Savitri Jagshi Shah through her Constituted Attorney Jagshi Malshi ShahVsMCGM +3 more

Date: 27-01-2021
Business: Adv. Mr. Nitesh Aacharya for the plaintiff.
Application u/sec. 80 (2) moved by advocate for the plaintiff.
Heard Ld. Advocate for the plaintiff.  It seems that on 21/01/2021, the plaintiff  had issued notice to the State Government and Mumbai Municipal Corporation. It is alleged that on 22/01/2021, Officers of Mumbai Municipal Corporation tried to demolish the suit premises, but after great persuasion, they gave 24 hours time to the plaintiff.  The plaintiff has approached this Court for urgent relief of injunction.  Considering the said fact, to my mind, it is expedient in the interest of justice to dispense with the notice u/sec. 80 of CPC to defendant No.4. Accordingly, service of the notice u/sec. 80 of CPC to defendant No.4 is waived.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: By praecipe.
Adv. Mr. Fayzan Khan for the plaintiff.
Adv. Chandramore for the defendants No.1 to 3.
Mr. Vaibhav Kamble Junior Engineer of BMC present.
Adv. Mr. Khatib for the defendant No.4.
Advocate for the plaintiff tendered registered N/M No.246/2021 along with affidavit in support. t.o.r.
Mr. Vaibhav Kamble Junior Engineer of BMC states that till next date, no action will be taken against the plaintiff.
Matter is adjd. to 04/02/2021 for reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. Khatib for D/4 present.
Adv. Khan for plaintiff present.
Adv. Chandramore for Defendant no. 1 to 3 present.
Shri.Vaibhav Kamble and Shri.Pawan Birewal Jr. Engineer present.
Plaintiff to serve copy of the plaint and annexures thereof to defendants.
Adv. For defendants no.1 to 3 undertakes not to take action against the plaintiff till next date.
Matter is adjd. to 12/02/2021 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Mr.  Nitesh Aacharya for the plaintiff.
Adv. Chandramore the defendants No.1 to 3.
Adv. Mr. Khatib for the defendant No.4
KB
L.O.
Mr. Vaibhav Kamble of BMC is present. He submits that till next no action will be taken against plaintiff.
Reply filed by defendants No.1 to 3.
Matter is adjd. to 17/02/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Mr. Altaf Khan for the plaintiff.
Adv. Chandramore for the defendants No.1 to 3
Adv. Mr. Khatib for the defendant No.4.
Mr. Vaibhav Kamble of BMC is present.
Rejoinder filed by advocate for the plaintiff.
Heard argument of Ld. Advocate for the plaintiff.
Advocate for the defendants No.1 to 3 submits that till next no action will be taken against plaintiff.
Matter is adjd. to 18/02/2021 for argument of defendants.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv. Mr. Altaf Khan for the plaintiff.
Adv. Chandramore for the defendants No.1 to 3
Adv. Mr. Khatib for the defendant No.4.
Mr. Vaibhav Kamble of BMC is present.
Compilation of documents filed by ld. Advocate for the plaintiff.
Heard arguments of Ld. Advocate for the plaintiff, defendants No.1 to 4.
Advocate for the defendants No.1 to 3 submits that till next no action will be taken against plaintiff.
Matter is adjd. to 22/02/2021 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv. Mr. Altaf Khan for the plaintiff.
Adv. Chandramore for the defendants No.1 to 3
Adv. Mr. Khatib for the defendant No.4.
ORDER
1. Notice of Motion No. 251 of 2021 is partly allowed.
2.Let defendants No.1 to 3 be temporarily restrained from demolishing the suit premises until the Competent Authority orders demolition of the suit premises under Section 351 of the MMC Act or awards monetary compensation or temporary or permanent accommodation to the plaintiff as per the Policy Guidelines No.Ch.E./DP/19922/ES dated 20.03.2017 for removal of Bottlenecks/Missing links of DP Roads, TP Roads and RL or until the final decision of the suit whichever is earlier.
3.Costs shall be costs in the cause.
4.Notice of Motion No.251 of 2021 is disposed of accordingly.
Matter is adjd. to 01/04/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 16/06/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Mr. Yash Mishra for the plaintiff present.
Adv. Ms. Chandramore for defendants No.1 to 3 present.
Adv. Khatib for defendant No.4 present.
Matter is adjd. to 01/09/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: (Matter pertains C.R. No.09)
Adv Rajesh Kanojiya h/f Adv Nitesh Acharya for plaintiff present and tendered affidavit of service, t.o.r.
None for defendant nos.1 to 3.
Adjd. To 04/09/2021 for reply by defendant on review application and hearing.
Next Purpose: SERVICE
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: (Matter pertains to C.R. No.09)
Adv Rajesh Kanojiya h/f Adv Nitesh Acharya for plaintiff present.
Adv Chandramore for defendant nos.1 to 3 present.
Adv. Khatib for defendant No.4.
Adjd. To 08/09/2021 for service
Next Purpose: SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: CORAM  H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.09)
Adv Rajesh Kanojiya for plaintiff present.
None for defendants.
Heard advocate for the plaintiff on review application no.81/2021.
