NOTICE OF MOTION
Jitendra Jivraj ShahVsMCGM +1 more
CNR MHCC0100798720185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th December 2019
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102481/2018
- Registration Date
- 04 Jul 2018
Advocates
2For Petitioner
For Respondent
Parties
3Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 04-07-2018
Business: Resumed.
Adv. Yusuf Baghwala tendered registered NM No. 2481/2018.
The P.O. is busy in Hearing of NM No. 1015/2017 in Suit No. 673/2017 and order on NM No. 1580/2017 in Suit No. 1012/2014. For want of time the board is discharged. Earlier order if any to continue till the next date.
Adjd for NM reply to 30.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 421/2016 and orders on NM No. 3348/2017 NM No. 3349/2017, 3350/2017 and NM No. 4374/2015 in Suit No. 2894/2008. For want of time the board is discharged. Earlier order if any to continue till the next date. Adjd for NM reply to 21.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2018
Date: 21-09-2018
Business: Resumed.
Adv S. T. Manik for plaintiff tendered registered CS no. 1345/18 with affidavit. He undertakes to file affidavit of service.
Adv Ms. Patil for defendant seeks time to file reply to CS.
Matter adjd for reply CS to 31/10/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Resumed.
The P.O. is busy in hearing arguments on NM in Suit No. 2770/2010 and other sister suits.
For want of time the board is discharged.
Adjd for Ch/s reply to 21.11.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Resumed.
None for plaintiff Adv. Pradeep Patil for MCGM present.
The P.O. is busy in passing judgment in Suit no. 10154/1988 and hearing of NM in Su no.410/17. For want of time the board is discharged.
Adjd for Ch/s reply on 12/12/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2018
Date: 21-11-2018
Business: Resumed.
None for plaintiff Adv. Pradeep Patil for MCGM present.
The P.O. is busy in passing judgment in Suit no. 10154/1988 and hearing of NM in Su no.410/17. For want of time the board is discharged.
Adjd for Ch/s reply on 12/12/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2018
Date: 21-11-2018
Business: Resumed.
None for plaintiff Adv. Pradeep Patil for MCGM present.
The P.O. is busy in passing judgment in Suit no. 10154/1988 and hearing of NM in Su no.410/17. For want of time the board is discharged.
Adjd for Ch/s reply on 12/12/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: The P.O. is on leave.
Adjd for C/S Reply to 28.01.2019
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2019
Date: 12-12-2018
Business: The P.O. is on leave.
Adjd for C/S Reply to 28.01.2019
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Resumed.
None for plaintiff. Adv. Ms. Patil is on leave. None for remaining defendants. The def. no. 3 is absent. His absence if not explained. The Ch/s no. 1345/2018 be heard without his reply. Adv. Pradip Patil h/f Adv. Ms. Patil seeks time to file reply.
Adjd for Ch/s reply to 13.02.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Resumed.
None present for plaintiff.
Adv. Smt. Patil for MCGM Present.
Adjd to 8.3.19 for Chs. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Plaintiff and advocate absent.
Adv. Smt Patil for defendant no. /MCGM present.
Adv. Jitendra Shah for deft. no. 3 present.
Application for abatement of suit filed by Adv. of deft. no. 3.
Matter adjd. to 15.4.19 for Chs Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv.Nandesh Mane h/f.Adv.J.P.Thakker for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Adv.Mr.Baugwala for applicant Present.
Heard on both the sides.
Matter adjd to 22.04.2019 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv.Ms.J.P.Thakkar for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
F.R.S.R. the following order is passed
ORDER
1.Chamber Summons No.1345/2018 is allowed.
2. The delay of 7 months 15 days is condoned and the abatement is set aside.
3. The applicant is permitted to bring on record the legal heirs of deceased plaintiff.
4. The applicant to pay cost of Rs.500/- to the defendant landlord.
Matter adjd to 03.05.2019 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv.Manek for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Adv.of Deft.2 present and filed application for extension of time t.o.r. O-Time extended till next date.
Matter adjd to 07.06.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. Pradip Patil for BMC is present.
Adv. Bagwala for defendant no. 2 present.
Adv. J.P. Thakkar for plaintiff.
Amended copy of plaint filed by Adv. Thakkar.
Adv. filed draft Ch/S. alongwith affidavit.
Leave granted to registered the Chamber summons.
