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NOTICE OF MOTION

Smt. Laxmi Narayan AmbreVsMCGM

CNR MHCC0101297920194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 31st January 2025

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104750/2019
Registration Date
11 Dec 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: 19-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv.S.K.Shah h/f adv.Shukla for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    KB L.O
    Adv.B.P.Shukla for plaintiff present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Adjd to 18.03.2020 for NM reply .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: None for Plaintiff.
    Adv. Khandagle for MCGM/Deft. present.
    Matter adjd to 22.06.2020 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
    Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.4750/19. Time is granted till next date.
    Matter adjd to 05/04/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 18/06/2021 for N/m reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Adv. Mr. J.S. Yadav h/f. Adv. Mr. B. P. Shukla for Plaintiff is present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 13/10/2021 for  N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 29/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Yadav for plaintiff present.
    Adv. Tondwalkar for MCGM present and requested to file reply to NM.  Time granted till next date.
    Matter is adjd to 18/2/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Mr. Yadav h.f. Adv. B.P Shukla for plaintiff present.
    Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
    Adjd. To 06-07-2022/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 14/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 19/10/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 02/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Court is busy in hearing urgent ad-interim matters, board is discharged.
    Adjd. to 13/03/2023 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: Adv. Sunita Dube h.f. Adv. B.P. Shukla for plaintiff present.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
    Adjd. to 05/07/2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: P O Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted
    Adjd  to 20.11.2023    for  NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv. Sunita Dubey h/f Shukla for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as matter is of year 2019
    Adjd  to 24.01.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: AS court is busy in dictating NM order and other urgent matters, due to paucity of time, Board is discharged. Hence matter adjourned.
    Earlier order, if any, to continue till next date.
    Adjd  to 15.03.2024  for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Advocate Sagar Chaurasia h/f Shukla for plaintiff present.
    Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
    Adjd  to 28.06.2024   for NM Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: Advocate Sunita Dubey for plaintiff present.
    Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as a suit is five years old.
    Earlier order, if any, to continue till next date.
    Adjd  to  06.09.2024   for NM Reply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: Advocate Ravindra Singh for plaintiff present.
    Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance
    Earlier order, if any, to continue till next date.
    Adjd  to 08.11.2024     for  NM REply and service of writ of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: (Not on board, taken on Board for placing the matter before National Lok-adalat.)
    Matter is referred to National Lok-adalat, will be held on 28.09.2024.
    Issue notice to both parties to remain present before National Lok-adalat at 10.30 am.
    Adjd for Lok-adalat to 28.09.2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertain to Court Room No. 4
    Plaintiff and advocate absent.
    Adv Botlawar for MMC/ Defendant (Ward M East ) present.
    Officer of concern Ward absent.
    Earlier order, if any, continued till next date.
    Adjd for N/M Hrg  on  08.11.2024
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2024
    
    Date: 08-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    As Court is busy in ad-interim hearing in Su No. 6298/24, 6522/2024, 6525/24 and 6526/2024 and su No 5672/2024, Board is discharged. hence matter adjourned
    Earlier order, if any, to continue till next date.
    Adjd  to 11.12.2024    for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2024
    
    Date: 11-12-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Abhishekh Shukla h/f Shukla for plaintiff present
    Advocate Sujata Puri  for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjd  to  15.01.2025   for NM  Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present.
    Heard both sides on NM. The matter is kept back.
    Later on at 5.00 pm.
    None of the parties are present. The Court is busy in other urgent matters. Earlier order, if any, to continue till next date.
    Adjourned for NM Order (No reply) to 24.01.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: P.O. is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    Adv. Ms. Sunita Dubey h/f Adv. Mr. Shukla for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present.
    The following Order is passed on NM No. 4750/2019.
    1.	By filing this suit, the plaintiff came with the specific case on 19.11.2019, Officer of the defendant threatened demolition of this suit premises, without following due process of law. Admittedly, no notice was issued for this cause. The record shows that accordingly, on 07.12.2019, this Court granted ad-interim relief in favour of the plaintiff, which is is continued till date, calling the defendant to file written statement at the earliest. However, the fact remained that the defendants did not contest this NM nor it filed its stand till the date. Consequently, there is no change in the scenario, which was prevailing while granting ad-interim relief to the plaintiff. Being so, there is no reason to discard his “apprehension” about demolition, which he supported on his oath. In the result, I am of the opinion that such ad-interim relief needs to be continued, till the defendant follows the due process of law, while proceeding against the notice structure. Hence the Order:
    1.	Notice of Motion No. 4750/2019 is made absolute in terms 	of prayer clause (a), till the defendant follows due process of 	law.
    2.	Notice of Motion No. 4750/2019 is, accordingly, disposed of.
    By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
    Adjourned for Lokadalat/written statement to 22.03.2025.
    Nature Of Disposal: ALLOWED
    Disposal Date: 31-01-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 113764/2019
    Filing Date: 11-12-2019
    First Hearing Date: 19th December 2019
    Decision Date: 31st January 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Jan 2025

    Order Details: Other Pdf Text: Dt:31.01.2025 Sr. No. 16 SU 3199/19 NM 4750/19 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) Adv. Ms. Sunita Dubey h/f Adv. Mr. Shukla for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present. The following Order is passed on NM No. 4750/2019. 1. By filing this suit, the plaintiff came with the specific case on 19.11.2019, Officer of the defendant threatened demolition of this suit premises, without following due process…

    Read Full Order

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