Date: 20-02-2020
Business: Adv.Ghart h/f Adv. Nair for for plaintiff present and tendered Original NM 64/2020.t.o.r.
Adv. D.B.Shukla applicant present and filed V/P Exh-2,t.o.r.it is marked at Exh-2 and also tendered draft Chamber Summons along with affidavit in support. Leave to register is granted. Copy is served to other side.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Adv. Patil file reply cum W/S. t.o.r. at Exh-3.
Matter adjd to 23.04.2020 for NM hrg/ch/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Business: National lock down - 4
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: Adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv.Mr.Gharat h/f Adv Mangesh Naik for plaintiff present.
Adv.Mr.Khandagale h/f Adv Smita Chagan for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 04.02.2021 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present.
None for applicant.
Applicant is directed to register the Ch/s till next date.
Matter adjd to 23/03/2021 for Ch/s Reply and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. Gharat h/f Adv. Mangesh Naik for plaintiff present and tendered reply to draft Ch/s filed by applicant. TOR. Copy is served to other side.
Adv. Ms. Smita Chavan for deft/MCGM present and submits that she will be not filing reply to Ch/s.
Adv. Sudhakar Shetty for applicant present.
Applicant is directed to register the draft Ch/s till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 10/06/2021 for Ch/s and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: CORAM H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
None for plaintiff.
None for defendant / MCGM (N-Ward).
Adv M.H. Shaikh for applicant present and and tendered original registered Ch/s No.677/2021 along with affidavit in support thereof. TOR.
Plaintiff is directed to register the Suit till next date.
Earlier order, if any, to continue till next date.
Adjd. To 30/09/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
None for applicant.
K.B.
L.O. at 4.30 p.m.
Adv Mangesh Naik for plaintiff present.
None for defendant / MCGM (N/Ward)..
Adv Dinesh Mishra for applicant present.
Applicant is directed to tender original ch/s on next date.
Plaintiff is directed to register the Suit till next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/10/2021 for compliance / reply to Ch/s by defendant / MCGM / Ch/s and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Mangesh Naik for plff present.
None for deft. / MCGM.
None for applicant.
Earlier order, if any, to continue till next date.
Matter is adjd to 30/11/2021 for compliance / reply to Ch/s by deft. / MCGM / N/M hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Mangesh Naik for Plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
Adv. Dinesh Mishra for applicant present and tendered original registered Ch/s. No. 676/2021 along with affidavit in support thereof. TOR.
Advocate for Defendant/MCGM has given say on Ch/s. No. 676/2021 itself.
Earlier order, if any, to continue till next date.
Matter is adjd to 08/02/2022 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 24/03/2022 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Mangesh Naik for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Adv R.S. Dubey h/f Adv Shukla for applicant present.
K.B.
L.O. at 3.20 p.m.
Same appearance.
On oral request of advocate for applicant, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/04/2022 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv Prasad Thonse for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Adv Dinesh Mishra for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 28/06/2022 for NM and Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Mangesh Naik for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and submitted to pass necessary order on Ch/S.
Adv. Dinesh Mishra for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 30/06/2022 for N/M and C/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Mangesh Naik for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and submitted to the Court to pass necessary order on Ch/S No. 676/2021.
Adv. Dinesh Mishra for applicant present.
Heard arguments of both sides on Ch/S No. 676/2021.
Earlier order, if any, to continue till next date.
Adjd. to 05/07/2022 for order on Ch/S No. 676/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. R. S. Dubey for applicant present and tendered pursis along with list of document, TOR and marked as Exh. 5. Copy be supplied to other side.
K.B.
L.O. at 03.45 p.m.
None for plaintiff.
Adv. M. S. Singh h/f Adv. R. S. Dubey for applicant present.
Copy of Exh. 5 be supplied to plaintiff.
Earlier order, if any, to continue till next date.
Adjd. to 19/07/2022 for hrg. on Exh. 5.
L.O. at 04.05 p.m.
Adv. Nikhil Hate h/f Adv. Mangesh Naik for plaintiff present.
Already adjd. to 19/07/2022 for hrg. on Exh. 5.
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mangesh Naik for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Dinesh Mishra for applicant present.
Heard both sides on Ch/S No. 676/2022
Earlier order, if any, to continue till next date.
Adjd. to 28/07/2022 for order on Ch/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Tejasvi Thorat for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Adv. Abhishek Chaturvedi for applicant present.
F.R.S.R. following order is passed on Chamber Summons No. 676/2021.
ORDER
1. Chamber Summons No. 676 of 2021 in terms of its prayer clause (a) is allowed.
2. The plaintiff is directed to carry out necessary amendment within prescribed time.
3. the plaintiff to provide copy of amended plaint.