Earlier order if any to continue till the next date.
Adjd to 08.07.2019 for NM arguments
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-07-2019
Date: 07-06-2019
Business: Adv. Pradip Patil for BMC is present.
Adv. Bagwala for defendant no. 2 present.
Adv. J.P. Thakkar for plaintiff.
Amended copy of plaint filed by Adv. Thakkar.
Adv. filed draft Ch/S. alongwith affidavit.
Leave granted to registered the Chamber summons.
Earlier order if any to continue till the next date.
Adjd to 08.07.2019 for NM arguments
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: P.O. Is on Training Programme at Uttan. Hence, Board
discharged, matter adjd to 09/08/2019 for N.M. arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv.Smt.J.P.Thakkar present and filed vakalatnama on behalf of Plaintiff t.o.r.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Adv.Smt.Baughwala for Deft.3 present.
Adv.of Plaintiff filed chamber summons No.1049/19 a/w. Affidavit t.o.r.
ORDER ON CH/S NO.1049/19
Heard Ld. Advocate for the Plaintiff. 1(b)-Arvind Becharlal Shah had expired on 09.11.2018. The Plaintiff had sought to bring the LR''s of Arvind Becharlal Shah on record. It is argued that there is delay of four months in bringing the LR''s. The Ld. Adv.for the corporation had objected the chamber summons. In the interest of justice, the delay is condoned and the legal heir of Arvind Becharlal Shah, Gaurav Arvind Shah is brought on record. The Plaintiff to carry out the amendment within four weeks. The chamber summons is disposed off accordingly.
Earlier order if any to continue till the next date.
Matter adjd to 07.09.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Plaintiff absent and his advocate Mr. Nandesh present.
Adv. Ms. Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 01/10/2019 for hrg. On N/M.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 14/10/2019 for hrg.on n.m
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: In the last roznama adjd. Date is 14/11/2019 was wrongly typed instead of 14/10/2019.
Plaintiff absent and Adv. Ms. J. P. Thakkar present.
Adv. Mr. Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 16/10/2019 for hrg.on n.m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Mrs. J.P. Thakkar for plff. present.
Adv. Mr. Shri Patil and Mrs. Tondawalkar for MCGM present.
N/M. argument heard of both side.
Matter adjd to N/M. order on 06/11/2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Plaintiff and Adv. absent
Adv. Mrs. Tondwalkar for defendant/MCGM present.
Matter adjd to 13/11/2019 for order on n.m.
Next Purpose: NM ORDERS
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Plaintiff and Adv. Ms. Meenakshi Sahu Present.
Adv. Mr. Patil for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion no. 2541/2012
O R D E R
The Notice of Motion No.2541/2012 is dismissed.
Adv. For plaintiff filed an application for extension of time t.o.r. and marked as Exh.
Order- Earlier order is extended for four weeks to prefer appeal.
Matter adjd to 15/11/2019 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Plaintiff absent and Adv. Ms. J. P. Thakkar present.
Adv. Mr. Patil/Mrs. Tondwalkar for dfdt/MCGM present.
K. B.
L. O. at 05.20 p.m.
As Court busy in hearing arguments, recording evidence and attending meeting relating to VC from 04.45p.m. hence, board is discharged.
Matter adjd to 20/11/2019 for argument on n.m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. For plaintiff present.
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 27/11/2019 for N.Motion order.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Mrs. J. P. Thakkar for plaintiff present.
Adv. Mr. Patil for defendant/MCGM present.
As Court is busy in hearing arguments, passing orders and misc. work hence,
Matter adjd to 09/12/2019 for order on n.m.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. For plaintiff present.
Adv. Mr. Suryavanshi for defendant/MCGM present.
F. R. S. R. Following order is passed on N/m no. 2481/2018.-
O R D E R
1) The Notice of Motion No.2481/2018 is allowed.
2)
3)
Matter adjd to 08/01/2020 for W/st.
Nature Of Disposal: ALLOWED
Disposal Date: 09-12-2019Additional Case Details
Additional Case Details
Filing Number: 108847/2018 Filing Date: 04-07-2018 First Hearing Date: 04th July 2018 Decision Date: 09th December 2019 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
2Final Order 109 Dec 2019
09 Dec 2019
Order Details: Notice of Motion
Order 109 Dec 2019
09 Dec 2019
Order Details: Notice of Motion
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