NOTICE OF MOTION
YUNUS K. MOTIWALLA +2 moreVsIRFAN YUNUS NAMAKWALA +2 more
CNR MHCC0101321020188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 15 Sept 2026
Case Overview
- Registration Number
- 103589/2018
- Registration Date
- 25 Sept 2018
- Next Hearing Date
- 16 Sept 2026
- Case Stage
- C/S REPLY
Advocates
1For Petitioner
For Respondent
Not available
Parties
6Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 17-10-2018
Business: adj to 29-10-2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2019
Date: 03-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: As court is busy in other old matters, this suit is adjourned for hearing in NM to 18.03.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Gole for the Plaintiff present.
Adv. Mr. Suryawanshi for Defendant no. 3 present.
Adv. Ms. Rujuta Lokare for defendant no. 2 present.
None present for defendant no. 1.
Matter is adjd. to 28.6.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Adv. Suresh Gole for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No. 3 present
Adv Pushpa Thapa h/f Kandekar for Defendant no. present.
It appears that possession warrant issued has been returned unserved. Hence, Plaintiff to take further necessary to steps.
Matter is adjd. to 29.07.2019 for steps by the Plaintiff/ hearing
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Matter is adjd. to 11.09.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Suresh Gole for the Plaintiff present.
Adv. Prabhu h/f Kandekar for MHADA Defendant no. 2 present.
Court is busy in dictating orders in SU 1592/19. Hence, board discharged.
Matter is adjd. to 15.11.2019
Next Purpose: HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Gole for plaintiff present.
Adv.Ms.Chandramore for BMC/deft/No. 3 Present.
Adv. Satamkar for defendant No.2 present.As court is busy in hearing urgent matters.Hence, Board is discharged.
Matter adj for taking steps to 06.12.2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv.Gole for the Plaintiff is present.
None present for defendant no. 1.
defendant no. 1 is failed to file say on Exh. 7. application to proceed without say of defendant no. 7.
Adv. Satamkar for defendant no. 2 is present.
Adv.Chandramore for Defendant no 3 present.
Matter is adjd. for hearing to 09/01/2020.
Next Purpose: HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Date: 06-02-2020
Business: Adv. Suresh Gole for Plaintiff is present.
Adv. K. D. Jha for defendant no.1 is present. He filed reply to N/m No. 4613/2019 and He also filed affidavit in rejoinder to reply of plaintiff no.2 in N/M No. 2526/2018. He also filed affidavit in reply on Exh.7.
Adv. Mr. Satamkar h/f Adv. Mr. Kandekar for the defendant no.2 is present.
Copy served on advocate of plaintiff.
Matter is adjd. for hearing on Exh.7 to . 28/02/2020.
Next Purpose: HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adjd. for hearing to 20/3/2020.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Next Purpose: HEARING
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Mr. Suresh Gole for the plaintiff.
Adv. Mr. Pathak h/f Adv. Kandekar for the defendant No.2.
Adv. Chandramore for the defendant No.3.
Time to amend the execution petition is extended till next date.
Matter is adjd. to 01/03/2021 for compliance.
Next Purpose: HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Mr. Suresh Gole for the plaintiff.
Adv. Mr. K. D. Jha for the defendant No.1.
Adv. Mr. Pathak h/f Adv. Kandekar for the defendant No.2.
Matter is adjd. to 06/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 18.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present.
Matter is adjd. to 30/08/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Girish Pawar for plaintiff present and filed VP. to.r. and marked as Exh.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.2 present.
Adv. Chandramore for defendant/BMC No.3 present.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 15/12/2021 for hearing NMs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Due to SOP only urgent matters taken up.
Matter is adjd. to 08.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Chandramore present for defendant 03/MCGM.
None present for defendant no. 01.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 21/06/22.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Sameer sarambal present for plaintiffs.
Adv. K. D. Zaa present for defendant 01.
