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NOTICE OF MOTION

Mr. Mangesh Narayan PedenkarVsMCGM

CNR MHCC0100783320194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 17th September 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102837/2019
Registration Date
30 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-08-2019
    Business: (Incharge Court of C.R.No.8)
    Adv. Ms. Kalpana Kanhere for Plaintiff present.
    None for Defendant.
    Earlier order, if any, to continue till next date.
    Adjd to 06.11.2019 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Kalpana Kanhere  for plaintiff present.
    Adv.Mrs.Patil h/f adv.Khandagale for MCGM/Defendant present.
    Earlier order, if any, to continue till next date.
    Adjd to  26.02.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv.Remedious for plaintiff present.
    Adv.Khandagale for MCGM/Deft. present.
    Counsel  Vyas for MCGM present.
    Lasa chance be given to counsel for file NM reply.
    Earlier order, if any, to continue till next date.
     Matter adjd to 01.04.2020 for hrg.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: (Matter pertains to C.R.No.08)
    Adv. Ms. Ashwini Jadhav h/f Adv. Kalpana Kanhere for plaintiff present.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 28/04/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv Purva Sawant for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 29/10/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. Amit Gade h/f. Adv. Kalpana Kanhere for Plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 20/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Pratik Shetty h.f. Adv. Kalpana Kanhere for Plaintiff
    Adv. Krishna Dedhia h.f. Adv. Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 23/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv Yash Mandlik for plaintiff present.
    Adv Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 23/03/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None for plaintiff.
    Adv Vyas with Adv Mrs Tondwalkar for defendant / MCGM is present and tendered NM reply. TOR. Copy is kept for plaintiff.
    Earlier order, if any, to continue till next date.
    Adjd. To 15/06/2022 for NM reply.
    L.O. at 4.00 p.m.
    Adv Yash Mandlik h/f Adv Kalpana Kanhere for plaintiff present and received copy of NM reply.
    Already adjd. To 15/06/2022 for  NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
    (Matter pertains to C.R. No. 4)
    Adv. Kalpana Kanhere for plaintiff present.
    Adv. Ms. Krisha h/f Adv. Vyas for defendant/ MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 27/07/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Yash Mandlik h/f Adv. Kalpana Kanhere for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 16/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. Yash Mandlik h/f Adv. Kalpana Kanhere for plaintiff present and submitted that plaintiff is expired, hence he is request for time to take steps for bringing LR\''s of deceased plaintiff on record. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present
    Earlier order, if any, to continue till next date.
    Adjd. to 02/11/2022 for taking steps by plaintiff./NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. Yash Mandlik h/f Adv. Kalpana Kanhere for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 02/12/2022 for taking steps by plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Adv. Yash Mandlik h.f. Adv. Kalpana Kanhere for plaintiff present.
    Adv. Sutar h.f. Adv. Tondwalkar for Defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd. to 20/01/2023 for taking steps by plaintiff/ N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Matter pertains to C.R. No.04.
    Adv. S. Mandlik h.f. Adv. Kalpana Kanhere for plaintiff present and tendered Chamber Summons No.2186/2022, t.o.r. Copy be supplied to other side.
    Adv. Mrs. Tondwalkar for defendant /BMC is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/02/2023 for taking steps by plaintiff/ N/M reply and service/ reply to draft Ch/S.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. Yash Mandlik h/f Adv. Kalpana Kanhere for plaintiff present.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to Ch/S. Granted.
    Earlier order, if any, to continue till next date.
    Adjd. to 01/03/2023 for Ch/S reply and N/M hrg..
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: As Court is busy in urgent N/M and ad-interim hearing, board discharged.
    Earlier order, if any, to continue till next date.
    Adjd. to 19/04/2023 for Ch/S reply and N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: Adv. Sonali Pradhan h.f. Adv. Kalpana Kanhere for plaintiff present and tendered draft C/S. Copies is suppled to other side. Leave is granted to register draft NM r/o next date.
    Plaintiff not pressed C/S no.2186/2022 hence disposed of accordingly.
    Counsel Adv. Vyas with Adv. Mr. Suryavanshi for defendant/ BMC is present and has given say on draft C/S.
    Plaintiff is directed to tender Original NM no. 2837/2019 on next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 14.06.2023 for C/S and NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Advocate Kalpana Kanhere for plaintiff present and tendered NM NO. 2837/2019. She further submitted that plaintiff has submitted documents for deciding eligibility for alternate accommodation which is under consideration of Corporation and seeks time. Hence matter adjourned
    Advocate Suryavanshi for defendant/BMC present.
    Plaintiff is directed to tender Original chamber Summons No. 984/2023 alongwith Affidavit in support on next date.
    Earlier order, if any, to continue till next date.
    Adjd 21.07.2023 to for NM Hearing / Chamber summons reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: Advocate Sonali Pradhan h/f.Adv.Kalpana Kanhere for plaintiff presen and seeks time to argue on NM. Granted.
    Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to Ch/s. Granted.
    Plff. is directed to tender Original Ch/s on next date.
    Earlier Order, if any, to continue till next date.
    Adjd to 07/08/2023 for Ch/S reply and N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Advocate Reshma Mahadik h/f Kanhere for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present.
    With the consent of both the parties, matter referred to Maha-Lokadalat  will be held on 09.09.2023
    Earlier order, if any, to continue till next date.
    Adjd to 09.09.2023 for Lok adalat Report.
    Next Purpose: REPORT
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: Adv. Mr. Kalpana Kanhare for the plaintiff is present.
    Advocate Suryawanshi for defendant/BMC present and informed that the concerned Officer is not available today.
    Earlier Order, if any, to continue till the next date.
    Matter is adjd for Ch/s. reply/NM hearing to 18.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: Advocate  Sonali Pradhan h/f Kalpana Kanhere for plaintiff present and tendered registered ch/s No. 984/2023
    Counsel Adv. Dharmesh Vyas a/w Advocate Suryavanshi  for defendant/BMC present and has given say on ch/s No. 984/2023 overleaf.
    Adv for plaintiff requested for time for further argument in ch/s. Granted.
    Earlier order, if any, to continue till next date.
    Adjd  to 11.12.2023   for further argument of ch/s by plaintiff/P.H.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Advocate  Sonali Pradhan h/f Kanhere for plaintiff present and submitted that Sr. Adv is out of Mumbai due to medical emergency and requested for adjournment. Hence matter adjourned.
    Advocate Suryavanshi  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to 24.01.2024  for ch/s Hearing
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Advocate Reshma Mahadik h/f Kanhere for plaintiff present and Sr Adv is not feeling well. Hence adjourned on request of plaintiff.
    Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to 23.02.2024  for further argument of plaintiff on ch/s/P.H.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: None present for plaintiff
    Advocate  Suryavanshi for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to 11.03.2024 for further argument of plaintiff on ch/s/P.H..
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Matter pertains to C. R. No. 4
    Advocate  Remedious holding for Advocate Kalpana Kanhere for plaintiff present.
    Adv Suryavanshi for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  03.04.2024  for further argument of Plaintiff on Ch/sum  (PH).
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: Matter pertains to C. R. No. 4
    Advocate Shruti Chavan holding for adv. Kanhere for plaintiff present.
    Adv. Mr. Suryavanshi for Defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd. to 22/04/2024 for further argument of Plaintiff on Ch/sum (PH).
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Advocate R.D. Thorat for plaintiff present and requested time for further argument of ch/s
    Advocate Suryavanshi  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to 12.06.2024 for  further argument of plaintiff on ch/s /P.H.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: Advocate Shruti Chavan h/f Kanhere for plaintiff present and submitted that Sr. Adv is busy in HCTB matter in C. R. No. 6 and requested for adjournment. Hence matter adjourned. Hence time is granted as a one more last chance
    Advocate  Vyawahare  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  15.07.2024  for ch/s argument/P.H.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: Advocate R.D. Thorat h/f Kalpana Kanhere for plaintiff present
    Counsel Adv Dharmesh Vyas a/w Advocate Honmane for defendant/BMC present.
    Heard argument of both sides on ch/s No.984/2023
    Earlier order, if any, to continue till next date.
    Adjd  to 22.07.2024    for  ch/s Order
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: Advocate Shruti Chavan h/f Kanhere for plaintiff present.
    Advocate Honmane for defendant/BMC present.
    As Court is busy in Ad-interim hearing in suit No. 5559/2024, hence matter adjourned tomorrow
    Earlier order, if any, to continue till next date.
    Adjd  to 23.07.2024   for Ch/s ORder
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Advocate Shruti Chavan h/d Kanhere for plaintiff present.
    Advocate Metakari h/f Honmane for defendant/BMC present.
    As  Court is busy in HCTB cross-examination in suit No. 1445/18. hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to  02.08.2024   for ch/s order
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Advocate Shruti Chavan h/f Kanhere  for plaintiff present.
    Advocate Honmane for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd to 14.08.2024 for filing affidavit for other LRs by Applicant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-08-2024
    
    Date: 14-08-2024
    Business: Advocate Sinead Remedious for Applicant/plaintiff present and tendered affidavit of Komal Pednekar and Kunal Pednekar in support of ch/s. TOR marked as Exh. 5 and Exh. 6. she further submitted that ch/s is already heard. Hence matter adjourned for ch/s order.
    Advocate Honmane    for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  28.08.2024  for Ch/s Order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 28-08-2024
    
    Date: 28-08-2024
    Business: Advocate R.D. Thorat h/f Kalpana Kanhere for plaintiff present.
    Advocate Honmane for defendant/BMC present.
    As Court is busy in Urgent NM and Ch/s Order,  hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 13.09.2024     for Ch/s Order
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: CORAM  H. H. J. SHRI. R. B. PARVEKAR ( C. R. No.6)
    Matter pertains to C.R. No.04.
    Adv. Ms. Remedious h/f. Kanhere for plaintiff present
    None for defendant/BMC M(West) Ward.
    Earlier order, if any, to continue till next date.
    Adjd. to 27/9/2024 for C/S. order.
                                                                    I/c Judge
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Advocate Shruti Chavan h/f Kalpana  for plaintiff present.
    Advocate Honmane   for defendant/BMC present.
    F.R.S.R. following order is passed in ch/s No. 984/2023
    ORDER
    1.  Chamber summons is hereby made absolute in terms of prayer clause (a) and (b)
    2.  The necessary amendment be carried out within two weeks and amended copy be served upon the other side.
    Earlier order, if any, to continue till next date.
    Adjd  to  14.10.2024  for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2024
    
    Date: 14-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Shruti Chavan h/f Kalpana Kanhere  for plaintiff present and requested time to serve amended plaint. Hence matter adjourned.
    Advocate Honmane  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to 16.10.2024  for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2024
    
    Date: 16-10-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate  Jitendra Patel h/f Kalpana Kanhere for plaintiff present and tendered amended plaint TOR
    Counsel Adv. Dharmesh Vyas for defendant/BMC present.
    Adv for plaintiff requested to keep back the matter, hence kept back
    Later on  3.30 p.m
    Adv  Jitendra Patel for plaintiff submitted Sr. Adv. R. D. Thorat busy in C. R. No. 62 and requested for adjournment for NM hearing. The matter is of year 2019 and pending since long for hearing and on already last chance has been granted on 12.06.2024 and thereafter repeatedly adjourned. In the interest of justice time is granted as a one more last chance.
    Rest of the same appearance.
    Earlier order, if any, to continue till next date.
    Adjd  to 06.11.2024  for   NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate R.D. Thorat h/f Kalpana Kanhere  for plaintiff present and submitted that on previous date adv for deft/BMC submitted corporation is considering allotment of permanent accommodation to the plaintiff.
    Counsel Advocate Dharmesh Vyas for defendant/BMC present and submitted that he has not instructions. However as a last chance for hearing.
    Earlier order, if any, to continue till next date.
    Adjd  to  04.12.2024   for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate R.D. Thorat  for plaintiff present.
    Advocate   Honmane  for defendant/BMC present.
    As Court is busy in Targeted matter, hence matter adjourned
    Earlier order, if any, to continue till next date.
    Adjd  to 08.01.2025     for NM Hearing and service of writ of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. R.D. Thorat for the plaintiff is present. He submitted that the plaintiff is ready to vacate the structure if his claim is being considered for alternate accommodation. Adv. Mr. D.K. Vyas a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present. He submitted that as per the instructions, the defendant is ready to proceed on NM. The parties are called upon to file written submissions on NM. Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM to 22.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Shruti Chavan h/f Adv. Ms. Kalpana Kanhere for the plaintiff is present and filed applcation for extension of time for service of writ of summons. Taken on record. It is marked as
    Exhibit 7. O- Time is extended till the next date. She requested time to file written submissions on NM. Time is granted. Adv. Ms. Sangita Honmane h/f Adv. Mr. D.K. Vyas for defendant/MCGM is present and sought time to file written submissions on NM. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for written submissons on NM/writ of summons to 07.03.2025.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Sinead Remedious h/f Adv. Ms. Kalpana Kanhere for the plaintiff is present and filed application for extension of time to ensure service of suit summons through Bailiff. Taken on record. It is marked as Exhibit 8. O- The suit is more than 5 years old and sufficient time is already granted. Still, considering the reasons, the application for ensuring service of suit summons is allowed and the time is extended till the next date, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders would follow. She also sought time to file written submissions on NM. Time is granted. Adv. Mr. D.K. Vyas  a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file written submissions on NM. Time is granted. Earlier Order, if any, is continued till the next date.
    Adjourned for Costs/Compliance/written submissions on NM/writ of summons to 23.06.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    Adv. Mr. R.D. Thorat h/f Adv. Ms. Kalpana Kanhere for the plaintiff is present and filed application for extending time to pay costs and further compliance Taken on record. It is marked as Exhibit 9.
    O- Allowed.
    Adv. Mr. Dharmesh Vyas a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    NM is pending for hearing since long. Advocate for plaintiff submitted that he would proceed further on next date as plaintiff is not in contact with him. Ld. Counsel for defendant/MCGM raised strong objection for the same.
    Considering the time lapsed plaintiff are hereby directed to carry out all compliance and positively proceed further with NM hearing.
    Adjourned for Costs/Compliance to 07.07.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. R.D. Thorat  for the plaintiff is present and filed written submissions on NM No. 2837/19 Taken on record. O- Filed. Copy is supplied to other side. Costs of compliance is done.
    Adv. Mr. Dharmesh Vyas a/w Ms. Sangita Honmane for defendant/MCGM is present and filed written submissions on NM Taken on record. O- Filed. Copy is supplied to other side.
    Adjourned for NM hearing to 28.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2025
    
    Date: 28-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. R.D. Thorat a/w Adv. Jitendra Patel for the plaintiff is present.
    Adv. Mr. Dharmesh Vyas a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    Heard argument of both sides on NM
    Earlier Order, if any, is continued till the next date.
    Adjourned for NM Order to 11.08.2025
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-08-2025
    
    Date: 11-08-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. Jitendra Patel h/f Adv. Ms. Kalpana Kanhere for the plaintiff is present.
    Adv. Mr. Dharmesh Vyas for defendant/MCGM is present.
    In connected matter, the plaintiff deposited costs amount. Both parties were heard and NM was posted order along-with present NM.
    Adjourned for  NM Order to 17.09.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-09-2025
    
    Date: 17-09-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv.Mr. R.D.Thorat a/w Adv. Mr. Jitendra Tiwari   for the plaintiff is present.
    Adv. Ms. Sangita Honmane for defendant/MCGM is present.
    keep back
    Later on at 5.05 pm
    Adv. Ms. Shruti Chavan h/f Adv. Mr. R.D. Thorat for the plaintiff is present. Rest appearance is as above.
    F.R.S.R. the following Order is passed in Notice of Motion No. 2837/2019 :
    ORDER
    
    Notice of Motion No.2837 of 2019 stands rejected and disposed of accordingly.
    Ld Advocate for the plaintiff filed application for stay the said Order Taken on record. It is marked as Exhibit 10.
    O-  Other side to say.
    Advocate for defendant/MCGM filed say on Exhibit 10 overleaf
    Heard both sides on Exhibit 10.
    ORDER
    	At this stage, Advocate for the plaintiff requested to stay effect of Order passed below NM for a period of four weeks.  Heard both the sides.
    	Having considered entire record it seems that amid pendency of NM there was interim protection granted in favour of the plaintiff from the year 2019 which lasted till present date. Now the NM is rejected on merits. The plaintiff wish to challenge the said order before Hon’ble Appellate Forum. Admittedly till date the notice structure is not demolished by the defendant/MCGM. To file and appeal against the NM Order is legal right exists in favour of the plaintiff. Thus till that period the notice structure deserves protection. Filing Appeal is statutory right of the party and they must be allowed to exhaust their remedies. Considering the peculiar circumstance, so also plaintiff rights to approach the Higher Forum in Appeal. Earlier Order cum status be continued till three weeks and defendant are hereby directed not to take any coercive action against the notice structure in pursuance of impugned notice till next three weeks from the date of this Order.
    Both parties to take note of this Order
    Adjourned for writ of summons to 12.11.2025.
    Nature Of Disposal: OTHER
    Disposal Date: 17-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108340/2019
    Filing Date: 30-07-2019
    First Hearing Date: 26th August 2019
    Decision Date: 17th September 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Sept 2025

    Order Details: Notice of Motion Pdf Text: MHCC010078332019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO.2837 OF 2019 IN L. C. SUIT NO.2065 OF 2019 Mangesh Narayan Pednekar (Deceased) 1(a) Smt. Madhuri Mangesh Pednekar and others … PLAINTIFFS Versus Municipal Corporation of Greater Mumbai. … DEFENDANT APPEARANCES : Mr. Rahul Thorat, Advocate for the Plaintiff. Mr. Dharmesh Vyas, Advocate for Defendant/MCGM. CORAM : AMIT ANANT LAULKAR, JUDGE COURT ROOM NO.04 DATED : 17th SEPTEMBER, 2025 ORDER…

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