Dnyaneshwar Vasudeo Nakhwa +1 moreVsMCGM +2 more

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 04.06.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: None present for plaintiff.
Adv Smt. Rawade for defendant/MCGM present.
Matter adjourned for directions to 22.12.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv Jyoti Vaiti present for plaintiff.
None present for defendant.
Plaint at Exh.1.
VP at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4.
Adv of plaintiff tendered writ of summons at Exh.5.
In the affidavit it is contended by belief that defendant no.2 and 3 are duly served.
Matter adjourned for WS of defendant no.2 and 3 to 03.02.2021.
LO at 11.45 am.
Adv Rawade present for MCGM/defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Adv Jyoti Vaiti present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
None present for defendant no.2.
Matter adjourned for WS to 17.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Chetan Shah present for plaintiff.
Adv. Nandanwar present for MCGM/defendant and sought adjournment.
Matter adjourned for WS to 21.06.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: As presiding Officer is On Leave Today Hence Matter is Adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is adjd. to.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv. absent for plaintiff.
Adv. Soraan @ adv. Diwate present  for MCGM/defendant.
plaintiff present.
As court is busy in dictating order in suit no. 2441/2011 and order on nm no. 2126/14 and NM no. 2127/14 in Suit no. 1592/14 and suit no. 1593/14 and As plaintiff and his adv. absent. Hence,
Matter adjourned for WS to. 01/02/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Vyavhare for MCGM/defendant
As Court is busy in dictating the orders. Hence, for want of time board is discharged.
Matter adjourned for written statement to 30/06/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None for Plaintiff.
Adv. Pradeep Dubey for defendant No.3 present and filed V.P on behalf of defendant No.3.TOR. Exh.6.
Matter is adjd for W/S on 30-08-2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: As P.O. is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Deft No. 3 present.
K.B. L.O.
Adv Pradip Dubey for deft no. 3 present and and tendered Draft NM along with affidavit in support. TOR. O- Leave to register is granted.
He also tendered W.S. TOR.
Matter is adjd for NM service and reply  on 23-01-2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: As court is busy in urgent hearing matters i.e. Suit No.539 of 2015. Hence want of time board is discharged.
Adv Pradeep Deubey for Plaintiff present and seeking extension to registration of NM. O- Time extended till next date.
Matter is adjd for W/S on 03-03-2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As P.O. is on leave. Hence matter adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Adv. Dubey for D-2 present.
Matter is adjd. to 04.08.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: None for plaintiff.
Adv. Pradeep Dubey for D-3 present.
Ld. Adv. for D-3 has tendered registered NM No. 383/23 along with affidavit in support.  TOR.
The D-3 is directed to serve the NM upon the advocate for the plaintiff.
Matter is adjd  to 16.10.2023 for NM service.
L.o. at 2.45 p.m. Adv. Chetana for Plaintiff present.
Ld. Adv. For plaintiff has filed reply on overleaf of the NM No. 383/23. TOR.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: None for Plaintiff.
Adv. Pradeep Dubey for D-3 present.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 04.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: None for Plaintiff.
Adv. Pradip Dubey for D-3 present.
Adv. Pradip Patil for MCGM present.
The P.O. is busy in dictating NM orders in Suit No. 909/18, Suit No. 2688/18 and Suit No. 1251/22. Hence, adjourned.
Matter is adjd  to 29.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: None for Plaintiff.
Adv. Pradeep Dubey for D-3 present.
Adv. Pradip Patil for MCGM present.
Heard arguments of both sides on NM No. 383/2023.
Matter is adjd to 13.02.2024 for order on NM No. 383/23.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
FRSR the following order is passed -
Order on NM No. 383 of 2023
This notice of motion is taken out by the defendant no. 3 for condonation of delay of 377 days in applying for permission to file written statement on record.
   Perused affidavit in support of the notice of motion and say. Heard both sides.
   Apart from the reasons, mentioned in the affidavit, Ld. Adv. for the plaintiff submitted that due to COVID-19 restrictions in the wake of pandemic, the defendant no. 3 could not file his written statement on record. However, in Misc. application No. 665 of 2021 in SMW (C) No. 3/2020 dtd. 27.4.2021, as mentioned in the affidavit of the plaintiff period exempted by the Honble Supreme Court is from 15.03.2020 to 02.10.2021. On the other hand, the D-3 himself has contended that papers and proceedings were served upon him on 25.02.2020, therefore, reasons put forth on the ground of COVID-19 pandemic are not acceptable. However, considering other reasons stated in the affidavit and nature of the relief sought in the suit against this defendant no. 3, it will be just and appropriate to grant opportunity to the defendant no. 3 to participate in the suit so as to contest the matter and to decide the same on merits. The plaintiff can be compensated by awarding reasonable cost. Thus, following order is passed -
ORDER
1. Notice of Motion No. 383 of 2023 is allowed subject to cost of Rs. 2000/-.
2. Delay of 377 days in filing written statement is hereby condoned and the defendant no. 3 is permitted to file written statement subject to payment of the costs to the defendant no. 3 or to deposit the same in the court, as the case may be, within 15 days from the date of this order.
3. Notice of motion stands disposed off accordingly.
Matter is adjd  to 27.02.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Written statement of Defendant no. 3. Taken on record and marked at Exh. 6. O R and R.
Matter is adjd  to 26.04.2024 for written statement of MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: None for Plaintiff.
Adv. Pradeep Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 09.08.2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/D-1 and D-2 present.
None for D-3
Inspite granting several chance, defendant no. 1 and 2/MCGM failed to filed w.s. on record. Hence, suit to proceed without w.s. against defendant no. 1 and 2/MCGM.
Matter is adjd  to 07.10.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
The P.O. is busy in recording evidence in Suit No. 494/12, Suit No. 2830/15 and Suit No. 1401/11. Hence, adjourned.
Matter is adjd  to 13.12.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 03.03.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: The P.O. is on leave hence, Matter is adjd
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: None for Plaintiff.
Adv. Pradeep Dubey for D-3 present.
Adv. A. K. Nandanwar for MCGM/Defendant No. 1 and 2 present.
Matter is adjd to 25.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Exh. 7 - Issues are framed.
Matter is adjd  to  01.10.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2025

Date: 01-10-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd  to 15.12.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: None for plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Adv. Pradeep Dubey for def. no. 3 present.
Matter is adjd  to  20.02.2025  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: None for Plaintiff.
Adv. Pradeep Dubey for Defendant No. 3 present.
Adv. A. K. Nandanwar for defendant No. 1 and 2/MCGM present.
    From the record, it appears that plaintiff and his advocate remained absent since long. Not filed any application. It seems that plaintiffs are not interested to proceed with the suit. Hence, in view of this suit is liable to be dismissed for want of prosecution. Accordingly following order is passed -
ORDER
1. L. C. Suit No. 450 of 2020 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-02-2026

NOTICE OF MOTION/100383/2023

Filing Number: 101004/2020
Filing Date: 21-01-2020
First Hearing Date: 02nd April 2020
Decision Date: 20th February 2026
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE