Ibrahim Vali PatelVsMCGM

Date: 21-01-2020
Business: F.R.S.R. following order on is passed -
Order -
1.  Ad-interim relief is granted till next date.
2.  Defendant s directed to restore electricity and water supply in suit premises only.
Matter adjd to 28.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Shukla  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
 Matter adjd to 04.05.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2020

Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-05-2020

Date: 26-05-2020
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: 11-06-2020

Date: 11-06-2020
Business: Parties and advocates absent.
Matter adjd to 06/10/2020 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None for Plaintiff.
Adv. Mrs. Hajare h/f. Adv. Mr. Khandagale for Defendant/MCGM present and requests for time to file reply to NM No. 332/2020. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 17/02/2021 for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv. Khandagale for deft/MCGM present and request for time to file reply to N.M. No.332/2020. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. J. S. Yadav h/f Adv. B. P.  Shukla for plaintiff present and tendered draft Ch/s alongwith affidavit in support. Leave is granted to register the Ch/s, returnable on next date.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.332/2020. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 11/06/2021 for NM Reply/ Service and Reply to Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv B.P. Shukla for plaintiff present and tendered original registered Ch/s No.674/2021 along with affidavit in support thereof. TOR.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM and Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for NM and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv Smita Chavan h/f Adv Rawade 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 25/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Mr. Ravindra Singh h/f. Adv. Mr. B.P. Shukla for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 20/12/2021  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 16/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Ravindra Singh h.f. Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla 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 07/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla 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 07/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Court is busy in dictating order in Ch/S and urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 06/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and has given say on Ch/S overleaf.
Following order is passed on Ch/S No.674/2021-
O R D E R
1.     The applicant have taken out Ch/S for bringing on record LRs of the plaintiff, who died on 22/03/2020. It is contended that the plaintiff died on 22/03/2020 but due to ongoing pandemic and national lock-down the functioning of Courts were also disrupted. Hence, Ch/S is not taken out on earlier occasion. Therefore, applicant prayed for taking on record LRs of the deceased plaintiff and condonation of delay.
2.     Defendant/ corporation opposed Ch/S stating that Ch/S is taken out after period of limitation and same deserves to be dismiss.
3.     Heard Adv. for the parties.
3.     On perusal of photocopy of death certificate filed along with Ch/S it appears that the plaintiff died on 25/03/2020 and this Ch/S as been taken out on 26/03/2021 i.e. it is not taken out within a period of limitation. As per article 120 of the Limitations Act application for bringing on record LRs of the deceased plaintiff or defendant is to be filed within a 90 days from the date of death. Present Ch/S has been taken out after 90 days. However, Hon\''ble Apex Court in suo moto Writ Petition No.3/2020 excluded the period of limitation from 15/03/2020 to 28/02/2022 for the purpose of limitation prescribed under any general or special law. It is further held that in case where the limitation would have expired during period between 15/03/2020 till 28/02/2022 notwithstanding the actual balance period of limitation remaining all persons shall have limitation period of 90 days from 01/03/2022. This Ch/S has been taken out on 26/03/2021. Thus, I hold that Ch/S has been taken out within a limitation. The suit has been filed for compensation and declaration against defendant No.1. Thus, the right to be sued survives upon LRs of the deceased defendant No.1. In the circumstances the Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.     Ch/S No. 674/2021 is allowed in terms of prayer clause (a).
2.     The applicant to carry out necessary amendment till next date.
3.     Amended copy of the plaint be supply to other side.
Adv. for defendant/ BMC requested time to file reply to N/M. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 20/02/2023 for compliance and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: As Court is busy in urgent N/M hearing and passing ad-interim orders, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 17/03/2023 for compliance and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv V.P. Shukla for plaintiff requested time to comply the order as legal heirs had been out of Bombay and they will come in next week hence, time is extended to carry out amendment till next date.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to NM.
Earlier order, if any, to continue till next date.
Adjd. to  01-04-2023 for compliance / NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv. Sunita Dubey h/f Adv. B.P. Shukla for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and submitted that he has received copy of amended plaint. He requested for time to file N/M reply. O-Granted.
Earlier order, if any, to continue till next date.
Matter adjd to 26.04.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Sunita Dubey h.f. Adv. B.P. Shukla for plaintiff is present.
Adv. Mr. Suryavanshi for defendant / BMC is present and requested time to file NM reply. Granted.
Earlier order if any to continue till next date.
Adjd. to 26.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Advocate Sunita Dubey h/f B.P.Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM.
Adv for pl submitted matter is pending since January 20 for reply to NM. However in the interest of justice time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 13.09.2023 for NM  Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Advocate Sunita Dubey for plaintiff present and submitted that NM is pending since long for reply.
dvocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to  20.12.2023   for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Advocate Chaurasia h/f B. P. Shukla 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 05.02.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. B.P. Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and requested time to file N/M reply, hence adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 18.03.2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Advocate Sagar Chaurasia h/f Shukla 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 26.06.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: As Court is busy in urgent Ad-interim and NM Hearing matters, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  06.09.2024   for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: Advocate Ravindra Singh for plaintiff present.
Advocate Honmane 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 22.11.2024     for  NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: (Not on board, taken on Board for placing the matter before National Lok-adalat.)
Matter is referred to National Lok-adalat, will be held on 28.09.2024.
Issue notice to plaintiff to remain present before National Lok-adalat at 10.30 am.
Adjd for Lok-adalat to 28.09.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertain to Court Room No. 4
Plaintiff and advocate absent
Adv Botlawar for MMC/ Defendant (Ward M West ) present.
Earlier order, if any, continued till next date.
Adjd for N/M Hrg  on 22.11.2024
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate J. S. Yadav h/f Shukla for plaintiff present.
None present  for defendant/BMC.
Earlier order, if any, to continue till next date.
Adjd  to  10.01.2025  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to argue the NM. Time is granted.
Adv. Ms. Sangita Honmane  for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 07.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Heard both sides on NM. Earlier Order, if any, is continued till next date.
Adjourned for NM Order to 03.03.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P.  Shukla for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Following Order is passed in NM No. 332/2020 :
01.	Considering the rival stands, at the outset, it is worth to be noted that by filing this suit, the plaintiffs restricted their prayer to restrain the defendant from demolishing the suit premises without following due process of law. They contended that no ‘notice’ was ever issued against the suit premises. The record goes to show that earlier on 21.01.2020, this Court granted ad-interim relief in to the plaintiff and the same is continued till date. While passing the said Order, my Ld. Predecessor referred to reply dtd. 27.03.2019 of Mr. Sameer Mhate, the Structure Engineer, where he informed that the said structure was surrounded by the stalls inside compound and it were situated in compulsory open space. Hence, the same were not included in ‘area certification’. The record shows that even the suit premises is one of the said stalls. On this backdrop, as it was never forming part of the building, but was situated at compulsory open space, the plaintiff was granted interim relief. In the circumstances, it is clarified that the suit premises was not parcel of the structure, which was in dilapidated condition. More so, admittedly, no notice was issued to the suit premises. Consequence thereto, even if it is located at compulsory open space and therefore, it can’t be strictly termed as legal, still, the defendant is to follow the due process of law prior to taking the same for demolition. It is needed, specially when even after passing of the above said Order dtd. 21.01.2020, the defendant didn’t contest this NM. Being so, there is no change in the scenario prevailing at the relevant time. Therefore, the suit premises needs to be protected till it is legally removed. Hence, the Order:
1.	Notice of Motion No. 332/2020 is partly allowed. The 	defendant, its agents, its servant and anybody else claiming 	through it are restrained to proceed against the suit 	premises, except by following the due process of law.
2.	Notice of Motion No. 332/2020 is, accordingly, disposed of.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for Lok-adalat/written statement to 22.03.2025
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: NATIONAL LOK-ADALAT DATED 22.03.2025                                             PANEL NO.3
_____________________________________________
Plaintiff is absent.
Adv. Sunita Dubey for plaintiff present.
Adv. Sangita Honmane for BMC is absent.
Ms. Priyanka Wavade, Officer of BMC is present.
Matter is not settled.
Matter adjourned to 12.06.2025.
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Ms. Honmane for defendant/MCGM is present and sought time to file written statement. Time is granted. Caption is changed.
Adjourned for written statement to 13.08.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
They have not filed WS within time. Hence suit to proceed without WS of defendant/MCGM.
Adjourned for Evidence (without WS) to 19.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
None present for defendant/MCGM
Today due to heavy rains and bad whether forecast as well as difficulty to the Advocates during commutation, they are absent before Court. Owing to said reason the  proceeding is adjourned on next date with the same stage.
Adjourned for Evidence (without WS) to 07.10.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. Mr. Yadav  for the plaintiff is present and requested for adjournment.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for  R/E to 30-10-2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Sunita Dubey for the plaintiff is present and requested for adjournment.
Adv. Ms. Rupali Patil h/f Adv. Sangeeta for defendant/MCGM is present.
Adjourned for recording evidence to 15.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Adv. Yadav for the plaintiff is present and requested for adjournment.
Adv. Vidya Vyavhare for defendant /MCGM is present.
Adjourned for recording evidence to 11.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Sunita Dubey  for the plaintiff is present and seeking time to produce some documents. O- Granted
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence /R.E..to 08.04.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Sunita Dubey for the plaintiff is present and seek time to file evidence and documents.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Recording evidence to 23-07-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. J. S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present and seeks time to withdraw the suit but today plaintiff is not present. O- Time is granted.
Adv. Ms. Rupali Patil h/f Adv. Ms. Vyavhare for defendant/MCGM is present.
Adjourned for withdrawal of suit to 07.08.2026
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-08-2026

Date: 07-08-2026
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 withdrawal of suit .to 14.08.2026
Next Purpose: WITHDRAWAL
Next Hearing Date: 14-08-2026

Date: 14-08-2026
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.
	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, at the request of Ld Adv of plaintiff, suit was kept twice for withdrawal, even though, plaintiff remained absent. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2020. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-08-2026

CHAMBER SUMMONS/100674/2021
NOTICE OF MOTION/100332/2020

Registration Number: 100237/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 100793/2020
Filing Date: 17-01-2020
First Hearing Date: 21st January 2020
Decision Date: 14th August 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE