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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Prakash Tukaram BaneVsMCGM +1 more

CNR MHCC01013414201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100446/2020
Registration Date
05 Feb 2020
Next Hearing Date
28 Oct 2026
Case Stage
ORDER

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Mr. Prakash Tukaram Bane

    Respondent

    1. 1MCGM
    2. 2Asst. Municipal Commissioner

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37

    Case History / Proceedings

    Case History
    Date: 04-03-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Due to Covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd. for NM reply/W/s.to 23.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 26.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Mr. Pal h/f Mr. Pratap Singh for plaintiff present.
Adv. Mr. Khandagale h/f Ms. Mhatre  for deft./MCGM present and requested for short adjournment.
Matter is adjourned for NM reply to 30.09.2021.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 24.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 19.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: H.H.J. gone to training, hence matter adjourned to 30-06-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 25.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Mr. Amin Patel h/f Adv. Pratap Singh for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
Adjourned for NM reply and WS to 15.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted as a last chance.
Adjourned for NM reply/WS to 08.12.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
Adjourned for NM reply and WS to 09.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Mr. Viraj Singh for the plaintiff is present and requested time to register NM. Since long, the NM is pending for registration and leave is not extended therefor. Still, considering his request, leave is extended to register NM till next date, subject to payment of costs of Rs.1,500/- (Rs. One Thousand five Hundred) in favour of D.L.S.A., Mumbai, till the next date. In default, the NM would stand dismissed.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed NM reply. TOR. It is marked at Exh. 03. O- Filed. Copy supplied to the other side.
Adjourned for costs/registration of NM/NM dismissal to 02.03.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Mr. Pratap Singh for the plaintiff is present and informed that the Order of costs is complied with. He also filed original registered NM No. 864/2023 along-with affidavit. TOR.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present and requested for time to file NM reply. Time is granted lastly.
Adjourned for NM reply and WS to 29.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present for the plaintiff.
Adv. Mr. Giri h/f Mrs. Chavan for defendant/MCGM is present and and requested for time to file NM reply and WS. Time is granted.
Adjourned for NM reply and WS to 06.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: None present for the plaintiff.
Adv. Ms. S.S. Chavan for defendant/MCGM is present and informed that the defendant already filed NM reply in this matter.
Adjourned for NM hearing to 05.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for NM dismissal to 20.10.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Adv. Mr. Shailesh Pal for the plaintiff is present. On his request, the caption is changed. The plaintiff is called upon to file written submissions on NM.
Adv. Mr. G.O. Giri h/f Adv. Chavan for defendant/MCGM is present.
Adjourned for written submissions on NM to 19.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Adv. Mrs. Luman h/f Adv. Pratap Singh for the plaintiff is present and requested time to file written submissions on NM. Sufficient time is already granted. Hence, time is granted strictly as last chance. Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for written submissions on NM to 16.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Adv. Mr. Pratap Singh a/w Adv. Viraj Singh for the plaintiff is present and filed written submissions on NM. Taken on record.
O- Filed. Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for written submissions on NM by defendant to 05.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Adv. Mr. Viraj Singh for the plaintiff is present.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present and requested time to file written submissions on NM. Time is granted.
Adjourned for written submissions on NM by defendant to 20.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Adv. Mrs. Luman h/f Adv. Mr. Pratap Singh for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present and requested time to file written submissions on NM. Granted.
Adjourned for written submissions on NM by defendant to 03.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Adv. Mrs. Luman h/f Adv. Mr. Pratap Singh for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant to 19.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant to 14.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: Adv. Mrs. Luman h/f Adv. Mr. Pratap Singh for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present. plaintiff has filed Written submissions on 16.04.2025 and then repeatedly adjourned for written submissions by BMC. But today it failed to file written submissions. Today advocate for BMC sought adjournment for hearing his request is discarded and NM is posted for Order.
Adjourned for NM Order to 01.04.2025.
Later on  advocate for defendant/BMC submitted that his NM reply be treated as written submissions on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. The Court is busy in dictating Judgment targeted SU No. 4721/2012.
Adjourned for NM Order to 29.04.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: Adv. Mr. Pratap Singh for the plaintiff is present and submitted that he want to make oral submissions on merits in NM. The matter is today listed for NM Order. The record shows that plaintiff has filed written notes of argument on 16.04.2024 and thereafter matter adjourned for written submission/argument by defendant/BMC. On 04.03.2025 advocate for defendant/BMC submitted that reply be trated as written submissions on NM. Hence, matter adjourned to 01.04.2025 for Order in NM but Court was busy in dictating Judgment in Targeted SU No. 4721/2012. Hence, matter adjourned today for Order. In such circumstance, request of the advocate for plaintiff for re-hearing of argument is discarded. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 5. 36 p.m. None present for the plaintiff. Rest appearance is as above.  F.R.S.R. Following Order is passed in NM No. 864/2023. ORDER (i). Notice of Motion No. 864/2023 stands dismissed. (ii). Notice of Motion No. 864/2023 is, accordingly, disposed of. Adjourned for draft issues to 03.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for draft issues to 20.09.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: court is on leave, hence adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: None present for the plaintiff.
Adv. Mr. Santosh Yadav for defendant/BMC is present.
Issues are framed (Exh-4)
Adjourned for Recording Evidence of plaintiff to 10/02/2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for filing documents/RE to 09.04.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for filing documents by plaintiff to 25.06.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Court is vacant.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: None present for the plaintiff to file documents and evidence. Hence, suit is posted for passing no evidence and document order. Adv. Mr. Santosh Yadav a/w Adv. Ms. Janhavi Mistry for defendant/ BMC is present.
Adjourned for passing no evidence/document order to 28.10.2026.
Next Purpose: ORDER
Next Hearing Date: 28-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 114223/2019
Filing Date: 20-12-2019
First Hearing Date: 04th March 2020
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    25 Nov 2025
    Order Details: Other
Pdf Text: Exhibit –4
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
L. C. SUIT NO. 446 OF 2020
Mr. Prakash Tukaram Bane. …. PLAINTIFF.
V/s.
MCGM and Anr. …. DEFENDANTS.
ISSUES
1. Whether the plaintiff proves that suit premises is
situated on slum land ?
2. Whether the plaintiff proves that he is eligible and
entitled for permanent alternate accommodation in
lieu of suit premises ?
3. Whether suit is bad for want of proper description of
the suit premises, in view of order VII rule 3 of
C.P.C. ?
4. Whether the suit is bad for want of notice under
section 527 of MMC Act?
5. Whether the plaintiff is entitled to relief of
declaration as sought ?
6. Whether the plaintiff is entitled to relief of perpetual
injunction as sought ?
7. What order and decree ?
(V.R. Jagdale)
Mumbai. Judge,
Dated : 25.11.2025. City Civil Court, Mumbai.
-- 1 of 1 --
    Order 1
    25 Nov 2025
    Order Details: Other
Pdf Text: Exhibit –4
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
L. C. SUIT NO. 446 OF 2020
Mr. Prakash Tukaram Bane. …. PLAINTIFF.
V/s.
MCGM and Anr. …. DEFENDANTS.
ISSUES
1. Whether the plaintiff proves that suit premises is
situated on slum land ?
2. Whether the plaintiff proves that he is eligible and
entitled for permanent alternate accommodation in
lieu of suit premises ?
3. Whether suit is bad for want of proper description of
the suit premises, in view of order VII rule 3 of
C.P.C. ?
4. Whether the suit is bad for want of notice under
section 527 of MMC Act?
5. Whether the plaintiff is entitled to relief of
declaration as sought ?
6. Whether the plaintiff is entitled to relief of perpetual
injunction as sought ?
7. What order and decree ?
(V.R. Jagdale)
Mumbai. Judge,
Dated : 25.11.2025. City Civil Court, Mumbai.
-- 1 of 1 --

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