Date: 18-01-2019
Business: Adv Mr.D.V.Saroj for plff present and tendered original NM No.252/19 and ch/sum no.103/19. It is TOR.
Adv Mrs.Bhoir for BMC/deft. present and filed say on ch/sum.
Adjd to 21/01/2019 for NM reply and ch/sum hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv D.V.Saroj for plff present.
Adv Mrs.Bhoir for BMC/deft. present
K.B..
Later on..
Adv D.V.Saroj for plff present.
Adv Mrs.Bhoir for BMC/deft. present and filed reply to NM. It is TOR.
Copy is served to other side.
Heard arguments of both sides.
Order on Notice of Motion No.252 of 2019 -
Perused the application, reply filed by thereto and heard both parties at length. Roznama reveals that on 15/10/2018 ad interim relief was rejected for want of authorization of suit structure and for failure of plaintiff to show that the suit premises was a tolerated structure. The defendant corporation has submitted affidavit in reply stating that on 25/10/2018 action of demolition is taken against the suit premises. According to the plaintiff, the suit premises was partly demolished and by way of instant motion he is praying to protect his undemolish part till disposal of the suit. As observed earlier the plaintiff is not entitled for ad interim relief for want of prima facie case in his favour. He did not challenge the rejection of ad-interim relief in superior court. Now, when the defendant corporation is implementing its notice and order u/s.351 of MMC Act, the plaintiff has come before the court. As such is not entitled for any relief in terms of prayer clauses (a) and (b). Hence, Notice of motion is dismissed.
The plaintiff is directed to register the suit on or before next date.
Adjd to 27/02/2019 for ch/sum hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: C/S HEARING
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/deft. present.
KB - LO at 3.25 p.m.
Adv. Mr. Pravin Dhanawade for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adjd to 8/7/2019 for N/M hearing/ Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
Plff is directed to register suit and draft N/M on or before next date.
Adjd to 13.09.2019 for NM/Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Already adjd. to 17.09.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Plaintiff present , his advocate is absent.
Adv. Ms. Patil for MCGM/Defendant present
On oral request of advocate for Defendant, adjournment granted.
Plaintiff is directed to register Suit and NM till next date.
Heard both side.
Order on Chamber Summons No.103/19
Chamber Summons filed by the plaintiff for carrying out amendment in the body of suit. It is stated that, defendant No.1 is completed the demolition of suit premises. The plaintiff got information about the partial damage to the suit premises on 25.10.2018 by the defendant and he wants to incorporate sub sequential Acts in the body of plaint. It will not change nature of suit.
Defendant strongly objected by filing reply.
Heard both sides.
The contents of the amendment does not change nature and character of suit. Plaintiff came to know about the documents after filing of suit, therefore, if ch/s is allowed, it will not cause any loss to other side.
Accordingly I pass the following order.
Order
1. Chamber summons in terms of prayers (a), (b)and (c) is made absolute.
2. Plaintiff to carry out amendment within two weeks from today.
Plaintiff is directed to register suit and NM.
Nature Of Disposal: ALLOWED
Disposal Date: 03-03-2020