Earlier order, if any, to continue till next date.
Adjd. to 20/08/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Mangesh Naik for plaintiff present and filed application for extension of time to carry out amendment, TOR and marked as Exh.6. O - Other side to say.
Adv. Mrs. Rawade for defendant/ BMC is present and has given say on Exh.6 overleaf.
Order below Exh.6 - Considering the reason time extended till next date.
Earlier order, if any, to continue till next date.
Adjd. to 22/09/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Nikhil Hate for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/10/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Tejaswi Thorat for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Plaintiff is also present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 08/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Mangesh Naik for plaintiff present and submitted that due to his health problem amendment could not be carried out within a prescribed time limit. He further submitted that plaintiff is present and requested permission to carry out amendment.
Adv. Mrs. Rawade for defendant/ BMC is present and submitted to pass necessary order.
Adv. Bhushan Mengade for applicant present and submitted that he has no objection for permitting the plaintiff to carry out amendment as per order dated 28/07/2022. Therefore, considering the submission made by Adv. for the parties permission to carryout amendment is granted.
Earlier order, if any, to continue till next date.
Adjd. to 12/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Nikhil Hate h/f Adv. Mangesh Naik for plaintiff present and requested time to serve the copy of amended plaint.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present and submitted that inspite of direction plaintiff has not served copies of amended plaint. Hence, suit be rejected. On the request of plaintiff matter is adjourned with direction to the plaintiff to serve the copy of amended plaint.
Adv. Bhushan Mengade h/f Adv. Shukla for defendant No.3 present.
Earlier order, if any, to continue till next date.
Adjd. to 21/02/2023 for N/M hrg./ supply copy of amended plaint by plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Nikhil Hate h/f Adv. Mangesh Naik for plaintiff present.
Adv. Mrs. Mhatre for defendant Nos.1 and 2/ BMC is present.
Adv. Vrushabh Mengade h/f Adv. Shukla for defendant No.3 present.
Earlier order, if any, to continue till next date.
Adjd. to 23/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2023
Date: 21-02-2023
Business: Adv. Nikhil Hate h/f Adv. Mangesh Naik for plaintiff present.
Adv. Mrs. Mhatre for defendant Nos.1 and 2/ BMC is present.
Adv. Vrushabh Mengade h/f Adv. Shukla for defendant No.3 present.
Earlier order, if any, to continue till next date.
Adjd. to 23/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv Mr. Nikhil Hate h/f. Naik for plaintiff present.
Adv Ms. Mhatre for deft no.1 and 2/ BMC present.
Adv Mr. Rushabh for deft no. 3 present.
He requested time to file w/s.
Earlier order is continued till next date.
Matter is adj to 18/04/2023 for w/s and n/m reply of deft no. 3.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Hate for plaintiff present.
Adv. Ms. Mhatre for defendant no.1 and 2/ BMC present.
Adv. Bhushan Mengade for defendant no.3 present and request for time to file reply to N.M. O- Granted.
Adjd. to 15/06/2023 for W.S. and N.M. reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Adv. Hate h/f adv. Mangesh Naik for plaintiff present.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
Adv R.S. Dubey for defendant No. 3 present and seek time to file WS however statutory period is over, hence adjourned for No WS order.
Earlier order, if any, to continue till next date.
Adjd to 18.07.2023 for NM Hearing/ No WS order against defendant No. 3
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Advocate Nikhil Hate h/f Adv. Naik for plaintiff present and submitted that Sr. Adv. Naik is at Belapur Sessions Court and seeks time to argue NM. Hence, Time is granted.
Adv R.S.Dubey for defendant No. 3 present.
Advocate Mhatre for defendant No.1 and 2/BMC present.
Keep back
L.O. 5.00 p.m.
Rest of Same appearance
Advocate def No. 3 filed WS marked as Exh. 7 and submitted that he will serve copy upon corporation.
Adv for def No. 3 tendered pursis Marked as Exh. 8 to adopt WS as NM Reply.
Adjd to 03.08.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Advocate Mangesh Naik for plaintiff present.
Adv. D. R. Mishra for Defendant No. 3 present
Advocate Mhatre for defendant No.1 and 2/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 05.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Matter already adjourned 17.10.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Advocate Mangesh Naik for plaintiff present.
Adv. B.R. Gupta deft No. 2 present.
Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 30.11.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Advocate Nikhil Hate h/f Mangesh Naik for plaintiff present and submitted that Sr. Adv had been to hospital with his Mother and requested time to argue NM. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 14.12.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv. Naik for Plff. present.
Adv. Mrs. Mhatre for No.1/BMC present
Adv. for Deft.No.2 present.
