Babulal Kaluramji Pandya alias JainVsMCGM

Date: 16-01-2018
Business: Adv. Mr. Shukla for Plaintiff present.
Adv. Mrs. Hajare for Defendant / BMC present.
Heard.
Perused documents
It appears that till today the defendant has not issued any notice in respect of suit premises. It is the bounded duty of defendant to follow due process of law.
Adv. for Defendant submitted that she will take instructions about the same.
Thus in the facts and circumstances it is not just and proper to grant ad interim relief. Hence, ad-interim relief is rejected.
Matter adjd to 26/02/2018 motion reply / written statement.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2018

Date: 26-02-2018
Business: As court is busy in mediation matters and dictating judgment in SU no. 3742/11. Hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2018

Date: 02-04-2018
Business: Advocate Mr. B. P. Shukla for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft present.
Original N/M no. 209/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Advocate for the Defendant seeks adjournment for filing reply and written statement. Granted as a last chance with directions that failure to file reply and w.st on next date, further orders will be passed.
Matter adjd to 8.06.2018 for reply to N/M/ w.st by the defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Adv Ravindra Singh h/f adv Shukla for the plaintiff present.
Adv Khandagale for def/BMC present.
Adjourned to 20.08.2018  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2018

Date: 20-08-2018
Business: None for plaintiff.
Adv. Hajare for BMC present.
Matter adj.for Reply  to 28.9.18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Court is busy in hearing Notice of Motions in suit no.2477/18, 275/13, 775/13, 854/13 an 1059/12, hence board is discharged and case is adjourned to 06/12/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: Court is busy in hearing urgent matters, charge of CR no.08, hence board is discharged and case is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Court is busy in dictating order on NM 649/17 hence, case is adjourned to 18/06/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Advocate B.P.Shukla for plaintiff present.
Advocate Ms. Mhatre for defendant /MCGM present and sought time to file reply. Time is granted.
The case is adjourned to 03.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
By consent matter is placed before Lok-Adalat.
The case is adjourned to 09.09.2019 for NM reply.
Next Purpose: FOR___________________
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Chavan  for defendant/MCGM present.
Matter referred to Lok-Adalat dated 14.09.2019.
The case is adjourned to 05.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 07.01.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Mr. Yadav h/f adv. Mr. Shukla for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd.
Matter is adjd. for NM reply on 05.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Adv. Yadav for plaintiff, submits that as the court has refused Ad-interim relief, plff is not in contact.
Adv. Tondwalkar for deft./MCGM, prayed for time to file reply.
Matter is adjd.to 02.02.2021 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv. S.K. Saha for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 24.03.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Mr. Yadav for plaintiff is present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 23.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is vacant.Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply to 25/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None is present for the plaintiff.
Mr. Khandagale for defendant/MCGM present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 02.05.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Adv. Mr. Yadav for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM reply to 29.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adjourned for NM reply and WS to 28.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. B.P. Shukla for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Adjourned for no reply no WS Order to 23.11.2022.
Next Purpose: ORDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: HHJ is on leave
Next Purpose: ORDER
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply) to 15.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Heard both the sides on NM No. 209/2018.
Adjourned for NM Order to 29.03.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Mr. Mukesh Dubey h/f B.P.Shukla for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Court is busy in dictating Order in NM No. 3362/2022.
Adjourned for NM Order to 15.04.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
The Court is busy in other urgent matters.
Adjourned for NM Order to 02.05.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mrs. Smita Chavan h/f Adv. Giri for defendant/MCGM is present.
KB LO at 05:00 pm.
The following Order is passed on NM No. 209/2018:
-: O R D E R :-
01.     Having considered the rival submissions and the record, at the outset, it is clear that till date, the defendant did not issue any notice as against the suit premises, proposing to demolish the same as is being apprehended by the plaintiff. It seems that this was the position even at while filing of this suit and the NM. It appears that on 09.01.2018 at 11:30 AM, the officers from defendant visited the suit premises and allegedly threatened to demolish the same. This was the cause of action for plaintiff to file this suit. However, at this interim stage, he couldn\''t substantiate the alleged threats and even the fact that at any point of time, the defendant acted in defiance of law. This being the position, granting of interim relief, as asked for, would be unjust and it may create the situation of chaos. Specially when, the defendant is certainly bound to follow the due process of law before initiating an action against the suit premises. Hence, the Order:
-: O R D E R :-
(i).     Notice of Motion No. 209/2018 stands dismissed.
(ii).    Notice of Motion No. 209/2018 is, accordingly, disposed
          of.
Adjourned for R/E (No WS) to 28.06.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None present for the plaintiff.
Adv. Mr. G.O.Giri for defendant/MCGM is present.
Adjourned for RE (No WS) to 11.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present and requested time to lead evidence. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (No WS) to 18.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: The plaintiff is present in person.
Adv. Mr. S.H. Singh h/f Adv. Shukla for the plaintiff is present and filed evidence on affidavit. TOR. It is marked as Exhibit 3. O- R&R. Copy is supplied to the other side. He also sought time to file documents on affidavit. Time is granted.
Adv. Mr. Khandagale h/f Adv. Mr. Giri for defendant/MCGM is present.
PW-1 Mr. Babulal Kaluramji Pandya @Jain is resumed on SA his cross-examination is deferred.
Adjourned for filling documents on affidavit/RE (PH) to 01.11.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: The plaintiff is present in person.
Adv. Mrs. Sunita Dubey for the plaintiff is present and filed list of documents. Taken on record. It is marked as Exhibit 4. O- Other side to say on exhibition of documents. Copy is supplied to the other side. Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for admission denial/RE (PH) to 20.12.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: PO is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. He submitted that in view of the NM Order, calling the defendant to follow DPL, the suit may be referred for lok-adalat.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat to 03.03.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel No.V)
Matter pertains to C.R. No. 11.
Plaintiff and his Advocate are absent.
Adv. G. O. Giri for defendant is present.
Concerned Officer is absent.
The case is adjourned to 29.04.2024.
Adv. Mr. Sanjay P. Patankar       Panel Member                                      HHJ. SHRI. B. Y. PHAD
                                 Panel Head
Next Purpose: HEARING
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Mr. J.S. Yadav a/w Adv. Sagar Chaurasiya for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present and endorsed say on list of documents Exhibit 4.
Adjourned for consideration to 29.06.2024.
Next Purpose: CONSIDERATION
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: The plaintiff is present in person.
Adv. Mr. Jitendra Patel h/f Adv. B.P. Shukla for the plaintiff is present and sought time for consideration. Time is granted.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Adjourned for consideration to 07.08.2024.
Next Purpose: CONSIDERATION
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: The plaintiff is present in person.
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Heard both the sides on exhibition of documents.
Adjourned for Order on exhibition of documents to 16.10.2024.
Next Purpose: ORDER
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present. The matter is kept back.
Later on 1.45 p.m.
The appearance is as above.
Order below Exhibit 4 Documents at Sr. Nos. 1, 4, 5, 7, 8, 10 to 12 are filed in original or are the copies issued by the concerned authority. Hence, keeping open all the defenses, the same are exhibited as follows Photo-Pass. It is marked at Exhibit 5(colly). Electricity bill. It is marked at Exhibit 6.
Water Bill. It is marked at Exhibit 7.
Shops and Establishment Certificate. It is marked at Exhibit 8(colly).
Census receipts No. 0745727 dtd. 21.07.2000. It is marked at Exhibit 9(colly).
Shops and Establishment Certificate. It is marked at Exhibit 10 (colly).
Electricity bills. It is marked at Exhibit 11 (colly).
Originally license issued under the food and Safety standard Act, 2006. It is marked at Exhibit 12(colly).
Document at Sr. Nos 6 and 9.- Agreements for Sale deal with the delivery of possession, and therefore, they are the Conveyance, requiring payment of requisite stamp duty. However, they are executed on the deficit stamp papers. Hence, these Agreements of Sale are impounded. The plaintiff is called upon to take suitable steps before its admissibility as evidence.
Adjourned for RE (PH) to 29.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present. By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat to 14.12.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: NATIONAL LOK ADALAT HELD ON 14.12.2024 (PANEL- IV)
Matter pertains to CR No.11
Plaintiff present.
Ld. Advocate J. S. Jadhav for Plaintiff present.
Defendant/BMC present.
Ld. Advocate Botlawar of Defendant/BMC present.
Defendent/ BMC  through Jr.Eng. Ranjit Chavan present.
After talk and discussion between the plaintiff and defendant and their Ld. Advocates, the present matter amicabily, fully and finally settled between them. In that regard they submitted settlement terms on record. Taken on record marked as at Exh.13.
ORDER BELOW EXH.13.
The plaintiff as well as defendant and the Ld. Advocates of both the parties are present. They have identified to their respective parties and ascertained  affirmed the settlement terms. Thereby they amicabilly fully, finally settled the present matter in view of settlement terms. Hence the present matter is hereby settled and disposed of in view of settlement of below Exh.13. Thereby award be drawn up accordingly.
        Panel Head
HHJ. SHRI. S. M. TAPKIRE                                            Panel Member
Prof. SHIVANI SHASHIKANT SHELAR
Nature Of Disposal: COMPROMISE
Disposal Date: 14-12-2024

NOTICE OF MOTION/100209/2018

Filing Number: 100665/2018
Filing Date: 12-01-2018
First Hearing Date: 12th March 2018
Decision Date: 14th December 2024
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE