Mohammed Kasim Mid-Day - Suit St. No.539 of 2019VsMCGM

Date: 17-01-2019
Business: Resumed.
Adv. M. A. Vaid for plaintiff tendered registered NM No. 194/2019 with affidavit.  He also tendered affidavit of service and compilation of documents, consisting of copies of rent receipt and electricity bills.  He further submits that the proposed action is based on the notice issued U/s 354 A of MMC Act dtd. 17.01.2012,  in respect of which suit no. 188/2012 is pending.  According to him the action is based on the order dtd. 23.02.2016, by which the said suit was dismissed in default.  He further submit that the plaintiff was not party to that suit and that the said suit related to room no. 32.  He further submits that the landlord has instituted suit no. 2016/2013 in which the plaintiff is the def. no. 4 and the said suit is pending for hearing.  According to him the landlord recently instituted suit for eviction against the plaintiff from the room no. 33 and the summons is served on the plaintiff.  Thus, he submits that identity of room no. 33 is not in dispute. He further submits that no notice has been issued to the plaintiff in respect of room no. 33 and therefore, the proposed action is illegal.
         Adv. Dhumale for MCGM with Mr. Ganesh Thakur, SE, C ward, and Mr. Somesh Shinde, SE are present.
        Adv. Dhumale for MCGM by filing a compilation of documents submit that the notice dtd. 17.01.2012,  was issued u/s 354 A in respect of the entire fourth floor level, in respect of which the aforesaid suit no. 188/2012 was instituted and as the same was dismissed for default, all the interim orders are vacated and therefore, on 12.01.2019 the defendant demolished the fourth floor structures and therefore, now this suit has become infractus.  Mr. Thakur also submits that the entire notice structure is demolished.  He submits that the vertical extension of room no. 33 is demolished.
         In the circumstances the intervention of this Court at this stage is not warranted.  Therefore, the following order is passed -
1.  Ad-interim relief is rejected.
       The ld. Advocate for plaintiff submits that on the basis of submissions made by the defendant, both the present suit as well as suit no. 2016/2013 should be disposed off.  Considering these submissions as well as the fact that issues are framed in suit no. 2016/2013 today morning, necessary orders will be passed in due course.

Adjd for reply to 26.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv. Naik for plaintiff present.
Adv. Dhumale for defendant no. /MCGM present.
Adv. Ansari for deft. no. 4 present.
Application for dispose the suit filed by Adv. of plaintiff. O- Other side to say.
Matter adjd. to 26.3.19 for Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Plaintiff and his advocate absent.
Adv.Shri Dhumale for defendant/MCGM present.
Adv.Mr.Imtiyaz I. Patel for intervener present.
Matter adjd to 15.06.2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Plaintiff and his Adv.absent.
Adv.Mrs.Rawade for defendant/MCGM present.
Matter adjd to 06.07.2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Adv.G.B.Naik for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
The Adv.of Plaintiff had filed Exh.6 for disposal of the suit. It is contended that the BMC had filed report on 17.01.2019 informing that the suit structure is demolished. It is contended in the light of the submission made by MCGM the suit be disposed off. In view of the contention the Plaintiff does not seem to be interested to prosecute the suit. The suit stands dismissed for want of prosecution. The Notice of Motion 194/2019 also stands dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 06-07-2019

Filing Number: 100606/2019
Filing Date: 15-01-2019
First Hearing Date: 17th January 2019
Decision Date: 06th July 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE