Date: 23-01-2019
Business: Adv Ms.Reshma Ravi h/f adv K.P.Ravi for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Draft NM alongwith affidavit tendered by plff. It is TOR.
Order - Leave is granted to register the NM.
Adjd to 25/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Plff present. Adv for plff absent.
Adv Mrs.Bhoir for BMC/deft. no.1 present
None for deft no.2.
Adv Jitendra Gupta for deft no.3 present and filed
Written statement filed by deft no.3. it is TOR and marked as Exh.3.
copy is served to other side.
Adjd to 30/01/2019 for ad-interim hearing.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 30-01-2019
Date: 30-01-2019
Business: None present for plff.
Adv Mrs.Bhoir for BMC/deft. no.1 present.
Representative of deft no.2
Adv for defts no.2 and 3 absent.
K.B..
Later on..
Adv Ms.Reshma Ravi fo rplff present.
Adv Mrs.Bhoir for BMC/deft. present.
Original NM No.349 of 2019 @ affidavit tendered by plff.
Adjd to 1/02/2019 for NM reply.
Later on..
Adv S.K.Ali for deft no.3 present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Adv K.P.Ravi for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
K.B..
Later on..
Adv Ms.Reshma Ravi for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv for plff tendered compilation of documents.
Heard arguments of both side.
Adjd to 07/02/2019 for further arguments of ad interim.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: None for Plaintiff.
Adv. Mrs. Vyavhare h/f. Adv.Bhoir for Defendant present.
None for Defendant No.2
Defendant No.3 is present.
K.B.
L.O.
Same appearance.
Adjd. to 07.03.2019 for argument (P.H.)
L.O.
Adv. Mr. S.K. Ali for Defendant No.3 present.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Adv. Mr. Aslam Khan h/f K,P. Ravi for Plff present.
Adv. Mrs.Vyavhare h/f Adv. Bhoir for MCGM/deft No.1 present.
None present for Deft No.2 and 3.
Adjd to 8/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/deft. No.1 present.
None for Defts No.2 and 3.
In view of office order No.66/19 dt.4/4/2019 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, this matter is transferred to C.R. No.9 for disposal in accordance with law.
Adjd to 22/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: In view of circular of Hon\''ble Principal Judge dt.9/4/19 the matter is again transferred to this Court.
Adv. Mr. Holamagi h/f Adv. Mr. K.P. Ravi for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft No.1 present.
None present from Defts No.2 and 3.
Adjd to 17/7/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: None for plaintiff.
Adv. S. K. Ali for defendant no. 3 present.
None for defendant no. 2.
Adv. Khandagle for MCGM/Deft. 1 present.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 3.00 p.m. Hence NM No. 349/19 is kept for dismissal on next date.
Adjd to 16.09.2019 for NM dismissal.
L.o. at 3.30 p.m. Adv. Holamagi for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Plaintiff and Adv. absent.
Adv. Mr. S.C. Khandagale for Deft no.1/MCGM present.
None for defendant no. 2.
Adv. Anil Jadhav for defendant no. 3.
Court busy in passing order on NM No. 1287/17, hearing NM and Ad-Interim reliefs.
Hence Adjd. to 06/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. K. P. Ravi for plaintiff present.
Adv. Mrs. D.D. Patil for Deft no 1/MCGM present.
None for defendants No. 2 and 3
KB
LO
Heard both sides on N/M NO. 349/19
Adjd to25-11-2019 for N/M No. 349/19 Order
Next Purpose: NM ORDERS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: None present for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
F.R.S.R. following order on N/M No. 349/19 is passed
Order
1.Notice of Motion No. 349 of 2019 is dismissed.
2.Plaintiff is directed to argue on next date on the point, Why defendant no.1/MCGM be not deleted from the suit under Order I Rule 10 of Code of Civil Procedure.
There exists element of settlement between the parties. Hence, the matter is referred for mediation.
Case is adjourned to 24/02/2020 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
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: MEDIATION REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: due to lockdown
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: Adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: As per direction of Hon\''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 21-10-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
Adv. Mrs. Hajare h/f Adv Khandagale for Defendant no.1/MCGM present.
None for deft no.2 and 3.
Matter adjd to 22.01.2021 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft no.1/MCGM present.
None for deft no.2 and 3.
Matter adjd to 24/02/2021 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff.
Adv. Ms. Hajare h/f Adv. Khandagale for deft no.1/MCGM present.
None for deft no.2 and 3.
Matter adjd to 19/03/2021 Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None for plaintiff.
Adv. Khandagale for deft no.1/MCGM present.
None for deft no.2 and 3.
Matter adjd to 16/04/2021 for Mediation Report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per circular No.79/2021 dt. 12/04/2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2 and 3.
Today matter is for mediation report but Mediator Judge has been transferred to other District Court, hence, mediation filed is returned to this court on 07.08.2021. Therefore, this matter is fixed for hearing on point framed on 25.11.2019.
Adjd. To 06/09/2021 for hearing on point framed.
Next Purpose: HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: NOB-TOB for placing the matter before National Lok-Adalat will be held on 25/09/2021.
None for plaintiff.
None for defendants.
Issue notice to the parties and their advocates to remain present before National Lok-Adalat on 25/09/2021 at 10.00 a.m.
Earlier adjournment is postponed.
Adjd. To 25/09/2021 for National Lok-Adalat.
Next Purpose: HEARING
Next Hearing Date: 25-09-2021
Date: 25-09-2021
Business: Matter pertaining to C.R. No.8
Society Chairman in person present.
Advocate Nishikant Gaikwd for plaintiff present.
Adv. Tondwalkar for BMC present.
Officer Ashok Tastode for BMC present.
Matter could not be settled and reffered back to regular court.
Matter is adjourned to 27.10.2021.
Next Purpose: HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
None for Defendant Nos. 2 and 3.
Matter is adjd to 07/01/2022 for hearing on point framed.
Next Purpose: HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is already adjd to11.02.2022 for hearing
Next Purpose: HEARING
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 25/03/2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
None for defendant nos.2 and 3.
Adjd. To 27/06/2022 for hearing on point.
L.O. at 11.55 a.m.
Adv S.K. Ali for defendant no.3 present.
Already adjd. To 27/06/2022 for hearing on point.
Next Purpose: HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
None for defendant nos. 2 and 3.
Adjd. to 19/08/2022 for hrg. on point framed on 25/11/2019.
Next Purpose: HEARING
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. Nos.2 and 3.
Adjd. to 10/10/2022 for hrg. on point framed on 25/11/2019.
Next Purpose: HEARING
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. Nos.2 and 3.
Adjd. to 05/12/2022 for hrg. on point framed on 25/11/2019.
Next Purpose: HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. Nos.2 and 3.
Adjd. to 23/01/2023 for hrg. on point framed on 25/11/2019.
Next Purpose: HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. Nos.2 and 3.
K.B.
L.O.
Same appearance.
Adjd. to 24/02/2023 for hrg. on point framed on 25/11/2019.
Next Purpose: HEARING
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
None for defendant No.2 and 3.
Heard Adv. for defendant No.1/ BMC on point framed on 25/11/2019.
Adjd. to 18/03/2023 for order on point framed on 25/11/2019.
Next Purpose: ORDER
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: None for plaintiff.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant no. 1/ BMC is present.
None for defendant nos. 2 and 3.
Order below Exh.1.
The order dtd. 25.11.2019 this court has directed the plaintiff to argue on the point “ why defendant no. 1 BMC be not deleted from the suit under order 1 rule 10 of the Civil Procedure Code. Thereafter matter was repeatedly adjourned for hearing on said point. However roznama shows that since many dates neither plaintiff nor his advocate remains present. Therefore on 24.02.2023 heard adv for defendant no. 1 BMC on the above said point.
Adv for the BMC submitted that this suit for declaration that defendant no. 3 has no right title interest in the suit flat and no any final relief has been sought in the suit. Therefore the defendant no. 1 BMC is a not necessary or proper party to the suit. Hence, defendant no. 1 BMC be deleted from the suit. It is further submitted that under order 1 rule 10 of CPC court has power to delete the party who has been wrongly added in the suit.
On perused of the plaint it appears that the plaintiff is seeking relief of declaration against defendant no. 3 and no any final relief has been sought against defendant no. 1 BMC. Sub rule 2 of the rule 10 of order 1 of the CPC gives discretion to the court meet every case of defect of the party and is not affected by the inaction of the plaintiff. On perusal of the plaint it appears that no relief has been sought against the defendant no. 1 BMC. Defendant no. 1 BMC is neither proper nor necessary party. Thus appears that defendant no .1 BMC has been improperly joined has defendant. Therefore I passed following order.
ORDER
1. Name of defendant no. 1 BMC be struck out.
2. Plaintiff to carry out necessary amendment.
3. Amended plaint supply to other side.
Adjd. to 19-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
None for defendant No.2 and 3.
Adjd. to 16/06/2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1/BMC present.
None present for defendant No. 2 and 3
Adjd to 09.08.2023 for Necessary order.
Next Purpose: ORDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant No.1/BMC present.
None present for Def No. 2 and 3
It appears that suit is pending since last two dates for compliance as per order dated 18.03.2023 however none appeared for plaintiff. Hence, matter kept for necessary order for non -compliance of order dated 18.03.2023
Adjd to 13.10.2023 for Necessary order
Next Purpose: ORDER
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1/BMC present.
None present for defendants No 1 to 3
As per order dated 18.03.2023 below Exh. 1 plaintiff is directed to carry out necessary amendment and delete the name of deft/bMC. The matter was adjourned 19.04.2023m, 16.06.2023 and 09.08.2023 for compliance of the order but plaintiff has not complied the order. Today none present fro plaintiff. Hence matter adjourned and kept for dismissal of suit for non compliance of order dated 18.03.2023.
Adjd to 21.10.2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: Advocate Mr. Dildar Singh h/f. Mr. Sunil Kumar for plaintiff present submitted that advocate Mr. Sunil Kumar will file V. P. on the next date.
Advocate Mhatre h/f Adv.Suryavanshi for defendant/BMC present.
On request of adv. Mr. Singh, matter is kept back.
Later on :
Same appearance.
Adv.for the Plff. tendered written undertaking to file V.P.
on next date, t.o.r. and marked as Ex.4.
Adjd to 15/12/2023 for Suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1/BMC present.
None present for deft No. 2 and 3
Adjd to 22.12.2023 for suit dismissal
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Advocate Dildar Singh i/b M/s Kumar Associates for plaintiff present and tendered Vakalatnama marked as Exh. 5 and also an application for changing caption of dismissal of suit, marked as Exh. 6. O- Other side to say
Advocate Suryavanshi for defendant No.1/BMC present and has given say on Exh. 6 overleaf.
None present for deft No. 2 and 3.
Order on Exh. 6 – The suit is pending since long for compliance. However considering the reason matter removed from caption of dismissal and time extended to carry out necessary amendment as a last chance.
Adjd to 29.01.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
As per order dated 18.03.2023 plaintiff is directed to struck of name of the deft/BMC from title clause but none present for plaintiff. The plaintiff has not complied order dated 18.03.2023. Hence matter adjourned and kept for dismissal of suit for want of non- compliance.
Adjd to 17.02.2024 for Dismissal of suit.
Later on 5.07 p.m
Adv Rohit Upadhay for plaintiff tendered application for adjournment marked as Exh. 7
Plaintiff is directed to submit medical certificate on next date.
Aleady Adjd to 17.02.2024 for Dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present for plaintiff.
Advocate Jyoti Mhatre-Patil h/f Suryavanshi for defendant no. 1/BMC present.
None present for deft No. 2 and 3.
Suit is today posted for dismissal in default but none present for plaintiff. Hence matter kept back.
Keep back
Later on
Adv. Rohit Upadhay h/f K.P. Ravi for plaintiff present and tendered application for removing the caption of dismissal and seeking permission to amend the plaint marked as Exh. 8
Adv for deft/BMC has given say on Exh. 8. overleaf
Heard Advocate for the paries on Exh. 8
Order below 8
1. The plaintiff has filed this application for removing the matter from the caption of dismissal and permission to amend plaint as per order darted 18.03.2023
2. Deft/BMC strongly opposed application stating that inspite of direction of Court plaintiff not produced medical certificate and also failed to comply the order 18.03.2023
3. Adv for plaintiff submitted that plaintiff is senior citizen and submitted she was suffering from viral infection and taken treatment at home. Therefore plaintiff is not able to submit medical certificate. He further submitted plaintiff be permitted to carry out amendment as per order dated 18.03.2023. it appears that on 22.12.2023 suit was kept for dismissal but as per application of plaintiff caption was changed and also time was extended to carry out amendment and matter adjourned to 29.01.2024 but she has not complied order. Hence suit was kept for dismissal. However in the interest of justice time to carry out amendment is extended subject to cost hence I pass following order
ORDER
Application is allowed subject to cost of Rs. 1000/- credited to DLSA in this office.
Adjd to 18.03.2024 for Compliance
Later on 12.50 p.m
Adv Rohit Upadhay for plaintiff tendered application for withdrawal of suit marked as Exh. 9.
None present for deft No. 2 and 3.
Adv for deft/BMC has given say on Exh. 9 overleaf.
Heard Advocate for the parties.
Order below Exh. 1
The plaintiff has filed an application below Exh. 9 for permission to withdraw the suit unconditionally. Application signed by the plaintiff and she is identified by her Advocate Rohit Upadhay. The plaintiff submitted that she is withdrawing suit unconditionally. Hence it be disposed of. Corporation has given no objection. The plaintiff is withdrawing suit unconditionally. Hence I pass following order.
ORDER
Suit is disposed of as withdrawn as per application below Exh. 9.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-02-2024