Adhya Krantivir Umaji Naik Sevabhavi Sanstha MumbaiVsState of Maharashtra and Ors.

Date: 27-01-2020
Business: matter adjd to 09.04.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present for plaintiff.
Adv.Kapse for defendant/state present.
Matter is adjd. to 05.03.2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Adv. Mr. Vijay  Shriwastav for the plaintiff.
None for defendants.
Matter is adjd. to 27/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv. Pooja Narvekar for plaintiff present.
Adv. Mr. D. Jain h/f Adv. Kudalkar for defendant/State present.
Matter is adjd. to 16/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Ms. Sanna Khan for the plaintiff and tendered registered NM No.1682/2020  alongwith affidavit in support. t.o.r.  and also tendered registered Ch/s  No.735/2020  alongwith affidavit in support. t.o.r.
None for defendants.
Matter is adjd. to 14/01/2022 for NM and Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 31.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. Karan chaudahri present  for plaintiff and sought adjournment.
None present for defendant.
Matter adjourned for nm hrg. To 24/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv.Karan Choudhari for plaintiff is present and sought adjournment for NM hearing.
Adv. Chandramore defendant no.3.
None present for other defendants.
Matter adjourned for NM hearing to 29/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Sana khan present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for nm hrg, to 30/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Narvekar present for plaintiff.
Adv. kudalkar present for defendant 01 and 02.
None present for other defendants.
As per request of advocate for plaintiff.
Matter adjourned for cs and nm hearing to 26/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Ravindra singh present for plaintiff.
Adv. Sachin kadam present for defendant no. 01 and 02/STATE and sought adjournment to file reply.
Matter adjourned for reply to chs. And nm hearing to 03/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Ravindra singh present for plaintiff and sought adjournment.
Plaintiff in person present.
None present for defendants.
Matter adjourned for reply to chs and nm hearing to 09/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Narvekar present for plaintiff.
None present for defendants.
As defendants and their advocates are absent, and failed to file reply Matter adjourned for no cs reply order/nm hearing to 23/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Narvekar present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 03/MCGM.
Adv. Vaibhavi pawar hf adv. kudalkar present for defendant no. 01 and 02./STATE.
None present for other defendants.
From the record it appears that, Inspite of just opportunity, defendants did not filed reply to the cs no.735/2020, Hence, cs no.735/2020 be proceeded without reply of defendants.
Matter adjourned for cs and nm hearing to 27/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Karan Choudhary present for plaintiff and sought adjournment.
Adv. Khandagale present for defendant/MCGM.
None present for other defendants.
Matter adjourned for CS/NM hearing to 07.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv. Karan Choudhary present for plaintiff.
None present for defendant.
On oral request of advocate for plaintiff.
Matter adjourned for Ch/s. /NM Hearing to 13.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Karan Choudhary present for plaintiff.
None present for defendants
On oral request of advocate for plaintiff, Matter adjourned for Ch/s. / NM Hearing to 11.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Ravindra Singh h/f. Adv. Saraogi present for plaintiff.
Adv. Pathak h/f. Adv. Suraj Kudalkar present for defendant/State.
Matter adjourned for Ch/s. hearing/ NM No.4069/2019 for Dismissal to 03.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Adv. Mahima Sharma h/f. Adv. Saraogi present for plaintiff.
Adv. Suraj Kudalkar present for defendant/State.
Notice of motion No.4068/2019 not pressed by advocate for plaintiff. Hence it is disposed off as not pressed.
Matter adjourned for Ch/s. and NM hearing to 19.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Adv. Vikas Mishra h/f. Adv. Saraogi present for plaintiff.
Adv. Suraj Kudalkar present for defendant/State.
Matter adjourned for Ch/s. and NM hearing to 01.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Ravindra Singh h/f. Adv. Saraogi present for plaintiff.
Adv. Krishna Yadav h/f. Adv. Suraj Kudalkar present for defendant/State.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Ch/s. and NM hearing to 05.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: None present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Case is fixed for argument on Notice of Motion No.286/2020 and Notice of Motion No.1682/2020 and chamber summons No.735/2020. Plaintiff failed to advance his arguments on these notices of motion and chamber summons though repeated opportunities were given. Therefore it appears he is not interested in proceeding with these notice of motions and chamber summons. Hence, Notice of Motion No.286/2020, Notice of Motion No.1682/2020 and chamber summons No.735/2020 are disposed off as rejected for want of prosecution.
At this movement Adv. Ravindra Singh present for plaintiff and prayed for opportunity to argue these Notice of Motion No.286/2020, Notice of Motion No.1682/2020 and chamber summons No.735/2020. Opportunity is granted.
Order on Chamber Summons No.735/2020 in L.C. Suit No.2462/2019
       Perused chamber summons and affidavit in support thereof. Defendants failed to file their reply though repeated opportunities were granted. Hence, my learned predecessor in office vide order dated 23.01.2023 ordered to hear the chamber summons without reply of defendants.
       I have heard Shri. Singh learned counsel of plaintiff. He drew my attention towards affidavit in support of chamber summons and submitted that during pendancy of suit the range forest officer threaten to demolish the premises. Therefore plaintiff prepared signed and affirmed a chamber summons for the purpose of joining range forest officer as defendant on 18.02.2020. But the forest officer demolished plaintiffs premises on 18.02.2020. As per contents of affidavit of Anjali Bhosale the land is owned by State and Deputy Collector was empowered to take action in respect of said land. There is confusion about demolition of structure by Forest Officers. Said demolition was done with aid of officers of B.M.C. This shows that forest officers are in collusion with officers of B.M.C. Therefore it is necessary to amend plaint and incorporate pleading and add prayers.
    Shri. Singh submitted that this amendment will not change nature of suit, it will not prejudice defendants. It is necessary for judicious determination of this case.
      I have given thoughtful consideration to submission of Shri. Singh learned counsel of plaintiff. It appears plaintiff was contemplating and taking steps to join forest officer as defendant in this case. But the forest officer demolished suit premises before plaintiff could join him as defendant No.4. Now the text of amendment contains allegations against intended defendant no.4 who is not in existence in this case. Such amendment will not help the court in judicious determination of this case, rather it will cause confusion and obstacles in progress of this case. How can plaintiff be allowed to incorporate pleadings and prayers against a person who is not party to the litigation. For this reason only I pass following order
ORDER
1. Chamber Summons No.735/2020 in L.C. Suit No.2462/2019 is rejected.
2.  Chamber Summons No.735/2020 is stands disposed off.
Matter adjourned for hearing on NM No.286/2020 and 1682/2020 to 28.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. Neha Pandey present for plaintiff. She prayed for an adjournment. Adjournment is granted as last chance.
Adv. V. G. Shinde present for defendant/BMC.
Adv. Suraj Kudalkar for defendant/State present.
On oral request of advocate for plaintiff, Matter adjourned for hearing on NM No.286/2020 and 1682/2020 to 06.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Adv. Ravindra Singh present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Adv. Suraj Kudalkar for defendant/State present.
Matter adjourned for hearing on NM No.286/2020 and 1682/2020 to 10.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Adv. Pooja Narvekar present for plaintiff. She prays for an adjournment on ground that, an appeal is pending against order in chamber summons.
Adv. Apurva Dalal present for defendant/BMC.
Adv. T.A. Dhotre h/f. Adv. Suraj Kudalkar for defendant/State present.
Adjournment is granted as last chance. Plaintiff to note that no further adjournment shall be granted on any ground.
Matter adjourned for hearing on NM No.286/2020 and 1682/2020 to 04.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: Adv. Ravindra Singh present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Adv. Suraj Kudalkar for defendant/State present.
Matter adjourned for hearing on NM No.286/2020 and 1682/2020 to 08.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. Neha Pandey present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Adv. Suraj Kudalkar for defendant/State present.
Though both the motions are of year 2020. Till date no reply is filed. Hence, motions to proceed without reply.
Matter adjourned for hearing on NM No.286/2020 and NM 1682/2020 to 28.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: As per Office order NO.142 of 2025 dated 24.03.2025, The
Presiding Officer relieved from duty w.e.f. 27th March, 2025 (A.N.)
to attend Special program on NDPS Act, Prevention of Corruption
Act and other subject on 28th and 29th March, 2025 at MJA, Uttan,
Thane. Hence, Matter adjourned for hearing on NM No.286/2020
and NM 1682/2020 to 02.05.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: Adv. Slegha Ramchandran present for plaintiff and sought adjournment. O- On oral request of plaintiffs adjournment granted.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for NM hearing to 22/08/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv. Ravindra Singh for plaintiff present and seek time. Time granted.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for hearing on NM No.286/2020 and NM 1682/2020 to 17.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Adv. Neha Pandey for plaintiff present and seek time. Time granted.
Adv. Apurva Dalal for defendant/BMC present.
Adv. Vaibhavi Pawar h/f. Adv. Suraj Kudalkar for defendant No.1 and 2/State present.
Matter adjourned for hearing on NM No.286/2020 and NM 1682/2020 to 10.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Suraj Kudalkar for defendant No.1 and 2/State present.
Matter adjourned for hearing on NM No.286/2020 and NM 1682/2020 to 11.02.2026.
Judge
Later on 03.31 p.m.
Adv. Amit Upadhay for plaintiff present.
Matter is already adjourned for hearing on NM No.286/2020 and NM 1682/2020 to 11.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: Adv. Neha Pandey for plaintiff present and seek time to argue on NM. Both motions are pending since long. Plaintiff has not taken positive steps to proceed with those NMs. Ld. Adv. for plaintiff submits that, they are going to file ch/s. and sought time. But since these NMs are pending since long, those be kept for dismissal order.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Priyanka Gaonkar h/f. Adv. Suraj Kudalkar for defendant No.1 and 2/State present.
Matter adjourned for dismissal order on NM No.286/2020 and NM 1682/2020 to 07.03.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: None present for defendants.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Aditya Ragadde h/f. Adv. Suraj Kudalkar for defendant No.1 and 2/State present.
Matter adjourned for dismissal order on NM No.286/2020 and NM 1682/2020 to 26.03.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: None present for defendants.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. T. A. Dhotre h/f. Adv. Suraj Kudalkar for defendant No.1 and 2/State present.
The Notice of Motion No.286/2020 and NM No.1682/2020 are pending since long, the plaintiff was directed to proceed with those Notice of Motions but plaintiff failed and therefore those notice of motions listed for dismissal order. Inspite of such order, plaintiff has not pursued. Hence,  Notice of Motion No.286/2020 and Notice of Motion No.1682/2020 are dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 26-03-2026

Main Case No: SUIT/0102462/2019
Main Cnr: MHCC010090372019
Main Filing No: 111447

Registration Number: 100286/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100286/2020
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 100099/2020
Filing Date: 17-01-2020
First Hearing Date: 27th January 2020
Decision Date: 26th March 2026
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE