Date: 29-01-2019
Business: None present for plff.
Adjd to 12/03/2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Ms. Ankita Upadhyay I/b Adv. Sonali Dahotre for Applicant present and tendered original Ch/s No.385/19 alongwith affidavit.
Adv. Mr. Vikas Singh for Plff present.
Adv. Mr. Omar Khaiyam Shaikh for Deft No.1 present.
Adv. Mrs. Vyavhare for MCGM/deft No.2 present.
Order
Heard both sides at length on the point of grant of status quo directing Deft/judgment debtor and his family members not to create third party interest in the suit premises. Ld. Adv. for Deft No.1 strongly opposes the prayer stating that the decree is already executed and there are no four rooms forming part of the suit premises as alleged by DH. However, this is an earlier stage of hearing. No harm will be caused it status quo is granted. Therefore both parties to maintain status quo and they should not create any third party interest in the suit premises till next date.
Adjd to 15/4/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Mr. Vikas Singh for original Plff/applicant present and tendered reply to Ch/s No.385/19. Copy be served to otherside.
Adv. Ms. Chaitali Chaudhary for Resp. No.1 present.
Adv Mrs. Bhoir for MCGM/Resp No.2 present.
Earlier order, if any, to continue till next date.
Adjd to 26/6/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Adv. Vikas Singh for DH present.
Adv. Chaitali Choudhary for JD no. 1 present.
Adv. Khandagle for JD. No. 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 02.08.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. V.K. Singh for Plaintiff present.
None for Defendant.
Earlier order, to continue, till next date.
Adjd. to 09.09.2019 for Ch/s. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: None for D.H. and JD No.1.
Adv. Mr. S.C. Khandagale for JD.no.2/MCGM present.
None for applicant.
L.O.
Adv. Vikas Singh for DH present.
Earlier order, if any, to continue till next date.
Adjd to 16/10/2019 for C/S hearing/ Dismissal.
Next Purpose: C/S HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: None for DH.
Adv. Mrs. D.D. Patil for JD No. 2/MCGM present.
Adv. Sheth for JD No. 1.
Adv. Ankita Upadhyay for applicant present.
Applicant present.
KB
LO
heard applicant and JD No. 1\''s Advs. On c/s No. 385/19.
Adjd to 16-12-2019 for C/S Hearing (Argument of DH)
Next Purpose: C/S HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Vikas Singh for D/H present.
Adv. Mr. S.C. Khandagale for J/D. NO. 2/MCGM present.
Adv. Ankita Upadhyay for applicant present.
KB
Heard both sides in C/S
Earlier order, if any, to continue till next date.
Adjd to- 18-12-2019 for C/S Order .
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: None for D.H..
Applicant is present.
None for J.D.No. 1.
Adv. Mrs. D.D. Patil for J.D. No. 2/MCGM present.
KB LO
Order on C/S No. 385/19 -
Perused C/S, reply filed thereto and heard both sides. By this C/S the applicant has claimed that his structure admeasuring 110 sq.ft. at survey no. 24 was attached in execution of warrant of attachment dated 01-10-2001 without there being any order of attachment thereof and he has prayed to raise the said warrant of attachment and to restore possession thereof to him. After going through the history of this case, the court receiver took possession of the above structure from the applicant on 22-09-2017 after contempt petition was filed against his father before Hon\''ble Bombay High Court. Moreover, the decree in LC Suit no. 6460/1992 is very clear and not only JD No. 1 but also his family members were directed to remove their articles form the suit premises shown in red colour in the sketch annexed to the plaint therein. Therefore, the subsequent changes in the said room can not be given any importance. For the reasons stated above C/S is devoid of merits and it is rejected.
Earlier order, if any, to continue till next date.
Adjd to 20-01-2020 for N/M service and reply .
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: None for plaintiff.
None for JD 1present.
Adv. Khandagle for MCGM J/D -2 present.
Earlier order, if any, to continue till next date.
Matter adjd to 06.03.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv.Vikas Singh for Applicant/plaintiff present.
None for defendant No.1.
Adv. Khandagle for MCGM/Deft.No.2 present.
No reply against both the defendants.
It is stated by Adv. Khandagale corporation is formal party.
Earlier order, if any, to continue till next date.
Matter adjd to 13.04.2020 for NM-320/19 hrg.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff/applicant.
None for deft no.1.
Adv. Khandagale for deft no.2/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 17/02/2021 NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: As court is on leave today, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Vikash Singh for plaintiff present.
None for deft no.1.
Adv. Khandagle for deft no.2/MCGM present.
Adv. for plaintiff submitted that despite of service of deft no.1, none present from deft no.1. Hence NM No.320/19 is proceeded without reply against deft no.1 only.
Adv. for plaintiff submitted that as the Corporation is the formal party. We are not pressing anything against Corporation. Suit No.6460/92 which was filed against the deft no.2 (BMC) was withdrawn by the plaintiff and therefore contesting party is deft no.1 only. Therefore, matter is adjourned for argument on NM No.320/19.
Matter adjd to 19/04/2021 for Hearing on NM No.320/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Vikash Singh for applicant / plaintiff present.
None for JD/ defendant no.1
Adv. Mrs. Tondwalkar for JD/ original Defendant no.2/MCGM is present.
Heard both sides on NM NO.320/19.
Adjd. To 13/08/2021 for order on NM NO.320/19.
Next Purpose: NM ORDERS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Mr. Siddhesh Sharma nephew of applicant/original plaintiff present. Applicant/original plaintiff and his advocate is absent.
None for JD/ defendant no.1
Adv. Mrs. Tondwalkar for JD/ original Defendant no.2/MCGM is present.
The defendant no.1(J/D-1) and his advocate absent. Therefore, matter is adjourned for the argument of defendant no.1. If on the next date, defendant no.1(J/D -1) fail to argue the matter, further order will be passed.
Adjd. To 04/09/2021 for argument of defendant no.1 in N/m/ order on NM NO.320/19.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv Vikas Singh for applicant / original plaintiff present.
None for respondent no.1.
None for respondent no.2/ MCGM.
Heard advocate for applicant / original plaintiff in NM NO.320/2019
Adjd. To 07/09/2021 for order on NM No.320/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv Vikas Singh for applicant / original plaintiff present.
None for respondent no.1.
None for respondent no.2/ MCGM.
Adjd. To 15/09/2021 for order on NM No.320/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Vikas Singh for applicant / original plaintiff present.
None for respondent no.1/ original defendant no.1.
None for respondent no.2/ original defendant no.2/ MCGM.
F.R.S.R. Following order is passed on NM NO.320/2019-
ORDER
1. Prayer clause (b) in N/M. No.320/2019 is granted till decision of Execution Application No.105/2001.
2. Notice of Motion No.320/2019 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 15-09-2021
