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NOTICE OF MOTION

Tabassum Noor Mohd. BatatawalaVsMCGM

CNR MHCC0100789120195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th January 2025

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102859/2019
Registration Date
31 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-08-2019
    Business: Adv.Mr.J.S.Yadav for plaintiff present.
    Adv.Meena Dhuri for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 17.09.2019 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Plaintiff and Adv. Mr. Yadav present.
    Adv. Ms. Dhuri  for defendant/MCGM present.
    Matter adjd to 26/09/2019 for hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Plaintiff and Adv. Mr. J. S. Yadav present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 01/10/2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Mr. B. P. Shukla for plaintiff present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 05/11/2019 for hrg.on n.m.
    Next Purpose: HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Plaintiff absent and Adv. Mr. Abhishekh Shukla present.
    Adv. Mrs. Dhuri  for defendant/MCGM present and seeks time for filling reply.  Granted time.
    Earlier order if any to continue till the next date.
    Matter adjd to 26/11/2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Mr. B. P. Shukla for plaintiff present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 17/12/2019 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv Rawde for BMC/deft present.
    Adv. Yadav for plaintiff present.
    reply not filed.
    EOC.
    Matter adjd to16.01.2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: As Court is busy in recording evidence, hearing arguments hence board is discharged.
    Mater is adjd to 11.02.2020 for hrg.on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Mr. J. S. Yadav for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present  and seeks time for arguments. Order-Granted time.
    Earlier order if any to continue till the next date.
    Matter is adjd to 15/02/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Adv. Mr. J. S. Yadav for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 03/03/2020 for reply on n.m .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adjd. to 17/03/2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: CORAM . HHJ. SHRI. GOPAL G. BHANSALI       (CR No.11)
    Matter Purtains to Court no. 5
    Adv. B.P. Shukla for Plaintiff Present.
    Adv. Mrs. Rawde for defendant /MCGM present
    Earlier order if any to continue till the next date.
    Matter is adjd. to 20/06/2020 for NM Reply Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: covid-19, adjd
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi/Nandanwar present for MCGM/defendant.
    Matter adjourned for NM reply to 07.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv Ravindra Singh present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Adv of plaintiff sought adjournment.
    Earlier order if any to continue till the next date.
    As a last chance Matter adjourned for NM arguments to 04.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv Yadav present for plaintiff.
    Adv Ravde present for MCGM/defendant.
    Plaintiff avoid delay on Notice of Motion. Adv of plaintiff sought adjournment last chance.
    Matter adjourned 25/02/2021 Notice of Motion arguments .
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv BP Shukla present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM arguments to 16.03.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Saha (hf) present  for plaintiff.
    Adv. Nandanwar (hf) present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM reply to 22.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: due to covid-19 pandemic matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Singh present for plaintiff and sought adjournment.
    Adv. Sutar present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for nm hrg. to. 23/09/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Yadav present for plaintiff and sought adjournment.
    Adv. Sutar present  for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for nm hrg. to. 23-11-21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Jayesh Yadav Present For Plaintiff and sought adjournment.
    Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
    Earlier order if any to continue till the next date
    Matter adjourned for Nm hearing on 07-12-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv. Redekar Hf B. P. Shukla present for plaintiff and sought adjournment.
    Adv. Sutar  present for MCGM/defendant.
    Earlier order if any to continue till the next date
    Matter adjourned for nm hrg. as a last chance to 06/01/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Adv. Dubey hf Adv. B. P. Shukla present for plaintiff and sought adjournment.
    Adv. Sutar present  for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for nm hrg. to 01/03/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.(C.R.06)
    Matter pertains to C.R.05
    Adv. Yadav  present for plaintiff.
    Adv. Vyavhare  present for MCGM/defendant.
    Earlier order if any to continue till the next date
    Matter adjourned for NM hearing on 21-04-2022.
    I/c Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Matter pertains to C.R.05
    Adv. Singh for plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter  adjourned for NM hearing to 05-07-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Singh present  for plaintiff.
    Adv. Vyavhare for MCGM/Defendant.
    Earlier order if any to continue till the next date
    Matter adjourned for reply on 25-08-2022.
    Next Purpose: REPLY
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Court is busy in hearing in urgent matters i.e. Suit No.1841 of 2017 and Suit No. 645 of 2011. Hence want of time board is discharged.
    Next Purpose: REPLY
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: None present  for plaintiff.
    Adv. Vyavhare @ Sutar present for MCGM/Defendant..
    On oral request made by advocate for def. short adjournment is granted as a last chance.
    Earlier order if any to continue till the next date
    Matter adjourned for filing reply to NM on 12-01-2023.
    Next Purpose: REPLY
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: As Court is busy in urgent hearing matter i.e. Suit No. 4617/13, Suit No.2464/16, Suit No. 2563/10, Suit No. 2692/10 Hence, want of time board is discharged.
    Adv B.P. Shukla for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter is adjd for NM hearing on 16-02-2023
    Next Purpose: REPLY
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As Court is busy in urgent hearing matters i.e. Stamp No. 1622 of 2023, and Stamp No. 152 of 2023 and dictating order matters i.e. Suit No. 313 of 2022 to 320 of 2022 group matters and Suit No. 785 of 2018. Hence want of time board is discharged.
    Adv Yadav for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter is adjd  on 06-04-2023
    Next Purpose: REPLY
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: Matter pertains to CR No.5.
    Adv B.P. Shukla for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter is adjd for reply on 20-06-2023
    Next Purpose: REPLY
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 31.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 04.11.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Matter pertains to CR No. 5
    Adv. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 09.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2024
    
    Date: 04-11-2023
    Business: Matter pertains to CR No. 5
    Adv. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv.  Vidya Vyavahare for defendant/MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 09.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 02.03.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Vyavahare for defendant/BMC present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 23.04.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 16.07.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Sachin Vajale for defendant/BMC present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 05.09.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Adv Dubey h/f Adv Shukla for Plaintiff present.
    Adv Dalvi for Def/ MCGM present.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to  05/11/2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 04.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Heard arguments of both sides on NM No. 2859/2019.
    Earlier order, if any, to continue, till next date.
    Matter is adjd to 16.01.2025 for order on NM No. 2859/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    FRSR the following order is passed -
    Order on NM No.2859 of 2019
    1. Notice of motion No. 2859 of 2019 is Allowed.
    2. Defendant is hereby restrained from proceeding further in respect of notice structure/suit premises on the basis of notice Dtd. 05.10.2018 and order Dtd. 13.07.2019 till the final adjudication of this suit.
    3. The Notice of motion is accordingly disposed of.
    Matter is adjd  to 03.04.2025 for written statement.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108462/2019
    Filing Date: 31-07-2019
    First Hearing Date: 06th August 2019
    Decision Date: 16th January 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Jan 2025

    Order Details: Notice of Motion Pdf Text: 1 N.M. No. 2859 of 2019 CNR:MHCC01-007891-2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION No. 2859 OF 2019 IN L.C. SUIT No. 2152 OF 2019 Tabassum Noor Mohd. Batatawala .. Plaintiff V/s. The Municipal Corporation of Greater Mumbai .. Defendant Appearance:- Adv. B. P. Shukla for plaintiff. Adv. Chaitanya Dalvi for defendant/MCGM. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. S. ARADHYE CITY CIVIL COURT, GR. BOMBAY (C.R.…

    Read Full Order

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