Adv. Chandramore present for defendant 03/MCGM.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
By consent, Matter adjourned for nm hrg. To 08/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv Sameer Sarambalkar present for plaintiff.
Adv Pathak h/f Adv Kandekar present for defendant no. 02/ MHADA.
Adv Jha present for defendant no. 01.
Adv Chandramore present for defendant no. 03/MCGM.
By consent.
Matter adjourned for Notice of Motion hearing to 21.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: As presiding officer is on leave. Hence matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Sameer sarambalkar present for plaintiff.
Plaintiff in person present.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Meena Dhuri present for defendant 03/MCGM.
Adv. Zaa present for other defendant 01.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendant 01 on nm no. 2526/2018.
Adv. For defendant no 01 sought adjournment for filling citations, Matter adjourned for submission of citations if any to 10/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Rima Swami hf adv. Sameer sarambalkar present for plaintiff.
Adv. K. D. Zaa present for defendant 01 and sought adjournment for filling citations.
Adv. Kandekar present for defendant/MHADA.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for submission of citations if any as a last chance to 17/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: None present for plaintiff.
Adv K.D. Jha present for defendant no. 01 and tendered 3 judgement citation .
Adv Pathak h/f adv Kandekar present for defendant/MHADA.
Adv Chandramore present for defendant/MCGM.
Matter adjourned for submission of plaintiff on ciatation, if any to 23.08.22.
Next Purpose: CIATATION
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
As plaintiff and his adv. are absent, and failed to make submission as to citation. Matter adjourned for submission of plaintiff on citation/order on nm no. 2526/18 / order to 15/09/22.
Next Purpose: CIATATION
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv Sarambhalkar present for plaintiff.
Adv Kandekar present for defendant no. 02/MHADA.
Adv Chandramore present for defendant/MCGM.
Adv for plaintiff submitted that he don\''t want to make any submission on the Ciatation of defendant no. 01.
Matter adjourned for order on Notice of Motion no. 2526/18 to 20.09.22.
Next Purpose: NM ORDERS
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Sister of plaintiff present.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
F.R.S.R. following order is passed on Notice Of Motion No. 2526/2018.
ORDER
1) Notice of Motion No. 2526/18 is dismissed.
2) Notice of Motion No. 2526/18 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for nm hearing to 07/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Sarambalkar present for plaintiff and sought adjournment.
Adv. Pathak hf adv. Kandekar present for defendant 02/MHADA.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for nm hearing to 29/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for nm hearing/order to 03/01/23.
l.o.at 03.44 pm.
Adv. Girish pawar hf adv. Suresh bhatt present plantiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Sameer Sarambalkar present for plaintiff and undertake to file VP and sought adjournment.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Chandramore present for defendant no. 03/MCGM.
Sister of plaintiff no. 03 is present.
Matter adjourned for nm hearing to 02/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Girish Pawar present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 03/MCGM.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 28/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None present for plaintiff.
Adv. khadangale present for defendant/MCGM.
Adv. Janhvi Kandekar present for defendant/MHADA.
As plaintiff and their adv. are absent, Matter adjourned for nm hearing/order to 25-04-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, and did not take steps to proceed with the Notice of Motion. Matter adjourned for dismissal order to 23-06-23.
l.o. at 02.54 pm.
Adv. Girish Pawar present for plaintiff and undertake to file vp on next date.
Adv. Harshita darji hf adv. Kandekar present for defendant/MHADA.
Next Purpose: DISMISSAL
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Plaintiff No.2 in person present.
Adv. Sameer Sarambalkar present for plaintiff.
Adv. Pushpa Thapa present for defendant No.2.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for NM hearing to 13.07.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Plaintiff No.3 in-person present.
Adv. Sarambalkar present for plaintiff.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant No.2.
Matter adjourned for NM Hearing to 17.08.2023.
Later on at 04.20 p.m.
Adv. Chandramore for defendant/BMC present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Sarambalkar present for plaintiff.
Adv. K.D. Jha present for defendant No.1.
Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant No.2.
Adv. Chandramore present for defendant/BMC.
On oral request of advocate for plaintiff, Matter adjourned for NM Hearing to 06.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: None present for plaintiff.
Adv. K.D. Jha present for defendant No.1.
Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant No.2.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for NM Hearing to 27.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Wasim Khan present for plaintiff and filed Vakalatnama on behalf of plaintiff. taken on record and marked as Exh. O-Filed.
Adv. K.D. Jha present for defendant No.1.
Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant No.2.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for NM Hearing to 12.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Adv. Kinjal Gogri h/f. Adv. Wasim Khan present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Matter adjourned for NM Hearing to 16.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. Chandramore present for defendant No.3/BMC.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Matter adjourned for NM Hearing to 20.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. K. D. Jha present for defendant No.1.
Adv. V. G. Shinde present for defendant No.3/BMC.
Matter adjourned for NM Hearing to 10.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. K. D. Jha for defendant No.1.
Adv. V. G. Shinde present for defendant No.3/BMC.
Matter adjourned for NM Hearing to 16.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. K. D. Jha for defendant No.1.
Adv. Apurva Dalal present for defendant No.3/BMC.
Adv.Harshada Darji h/f Adv.Kandekar for MHADA present.
Matter adjourned for NM Hearing to 20/09/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Adv. Kinjal Gogri h/f. Adv. Wasim Khan present for plaintiff. She prays for an adjournment. Adjournment is granted as last chance.
Adv. Apurva Dalal present for defendant No.3/BMC.
Adv. Shweta Yadav h/f. Adv. Kandekar for MHADA present.
On oral request of advocate for plaintiff, Matter adjourned for NM Hearing to 12.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. K. D. Jha for defendant No.1 present.
Adv. Apurva Dalal present for defendant No.3/BMC.
Matter adjourned for NM Hearing to 19.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: Adv. Wasim Khan present for plaintiff.
Adv. Rahul Rathod h/f. Adv. Apurva Dalal present for defendant No.3/BMC.
Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
Matter adjourned for NM Hearing to 22.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Adv. Wasim Khan present for plaintiff.
Adv. Apurva Dalal present for defendant No.3/BMC.
Court is busy dictating order on Notice of Motion No.2818/2024 in Suit No.5381/2024, matter adjourned for NM Hearing to 13.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: Adv. Wasim Khan for plaintiffs present.
Adv. K. D. Jha for defendant No.1 present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Adv. K.N. Kandekar for defendant/MHADA present.
Order in Execution Application No.82/2018
Plaintiff has filed present execution application to get order of this Court dated 12.02.2018 passed in NM No.1302/2016 and 3303/2016, executed.
Heard Mr. Wasim Khan Ld. Adv. for plaintiff/applicant. He submits that, after passing of the order dated 12.02.2018, plaintiff with the assistance of Bailiff and Police tried to get possession of suit tenement, however defendant No.1 and his family members obstructed them and that's why plaintiff could not put in possession of suit tenement. It is submitted that, the defendant No.1 faces some criminal cases.
Ld. Adv. for plaintiff points out bailiff report annexed with NM No.3589/2018 which reveals that, there is no separate entry for the occupants of second, third and fourth floor of the suit premises. The only way exist from the shop of defendant No.1. The ladies present in the shop of defendant No.1 obstructed plaintiff, bailiff and police to enter in to the shop. It is submitted that, till date plaintiff could not enter and occupy the suit tenement.
Mr. K. D. Jha Ld. Adv. for defendant No.1 disputes the allegations with respect to obstruction by defendant No.1. He further submits that, in fact there is a separate entrance, by the side of the shop along with a lift for the occupants of upper floors. He submits that, the bailiff report seems factually incorrect.
Mr. K.N. Kandekar Ld. Adv. for MHADA submits that, the MHADA vide letter dated 06.05.2014, has informed plaintiff to vacate the transit accommodation and shift to his tenement in the suit building. However till date, plaintiff for one or the other reason has not vacated transit camp room.
