Date: 23-01-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present and filed draft Notice of Motion and Chamber Summons along with affidavit in support. Leave granted.
Advocate Ms. Hajare for Defendant present and filed reply-cum-Written Statement Exh.2 and List of documents Exh.3.
Mr. Rameshwar Wakle, Sub Engineer, L Ward, BMC present.
By consent, case is adjourned to 24/01/2019 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and filed to Chamber Summons.
Heard.
F.R.S.R. following order has passed -
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is directed to file typed copy of amended plaint on record and to serve typed copy of amended plaint on Defendant.
Case is adjourned to 31/01/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Advocate Mr. B. P. Shukla for Plaintiff present and original NM No.369/19 with affidavit in support, t.o.r.
Advocate Ms. Hajare for BMC/Deft present.
Heard arguments.
Case is adjourned to 29/01/2019 for Order on NM 369/19.
Next Purpose: NM ORDERS
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: NM No.369/2019 is partly allowed as per F.R.S.R. order has passed.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Court is busy in hearing final argument in suit no.6630/06 and court has to record evidence in suit no.9166/99 and Judgment in suit no.7320/88, hence case is adjourned to 04/05/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: None for Plaintiff.
Advocate Ms.Hajare for defendant/MCGM present.
Draft issues not filed.
The Case is adjd. To 16.08.2019 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to 04.11.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present.
The case is adjourned to 19.12.2019 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None for plaintiff
Matter is adjd. to 05.03.2020 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Business: Due to Ganpati Holiday matter adjd.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None present for plaintiff.
Adv. Mrs. Tondwalkar h/f Mrs. Mhatre for deft./MCGM present.
Matter is adjd. for framing of issues to 26.02.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Mr. Abhishek Shukla for plaintiff is present and requested short time to tender NM No. 370/19. Time is granted till next date.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 12.04.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Due to Covid-19, as per officer order no. 78/2021 dated 09.04.2021, on Monday 12.04.2021 declared as holiday, hence, matter is adjourned to 12.06.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-11-2021
Date: 03-11-2021
Business: CORAM - H.H.J. SHRI.R.R. BHAGWAT
(Holiday Court)
Adv. Nagendra Shukla for plaintiff present and tendered draft NM and C/S with supporting affidavit t.o.r and Leave is granted to register the NM and C/S.
Heard Adv. Nagendra Shukla for plaintiff.
On perusal of record, it appears that 24 hrs notice is given by the defendant to the plaintiff for vacating the suit premises. The plaintiff insisted for ad interim relief in terms of prayer clause (a) in NM. Considering short period given to the plaintiff for vacating the suit premises and for demolishing of the same, the plaintiff is deprived of an opportunity to approach appropriate forum for redressal of his grievance. Considering all attending circumstances, ad-interim relief in terms of prayer clause (a) is granted till apperance of the defendants after service of notice.
Authenticated copy of this roznama be given to Adv. For plaintiff.
Matter is adjd. To 12-11-2021 for NM & C/S reply.
Next Purpose: REPLY
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to CR NO.11)
Adv Yadav h/f Adv B.P. Shukla for plaintiff present and tendered original registered NM No.2741/2021 along with affidavit in support thereof. TOR. He also tendered original registered Ch/s No.1557/2021 along with affidavit in support thereof. TOR.
Adv Khandagale for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Already adjd. To 17/12/2021 for NM and Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Mr. J.S. Yadav for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
KB LO 4.37 pm.
Adv. for the defendant orally requested for time to file C/S reply and NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for C/S reply and NM/reply to 05/02/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Date: 09-03-2022
Business: Adv. Mr. Ravindra Singh for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Heard both the sides on Ch/s No. 1557/2021.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s Order/NM reply and WS to 30.03.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv. Mr. J.S. Yadav for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
F.R.S.R. following order is passed on Ch/s No. 1557/21:
ORDER
(i). Chamber Summons No.1557/2021 is made absolute in terms
of prayer Clause (a).
(ii). The plaintiff is directed to carry out the necessary
amendment in the body of the plaint, positively within two
weeks from the passing of this Order.
(iii) Costs to follow the event.
(iv). Chamber Summons No. 1557/2021, accordingly, stands
disposed off.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/NM hearing to 22.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Ravindra Singh for plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for compliance to 04.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Ms. Sunita Dueby for the plaintiff is present and orally requested for time to comply. The record shows that the plaintiff has not tendered registered NM on the record. Hence, the matter is posted for NM dismissal and compliance of Ch/s Order. In default, the suit would stand dismissed.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal/compliance to 03.09.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. Sunita Dubey for the plaintiff is present and orally requested for time to argue on NM. Sufficient time is already granted. Hence, this request is discarded.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 21.12.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and orally requested for time to tender registered NM. Time is granted till next date.
Adv. Mrs. J.V. Mhatre for the defendant/MCGM is present.
Adjourned for NM dismissal to 20.02.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested for time to carry out the amendment as per Ch/s No. 1557/2021. He is informed that the matter is pending for NM dismissal.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for NM dismissal to 21.04.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: The plaintiff is present in person. He submitted that he does not want to proceed with the matter and therefore, it may be disposed of.
Adv. Mr. J.S.Yadav for the plaintiff is present.
Adv. Mr. Giri for defendant/MCGM is present.
The advocate for plaintiff filed the application for withdrawal of suit. TOR. It is marked at Exh.4. O-Other side to say. Say filed. Heard. The matter is kept in second session.
L.O. at 3.15 P.M.
Adv. Sunita Dubey for plaintiff is present.
Adv. Mr. Giri for defendant/MCGM is present.
Order Below Exhibit 4 :
Perused the application and say. As the plaintiff does not want to proceed with the suit, he is permitted to withdraw this suit. The suitable Order follows below Exhibit 1.
Order Below Exhibit 1 :
In view of the Order passed below the application (Exhibit 4), the suit is disposed of as withdrawn unconditionally. The pending applications, including NM Nos. 370/2019 and 2741/2021, are also filed. The parties to the suit to bear their own costs of the suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 21-04-2023