Adjd. To 09/09/2021 for order on review application
Next Purpose: SERVICE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: CORAM  H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.09)
Adv Rajesh Kanojiya for plaintiff present.
None for defendants.
Court time is over.
Adjd. To 16/09/2021 for order on review application.
Next Purpose: SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv khan present for petitioner present.
Adv Chandra more present for defendant/BMC.
As court is busy in inspection of Notary Work, hence, Matter adjourned to. 28/09/21.
Next Purpose: SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence,  board is discharged.
Matter is adjd. to 16/10/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today. Hence, Matter is adjd. to 23/10/2021.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Adv. Mr. Kanojiya for the plaintiff present.
None for defendants No.1 to 3.
Adv. Mr. Khatib for the defendant No.4 present.
Heard arguments of ld. advocate of plaintiff and ld. advocate of defendant No.4.
Advocate for defendant No.4 submitted that he has not served copy of Review Petition. Therefore, he could not argue. Roznama disclosed that already argument over before in-charge court and petition posted for order. Accordingly, the petition for posted for order.
Matter is adjd. to 10/11/2021 for order on review petition.
Next Purpose: SERVICE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: As Court is busy in hearing arguments in NM 4869/19 in Suit No.2390/13. HCTB matter. Hence, Board discharged.
Matter is adjd. to 02.12.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Yash Mishra present for the plaintiff.
None present for the defendant.
Matter is adjd. to 25.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for the both the parties.
As Court is busy in hearing argument in SU No.230/22 and Recording Evidence in SU No.4411/07. Hence, matter adjourned.
Matter is adjd. to 28.04.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: None present for plaintiff.
Adv. Kapse present for defendant no. 04.
Adv. Chandramore present for defendant 01 to 03/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for hearing on Review Petition to 05/05/22.
Next Purpose: HEARING
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv. absent for plaintiff.
None present for defendant.
Plaintiff in person present and sought adjournment.
Matter adjourned for hearing on Review petition to  13/06/22.
l.o. at 12.31 pm.
Adv. Khatib present for defendant no. 04.
Adv. Chandramore present for defendant/MCGM.
Adv. Pooja mishra present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 01 to 03/MCGM and sought adjournment to file reply to the RP.
Adv. Khatib present for the defendant no. 04.
Matter adjourned for reply/hearing on RP to 24/06/22.
l.o. at 12.10 pm.
Adv. Pooja present for plaintiff.
Plaintiff in person present.
Next Purpose: HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Pooja Mishtra h/f Adv. Altaf Khan  for plaintiff.
Adv. Chadramore for defendant nos.1 to 3 is present and sought adjournment to file reply to the review petition.
None for other defendants.
Matter adjourned for reply/hearing on review petition to 18/07/2022.
Next Purpose: HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 01 to 03/MCGM.
Adv. Khatib presnt for the defendant no. 04.
l.o. at 02.48 pm.
Adv. Norbert D''souza present for the plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
Matter adjourned for reply as a last chance and for hearing on RP to 22/07/22.
Next Purpose: HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: None present for the plaintiff.
Adv. Chandramore present for defendant/MCGM and he tendered affidavit in reply to the Review petition no. 82/2021 t.o.r.
Adv. Priyanka gavkar hf. Adv. khatib present for deff. no. 04.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order of RP to 03/08/22.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. Khatib present for deff. no. 04.
None present for other defendants.
Kb
l.o. at 01.00 pm.
Adv. Khatib present for the defendant no. 04.
Adv. Chandramore present for defendant/MCGM.
kb.
l.o. at 03.45 pm.
None present for the plaintiff.
From the record it appears that, plaintiff and his adv. Are absent since long and did not take steps to proceed further with the suit and review petition no. 82/2021 and therefore matter is kept for dismissal order of review petition no. 82/2021. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the  the review petition no.82/2021. Therefore, it will be appropriate to dismiss the review petition no. 82/2021 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, review petition no. 82/2021 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
Matter is adjd. Proof of service of writ of summons/WS to 17/08/22.
Next Purpose: SERVICE
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: None present for plaintiff.
Adv Chandramore present for defendant/MCGM.
Adv Khatib present for defendant/STATE.
As plaintiff and his Adv are absent and did not take steps for service of writ of summons/production of proof of writ of summons.
Matter adjourned for dismissal order to 30.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: None present for plaintiff.
Adv. Khatib present for defendant/STATE.
Adv. Chandramore present for defendant 01 to 03/MCGM.
Matter adjourned for dismissal order to 17/09/22.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Matter called out at 12.07 pm.
None present for plaintiff.
Adv. Bhandari hf adv. khatib present for defendant 04.
None present for other defendants.
Kb
l.o. Matter called out at 03.10 pm.
None present for the plaintiff.
From the record it appears that, plaintiff and his advocates are absent since long and did not take steps to proceed further with the suit and therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 17-09-2022

Registration Number: 100144/2021
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100144/2021
Transfer Date: 05-04-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 100823/2021
Filing Date: 23-01-2021
First Hearing Date: 27th January 2021
Decision Date: 17th September 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE