Kiran Mulji Shah St.No.726 of 2019VsMCGM

Date: 18-01-2019
Business: Adv Pratap Singh for plff present and tendered original NM No.260/19 alongwith affidavit. It is TOR.
Adv Mrs.Bhoir for BMC/deft. present.
Heard arguments of both sides.
Order on Ad-interim relief -
Perused contents, heard both sides.
By way of the instant notice of motion the plaintiff has prayed to restrain defendant corporation for demolishing suit structure without following due process of law. Learned advocate for defendant has argued that the plaintiff has no document to show that it is in existence for a long time. However, the defendant corporation, being a local authority, is duty bound to follow due process of law before taking any coercive action against the alleged unauthorised construction. The defendant has filed on record some photographs showing that some construction was demolished. However, the said documents are not filed with affidavit. Moreover, the said documents do not contain any notice prior to taking such action of demolition. Therefore, this is a fit case to grant ad interim relief. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to 20/03/2019 for NM reply.
Authenticated copy be given to the both parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: None for Plff.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
KB - LO at 2.45 p.m.
None for Plff.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
On oral request of advocate for Defendant/MCGM, adjournment granted as last chance.
Adjd to 17/6/2019 for N/M reply.
LO at 3.20 p.m.
Adv. Mr. Pratap Singh for Plff present.
Earlier order, if any, to continue till next date.
Already adjd to 17/6/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Ms. Choudhary for plaintiff present.
Adv. Khandagle for MCGM/Def. present.
On oral request of ld adv for def., adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 19.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Pal for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 07.10.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Mr. Pal for plaintiff present.
Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd. to 10/02/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: I/c of Court Room No.08 Adv Mr. Pal for plaintiff present. Adv Mr. Khandagale for defendant/MCGM present. Earlier order, if any, to continue till next date. Matter adjd to 01/04/2020 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020

Date: 16-04-2020
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: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Matter adjd to 15/03/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 07/06/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv Pratap Singh for plaintiff present.
Adv Tondwalkar for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 15/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv Tushar Momaya for plaintiff present.
Adv Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Adjd. To 29/10/2021 for compliance / NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv Viraj Singh h/f Adv Pratap Singh present for the plaintiff.
Adv Mrs. Tondwalkar for Defendants/ MCGM present and seek time to file NM reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 04.03.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and seeks time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 26/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that senior advocate is unable to argue N/M due to personal reason. Hence, time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 25/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that he will file written arguments on next date. Hence, short date may be granted. Hence, matter is adjourned till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Wrongly on today\''s board. already adjourned to 17.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present. Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to NM. O- granted. Earlier order, if any, to continue till next date. Adjd. to 23-06-2023 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Advocate Viraj Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted
Earlier order, if any, to continue till next date.
Adjd   to    23.08.2023   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Advocate Viraj Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Granted.
Adjd to 09.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Advocate Shailesh Pal h/f Pratap Singh for plaintiff present.
Advocate Khandagale h/f Surayavanshi for defendant /BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  13.12.2023   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: As Court is busy in dictating NM Orders and ad-interim hearing, board discharged and  matter is adjourned.
Adjd. to 03/01/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Matter pertains to C. R. No. 4
Advocate Shailesh Pal h/f Pratap Singh for plaintiff present.
Adv Suryavanshi for defendant BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  11.03.2024  for   NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Pratap Singh for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 12.06.2024  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Advocate Viraj Singh  for plaintiff present.
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as  a matter is five years old.
Earlier order, if any, to continue till next date.
Adjd  to  24.07.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Matter pertains to C. R. No. 4
Advocate Ms. Luman holding for Advocate Pratap Singh for plaintiff present.
Adv.Mr. Botlawar for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 19.08.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance
Earlier order, if any, to continue till next date.
Adjd  to 20.09.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: CORAM H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Mr. Pratap Singh for plaintiff present.
Adv.Mr. Botlawar for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 18.10.2024 for NM Reply and service of Writ of Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Viraj Singh h/f Pratap Singh for plaintiff present.
Advocate Sujata Puri for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as suit is of year 2019.
plaintiff is directed to serve writ of summons on next date
Adjd  to  09.12.2024  for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: CORAM : H.H.J. SHRI R. M. MISHRA  ( C.R. No. 05 )
(Matter pertains to C. R. No. 4 )
Adv. Pratap Singh for plaintiff present.
Advocate Puri for defendant /BMC present.
Earlier order, if any, to continue till next date.
Adjd to 24/01/2025 for NM reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Pratap Singh for the plaintiff present. Adv. Ms. Sujata Puri for defendant/MCGM is present and waived service of writ of summons. She sought time to file NM reply. Time is granted.
Earlier Order, if any, is continued till the next date.
Adjourned for NM Reply/written statement to 09.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Viraj Singh h/f Adv. Mr. Pratap Singh   for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and  sought time to file NM reply. Time is granted strictly as a last chance.
Earlier Order, if any, is continued till the next date.
Adjourned for NM Reply to  20.08.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter Pertains to C. R. No. 04)
Adv. Ms. Luman h/f Adv. Mr. Pratap Singh for present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to file NM reply. Time is granted.
Earlier Order, if any, is continued till the next date.
Adjourned for NM Reply .to 08.10.2025
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Viraj Singh h/f Adv. Mr. Pratap Singh for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and sought time to file NM reply. Time is granted.
Earlier Order, if any, is continued till the next date.
Adjourned for NM reply to 05.12.2025.
Next Purpose: REPLY
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Luman h/f Adv. Pratap Singh   for the plaintiff is present.
Adv. Vidya Vyavhare for defendant/MCGM is present and sought time to file NM reply. Time is granted.
Earlier Order, if any, is continued till the next date.
Adjourned for NM reply to 28.01.2026.
Next Purpose: REPLY
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Luman h/f Adv. Pratap Singh for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file NM reply.
Defendant/MCGM failed to file NM reply. Hence, no reply order passed against the defendant/MCGM.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 16.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Luman h/f Adv. Pratap Singh  for the plaintiff is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing .to 23.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Pratap Singh  for the plaintiff is present and seeks time
to argue NM. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing .to 10.06.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 10.07.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Luman h/f Adv. Mr. Pratap Singh for the plaintiff is present and seeks time for argument in NM. O-Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 09.09.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Viraj Singh  for the plaintiff is present and seeks time to argue on NM. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 04.12.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2026

Registration Number: 100260/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100777/2019
Filing Date: 18-01-2019
First Hearing Date: 18th January 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE