Date: 02-02-2019
Business: Advocate Ms. Singh h/f Adv. Pratap Singh for Plaintiff present and filed registered NM no.189/19 with affidavit in support, t.o.r.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to NM and Chamber Summons, t.o.r.
Case is adjourned to 08/02/2019 for Chamber Summons/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present.
Advocate Mr. Moin Khan for applicant present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file NM reply. Adjourned.
Earlier order to continue till next date.
Case is adjourned to 21/02/2019 for NM and Chamber Summons reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Advocate for BMC filed reply-cum-written statement and list of documents t.o.r.
Advocate Mr. Ansari h/f adv. Moin Khan for applicant present and filed original Chamber Summons no.151/19 with affidavit in support, t.o.r.
Court is busy in hearing argument in suit no.1753/16 and court has to pass Notice of Motion order as well as urgent matters, hence case is adjourned to 16/03/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2019
Date: 16-03-2019
Business: Advocate Mr. Pratap Singh for Plaintiff present and submitted that, he will file rejoinder to the NM reply. Adjourned.
Advocate Ms. Hajare for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 09/04/2019 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Adv.Mr. Pratap Singh for plaintiff present.
Adv. Ms. Hajare for MCGM/Deft present.
Adv. Mr. Moin Khan for applicant present and filed list of documents. Exh.5- T.O.R.
Adv. Singh sought time to file reply. Granted as last opportunity.
Adv. Khan undertakes to serve copies of documents filed with Exh. 5 on the adv. for Plaintiff and defendant.
Earlier order to continue till next date.
Adjd. To 18.04.2019 for reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Advocate Mr. P.F.Singh for plaintiff present.
Advocate Ms. Hajare for defendant/MCGM present.
Adv. Mr. Moin Khan for applicant present.
Today, Advocate Khan for applicant served copy of few documents filed with list Exh. 5 on the advocate for plaintiff. He undertakes to serve copy of remaining documents before next date.
Adv. Singh submits that the plaintiff\''s father is hospitalised. He undertakes to produce medical certificate.
Adv. Ms. Hajare for MCGM pleaded urgency in hearing the N/M on the ground that huge unauthorised constructions is going on. She submitted that the pleadings in NM are already completed.
Earlier order to continue till next date.
The case is adjourned to 30.04.2019 for NM hearing and Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: The Case is adjd. To 26.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Advocate P.F.Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and submitted that, on instructions of Mr. Torne the Sub Engineer present in the Court, in spite of pendency of the suit the construction is going on. He submitted a photograph which is Taken on record and marked as Exh. X for the purpose of identification.
The photograph was perused by adv. for plaintiff and on instructions of the plaintiff, present in the Court, he submitted that the photograph pertains to the suit premises.
Parties are directed to maintain status-quo as seen in photograph Exh. X.
Adv. Singh for plaintiff sought time to tender rejoinder. Time is granted till 29.06.2019. Plaintiff shall serve the copy of rejoinder on defendant on or before 29.06.2019. Parties to suit shall be ready for hearing on next date.
Earlier order to continue till next date.
The case is adjourned to 01.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Plaintiff present.
Advocate Pratap Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and submitted that the construction is going on in spite of direction of this Court to the parties to maintain status quo. He intends to rely upon the photographs alleged to be taken after the date of status quo order. Copies of the photographs are given to advocate for plaintiff.
Earlier order to continue till next date.
The case is adjourned to 02.07.2019 at 2.45 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged.
Earlier order, if any, is continued till next date.
The case is adjourned to 03.07.2019 at 2.45 pm for NM hearing.
L.O. at 2.45 PM,
Plaintiff present. His advocate absent.
The case is already adjourned to 03.07.2019 at 2.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate P.F.Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and filed additional NM reply. TOR.
Adv. Singh for plaintiff submitted that the copy of reply is given to him just now and he will have to file a rejoinder to it. He sought time to file rejoinder.
Adv. Giri for defendant opposed the adjournment on the ground that the photographs were already handed over to the advocate for plaintiff. The reply is based upon said photographs and therefore the ground for adjournment is unwarranted.
Having heard the advocates for parties, in order to file rejoinder, time is granted in the interest of justice.
Earlier order to continue till next date.
The case is adjourned to 05.07.2019 at 2.45pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Advocate P.F.Singh for plaintiff present and filed rejoinder. TOR.
Adv. for plaintiff also filed reply to Chamber Summons no. 151/19. TOR.
Advocate Mr. Giri for defendant /MCGM present.
None for applicant.
KB
LO at 5.15pm
Same appearance.
Partly heard advocate for plaintiff.
Earlier order to continue till next date.
The case is adjourned to 10.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Advocate Pratap Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Partly heard advocate for plaintiff. In the course of arguments advocate for plaintiff referred the speaking order passed by defendant Corporation. It was brought to his notice that the plaint is silent about it. The advocate for plaintiff pointed out that the unregistered ch/s for amendment in the plaint is pending. He sought leave to register the Chamber Summons.
Adv. Giri for defendant submitted that the speaking order attached to the unregistered Chamber Summons is tampered one. He undertakes to file reply to the Chamber Summons.
Leave is extended to register the Chamber Summons.
Earlier order to continue till next date.
The case is adjourned to 12.07.2019 for Chamber Summons reply and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Advocate Pratap Singh for plaintiff present and filed original Chamber Summons No. 1279/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate Mr. Giri for defendant /MCGM present and filed reply on Chamber Summons. TOR.
Advocate for Defendant/MCGM also filed application along with affidavit for inquiry u/s 340 of CRPC TOR and marked as Exh. 6.
Heard both parties on Chamber Summons no. 1279/19.
Adv. Pratap Singh for plaintiff submitted that plaintiff is not opposing the enquiry as sought by defendant Corporation.
Earlier order to continue till next date.
The case is adjourned to 15.07.2019 for Chamber Summons order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Advocate P.F.Singh for the plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 22.07.2019 for Ch./s order
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adjd. to 07-08-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. P.F.Singh for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
As Court is busy in hearing urgent ad-interim matter in Suit no.2184/19, Suit no. 2219/19 and dictating orders in ST 7834/19, in suit no. 469/14, 1086/15 also busy in other matters on board the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 14.08.2019 for Chamber Summons order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Adv. P.F.Singh for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and sought time to argue on application Exh.6. Time is granted.
F.R.S.R. following order is passed in Chamber Summons no. 1279/19 -
ORDER
1. Chamber Summons is made absolute in terms of prayer clause (a).
2. Plaintiff shall carry out amendment in the plaint and Notice of Motion as per the schedule annexed the Chamber Summons within one week from today. Simultaneously plaintiff shall also serve the defendant with the copy of amended plaint and shall submit a typed copy of amended plaint before this Court for the purpose of decree.
3. Defendants are at liberty to file additional reply.
Earlier order to continue till next date.
The case is adjourned to 23.08.2019 for compliance and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Advocate Pal for plaintiff present.
Advocate Giri for defendant/MCGM present and sought time to tender additional reply. Time is granted.
Advocate Ms. Shital Mote i/b Vigil Juris for applicant present and filed vakalatnama TOR and marked as Exh.7 and draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
Earlier order to continue till next date.
The case is adjourned to 30.08.2019 for NM hearing and ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Advocate P.F.Singh for plaintiff present and served copy of amended plaint on advocate for defendant/MCGM.
Advocate Giri for defendant/MCGM present and submitted that he will be filing additional reply in the course of the day.
Applicant Mr. Mohd. Arif present.
None for applicant A.H.Wadia Trust.
KB
LO at 3.55 pm,
plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and filed additional reply to the Chamber Summons. TOR.
KB
LO at 5.30 pm,
Same appearance.
Earlier order to continue till next date.
The case is adjourned to 20.09.2019 for NM hearing, Chamber Summons hearing and ch/s dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Advocate P.F.Singh for plaintiff present.
Advocate Giri for defendant/MCGM present.
Adv.Ms.Rachana Thakur h/f adv. Moin Khan for applicant present and filed written arguments. TOR and marked as Exh. 8
Applicant present.
Earlier order to continue till next date.
The case is adjourned to 27.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Advocate P.F.Singh for plaintiff present.
Advocate Giri for defendant/MCGM present.
Applicant Mohd. Salim in Chamber Summons no. 151/19 is present.
Copy of written notes of arguments Exh.8 is served on advocate for plaintiff.
The applicant A.H.Wadia Trust and its advocate are absent. Though leave was granted to register Chamber Summons on 23.08.2019, neither the Chamber Summons is got registered nor extension of leave is sought to register the Chamber Summons. Hence the order
ORDER
1. The draft Chamber Summons taken out by A.H.Wadia Trust is dismissed for want of prosecution.
2. Draft ch/s be registered for statistical purpose.
Earlier order to continue till next date.
The case is adjourned to 01.10.2019 for Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Advocate Pal h/f adv. P.F.Singh for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Advocate Ms. Rachana Thakur h/f adv. Moin Khan for applicant present.
Earlier order to continue till next date.
The case is adjourned to 09.10.2019 for Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: The case is adjourned to 14.10.2019 at 2.45pm for Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None for plaintiff.
Advocate Mr. Giri for defendant /MCGM present.
None for applicant.
Adv. Ms.Sheetal Mote i/b Vigil Juris for applicant present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
KB
LO at 3.40pm,
Adv. P.F.Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Adv.Ms.Rachna Thakur h/f adv. Moin Khan for applicant present.
Heard advocate for plaintiff.
Earlier order to continue till next date.
The case is adjourned to 18.10.2019 for Chamber Summons order and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate Pal h/f adv. Pratap Singh for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Advocate Ms.Sheetal Mote i/b Vigil Juris for applicant present and filed original Notice of Motion No.3848/19 along with affidavit in support of Notice of Motion. T.O.R.
F.R.S.R. following order is passed in Chamber Summons no. 151/19 -
ORDER
1. Chamber Summons no. 151/19 is dismissed.
2. No order as to costs.
Advocate Pal h/f Adv. Singh for plaintiff submits that his senior is held up in the Court at Dindoshi. Today the case was specifically scheduled for hearing of NM taken out by the plaintiff. However, an adjournment is sought. Advocate for plaintiff submits that the case may be adjourned for hearing of NM and on next date the motion taken out by the plaintiff will be argued. He submitted that his senior will argue NM tomorrow at 12.30pm.
Earlier order to continue till next date.
The case is adjourned to 19.10.2019 at 12.30pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: The case is adjourned to 01.11.2019 for filing reply to Ch./s and NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: Advocate Pal h/f adv. P.F.Singh for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
KB
LO at 3.45 pm,
Same appearance.
Advocate Ms. Mhatre for defendant MCGM Present and filed additional reply cum Written Statement. TOR and marked as Exh. 9
Exh. 9- Addl. Reply cum Written Statement.
Adv. Ms. Rashmi Salian for applicant present and filed original Chamber Summons No.1885/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate for plaintiff sought time to file reply to Chamber Summons. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 08.11.2019 for Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Advocate Pal h/f adv. P.F.Singh for plaintiff present and sought time to file reply to Chamber Summons taken out by the applicant. Granted as last opportunity.
Advocate Giri for defendant/MCGM present.
Advocate Ms. Sheetal Mote i/b Vigil Juris for applicant present.
Earlier order to continue till next date.
The case is adjourned to 16.11.2019 for Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Mr. Pratap Singh for plaintiff, prayed for adjd to file repy. He submits that reply is ready, it is yet not affirm.
Adv. Ms. Mhatre for deft/MCGM, submits that on similar ground adjd was sought by plaintiff and construction is continued.
