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NOTICE OF MOTION

Mr Kamlaprasad Shivsaran PathakVsMCGM

CNR MHCC01000160201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 28th August 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100063/2018
Registration Date
05 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-01-2018
    Business: Plaintiff present. Advocate absent.
    Advocate Mr. Khandagle for BMC/deft present.
    Advocate for the Defendant seeks adjournment. Granted as a very very last chance, with directions to the Defendant to file reply on next date and failure to which further orders will be passed against the Defendant.
    Matter adjd to 19.03.2018 for Ch/s reply/ N/M reply/ passing no w.st order.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2018
    
    Date: 19-03-2018
    Business: Adv V.T. Dubey for Plaintiff present.
    Adv Khandagale for BMC/ Defendant no.1 and 2 present.
    Adv Nashikwala for defendant no.3 present.
    Adv for plaintiff filed original Notice of Motion 63/18 and Chamber Summons 38/18.
    Reply to notice of motion 63/18 tendered by Defendant no. 1 and 2 t.o.r. - filed.
    Mr. Vivek Kadam sub-engineer/Road engineer present.
    Matter adjd to 20-03-2018 for compliance by the Plaintiff for alloted alternate accommodation.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-03-2018
    
    Date: 20-03-2018
    Business: Adv. Mr. V.T. Dubey for Plff. present.
    Adv. Mrs. Tondwalkar h/f Adv. Mr.Khandagale for Deft. Nos.1 and 2/BMC present.
    Adv. Mr. Pratap F. Singh for Deft. No. 3 present.
    Adv. for Plff. filed list of documents.  T.O.R.
    Mr. Vivek Kadam, Sub Engineer/Road Engineer, \''L\'' Ward present.
    As per the directions of the Court, today  the Plaintiff has made compliance and handed over the undertaking and 10 photographs to Mr.Vivek Kadam, Sub Engineer/Road Engineer, \''L\'' Ward  before the court.  Copy of the undertaking is filed before the Court.
    Deft. No.3 has failed to file W/St. within  stipulated period. Hence no W/st. order is  passed against Defendant No.3.
    Adv. for Deft. Nos.1 and 2 seeks adjournment for filing W/st.  Granted as very  last chance.
    Earlier order to continue till the next date.
    Matter is adjd. to 09.04.2018  for pointing out specifically the said flat in view of letter dtd.16.03.2017 by the Defts./N/M hearing/Ch/s. reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-04-2018
    
    Date: 09-04-2018
    Business: As the Court is busy in hearing ad-interim matters, hence board is discharged.
    Earlier order to continue till the next date.
    Matter is adjd. to 04/06/2018  for N/M reply/rej.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-06-2018
    
    Date: 04-06-2018
    Business: Adv V T Dubey for the plaintiff present.
    Adv Hajare for def no.1 and 2/BMC present.
    Def no.3 present.
    Adv Pratap Singh for def no.3 present.
    Earlier order to continue till next date.
    Adjourned to 11.06.2018  for NM reply rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2018
    
    Date: 11-06-2018
    Business: Plaintiff present.
    Adv V T Dubey for the plaintiff present.
    Adv Hajare for the def/BMC present.
    Earlier order to continue till next date.
    At the request of adv for the def /BMC Adjourned to 21.07.2018  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-07-2018
    
    Date: 21-07-2018
    Business: Plaintiff present.
    Adv N K Dubey h/f adv V T Dubey for plaintiff present.
    Adv Khandagale for def nos.1 and 2/BMC present.
    Adv Pratap Singh for def no.3 present.
    KB
    LO at 3.50 pm
    Plaintiff present.
    Adv N K Dubey h/f adv V T Dubey for plaintiff present.
    Adv Khandagale for def nos.1 and 2/BMC present.
    Adv Pratap Singh for def no.3 present.
    Earlier order to continue till next date.
    By consent matter adjourned to 27.07.2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2018
    
    Date: 27-07-2018
    Business: Court is vacant. Hence board is discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-08-2018
    
    Date: 23-08-2018
    Business: Matter adjd.for Rejoinder to 3.10.18.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Business: Advocate for Plaintiff
    Advocate for BMC/Deft present.
    Earlier order to continue till next date.
    Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 14/11/2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Plaintiff present.
    Advocate V.T.Dubey for plaintiff present.
    Advocate Mr. Giri for defendant /MCGM present and sought time to make statements about the observations in roznama dated 20.03.2018.  Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 09.08.2019 for compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
    Advocate Mr. Giri for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 07.09.2019  for compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: As Court is busy in dictating Judgment in Suit No. 3206/09 and NM order in suit no. 850/13 and also in hearing urgent ad-interim matters in SU no. 2398/19 and 2399/19. The board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 16.10.2019 for compliance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
    Advocate Ms. Chavan for defendants 1 and 2/MCGM present.
    Advocate P.F.Singh for defendant no. 3 present.
    Considering the subject matter and the efforts in the direction of settlement, matter is referred for mediation.
    Earlier order to continue till next date.
    The case is adjourned to 19.12.2019 for Mediation report.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Mishra h/f Dubey for plaintiff present.
    Adv. Mhatre for deft./MCGM present.
    Adv. Pratap Sigh for defendant no.3, prayed for adjournment to file reply.
    Received report of mediation-failed.
    Earlier order to continue till next date.
    Matter is adjd. 12.02.2020 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv. Mr. N.K. Dubey for Plaintiff present.
    Adv. Mrs.Tondwalkar for deft.nos. 1 and 2/MCGM present.
    Adv. Mr. Pratap Singh for deft no.3 present.
    Both side submits that matter is likely to be settled, prayed for adjd.
    Earlier order, if any, to continue till next date.
    Matter is adjd.for settlement on 26.02.2020.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv. Mr. V.T. Dubey for plff. present.
    Adv. Mrs. Mhatre for deft.nos. 1 and 2/MCGM present.
    Adv. Mr. Pratap Singh for deft no.3 present.
    Plff is present.
    At the request of both side, next date 06.03.2020 is given.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for settlement on 06.03.2020.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for on Settlement on 28.04.2020.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lockdown
    Next Purpose: SETTLEMENT
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: National Lockdown
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Business: Adjd. to
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Reason For Adjournment: court time is over
    Next Purpose: SETTLEMENT
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Next Purpose: SETTLEMENT
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Next Purpose: SETTLEMENT
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Due to Covid 19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: CORAM-H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. No.11)
    Adv. N.K. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for settlement to 29.09.2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. N.K. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Defendant no. 3 present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for Settlement to 10.11.2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Mukesh Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For Settlement to 20.12.2021.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Mr. V.T.Dueby for plaintiff is present.
    Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Pal for defendant No. 3 is present.
    In view of the roznama dated 20.03.2018, Adv. for the defendant Nos. 1 and 2 requested for short date for compliance.
    Earlier order, if any, to continue till the next date.
    Adjourned for C/S reply/compliance to 02/02/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant No.1/MCGM is present.
    Adv. Mr. Pal for defendant No. 3 is present.
    Considering the earlier roznama and issue involved in the matter, the concerned officer - Mr. Sagar Patil, Maintenance Department, is directed to remain present with updates on the issue of alternate accommodation as ordered by this Court on 19.03.2018.
    Earlier order, if any, to continue till the next date.
    Adjourned for C/S reply to 18.02.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: The plaintiff is present.
    Adv. Ankit Dubey for the plaintiff is present.
    Adv. Pratap Singh for defendant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Shri. Sagar Patil, Sub Engineer, Maintenance department is present and made the statement before this Court that 15 days more time is required to handover the possession of the room. He further submitted that the said room is identified and required process is going on. On his statement, the matter is adjourned.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/NM reply to 11.03.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Plaintiff in person is present.
    Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant Nos.1 and 2/MCGM is present.
    Adv. Mr. Shailesh Pal for defendant No.3 is present.
    Mr. Sagar Patil, Sub-Engineer, Maintenance Department is present. He submitted that after verifying the record, he would be able to make the state/compliance. Time granted strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance to 23.03.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Mr. V.T. Dubey for plaintiff is present.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Pratap Singh for defendant No.3 is present and filed application for adjournment. TOR. It is marked at Exh. 06.
    O-  Granted.
    Mr. Sagar Patil, Sub-Engineer, \''L\'' Ward is present and submitted that the MCGM has already complied with his part and the room is communicated to the concerned. It is also communicated on record.
    KB LO at 4.50 pm.
    Advocate for defendant No. 03 filed the undertaking on behalf of defendant No. 03. it is marked at Exh. 07. O-Filed.
    Defendant No. 3 Mr. Firoz Jainuddin Mantri is present. He admitted his signature and contents of this undertaking. Hence, it is taken on record.
    Advocate for the plaintiff denied any such communication from the MCGM. Hence, in view of the above referred statement of Shri. Patil and the undertaking, the plaintiff is called upon to take appropriate steps.
    Earlier order, if any, to continue till the next date.
    By consent, adjourned for steps to 18.04.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
    Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present
    Earlier order, if any, to continue till the next date.
    Adjourned for taking steps to 06.05.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Plaintiff in person is present.
    Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Defendant No. 3 is present and submitted that his anxiety is that advocate for both the sides should decide amicably the next course of action. On inquiry, the advocate for plaintiff informed that he is not aware about any such communication till today. Hence, the matter is adjourned for steps on behalf of defendant No. 03.
    Earlier order, if any, to continue till the next date.
    Adjourned for steps to 27.06.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Plaintiff in person is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. Mr. Prtap Singh for defendant No.2 is present.
    Mrs. Kavita Janardan Aware, Estate Officer, N&T Ward is present.
    Mr. Sagar Gajanan Patil, Road Engineer, \''L\'' Ward is present.
    KB LO at 03:47 pm.
    Adv. Ms. Vijayarani Prasad for plaintiff is present and orally requested time for taking steps. Advocate for defendant No. 2 has no objection for granting the time.
    Earlier order, if any, to continue till the next date.
    By consent, matter is adjourned for steps to 13.07.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Plaintiff in person present.
    Adv. Mr. Khandagale for defendant No.1/MCGM is present.
    Adv. Viraj Singh for defendant No. 2 is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for steps to 19.08.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Mrs. Vijayarani Prasad for the plaintiff is present.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    KB LO at 03:39 pm.
    Adv. Mr. V.T. Dubey for the plaintiff is present. He submitted that defendant No. 3 is absent, even after filing of his undertaking.
    Adv. Mr. Viraj Singh for defendant No. 3 is present and submitted that defendant No. 3 is not keeping well.
    The record shows that sufficient time is lapsed for settlement of terms between the parties and the matter is lying as it is. Therefore, to avoid further delay, the parties are directed to proceed further.
    Earlier order, if any, to continue till the next date.
    Adjourned for Ch/s reply/NM reply to 01.10.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Adv. N.K. Dubey for the plaintiff is present.
    Adv. Khandagale for defendant. Nos. 1 and 2/MCGM is present.
    Adv. Shailesh Pal for defendant No. 3 is present and orally requested for time to file Ch/s reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without Ch/s reply of defendant No. 3.
    Earlier order, if any, to continue till the next date.
    Adjourned for Ch/s hearing/NM reply and WS to 07.12.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Pratap Singh for defendant No. 3 is present.
    KB LO at 03:33 pm.
    Advocate for the defendant Nos. 1 and 2 endorsed say on Ch/s.
    Reply-cum-WS is already filed. It is marked at Exh. 08.
    Heard both the sides on Ch/s No. 38/2018.
    Earlier order, if any, to continue till the next date.
    Adjourned for Ch/s Order to 21.12.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Ms. Vijayarani for plaintiff is present.
    Adv. Mrs. J.V. Mhatre for the defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Shailesh Pal for defendant No. 3 is present.
    The Court is busy in hearing urgent matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for Ch/s. Orders to 13.01.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present
    Adv. Mr. S.C. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Shailsh Pal for defendant No. 3 is present.
    KB LO at 04:30 pm.
    The Court is busy in hearing urgent praecipe matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 02.02.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: The plaintiff is present in person.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    None present for defendant No. 3.
    KB LO at 04:00 pm.
    F.R.S.R. the following Order is passed on Ch/s No. 38/2018:
    -: O R D E R :-
    (i).	Chamber Summons No.38/2018 is made absolute in
    	terms of prayer Clause (a) only., subject to payment of 	costs
    	of Rs.1,500/-(Rs. One Thousand Five Hundred) in favour of
    	the D.L.S.A.,Mumbai, positively till the next date.
    (ii). 	On the payment of the costs, the plaintiff is called upon to
    	carry out the proposed amendment in the plaint, within two
             weeks, and to file 	copy of amended plaint simultaneously.
    