Earlier Order, if any, to continue till next date.
Adjd. to 11/01/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: None present for plaintiff.
Adv D.R. Mishra for deft No. 3 present.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
keep back
later on 4.45 p.m.
Plaintiff and Adv are absent
Wife of plaintiff submitted that their Adv is at native place. Hence Advocate is absent today. Hence matter adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 02.02.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: Advocate Mangesh Naik for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adv D. R. Mishra deft No. 2 present.
On request of both the advocates matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 01.03.2024 for NM Hearing
Later on
Adv Naik for plaintiff tendered application for production of document Exh. 9 alongwith list of document marked as Exh .10 O- Other side to say.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Advocate Aarti Surve h/f Mangesh Naik for plaintiff present and tendered application for adjournment. Marked as Exh. 11. O-Granted as a last chance.
Advocate Jyoti Patil- Mhatre for defendant No.1 and 2/BMC present and has given say on Exh. 9 overleaf.
Order on Exh. 9 – Production allowed.
Exh. 12 List of documents.
Adv. D. R. Mishra for defendant No. 3 present.
Earlier order, if any, to continue till next date.
Adjd to 14.03.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Advocate Mangesh Naik for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant No.1 and 2/BMC present.
Adv D. R. Mishra for deft No. 3 present.
keep back
Later on
Same appearance
Heard argument of Adv for plaintiff on NM.
Exh. 13 – List of judgments tendered by adv for plaintiff.
Adv for deft/BMC seeks time to argue NM so also Adv for deft No. 3 seeks time to argue stating that counsel who is arguing as he is suffering from throat infection. Granted.
Earlier order, if any, to continue till next date.
Adjd to 28.03.2024 for argument of defendant/NM PH.
Next Purpose: NM P.H.
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Advocate Mangesh Naik for plaintiff present.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
Adv. Dubey deft No. 3 present.
keep back
Later on 4.10 p.m
Same appearance
As Court is busy in Ad-interim hearing, hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 18.04.2024 for Argument of defendant/BMC/P.H.
Next Purpose: NM P.H.
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Matter pertains to C. R. No. 4
Advocate for plaintiff present.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
Adv. R. S. Dubey for deft No. 2 present.
Earlier order, if any, to continue till next date.
Adjd to 25.04.2024 for Argument of defendant/BMC/P.H.
Next Purpose: NM P.H.
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Advocate Aarti Surve h/f Mangesh Naik for plaintiff present.
Advocate Mhatre for defendant No.1 and 2/BMC present.
Adv. A.R Mishra for deft No. 3 present
Partly heard argument of Adv for deft No. 3 in NM.
Earlier order, if any, to continue till next date.
Adjd to 30.04.2024 for further argument on NM by Adv for deft NO. 3/P.H.
Next Purpose: NM P.H.
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Advocate Mangesh Naik for plaintiff present.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
Adv. Mishra for D-3 present.
Heard argument of both the Adv for defendants in NM.
Adv for deft/BMC tendered list of document marked as Exh. 14
Earlier order, if any, to continue till next date.
Adjd to 10.05.2024 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Advocate Mangesh Naik for plaintiff present.
Advocate Suryavanshi h/f Mhatre for defendant No.1 and 2/BMC present.
None present for D-3
F.R.S. R Following order is passed on Notice of Motion No.64/2020
ORDER
Notice of Motion is dismissed
Later on
Adv Naik for plaintiff present and tendered application for extension of status quo order marked as Exh 15 O-Other side to say
Keep back
Later on
Advocate Suryavanshi for defendant/BMC present and has given say on Exh. 15 overleaf.
Heard argument of both sides on Exh. 15
ORDER
1. The plaintiff has filed this application for extension of status quo order till 30.12.2019 to enable the plaintiff to challenge order dismissing NM, before Hon’ble High Court.
2. Defendant/ BMC opposed application stating that matter is heard on merit and dismiss, hence present application deserve to be rejected.
3. Heard Advocates for the parties and perused record and proceeding.
4. The appeal is statutory right of the aggrieved parties. The Advocate for plaintiff submitted that plaintiff intends to challenge the order dismissing NM and some time is required to file appeal and summer vacation is going to start from tomorrow. In the meantime, if structure is not protected till the filing appeal, there is possibility of demolition of notice structure and in that event object of filing appeal would be defeated. Admittedly ad-interim protection was continued during pending of NM. Therefore considering the submission made by Ld. Advocate for plaintiff and fact of the case I pass following order.
ORDER
There shall be no coercive action against notice structure for four weeks from date of uploading order.
Adjd to 03.08.2024 for Hearing on issues
Nature Of Disposal: DISMISSED
Disposal Date: 10-05-2024
