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NOTICE OF MOTION

Mr. Abbas Ali Mohammed Kallu ShahVsMCGM +1 more

CNR MHCC0100863320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 24th February 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103171/2019
Registration Date
21 Aug 2019

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: 18-09-2019
    Business: Adv. Ravindra Singh for the Plaintiff present.
    Adv. Ms. Chandramore for BMC/Defendant no. 1 present.
    Adv. Subhedar for deft no. 2 MMRDA present
    Original registered N/M No. 3171/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Adv for Defendant nos. 1 and 2 seek adjournment for filing reply and WS. Granted as a last chance.
    Matter is adjd. to 8.11.2019 for  reply and WS by Defendants
    Next Purpose: REPLY
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: CA of plaintiff present.
    Adv. Divate for Defendant no.1 present.
    Adv. Subhedar for defendant no.2 present.
    Court is busy in passing order and preceipe matters, hence matter is adjd. to 07.02.2020 for N/M reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Ravindra Singh for plaintiff is present.
    Adv. Chandramore for defendant no.  1 is present.
    By consent matter is adjd.  for  N/M reply to 20/04/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    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: Lockdown
    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: 24-02-2021
    
    Date: 24-02-2021
    Business: Matter is adjd. to 30.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 23/06/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv. Mr. Ravindra Singh for the plaintiff present.
    Adv. Subhedar for defendant No.2 present.
    Advocate for the plaintiff tendered registered N/M No.632/2021 along with affidavit in support. t.o.r.
    On perusal of record both defendant are appears on record on 24/07/2019, but till today have not filed reply. Therefore, suit to proceed without reply to defendants.
    Matter is adjd. to 01/09/2021 for NM No.3171/19 and NM 632/2021  hearing/reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
    Matter is adjd. to 02.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for the plaintiff.
    Adv Subhedar for defendant no.2/ MMRDA present.
    Adv.Chandramore for defendant/BMC present.
    Matter is adjd. to 21.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv. Subhedar for MMRDA present.
    Adv. Chandramore for BMC present.
    None present for plaintiff.
    Matter is adjd. to 21-07-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Plaintiff present.
    Adv.Chandramore for defendant no. 1/BMC present.
    Matter is adjd. to 05.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: None present for plaintiff.
    Adv.Chandramore for defendant/BMC present.
    Perusing record it appears that, Plaintiff not present for hearing of the NM No. 3171/19 and NM No. 632/21.
    It appears that, after giving sufficient opportunities plaintiff remain absent for hearings, Hence both the NM kept for dismissal order.
    Matter is adjd. to 14.09.2022 for NM Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Court is busy in hearing arguments in St. No. 10065/22, Dictating order in NM No. 2703/22 in Suit No. 559/22 and Dictating order in NM No. 1645/18 in Suit No. 840/14.
    Matter is adjd. to 04.11.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Court is on leave.
    Hence, Matter is adjourned to next date.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As Court is busy in dictating order in NM no. 2655/22 in suit no. 331/22. Hence, board is discharged.
    Matter is adjourned to 01.02.2023 for Notice of Motion Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Plaintiff and his Adv. Ravindra Singh present.
    Adv. Subhedar for Deft.no. 2/MMRDA present.
    Heard Ld. advocate of Plaintiff on both Notice of Motions.
    Adv. Subhedar for Deft.no. 2/MMRDA submitted that deft.no. 2 have no any concern with dispute and pray for delete the name of Deft.no. 2/MMRAD.
    Matter is adjourned to 09.02.2023 for Hearing of Notice of Motion of BMC.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. Chandramore for defendant no.1/BMC present.
    KB for hearing.
    Heard Ld. advocate for Defendant No. 1/BMC on both Notice of Motions.
    Matter is adjourned to 24.02.2023 for both the Notice of Motions Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. Giri for BMC/Defendant present.
    KB for order.
    F.R.S.R. the following order is passed in Notice of Motion
    No. 632/2021.
    ORDER
    1.     Notice of Motion No. 632 of 2021 is dismissed with costs.
    2.     Notice of Motion No. 632 of 2021 stands disposed of
            accordingly.
    F.R.S.R. the following order is passed in Notice of Motion No. 3171/19.
    ORDER
    1.     Notice of Motion No. 3171 of 2019 is made absolute.
    2.     The defendants be restrained by an order and injunction not
            to vacate or demolish the suit premises without following due
            process of law.
    3.     The defendants are further directed not to remove or demolish
            the structure by vacating the plaintiff from the suit premises
            without following due process of law.
    4.     Notice of Motion No. 3171 of 2019 stands disposed of
            accordingly.
    Matter is adjourned to 13.04.2023 for WS.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109213/2019
    Filing Date: 21-08-2019
    First Hearing Date: 18th September 2019
    Decision Date: 24th February 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Feb 2023

    Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 3171 OF 2019 (CNR NO.MHCC01-008633-2019) IN L.C. SUIT NO. 2085 OF 2019 Mr. Abbas Ali Mohammed ] Kallu Shah. ].. Plaintiff. V/s. 1. Municipal Corporation of ] Greater Mumbai and Another. ]..Defendants. Advocate Mr. Ravindra Singh for the plaintiff. Advocate Ms. Chandramore for defendant No1./BMC. Advocate Mrs. Subhedar for defendant No2/MMRDA. CORAM : HIS HONOUR JUDGE MR. SITARAM N. PATIL…

    Read Full Order

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