Adv. Ms. Mote for applicant present.
Adjd is granted, advance copy be provided to deft and argue positively on next date.
Earlier order to continue till next date.
Matter is adjd. for Ch/s reply on 27.11.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Mr. Pratap Singh for Plaintiff, submits that his client Mr. Salim Ali Maqsood Ali is in Thane Jail, Jail Supt. Thane. is directed to allow adv. Mr. Singh to obtain signature on reply to CH/s. (Jail Suptd. to act upon authenticated copy of roznama)
Adv. Mr. Giri for deft./MCGM present, prayed for expedite hearing.
Adv. Mrs. Mote for applicant present.
One sister suit 2842/19 is posted on 04.12.2019, Both side to argue positively on all pending issues on 04.12.2019.
Earlier order to continue till next date.
Authenticated copy of roznama be given to both side.
Matter is adjd.for Ch/s hearing on 04.12.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Mr. Pratap Singh for plaintiff, submitted reply to Ch/s no.1885/19, copy supplied to other side.
Adv. Mr. Giri for deft./MCGM present.
Adv. Ms. Sheetal Mote for applicant present.
Earlier order to continue till next date.
Matter is adjd. for hearing on NM and Ch/s on
05.12.2019 at 11.45 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Giri for deft./MCGM present.
Adv. Ms. Sheetal Mote for applicant present.
Heard arguments of adv. mr. Giri for MCGM.
Heard part arguments of Adv.Mr. Pratap Singh for Plff.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 07.12.2019 at 12.15
p.m.
LO
Exh.10- Application filed by deft/MCGM.- Adv. Mr. Pratap
Singh assured to conclude at earliest, hearing is expedited
hence, filed.
Authenticated copy is given by both side.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Mr. Mooman a/w Mr. Pratap Singh for plff., argued from 12.45 to 1.55 p.m. He against sought for 90 minutes. And requested to keep the matter in second session. Plaintiff to conclude 30 min. in second session.
Adv. Mr. Giri for deft./MCGM present.
Adv. Mr. Manish Trivedi for applicant present.
Matter be placed in second session.
Judge
Heard arguments of Adv. Mr. Mooman from 4.10 pm to
5.25 p.m., despite I asked him to conclude in short, he
submits that he required to explain again. As argument
finished at 5.25 p.m.
Heard, reply of adv. Mr. giri for MCGM.
In view of controversy about structure as shown in photograph X, new structure is shown as X-A and adjacent old structure is shown as X-B. Thereafter, adv. Mr. Pratap Singh submitted photo of suit structure as on dated 07.12.2019, is marked as Exh.Y.
Exh.11- Unscaled rough sketch map submitted by adv. Mr.
Pratap Singh for Plaintiff.
Ld adv. Mr. Tiwari for applicant, submits that he be implead being owner of suit property as necessary party. The ch/s will be heard after order on NM
Earlier order to continue till next date.
Matter is adjd. for NM order on 13.12.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Giri for deft./MCGM present.
Adv. Mr. Manish Trivedi for applicant, Wadia Trust present.
Exh.12- Compilation, map with photographs submitted by adv. Mr. Singh for plff., in view of additional compilation, heard both side, adjd for order.
Earlier order, if any, to continue till next date.
Matter is adjd. for order on 18.12.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Pratap Singh for plaintiff.
Adv. Tondvalakar for MCGM, now it is 05.55 pm, not possible to reachj the matter.
Earlier order to continue till next date.
Matter is adjd. for order on NM to 20.01.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Mr. Pal h/f Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Giri for deft./MCGM present.
F. R. S. R. Following order is passed on Notice of Motion No. 189/2019 -
O R D E R
1) The Notice of Motion No. 189/2019 is stands dismissed.
2) Plaintiff to pay cost of Rs.40,000/- (Rupees Forty Thousand only) to MCGM within a month from the date fo order.
3) The Notice of Motion No. 189/2019 is disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 20-12-2019