Date: 24-01-2020
Business: Adv. Sheetak Raghani for plaintiff present, and orignal ch/s No.24/20
Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 12.03.2020 for ch/s reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Sheetal Raghani for plaintiff/ applicant present.
Adv. Ms. Patil for MCGM/Defendant present and given say on Chamber Summons No.24/2020.
Matter adjd to 26.03.2020 for Chamber Summons hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Matter adjd to 20/03/2021 for Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 20/04/2021 for NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv for plaintiff present.
Adv Gajanan Shinde with Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 16/09/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plaintiff.
Adv Gajanan Shinde with Adv Smita Chavan h/f Adv Rawade for defendant / MCGM present.
Adjd. To 18/09/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: None for plaintiff.
Adv Gajanan Shinde with Adv Mrs Rawade for defendant / MCGM present.
Since long Ch/s is kept for hearing. Plaintiff failed to argue and proceed with the NM and Ch/s, therefore, Ch/s be kept for dismissal order.
Adjd. To 26/10/2021 for NM hearing / Ch/s dismissal order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Ms. Srividya Venkat for Plaintiff/applicant present.
Adv. Mr. Gajanan Shinde with Adv Mrs Rawade for defendant / MCGM present.
Matter is adjd to 17/11/2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Darewal for Plaintiff/applicant present and requests for time to argue on Ch/s. Time is granted till next date.
Adv. Mrs. Tondwalkar h.f. Adv. Rawade for Defendant/MCGM present.
Matter is adjd to 09/12/2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Darewal for Plaintiff/applicant present.
Adv. Gajanan Shinde with Adv Mrs Rawade for defendant/ MCGM present.
K.B.
L.O.
Adv. Darewal for Plaintiff/applicant present.
Adv. Gajanan Shinde with Adv Mrs Rawade for defendant/ MCGM present.
Heard both sides on Ch/s. No. 24/2020.
Matter is adjd to 16/12/2021 for order on Ch/s. No.24/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None for plaintiff / applicant.
Adv Gajanan Shinde with Adv Mrs Rawade for defendant / MCGM present.
K.B.
L.O. at 4.50 pm.
Due to Court busy in dictating NM order in HCTB Suit and hearing HCTB NM, this matter is adjourned till next date.
Adjd. To 18/12/2022 for order on Ch/s NO.24/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None for plaintiff / applicant.
Adv Gajanan Shinde with Adv Mrs Rawade for defendant / MCGM present.
Due to Court busy in dictating Judgments in Suit Nos.900/2009, 2104/2009 and 2299/2009, this matter is adjourned.
Adjd. To 22/12/2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: None for plaintiff.
Adv. Gajanan Shinde for defendant/MCGM present.
Order Chamber Summons No.24/2020.
Perused Chamber Summons, affidavit in support thereof, documents filed on record by both the parties. Heard both the advocates at length.
The advocate for the plaintiff submitted that plaintiff relied on certain documents but those are not filed on record by the previous advocate. The documents sought to be included in the suit are extremely vital for effective adjudication of the suit. Therefore plaintiff prayed that he wants to file on record certain documents and pleadings in respect of these documents. The advocate for the plaintiff wants to bring on record certain documents and the facts which took place after filing of the suit. He further submitted that due to amendment nature of the suit will not be changed and no hardship will cause to the defendant.
The advocate for the defendant opposed the chamber summons by contending that the agreement took place in between the plaintiff and defendant which is already terminated. Today defendant is in possession of the garden / suit plot. Thus noting remains in the suit to decide therefore, Chamber Summons liable to be dismissed.
Perused Chamber Summons and reply. Heard both the advocates at length.
On perusal of the proposed amendment, it reveals that no new prayer included by the plaintiff. The plaintiff wants to file on record certain documents and supported pleadings. On perusal of the proposed amendment it reveals that nature of the suit will not be changed.
The basic principle behind the amendment is to curtail the multiplicity of the proceeding. Even if there is an addition of the prayer and even defect in the suit can be cured by way of amendment. Here by way of the proposed amendment no hardship will cause to the defendant. The nature of the suit will not be changed hence in my opinion the proposed amendment needs to be allowed. Considering this, I pass the following order :
ORDER
1. Chamber Summons No.24/2020 is allowed in terms of prayer clause (a).
2. The plaintiff is directed to carry out the amendment till next date and supply the copy of the amended plaint on other side.
3. Chamber summons No.24/2020 stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2021