On aforesaid factual submissions, this Court expressed a view that, the MHADA being a independent body needs to inspect the suit premises and file report along with photographs of the suit premises so that, this Court can appreciate the grievance raised by plaintiff and defendant No.1. Mr. Kandekar as well Ld. Adv. for plaintiff and defendant No.1 readily agrees to the view of the Court. Hence, in the fitness of the case, I find it just and proper to request to defendant No.2/ M.B.R. and R Board to direct the office of Executive Engineer/D-2 Division, M.B.R. and R Board to visit the suit building i.e. Yusuf Manzil, Building No.294-296, Dr. D.B. Marg, Mumbai and prepare a report about the facility for access to upper floors of the said building. The report must clarify whether there is independent way to access the upper floors of the suit building. The report shall also have the photographs of the entrance and other parts of the building including the suit tenements. The report shall reflect current status of tenements i.e. room no.4 on second floor, room no.5 on third floor and room no.6 on fourth floor of Yusuf Manzil (i.e. whether occupied or vacant. If occupied by whom). If required MHADA shall seeks police assistance. Parties to co-operate.
The MHADA to file the report on or before 17.03.2025.
Matter adjourned for Report of MHADA/NM Hearing to 17.03.2025.
Authenticated copy allowed.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Adv. Wasim Khan for plaintiffs present.
None for defendant No.1.
Adv. K.N. Kandekar for defendant No.2/MHADA present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Mr. Giteshkumar R. Waghmare, Junior Engineer (Civil), appearing on behalf of defendant No.2/MHADA submitted report dated 12.03.2025 along with photographs. Report is taken on record and marked as Exh.9. O-Filed.
From the report it appears that, the access to upper floors through staircase is blocked by a shop namely Novelty Electronics. The shop seems to have constructed in the suit building No.294-296. Hence, the defendant No.2 and defendant No.3 shall file their response with respect to legality of said shop.
Ld. Adv. for plaintiff also prays short time to file certain documents showing that the construction by Novelty Electronic shop is illegal.
Matter adjourned for filing reply by defendants and documents by plaintiff and NM Hearing to 27.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: As per Office order NO.142 of 2025 dated 24.03.2025, The
Presiding Officer relieved from duty w.e.f. 27th March, 2025 (A.N.)
to attend Special program on NDPS Act, Prevention of Corruption
Act and other subject on 28th and 29th March, 2025 at MJA, Uttan,
Thane. Hence, matter adjourned for filing reply by defendants and
documents by plaintiff and NM Hearing to 08.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Adv. Wasim Khan for plaintiffs present.
Adv. K. D. Jha for defendant No.1 present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Despite order dated 17.03.2025, defendant No.2/MHADA and 3/BMC failed to file their response.
Ld. Adv. for plaintiff submits that, though the Ld. Predecessor of this Court has allowed the notice of motion no.1302/2016 and NM No.3330/2016 vide order dated 12.02.2018. Still the plaintiffs are not placed in possession of their respective suit premises.
The record reveals that, the possession warrant could not be executed owing to obstruction by defendant No.1.
This Court vide order dated 13.02.2025 had called upon report from MHADA about the current status of suit premises. Accordingly report is filed at Exh.9 dated 12.03.2025. The report clearly shows that, the approach of outside separate staircase is blocked by a shop namely Novelty Electronics where a shop is run and said staircase is in locked condition with plywood door on it.
In view of this clear report, the unauthorized and illegal blockage of the staircase needs to be removed at earliest. Hence, re-issue possession warrant. The Police In-charge of D.B. Marg Police Station to provide necessary Police Aid to the plaintiffs for taking possession of their respective flats. The plaintiff and the concerned Police are at liberty to remove the unauthorized blockage of staircase created by the owner/occupier of Novelty Electronics.
It is further clarify that, if the rooms/flats allotted to plaintiffs are in locked condition, the said lock may be break opened. The goods,articles contained therein, be seized and kept in the custody of plaintiffs by preparing necessary memorandum.
The MHADA and BMC to provide assistance to the Bailiff in above task, if required.
Matter adjourned for report to 18.06.2025.
Later on at 04.00 p.m.
Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: None present for plaintiff .
Adv. Apurva Dalal for defendant no.3/BMC present.
Last chance granted to plaintiff to work out pending NM, on failure further order will be passed on next date.
Matter adjourned for NM hearing to 02.07.2025.
L.O at 04.40 pm.
Adv. K. N. Kandekar for defendant no.2 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: Adv. Wasim Khan for plaintiff present.
Adv. Harshida Darji h/f. Adv. K. N. Kandekar for defendant No.2 present.
Adv. Apurva Dalal for defendant No.3/BMC present and seek time. Time granted as a last chance.
Matter adjourned for NM hearing to 13.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: Adv. Wasim Khan for plaintiff present and seek time for hearing. Time granted.
Adv. Harshida Darji h/f. Adv. K. N. Kandekar for defendant No.2/MHADA present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Mr. Santosh Nathu Bhilare, Junior Engineer, BMC present.
Matter adjourned for hearing on NM to 17.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Sister of plaintiff No.3 present and made statement that, plaintiff No.2 Vijaykumar is expired and seek time for bring legal heirs on record. Time granted.
Adv. Apurva Dalal for defendant No.3/BMC present.
Matter adjourned for steps to 15.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Adv. Arifa Shah i/b. Wasim Khan for plaintiff No.3 present and seek time to take steps.
Adv. Apurva Dalal for defendant No.3/BMC present.
Matter adjourned for steps to 27.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Matter adjourned for steps to 15.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: In view of office order No.14/2026 dated 12.01.2026, on account of Polling Day for General Election of Municipal Corporation in Mumbai Metropolitan region on 15.01.2026 is declared as holiday. Hence, matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Plaintiff is directed to take necessary steps in respect of death of plaintiff No.2. Accordingly last chance is granted.
Matter adjourned for steps to 04.04.2026.
Judge
Later on at 03.42 p.m.
Adv. Wasim Khan for plaintiff present and tendered registered Ch/s. No.3150/2025. Taken on record.
Matter is already adjourned for steps to 04.04.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: Plaintiff No.1 present.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Order below Exh.1
Last chance has been given to the plaintiff to bring LRs of plaintiff No.2 on record. But no application on today for that, hence keep the matter for necessary order.
Matter adjourned for necessary orders to 17.06.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Arif Shah i/b. Adv. Wasim Khan for plaintiff present.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Ld. Adv. for plaintiff brought to the notice that, already chamber summons is there for bringing LRs on record. Hence, matter adjourned for Ch/s. service as a last chance to 10.07.2026.
Next Purpose: SERVICE
Next Hearing Date: 10-07-2026
Date: 10-07-2026
Business: Adv. Anas Khan i/b. Adv. Wasim Khan for plaintiff present for short adjournment. O-Despite of last chance CS not served. Keep for dismissal order.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Matter adjourned for Ch/s. dismissal to 06.08.2026
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: 06/08/2026
As per Office order No. 219 of 2026 dated 21-07-2026 Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from 02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned to
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 07-09-2026
Date: 07-09-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
Adv. Wasim Khan for plaintiff present and tendered affidavit of service in respect of Ch/s. No.3150/2025. Taken on record. O-Filed.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Matter adjourned for Ch/s. reply to 16.09.2026.
Later on at 03.49 p.m.
Adv. Janhavi Kandekar h/f. Adv. K. N. Kandekar for defendant/MHADA present.
Judge
Next Purpose: C/S REPLY
Next Hearing Date: 16-09-2026Additional Case Details
Additional Case Details
Filing Number: 113021/2018 Filing Date: 25-09-2018 First Hearing Date: 17th October 2018 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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