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NOTICE OF MOTION

Mr. Rajesh Gangji SavlaVsMCGM

CNR MHCC0100975020194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 06th August 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103575/2019
Registration Date
24 Sept 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: 24-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Plaintiff no. 2present, his advocate is absent.
    Adv. Mrs. R.M. Hazare for Deft/MCGM present.
    KB LO
    Adv.  Swati Sawant for plaintiff present.
    On oral request of advocate for Plaintiff, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
    Adjd to 30-01-2020  for N/M hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv.Charushila Gorad for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    On oral request of advocate for plaintiff, adjournment granted as last chance.
    It is submitted that,  Adv. on record is not in town.
    O- Adjournment granted as a last chance.
    Earlier order, if any, to continue till next date.
    Adjd to 09.03.2020  for NM hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Adv.Praduman Chauhan for plaintiff present.
    Adv. Khandagle h/f adv. Hajare for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
     Matter adjd to 16.06.2020 for NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: (Matter pertains to C.R.No.8)
    Adv. Ms. Vaibhavi Pawar h/f. Adv. Mr. Kudalkar for Plaintiff present.
    Adv. Mrs. Hajare for Defendant /MCGM present.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 16/03/2021 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
    Adv. Ms. Hazare 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 29/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Adv Kudalkar for plaintiff present.
    Adv Smita Chavan for defendant /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.
    Adjd. To 28/09/2021 for NM reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 02/12/2021 NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for plaintiff present..
    Adv. Chavan for Defendant/MCGM present and seeks 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 17/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Matter pertains to C.R. No.08
    Adv. Vaibhavi Pawar h/f. Adv. Kudalkar for Plaintiff present.
    Adv Mrs Rawade h/f. Adv. Chavan for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. to 07/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
    (Matter pertains to C.R. No.04)
    Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present.
    Counsel Adv. Gajanan Shinde with Adv. Chavan for Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 19/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: None for plaintiff.
    MCGM Counsel Adv Gajanan Shinde with Adv Mrs Smita Chavan for defendant / MCGM present and tendered reply to NM. TOR. Copy be served to other side.
    Earlier order, if any, to continue till next date.
    Adjd. To 02/05/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: As Court is busy in dictating Judgment in HCTB Suit No. 2622/16, board is discharged.
    Earlier order, if any, to continue till next date.
    Adjd. To 07/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present and requested for time to argue N/M.
    Adv. Gajanan Shinde a/w Adv. Smita Chavan for defendant/MCGM present and opposed for adjournment. Matter is adjourned as a last chance for N/M hrg.
    Earlier order, if any, to continue till next date.
    Adjd. to 21/06/2022 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Kudalkar for plaintiff present.
    Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
    K.B.
    L.O. at 04.15 p.m.
    Adv. Kudalkar for plaintiff present
    Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
    Adv. for Plaintiff submitted that he will supply copy of rejoinder in advance to the defendant. Adjournment granted as a last chance.
    Earlier order, if any, to continue till next date.
    Adjd. to 28/06/2022 for N/M hearing at 12.30 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Adv. Kudalkar for plaintiff present and tendered rejoinder to the reply filed by deft./MCGM to N/M No. 3575/2019. Copy is served to other side.
    He also tendered original N/M No. 3575/2019 along-with affidavit in support thereof.
    Counsel Adv. Gajanan Shinde with Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ MCGM is present.
    K.B.
    L.O.
    Same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 08/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
    Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
    K.B.
    L.O.
    Adv. Kudalkar for plaintiff present.
    Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
    Heard both sides on N/M No. 3575/2019.
    L.O.
    Counsel Adv. Gajanan Shinde with Adv. Chavan for defendant/ MCGM is present.
    Partly heard by Adv. For plaintiff on N/M No. 3575/2019.
    Due to paucity of time matter, is adjourned for further hearing on N/M.
    Earlier order, if any, to continue till next date.
    Adjd. to 18/07/2022 for further hrg. by plaintiff on N/M No. 3575/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Due to paucity of time, matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Adjd. to 27/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None for plaintiff.
    Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
    K.B.
    L.O. at 04.35 p.m.
    Adv. Kudalkar for plaintiff present.
    Rest of the same appearance.
    Heard further arguments of learned Adv. for plaintiff and argument of Adv. for deft./MCGM on N/M No. 3575/2019.
    Earlier order, if any, to continue till next date.
    Adjd. to 06/08/2022 for order on N/M No. 3575/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
    Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ BMC is present.
    F.R.S.R. following order is passed on N/M No. 3575/2019-
    O R D E R
    Notice of Motion No. 3575/2019 is dismissed.
    Adv. for plaintiff tendered application for continuation of ad-interim order, TOR and marked as Exh.2. O - Other side to say.
    Adv. for deft. has given say on Exh.2 overleaf.
    Heard arguments of both sides on Exh.2.
    Following order is passed on Exh.2 -
    O R D E R
    The plaintiff filed this application for extension of ad-interim order dated 19/9/2019. It is contended that this Court dismissed Notice of Motion. The plaintiff intends to challenge the order before the Hon\''ble High Court. If, ad-interim relief is not extended there is every possibility of removal of structure by defendant. Sometime is required to approach Hon\''ble High Court. In the meantime, it is necessary to extend ad-interim relief.
    Learned counsel for the Corporation opposed application contending that notice has been issued under Section 314 of the M.M.C. Act. Structure is required for road widening and due to interim injunction project is affected.
    Heard learned counsel for the parties.
    Notice of Motion has been dismissed. The plaintiff intends to challenge order before the Hon\''ble High Court. An appeal is a statutory right of a party dissatisfied with order. There was interim injunction during pendency of Notice of Motion. Therefore, considering fats of case I pass following order -
    O R D E R
    1. Application exhibit-2 is allowed.
    2. Earlier order to continue for a period of two weeks.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 110267/2019
    Filing Date: 24-09-2019
    First Hearing Date: 24th October 2019
    Decision Date: 06th August 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Aug 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M 3575/19 (LCS 2448/19) MHCC010097502019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.3575 OF 2019 I N LONG CAUSE SUIT No.2448/2019 Mr. Rajesh s/o. Gangji Savla … Plaintiff Versus Municipal Corporation of Greater Mumbai. ... Defendant Appearance : Mr. Suraj Kudalkar, Advocate for plaintiff. Mr. Gajanan Shinde, Advocate for defendant. CORAM : S. H. SALUNKHE, JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED : 06/08/2022. O…

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