Shakir Rampuri KhanVsMCGM +2 more

Date: 20-09-2019
Business: Adv. Mr. Holamagi for the Plaintiff present.
Application for leave u/s 80 (2) of the CPC tendered by the Plaintiff. t.o.r. Considering urgency in the matter, leave is granted as prayed for.
KB
LO at 3.25p.m.
Adv. Mr. Holamagi for the Plaintiff present.
Adv. Subhedar for deft no. MMRDA present
Adv. Ms. Chandramore for BMC/Defendant no. 3 present.
Perused documents and more particularly notice dtd 13.09.2019. Perused exh. E and F to the plaint. It Prime facie reveals that in respect of structure admeasuring 4ft X 18ft, there is possession of the Plaintiff in view of letter of MMRDA dtd 8.12.2009 to the brother of the Plaintiff being temporarily transit accommodation of the said shop. It appears that Defendant no. 3 has issued notice and therefore, the Plaintiff has come before the court. Hence, in view of documents tendered by the Plaintiff, it is just and proper to give directions to the parties to the suit to maintain status-quo in respect of structure admeansuring 4ft X 18ft till next date.
The Plaintiff is directed to make compliance O-39 R-3 of the CPC and failure to make compliance, status-quo order will be vacated automatically.
Issue writ of summons to the defts on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post or speed post.
Matter is adjd. to 7.10.2019 for proof of service of writ of summons and N/M.
Authenticated copy of roznama be supplied to the Plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: None present  for the Plaintiff.
Adv. Ojha for Defendant-3 present.
Vakalatnama tendered by Defendant no. 3. t.o.r. O-filed.
Earlier ad interim order be continued till next date.
Matter is adjd. to 13.01.2020 for proof of service of writ of summons of Defendant-1 and 2/ WS and reply by Defendant-3.
LO at 6.05p.m.
Adv. Mr. Holamagi for the Plaintiff present.
Original registered N/M No. 3594/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Already matter adjd to 13.01.2020
Next Purpose: SERVICE
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: None for plaintiff.
Adv. Dubey for defendant no.3 is present.
Adv.Chandramore for defendant no.1 and 2 present.
Copy of reply and WS of defendant no.3 is served on clerk of plaintiff.
Matter is adjd.to 18/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Holmagi  for plaintiff is present. He seeks time for tendering rejoinder. O Granted as a last chance.
Adv. Chandramore for defendant no. 1 and 2 is present.
Adv. Oza for defendant no. 3 is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for rejoinder to 27/02/2020.
Next Purpose: REJOINDER
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adjd.
Next Purpose: REJOINDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.  Holmagi for the Plaintiff present seeks an adjournment on the ground of illness.  Other side has no objection.  With consent, matter is adjd.
Adv. Ms. Chandramore for Defendant No.1 and 2 present.
Adv. Oza for D/3 present.
Earlier order continued till next date.
Matter is adjd. to 26/3/2020 for rejoinder and hearing.
Next Purpose: HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Adv. Mr. Holamagi for the plff present.
Earlier order to continue till next date.
Matter is adjd. to 06.02.2021.
Next Purpose: HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 12/04/2021 for NM hearing.
KB
L.O.
Adv. Mr. Holamagi for the plaintiff.
Adv. Mr. Ankit Ojha for the defendant No.3.
Ad-interim relief if any to continue till next date.
Last chance is granted for argument.
On oral request of the defendant No.3, matter is adjd. to 15/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for plaintiff.
Adv. Chandramore for defendants No.1 and 2.
Adv. Mr. R. K. Dubey for the defendant No.3.
Last chance was granted for arguments. However, today,  the plaintiff and his advocate remained absent. Hence, NM No.3594/2019 is dismissed for want of prosecution.
Defendants No.1 and 2 have failed to file WS. Hence, the suit to proceed without WS against them.
Matter is adjd. to 03/05/2021 for discovery and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: FOR___________________
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
Matter is adjd. to 20.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 25.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: None present  for plaintiff.
Adv. R. P. Oza present for defendant 03 and he tendered affidavit in reply to nm no. 1069/2021.
Defendant no. 01 and 02 failed to file reply to nm no. 1069/2021. Hence, nm no. 1069/21 is proceeded without reply of nm no. 1069/21.
Matter adjourned for hearing on  nm 1069/21 to 23/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: None present for plaintiff.
Adv. Ankit Oza present for defendant 03.
Adv. Chandramore present for defendant/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for nm hrg./order to 25/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022

Date: 19-08-2022
Business: None present for plaintiff.
Adv R.P. Ojha present for defendant no. 03.
Adv Chandramore present for defendant no. 01.
From the record it appears that, plaintiff and his Adv are absent since long and they did not take steps to proceed further with the Notice of Motion no. 1069/21 and therefore matter is kept for dismissal order of Notice of Motion no. 1069/21. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the Notice of Motion no. 1069/21. Therefore, it will be appropriate to dismiss the Notice of Motion no. 1069/21 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, Notice of Motion no. 1069/21 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Plaintiff to produce original registered Notice of Motion no. 1069/21 for record.
Matter adjourned for No Written Statement against defendant no. 02 to 26.09.22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 01 and 02/MCGM.
Adv. Ankit Oja present for defendant no. 03 and sought adjournment for filling WS.
Matter adjourned for no Ws order to 06/10/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None present for plaintiff.
Advocate R.P. Ojha present for defendant no. 03 and submitted that Written Statement of defendant no. 03 is already on record at Exh-03.
From the record it appears that, inspite of just opportunity, defendants no. 01 & 02 failed to filed reply their Written Statement, Hence, Suit be proceeded without Written Statement of defendant no. 01 & 02.
Matter adjourned for Issues to 01.11.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None present for plaintiff.
Adv. Oja present for defendant 03.
Issues are framed at Exh. 04.
Matter adjourned for to 01/12/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present for plaintiff.
Adv. R. P. Ojha present for defendant.
Adv. Chandramore present for defendant/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for RE/order to 10/01/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant no. 01 and 02/MCGM.
Adv. R. P. Ojha present for defendant no. 03.
As plaintiff and his adv. are absent, Matter adjourned for RE/dismissal order to 13/02/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None present for plaintiff.
Advocate Chandramore for defendant No.1 and 2 present.
Advocate R.P. Oza present for defendant No.3.
From the record it appears that plaintiff and his advocate are absent. Since long they did not adduce evidence.
Matter adjourned for dismissal to 18.2.23.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present for plaintiff.
Adv. Kirti ojha present for defendant no. 03.
None present for other defendants.
l.o. at 02.47 pm.
None present for plaintiff.
From the record it appears that, plaintiff and his advocate are absent since long and did not take steps to proceed further with the suit and did not adduce evidence. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. From the record it appears that, the Notice of Motion No. 01 of 2019 is not tendered on the record. AS the suit is disposed off, Notice of Motion no. 01 of 2019 does survive. Hence, Notice of Motion no. 01 of 2019 is also disposed of. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 18-02-2023

NOTICE OF MOTION/103594/2019
NOTICE OF MOTION/101069/2021

Registration Number: 102493/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102493/2019
Transfer Date: 22-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 116998/2018
Filing Date: 25-12-2018
First Hearing Date: 20th September 2019
Decision Date: 18th February 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE