Smt Maggi Mathew PoyakaranVsMCGM

Date: 11-01-2019
Business: Adv Mr.Mukesh Pandey for plff present and tendered draft notice of motion along with affidavit in support. It is TOR.
Order - Leave is granted to register the NM.
Adv Mrs.Vyavhare for BMC/deft present.
Heard arguments of both sides.
Order on Ad-interim relief -
The plaintiff is challenging proceeding u/s.351 of MMC Act in this suit. According to the plaintiff the land whereon the notice structure is existing is declared as slum area under Slum Act, 1971 and in support of the said contention. She has filed copy of gazette notification dated 24/11/1978 showing that CTS Nos.11, 11/01, 11/02 are declared as slum areas. In view of Judgment of Hon\''ble Bombay High Court in Ramawatar Babulal Jajodia V/s MCGM 2014(2) ALL MR 303 the provisions of the Slum Act, 1971 are applicable for all the necessary action including demolition. In view of this Judgment, the jurisdiction of defendant corporation is itself under challenge and therefore, this is a fit case for granting ad-interim relief. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to 21/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Adv Dubey for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 16/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. Mr. Mukesh Pandey for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Earlier order, if any, to continue till next date.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Time extended for service of writ of summons as prayed.
Adjd to 12/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Adv. Kunal Zalke for plaintiff present and tendered original writ of summon.  TOR.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 28.08.2019 for NM reply/w.s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Kunal Zalte for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 15.11.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv.  Kunal Zhalte for plaintiff present
Adv. Mrs. D.D. Patil for Deft  /MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 24-02-2020  for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Incharge of Court Room No.08
Adv Kunal Zalte for plaintiff present.
Adv Mr. Khandagale for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 20/04/2020 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
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: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 24/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Mukesh Pandey for plaintiff present and tendered original registered NM No.744/19 alongwith affidavit in support. TOR.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 21/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: (Matter pertains to C.R. NO.08)
Adv Pathak h/f Adv Mukesh Pandey for plaintiff  present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 29/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 22/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv Mukesh Pande for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 14/02/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Pandey for the plff Present.
Advocate Tondwalkar for Deft / MCGM Present and seeks time for filing reply to NM.
Order-- Time is granted as a last chance.
Matter is adjd for filing Reply to NM on 28/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv Mukesh Pandey for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 22-6-2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Kunal Zalte h/f Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to reply N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 05/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mr. Zalte h/f. Mr. Pandey for plaintiff present
Adv. Mrs. Rawade h/f. Tondwalkar for defendant/BMC requests time to file reply on N/M-Granted.
Earlier order if any to continue till next date
Adjd. to 12/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. However, in the interest of justice time is granted till next date as one more last chance.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Reema James Swami h/f Adv. Mukesh Pandey for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 04/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Kunal Zalte for plaintiff present.
Adv Mrs Tondwalkar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/02/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 24/04/2023 for N/M reply/ W/S.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Ms. Ansari h.f Adv. Pandey for plaintiff present
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Adv. for plaintiff submitted that since many dates, matter is pending for reply by the defendant / BMC and previous date last chance has been granted. Adv. for corporation submitted that conditional order may be passed. Therefore one more last chance granted with condition that on next date if corporation fail to file reply to NM, it be heard without reply.
Earlier order, if any, to continue till next date.
Adjd. to 10.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Mukesh Pandey  for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Adv. for plaintiff submitted that on two occasions last chance has been granted. The matter is of year 2019 and inspite of sufficient time and opportunity, corporation has not filed reply to NM. Therefore notice of motion kept for hearing without reply of Defendant/BMC
 Earlier order, if any to continue till next date.
Adjd to 11.08.2023 for NM Hearing (Without reply )
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Advocate Reshmi Parab for plaintiff present and submitted that Sr. Adv. is not feeling well. Hence seeks time to argue NM. Granted.
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 13.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Board is discharged matter is adjourned to 20.11.2023
Earlier order, if any, to continue till next date.
Adjd  to 24.11.2023   for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Advocate  Mukesh Pandey for plaintiff present and seeks time to argue NM. Granted.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to   03.01.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Matter pertains to C. R. No. 4
Advocate Mukesh Pandey for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  09.02.2024  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Advocate Mukesh Pande for plaintiff present.
Plaintiff present.
Advocate Suryavanshi BMC present. KB.
L. O.
Same appearance.
As Court is busy in ad-interim matter,  dictating notice of motion order and due to paucity of time, matter adjourned.
Earlier order if any, to continue till next date.
