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NOTICE OF MOTION

Mr. Sumanbhai Ladhubhai RosiaVsMCGM

CNR MHCC0101296020194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104740/2019
Registration Date
10 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 11-12-2019
Business: Adv.Vincent X. D\''silva for plaintiff present and tendered original tendered registered Notice of Motion No.4740/19 with affidavit in support.
Adv. Mr. S.C. Khandagale for Deft 1 /MCGM present.
Adv. Sarita Dhonde  for Defendant no. 2 present
KB LO
Partly Heard both sides. Both parties to maintain status quo till tomorrow.
Adjd to 12-12-2019  for Ad-interim hearing
Next Purpose: HEARING
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. Ms. Jayshree Randhaye h/f Adv. Sarita Donde for Defendant. no. 2 present.
F.R.S.R. following order on N/M No. 4740/19 is passed -
Order -
Notice of Motion No. 4740/19 is partly allowed with following order -
1)Prayer Clause (a),(b),(c) and (d) of Notice of Motion are rejected.
2) In circumstances of the case, the Defendant/MCGM is restrained from taking any further action pursuant to the impugned notice except action for corrective repairs of the suit building in accordance with the provisions of Mumbai Municipal Corporation Act, 1888.
LO
Adv.  Pravin Dhanavade for plaintiff present.
Adjd to 30-01-2020  for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Mr. Vinod for defendant No.2 present.
Adv. Dsilva for plaintiff present.
None for defendant MCGM.
Adjd to 31.01.2020 for NM reply by defendant No.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Plaintiff No.1 to 5 are present.
Adv. D\''silva for plaintiff present.
Adv. Khandagle for MCGM/DeftNo.1. present.
Adv. Sarita Donde for defendant No.2 present.
On oral request of advocate for Defendant No.2, adjournment granted as last chance.
Defendant No.2 is directed to file reply on next date without fail. With direction to serve copy of reply to plaintiff before next date.
Matter adjd to 12.02.2020  for reply/argument.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Matter adjd to 26.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Vincent  D\''Silva for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv.Jayshree Randhiye for D-2 is present and filed reply to NM. t.o.r. copy is served to plaintiff  and D-1 MCGM.
 Matter adjd to 09.03.2020 for NM hrg.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv.Vishvkarma for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Sarita Donde for defendant No.2 is present.
KB L.O.
Adv.Vincent Dsilva for plaintiff present.
 Matter adjd to 16.03.2020 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Adv.Vincent Dsilva for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Randhiye for defendant No.2 is present.
It is requested for Adv. Randhiye, Corona emergency matter may be adjourned.
 Matter adjd to 03.04.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Matter adjd to 26/03/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Vincent X Dsilva for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2.
The advocate for plaintiff and defendant  no.1 ready to argue on NM, but defendant no.2 and advocate for defendant no.2 absent today. Defendant no.2 is directed to remain present with advocate and argue the matter on next date, otherwise, matter will be proceed in their absence.
Adjd. To 27/08/2021 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv Sujeet Mane h/f Adv Dsilva for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant no.1/ MCGM present.
None for defendant no.2.
Adjd. To 27/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Plaintiff is present. His advocate absent.
Adv. Mrs. Tondwalkar h/f Adv D.K. Vyas for Defendant no.1/MCGM is present.
None for defendant no.2.
Adjd. To 27/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Vincent Dsilva for Plaintiff present.
Adv. Tondwalkar for Defendant No.1/MCGM present.
Adv. Sarita Donde for Defendant No.2 present.
Plaintiff is ready to argue NM but due to paucity of time, matter is adjd. till next date.
Matter is adjd to 24/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Plaintiff present. His advocate is absent.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
None for Defendant No.2.
Matter is adjd to 07/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Vincent Dsilva for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2.
Adjd. to 09/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM hearing. Neither plaintiff nor his advocate present today to argue on NM. But last chance is granted to the plaintiff to argue on NM. On next date, if plaintiff fails to argue NM, NM will be dismissed for want of prosecution.
Adjd. To 04/04/2022 for NM hearing / NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O.
Adv Vincent Dsilva for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 27/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. D\''silva for Plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
None for Defendant No.2.
Adjd. to 24/06/2022/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
None for deft. No. 2.
Adjd. to 10/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present.
Adv. Sarita Dhonde for deft. No. 2 is absent.
Adjd. to 16/09/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. H. D''silva h.f. Adv. Vincent D''silva for plaintiff present and and requested for time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present. Adv. None for D/2.
Adjd. to 04/11/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: P.O. is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
Adjd. to 11/01/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
On previous date matter was adjourned for dismissal of N/M, as none present for plaintiff.
Adjd. to 30/01/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Adjd. to 05/04/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Plaintiff present and filed application to provide free of cost advocate from the State Legal Aid panel TOR and it is marked as Exh-6.
O- Application be sent to DLSA, Mumbai.
Adv. Mr. Suryavanshi for defendant no. 1/ BMC is present.
Adv. Sarita Donde for defendant no.2 is present.
Adjd. to 05/07/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: P O Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Plaintiff present and his advocate is absent and seeks time to argue NM. Granted.
Advocate Mhatre h/f  Suryavanshi  for defendant/BMC present.
Adjd  to 11.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: None present for plaintiff .
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
Matter is today posted for NM hearing but none present for plaintiff. Hence matter kept for dismissal of NM.
Adjd  to 21.10.2023     for dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for plaintiff
Adv. Mhatre h/f. suryavanshi for  defendant No.1/BMC present.
None for D/2
N/M is of 2019 and kept today for dismissal.
Today, none for plaintiff. However, it appears that by order dated 13/12/2019 on ad-interim relief N/M No.4739/2019 is partly allowed and thereafter matter is kept for reply. Thereafter the matter was adjourned for hrg. on N/M after filing reply by D/2 and adjourned on request of adv. for plaintiff Mr. Vincent D’silva for hearing on N/M. However, the plaintiff and his adv. is not present hence matter is kept for dismissal of N/M. However, today none for plaintiff, hence N/M. No.4740/2019 is dismissed for want of prosecution.
Adjd. to 10/1/2024 No Written Statement order.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-10-2023

Additional Case Details

Additional Case Details
Filing Number: 113740/2019
Filing Date: 10-12-2019
First Hearing Date: 11th December 2019
Decision Date: 21st October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

3
Final Order 2
21 Oct 2023
Order Details: Other
Pdf Text: 21/10/2023
Suit No.
3212/2019
CORAM : H. H. J. SHRI S. H. SALUNKHE ( C.R. No. 04 )
None for plaintiff
Adv. Mhatre h/f. suryavanshi for defendant No.1/BMC
present.
None for D/2
N/M is of 2019 and kept today for dismissal.
Today, none for plaintiff. However, it appears that by order
dated 13/12/2019 on ad-interim relief N/M
No.4739/2019 is partly allowed and thereafter matter is
kept for reply. Thereafter the matter was adjourned for
hrg. on N/M after filing reply by D/2 and adjourned on
request of adv. for plaintiff Mr. Vincent D’silva for hearing
on N/M. However, the plaintiff and his adv. is not present
hence matter is kept for dismissal of N/M. However, today
none for plaintiff, hence N/M. No.4740/2019 is dismissed
for want of prosecution.
Adjd. to 10/1/2024 No Written Statement order.
Judge
-- 1 of 1 --
Interim Order 1Full order available
13 Dec 2019

Order Details: Other Pdf Text: 1 Ad-Int Order-NM-4740-19 in SU3212-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEFS ON NOTICE OF MOTION NO.4740 OF 2019 (CNR no. MHCC010129602019) IN SUIT NO. 3212 OF 2019 (CNR no. MHCC010125512019) Mr. Sumanbhai Ladhubhai Rosia ] Aged : 75 years, Occupation : Business ] Residing at Flat No. B3, Wing No. B, ] Ground Floor, Kasturba Nagar CHS Ltd., ] Thakkar Bappa Colony, Chembur, Mumbai 400071. ]...…

Read Full Order
Order 1Full order available
13 Dec 2019

Order Details: Other Pdf Text: 1 Ad-Int Order-NM-4740-19 in SU3212-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON AD INTERIM RELIEFS ON NOTICE OF MOTION NO.4740 OF 2019 (CNR no. MHCC010129602019) IN SUIT NO. 3212 OF 2019 (CNR no. MHCC010125512019) Mr. Sumanbhai Ladhubhai Rosia ] Aged : 75 years, Occupation : Business ] Residing at Flat No. B3, Wing No. B, ] Ground Floor, Kasturba Nagar CHS Ltd., ] Thakkar Bappa Colony, Chembur, Mumbai 400071. ]...…

Read Full Order

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