Jaguste for plaintiff present.
    Adv. Rawade for defendant no. /MCGM present.
    The Ld. Adv for the MCGM seeks time to take instruction on the report of structural engineer. Time granted.
    Earlier order if any to continue till the next date
    Matter adjd. to 2.4.19 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Plaintiff and advocate absent.
    Adv.Smt.Rawade for defendant/MCGM present.
    Matter adjd to 20.06.2019 for NM Argument.
    LO
    Adv.Mr.Uday Jaguste for plaintiff present.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-06-2019
    
    Date: 02-04-2019
    Business: Plaintiff and advocate absent.
    Adv.Smt.Rawade for defendant/MCGM present.
    Matter adjd to 20.06.2019 for NM Argument.
    LO
    Adv.Mr.Uday Jaguste for plaintiff present.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.06.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Adv.M.Jaguste for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Ld.Adv.informs that his mother expired. He seeks adjournment. Granted.
    Earlier order if any to continue till the next date.
    Matter adjd to 23.07.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.Mr.U.G.Jaguste for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Ld.Adv.for deft.seeks time. Time granted as last chance.
    Earlier order if any to continue till the next date.
    Matter adjd to 01.08.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-08-2019
    
    Date: 23-07-2019
    Business: Adv.Mr.U.G.Jaguste for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Ld.Adv.for deft.seeks time. Time granted as last chance.
    Earlier order if any to continue till the next date.
    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.U.G.Jaguste for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 05.08.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Adv.Mr.Jagste for plaintiff present.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    (As Court is busy in hearing and also partly dictating judgment in SC 774/2013 and NM orders hence, adjourned.
    Matter adjd to 07.08.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-08-2019
    
    Date: 05-08-2019
    Business: Adv.Mr.Jagste for plaintiff present.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    (As Court is busy in hearing and also partly dictating judgment in SC 774/2013 and NM orders hence, adjourned.
    Matter adjd to 07.08.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv.Mr.Jaguste for plaintiff present.
    Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    As Court is busy in hearing and dictating order in NM and Ch/s, hence, matter adjourned.
    Matter adjd to 08.08.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Adv.Mr.Jaguste for plaintiff present.
    Adv.Meena Dhuri for defendant/MCGM present.
    F.R.S.R. the following order is passed
                          ORDER
    Notice of Motion No.2300/2018 is dismissed.
    Adv.of Plaintiff filed application for staying the operation of order dated 08.08.2019 t.o.r.
    O-The earlier order to continue till 27.08.2019.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-08-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 108183/2018
    Filing Date: 22-06-2018
    First Hearing Date: 26th June 2018
    Decision Date: 08th August 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    08 Aug 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 2300-18 in Suit No. 1524-18 CNR NO.MHCC01 00744318 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 2300 OF 2018 IN L.C. SUIT NO. 1524 OF 2018 Ms. Ratnaprabha Sitaram Shetye ....Plaintiff V/s. The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 8th August, 2019 Appearance: Ld. Adv. Mr. U.G. Jaguste for…

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    Interim Order 1Full order available
    03 Jul 2018

    Order Details: Notice of Motion Pdf Text: :1:Order on NM No.230018 in S.C. Suit No.152418 CNR No. MHCC010073182018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.2300 OF 2018 in L.C. SUIT NO.1524 OF 2018 Ratnaprabha Sitaram Shetye ]...Plaintiff. Versus MCGM & another. ]..Defendant. Mr. Uday Jagushte, advocate for the Plaintiff. Mr. Rawade advocate for Defendant. CORAM : M.S. Deshpande, Judge (Court Room no.5) DATED : 3rd July, 2018 O R D E R 1. Heard…

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    Order 2Full order available
    08 Aug 2019

    Order Details: Notice of Motion Pdf Text: 1 NM 2300-18 in Suit No. 1524-18 CNR NO.MHCC01 00744318 IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO. 2300 OF 2018 IN L.C. SUIT NO. 1524 OF 2018 Ms. Ratnaprabha Sitaram Shetye ....Plaintiff V/s. The Municipal Corporation of Greater Mumbai & Anr. ..... Defendants Coram : Sanjay N. Yadav, Judge (Court Room no. 05) Date : 8th August, 2019 Appearance: Ld. Adv. Mr. U.G. Jaguste for…

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    Order 1Full order available
    03 Jul 2018

    Order Details: Notice of Motion Pdf Text: :1:Order on NM No.230018 in S.C. Suit No.152418 CNR No. MHCC010073182018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.2300 OF 2018 in L.C. SUIT NO.1524 OF 2018 Ratnaprabha Sitaram Shetye ]...Plaintiff. Versus MCGM & another. ]..Defendant. Mr. Uday Jagushte, advocate for the Plaintiff. Mr. Rawade advocate for Defendant. CORAM : M.S. Deshpande, Judge (Court Room no.5) DATED : 3rd July, 2018 O R D E R 1. Heard…

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