Adjd to 11/03/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate  Mukesh Pandey for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  12.04.2024  for  hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Plaintiff present and her Advocate Mukesh Pandey are present and requested for adjournment. Granted
Advocate Suryavanshi for defendant/BMC present.
keep back
Later on
Heard argument on both sides on NM No. 744/2019
Earlier order, if any, to continue till next date.
Adjd  to  26.04.2024   for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Advocate  Mukesh Pandey for plaintiff present and tendered list of citation. TOR Copy is supplied to Adv for deft/BMC.
Advocate Suryavanshi for defendant/BMC present.
Heard argument of Adv for plaintiff on Ciatation.
Earlier order, if any, to continue till next date.
Adjd  to 29.04.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Advocate Anil Mishra a/w Mukesh Pandey for plaintiff present and requested time to make submission on judgments which will be filed on next date and also tendered application for production of documents.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 08.05.2024  for Production of documents/NM Order
Later on 4.28 p.m
Adv Mishra for plaintiff tendered application for taking city survey plan with list of documents marked as Exh. 5
Already Adjd  to 08.05.2024 Hearing on Exh. 5/ NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Advocate Mukesh Pandey for plaintiff present and requested time to file citation. Hence matter adjourned.
Advocate Mhatre  h/f Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 19.06.2024 for  citation and further argument on Citation/NM P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Advocate Mukesh Pandey for plaintiff present and submitted that Counsel Anil Mishra is busy in Dindoshi Court and requested time.  Hence matter adjourned
Advocate  Vywahare for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 26.06.2024 for  citation and further argument on Citation/NM P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Advocate Pandey a/w Anil Mishra  for plaintiff present.
Advocate Vyawahare       for defendant/BMC present.
Heard argument of both side on Notice of Motion No. 744/19.
Earlier order, if any, to continue till next date.
Adjd  to  03.07.2024   for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Advocate Chandra Mishra h/f Pandey for plaintiff present and tendered application for adjournment marekd as Exh. 6
O – Rejected.
Advocate Vyawahare for defendant/BMC present.
keep back
Later on 3.50 p.m
Plaintiff present
Rest of the same appearance
F.R.S.R.Following order is passed in NM No. 744/2019
ORDER
 Defendant/BMC is temporarily restrained from implementing notice dated 09.04.2018 and speaking order dated 14.08.2018 till the decision of suit.
Later on
Writ of summons below Exh. 7  has been served upon BMC in the year 09.07.2019 but corporation has not filed WS. Adv for deft/BMC submitted that she has no instruction as  to the WS and requested for adjournment. Hence matter adjourned and kept for necessary order.
Adjd  to 28.08.2024  for Necessary order/WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present.
The suit is of year 2019 and writ of summons has been served upon deft/BMC on 09.07.2019 but deft/BMC failed to file WS. Hence suit to proceed without WS of deft/BMC.
Adjd  to  06.11.2024    for  evidence of plaintiff ( Without WS)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Chandrahas Mishra h/f Mukesh Pandey for plaintiff present and submitted that Sr. adv is out of Mumbai  and requested for adjournment. Hence matter adjourned.
Advocate Honmane  for defendant/BMC present.
Adjd  to  15.01.2025  for evidence of plaintiff /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for dismissal to 15.02.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. Adv. Mr. Mukesh Pandey for the plaintiff is present. On his request, the caption changed. He filed affidavit of evidence of PW-1. Taken on record. It is marked as Exhibit 7. O- Read and Recorded. He also filed list of documents Taken on record. It is marked as Exhibit 8. O- Other side to say. Copies are supplied to both the sides. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Honmane for defendant/MCGM is present. PW-1 Smt. Maggi Mathew is resumed on SA and her cross examination is deferred till next date.
Adjourned for admission denial/R.E.P.H. to 15.04.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
PW-1 is present. Adv. Mr. Mukesh Pandey  for the plaintiff is present. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Honmane for defendant/MCGM is present.
Say not filed on the documents. O- Lastly granted.
Adjourned for admission denial to 11.08.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. Her Adv is absent.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
later on 11.56 a.m
Adv. Mr. Mukesh Pandey for the plaintiff is present.
Rest appearance is as above.
Keep back
Later on at 12.55 pm.
The appearance is as above.
Adv for plaintiff submitted that he would submit exhibition of documents on next date. Time is granted.
Adjourned for exhibition of documents/R.E.to 24.09.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv.Sangita Honmane for defendant/MCGM is present.
Adv Isma h/f Adv Mukesh Pandey for plaintiff present and requested for adjournment.
Plaintiff present.
Adjourned for exhibition of documents/R.E to 12.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Isma h/f Adv. Mukesh Pandey for the plaintiff is present.
The plaintiff is present in person.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for exhibition of documents/R.E.to 28.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Plaintiff is present. Her Adv is absent.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for hearing on compilation of documents/R.E.to 25.02.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Isma h/f Adv. Mukesh  Pandey for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for hearing on compilation of documents/R.E to 17.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Mukesh Pandey for the plaintiff is present.
Plaintiff is absent.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for hearing on compilation of documents/R.E to 24.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv Mukesh Pande present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for RE/ Marking of documents to 19.08.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff and his Adv Mukesh Pandey are present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for RE..to 05.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2026

NOTICE OF MOTION/100744/2019

Registration Number: 100096/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100366/2019
Filing Date: 08-01-2019
First Hearing Date: 11th January 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE