TrustJury record updated 27 Sept 2026
Date: 30-01-2020 Business: Adv. Babu h/f adv.Bhat for plaintiff present and tendered register ch/s No. 55/2020.Copy is already served. Adv. Mrs. Hajare for MCGM/Deft.No.1 present. Adv. Nitin Patil for defendant No.2 present. And file V/P.t.o.r. it is marked as Exh-7 and also filed reply to ch/s No. 55/2020. Copy is served to other side. Adjd to 18.02.2020 for reply by defendant No.1/MCGM. Next Purpose: C/S REPLY Next Hearing Date: 18-02-2020 Date: 18-02-2020 Business: Adv.Babu for plaintiff present. Adv. Mrs. Hajare for MCGM/Deft. No.1 present. Adv. Mrs.Adv.Nikhil Patil for defendant No.2 is present. Matter adjd to 27.03.2020 for reply. Next Purpose: C/S REPLY Next Hearing Date: 27-03-2020 Date: 27-03-2020 Next Purpose: C/S REPLY Next Hearing Date: 08-04-2020 Date: 08-04-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S REPLY Next Hearing Date: 20-04-2020 Date: 20-04-2020 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: C/S REPLY Next Hearing Date: 30-05-2020 Date: 30-05-2020 Reason For Adjournment: National Lock Down Next Purpose: C/S REPLY Next Hearing Date: 17-06-2020 Date: 17-06-2020 Business: Adjd to Next Purpose: C/S REPLY Next Hearing Date: 14-09-2020 Date: 14-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S REPLY Next Hearing Date: 20-10-2020 Date: 20-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: C/S REPLY Next Hearing Date: 03-12-2020 Date: 03-12-2020 Business: None for plaintiff. Adv. Mrs. Hajare for Defendant no.1/MCGM present and has given say on Ch/s No.55/2020 itself. None for deft no.2. Matter adjd to 04/02/2021 for NM/Ch/s Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-02-2021 Date: 04-02-2021 Business: Adv. Babu h/f Adv. G. S. Bhat for plaintiff present. Adv. Ms. Hajare for deft no.1/MCGM present and requests for time to file reply to Ch/s No. 55/2020. Time is granted till next date. None for deft no.2. Matter adjd to 11/03/2021 for Ch/s Reply by deft no.1/MCGM and NM Hearing. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 11-03-2021 Date: 11-03-2021 Business: Adv. Babu h/f. Adv. G.S. Bhat for plaintiff present and requests for time to argue the N/m. Adv. Mrs. Chavan h/f. Adv. Mrs. Hajare for deft no.1/MCGM present and requests for time to file reply to Ch/s. No. 55/2020. None for Defendant No.2. Matter adjd to 27/04/2021 for filing reply to Ch/s. No. 55/2020 by defendant no.1/NM hrg. Next Purpose: REPLY Next Hearing Date: 27-04-2021 Date: 27-04-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: REPLY Next Hearing Date: 08-07-2021 Date: 08-07-2021 Business: Due to Covid - 19. Next Purpose: REPLY Next Hearing Date: 31-08-2021 Date: 31-08-2021 Business: Adv Babu h/f Adv G.S. Bhat for plaintiff present. Adv Smita Chavan for defendant no.1/ MCGM present. None for defendant no.2. On oral request of advocate of plaintiff to argue on NM and Ch/s, matter is adjourned till next date. Defendant no.1 has already given say on Ch/s itself, hence matter is kept for Ch/s hearing. Adjd. To 14/10/2021 for NM and Ch/s hearing. Next Purpose: C/S REPLY Next Hearing Date: 14-10-2021 Date: 14-10-2021 Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged. Adjd. To 07/12/2021 for NM and Ch/s hearing. Next Purpose: C/S HEARING Next Hearing Date: 07-12-2021 Date: 07-12-2021 Business: already adjd. to 16/12/2021 Next Purpose: C/S HEARING Next Hearing Date: 16-12-2021 Date: 16-12-2021 Business: Adv. Baboo h.f. Adv. G.S. Bhat for Plaintiff present and requests for time to argue on Ch/s. Time is granted till next date. Adv. Rawade for Defendant No.1/MCGM present. None for Defendant No.2. Adjd. To 17/03/2022 for NM and Ch/s hearing. Next Purpose: C/S HEARING Next Hearing Date: 17-03-2022 Date: 17-03-2022 Business: Adv. Baboo h.f. Adv. G.S. Bhat for Plaintiff present and seeks time to argue on NM and CS . Time is granted till next date. Adv Mrs Rawade for defendant no.1 / MCGM is present. None for Defendant No.2. Adjd. To 26/04/2022 for NM and CS hearing. Next Purpose: C/S HEARING Next Hearing Date: 26-04-2022 Date: 26-04-2022 Business: Adv. Babu h/f. Adv. Bhat for plaintiff present. Adv. Chavan for deft no. 1/MCGM present. Adv. for deft no.2 present. Adjd. To 07/07/2022 for Nm and Ch/s hearing. Next Purpose: C/S HEARING Next Hearing Date: 07-07-2022 Date: 07-07-2022 Business: Adv. G. S. Bhat for plaintiff present and submitted that talks of compromise are going on. Hence, matter be adjourned. Adv. Mrs. Chavan for defendant No. 1/ MCGM is present. Adv. Patil for deft. No. 2 present. Adjd. to 02/08/2022 for N/M and Ch/S hrg. Next Purpose: C/S HEARING Next Hearing Date: 02-08-2022 Date: 02-08-2022 Business: Adv. G. S. Bhat for plaintiff present and submitted that he has not yet received copy of Ch/S reply filed by deft. No. 2. Adv. Mrs. Chavan for defendant No. 1/ BMC is present. None for deft. No. 2. Deft. No. 2 is directed to supply copy of Ch/S reply to the plaintiff till next date. Adjd. to 20/09/2022 for N/M and Ch/S hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 20-09-2022 Date: 20-09-2022 Business: None for plaintiff. Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.1/ BMC is present. Adv. Patil for deft. No.2 present and submitted that last chance be granted to plaintiff. Adjd. to 10/11/2022 for N/M and Ch/S hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 10-11-2022 Date: 10-11-2022 Business: H.H.J. is on half day (second session) leave. Next Purpose: NM FOR HEARING Next Hearing Date: 08-12-2022 Date: 08-12-2022 Business: None for plaintiff. Adv. Mrs. Rawade for defendant No.1/ BMC is present. Adv. Patil for deft. No.2 present. K.B. L.O. Adv. Babu h/f Adv. G. S. Bhat for plaintiff present and submitted that senior advocate is not feeling well hence, requested time to argue on N/M. Time is granted till next date. Adv. Mrs. Rawade for defendant No.1/ BMC is present. Adv. for deft. No.2 submitted that on 11/07/2017 matter was kept for N/M reply and on 26/09/2017 it was shown for N/M hrg. The plaintiff has not served N/M to the defendants. Therefore, he prayed that matter is kept for reply to N/M. Plaintiff is directed to serve copy of N/M to the defendants. Adjd. to 17/01/2023 for N/M reply and Ch/S hrg. Next Purpose: C/S HEARING Next Hearing Date: 17-01-2023 Date: 17-01-2023 Business: Adv. Babu h/f Adv. G. S. Bhat for plaintiff present and requested time to argue on Ch/S. Time is granted till next date. Adv. Mrs. Chavan for defendant No.1/ BMC is present. None for deft. No.2. Adv. for plaintiff submitted that he will serve copy of N/M upon defendant No.2 till next date. Adjd. to 23/02/2023 for service and Ch/S hrg. Next Purpose: C/S HEARING Next Hearing Date: 23-02-2023 Date: 23-02-2023 Business: Adv. Babu h/f Adv. G. S. Bhat for plaintiff present and requested time to argue on Ch/S. Time is granted till next date. Adv. Mrs. Mhatre for defendant No.1/ BMC is present. None for defendant No.2. Adjd. to 11/04/2023 for Ch/S hrg. Next Purpose: C/S HEARING Next Hearing Date: 11-04-2023 Date: 11-04-2023 Business: Adv. G.S. Bhat for plaintiff present. Adv. Ms. Mhatre for defendant no.1 / BMC is present. None for defendant no. 2. Due to paucity of time, matter is adjourned till next date. Adjd. to 16.06.2023 for C/S. hearing. Next Purpose: C/S HEARING Next Hearing Date: 16-06-2023 Date: 16-06-2023 Business: Advocate Babu h/f Adv. Bhat for plaintiff present and requested to time to argue chamber summons Suit is of year 2015 and chamber summons is pending since long for hearing. However, last chance is granted. Advocate Suryavanshi for defendant No.1/BMC present. None present for defendant NO. 2 Adjd to 14.07.2023 for NM and Chamber summons Hearing Next Purpose: C/S HEARING Next Hearing Date: 14-07-2023 Date: 14-07-2023 Business: Advocate G.S. Bhat for plaintiff present. None present for defendant No. 2. Advocate Mhatre for defendant No.1/BMC present. As court is busy in dictating Judgment and Ad-interim orders, due to paucity of time, matter adjourned for NM Order. Adjd to 03.08.2023 for Ch/s Hearing Next Purpose: C/S HEARING Next Hearing Date: 03-08-2023 Date: 03-08-2023 Business: Advocate Babu h/f Bhat for plaintiff present. Advocate Mhatre for defendant No.1/BMC present. None present for def No.2 djd to 05.09.2023 for ch/s Hearing Next Purpose: C/S HEARING Next Hearing Date: 05-09-2023 Date: 05-09-2023 Business: Court is on leave Next Purpose: C/S HEARING Next Hearing Date: 17-10-2023 Date: 17-10-2023 Business: None present for plaintiff Advocate Suryavanshi h/f Mhatre for defendant No. 1/BMC present. None present for D-2 none present for plaintiff and ch/s No. 55/20 pending for hearing since many dates. Hence matter adjourned and kept dismissal of ch/s Adjd to 21.10.2023 for Ch/s dismissal Next Purpose: CS FOR DISMISSAL Next Hearing Date: 21-10-2023 Date: 21-10-2023 Business: Adv. Baboo h/f Bhat tendered application to remove N/M from dismissal caption-Granted-Exh.8 Adv Mhatre for D/1-BMC present None for D/2 Adjd. to 28/11/2023 for NM Hearing as a last chance. Next Purpose: NM FOR HEARING Next Hearing Date: 28-11-2023 Date: 28-11-2023 Business: Advocate Bhat for plaintiff present. Advocate Mhatre for defendant No. 1/BMC present. None present for deft No. 2 keep back Later on 4.15 p.m. Heard argument of Adv for plaintiff and deft No. 1/BMC in ch/s No. 55/2020 None present deft No. 2 Adjd to 08.12.2023 for Ch/s Order Next Purpose: CH/S ORDERS Next Hearing Date: 08-12-2023 Date: 08-12-2023 Business: Adv. Babu h/f Bhat for Plaintiff present Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC present. None for Defendant No. 2 Following order is passed on Ch/S No.55/2020. O R D E R 1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to incorporate contention regarding entitlement of the plaintiff for permanent alternate accommodation and relief to that effect. It is stated that after filing suit, defendant No. 2 to check of the suit premises. By order dated 07.05.2015 this Court has directed defendant No. 2 to make arrangement of proper alternate accommodation or to provide compensation or rent. Therefore plaintiff is seeking permission to incorporate contention in respect of entitlement of plaintiff for alternate accommodation. It is further submitted proposed amendment is just and necessary for adjudication of dispute. 2. Defendant/BMC No. 1 opposed ch/s stating that if the amendment is allowed there will be change in nature of suit. Hence ch/s is not maintainable. 3. Deft No. 2 opposed chamber summons while filing reply dated 30.01.2020. It is stated that proposed amendment tantamount to changing cause of action. The ch/s is filed with sole intention to delay the trial of the suit. The Suit is posted for evidence of plaintiff but in order to prolonge the trial of the suit, present ch/s has been taken out. The plaintiff is seeking to incorporate contention in respect of relief to which this Court has no jurisdiction and small causes Court has jurisdiction. On this ground deft no. 2 prayed for dismissal of ch/s. 4. Heard Adv. for the plaintiff and Adv for deft/BMC. None present for deft No. 2, hence matter proceeded further without argument of deft No. 2. Perused Ch/S, affidavit in support thereof and documents on record. 5. The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions regarding entitlement of the plaintiff for permanent alternate accommodation and relief to that effect. It is stated that after filing suit def No. 2 to possession of the suit premises. By order dated 07.05.2015 this Court has directed deft No. 2 to make arrangement of proper alternate accommodation or to provide compensation or rent. 6. The law on the point of amendment is well settled. The Court has to be liberal while allowing amendment in the plaint at pretrial stage if proposed amendment is just and necessary, there is no likely to change in nature of the suit and no prejudice would cause to other side. I gone through the proposed amendment. The plaintiff is seeking permission to insert contention in respect of his entitlement for permanent alternate accommodation. The plaintiff has challenged notice u/s 354 of MMC Act. 7. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code. 8. The Suit is at pretrial stage. The plaintiff by way of proposed amendment, seeking permission to incorporate pleading in respect of his entitlement Permanent alternate accommodation. The plaintiff has challenging notice under 354 of MMC Act for demolition of dilapidated building. Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S No. 54/2020 deserves to be allowed. Hence, I pass following order- O R D E R 1. Chamber summons is made absolute in terms of prayer clause(a). 2. Plaintiff to carry out necessary amendment within two weeks. 3. Copy of amended plaint be served upon other side. 4. Chamber Summons stands disposed of accordingly. Adjd to 09.01.2024 for Compliance Nature Of Disposal: ALLOWED Disposal Date: 08-12-2023
Filing Number: 100502/2020 Filing Date: 13-01-2020 First Hearing Date: 30th January 2020 Decision Date: 08th December 2023 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Order Details: Other Pdf Text: 61 Dt:08.12.2023 SU 1177/2015 CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) Adv. Babu h/f Bhat for Plaintiff present Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC present. None for Defendant No. 2 Following order is passed on Ch/S No.55/2020. O R D E R 1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is…
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