    (iii).  Chamber Summons No. 38/2018, accordingly, stands
    	disposed of.
    Earlier order, if any, to continue till the next date.
    Adjourned for costs/compliance/NM hearing to 15.02.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv. Ms. Prasad for the plaintiff is present and filed the amended copy of plaint. TOR. It is marked at Exh.01/A. O- Filed. Copy is supplied to the other side.
    Adv. Mr. S.C. Khandagale for defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Sahilesh Pal for defendant No.3 is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for additional WS/NM hearing to 03.04.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Prasad present for the plaintiff.
    Adv. Mr. Pal present for the Defendant No. 2.
    Adv. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for Written Statement to 06.05.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
    Adv. Mrs. S.S. Chavan h/f Adv. Giri for defendant Nos. 1 and 2/
    MCGM is present and requested for time to file additional WS. Time is granted strictly as a last chance.
    Adv. Mr. Shailesh Pal for defendant No. 3 is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for additional WS to 26.06.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present and orally requested for time to file additional WS. Time is granted.
    Adv. Mr. Pratap Singh for defendant No.3 is present.
    Earlier order, if any, to continue till next date.
    Adjourned for additional WS to 26.07.2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Adv. Ms. Prasad for the plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present and requested time to file additional WS. Sufficient time is granted. Hence, this request is discarded.
    Adv. Mr. Shailesh Pal for defendant No.3 is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 13.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: By Praecipe matter is taken on today''s board.
    Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. G.O.Giri for defendant Nos. 1 and 2/MCGM is present.
    Adv. Mr. Pratap Singh for defendant No.3 is present and filed application for direction to plaintiff to enter in consent term. TOR. It is marked as Exhibit 9. O- Other side to say. Copy is supplied to the other side. Defendant No.3 is present in person.
     By consent, the matter is preponed for say on Exh.9/NM hearing to 28.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: The plaintiff - Mr. Kamla Prasad Pathak is present in person.
    Adv. Mr. V.T. Dubey for the plaintiff is present and endorsed say on the application Exh.9. On his request, the matter is kept back.
    Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present.
    Defendant No. 3 - Mr. Firoz Mantri is present in person.
    Adv. Mr. Viraj Singh for defendant No.3 is present.
    LO 4.30 p.m.
    The appearance is as above.
    Adv. Mr. Pratap Singh is present for defendant No.3. He not pressed the application Exh.9. Hence, it stands disposed of as not pressed.
    The plaintiff and defendant No.3 along-with their representing advocates jointly filed consent terms. TOR. It is marked as Exhibit 10. The plaintiff and defendant No.3 personally verified and admitted these contents to be true. As per terms, even defendant No.3 admitted to have received the keys and the plaintiff confirmed to have received Demand Draft of Rs. 35 Lakh. O- The consent terms are duly verified from the parties and filed.
    In view of the consent terms Exhibit 10, the plaintiff submitted that he is not willing to proceed with the suit and wants to withdraw the same.
    The advocate for the plaintiff filed application for withdrawal of the suit. TOR. It is marked as Exhibit 11. O- Other side to say. Say filed by the advocate for defendant Nos. 1 and 2. Heard. O- As the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. The suitable order follows below Exh.1.
    Order below Exhibit 1:
         In view of the Order on the application (Exh. 11), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, along-with NM Nos. 1410/2017 and 63/2018, are, therefore, disposed of as filed. The parties to bear their costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
    Nature Of Disposal: OTHER
    Disposal Date: 28-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100194/2018
    Filing Date: 05-01-2018
    First Hearing Date: 08th January 2018
    Decision Date: 28th August 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Aug 2023

    Order Details: Other Pdf Text: 28.08.2023 Sr. No. 35 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 704/17 NM 1410/17 NM 63/18 Exh.10 Exh.11 The plaintiff - Mr. Kamla Prasad Pathak is present in person. Adv. Mr. V.T. Dubey for the plaintiff is present and endorsed say on the application Exh.9. On his request, the matter is kept back. Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present. Defendant No. 3 - Mr. Firoz Mantri is present in…

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