Mr. Purshottam Nansingh Solanki - Suit st. No.776 of 2019VsMCGM

Date: 25-01-2019
Business: Resumed.
Adv. A. B. Dubey for plaintiff tendered registered NM No. 374/2019 with affidavit.
Adv. Ajay Pannikar for def. no. 4, Adv. P.D. Gandhi for def. no. 6 and Adv. Ms. Patil for MCGM and Mr. Chandrakant Kotian, Manager of def. no. 4 society, Mr. Toraskar, Section officer, Court Receiver of High Court Bombay are present.
Adv. Gandhi for def. no. 6 submits that the def. no. 6 is ready to pay rent at market rates to the plaintiffs.  Adv. Gandhi and Adv. Pannikar submit that depending on the decision of High Court Suit no. 1957  of 1993, either of the def. no. 4 or 6 who will be successful in the matter will supply permanent alternate accommodation to the plaintiffs.  Adv. Dubey for plaintiffs shows readiness for this proposal.
  All the advocates submit that they will file affidavit to that effect on 30.01.2019.
The ld. Adv. For plaintiff on instructions submit that plaintiff will occupy the suit premises at their own risks as to cost and consequences till 30.01.2019.
Adjd for filing affidavit to 30.01.2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: Resumed.
Plaintiff No. 2 is present.  His advocate is absent.  Adv. P.D. Gandhi for def. no. 6, Adv. Poonam Gupta for def. no. 4 and Adv. Ms. Patil for MCGM are present.
Exh. 8 - Adv. Gandhi with Adv. Ms. Mamnia for def. no. 6 filed affidavit cum undertaking.  O- Filed.
Adv. Gupta seeks time to file affidavit.  Time is granted.
Earlier orders if any to continue till the next date.
Adjd for affidavit of def. no. 4 to 04.02.2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Resumed.
Adv. A. R. Dubey for plaintiff and Adv. P.D. Gandhi with Adv. Mamnia for def. no. 6 and Adv. Poonam Gupta with Chandrakant Kotian Manager of def. no. 4 and Adv. Ms. Patil for MCGM are present.
Adv. Dubey and Adv. Gandhi i/b Adv. Mamnia submit that in affidavit Exh. 8 there is no mentioning about providing the rent till the completion of the building and therefore additional affidavit will be filed.
Exh. 9 - Affidavit cum undertaking of defendant no. 4.  O- R and R.
copy supplied to the Adv. Dubey.
Adv. Dubey seeks time to go through the affidavit.  Adv. Ms. Patil raised objection to grant more time as the corporation has kept an appointment for demolition of the notice structure and also arrange for police assistance tomorrow.  Considering her submissions it is expedient for the corporation to wait till Friday when the plaintiff, def. no. 4 and 6 would make final submissions.
Earlier order if any to continue till the next date.
Adjd for additional affidavit of def. no. 4 to 08.02.2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: Resumed.
Adv. A. B. Dubey for plaintiff, Adv. Amit Kakri for Def. no. 4 and Adv. Mamnia for def. no. 6 and Adv. Ms. Patil for MCGM are present.
In roznama dtd. 04.02.2019, the matter was incorrectly adjourned for additional affidavit of def.  no. 4 instead of def. no. 6.
Adv. Ms. Mamnia filed additional affidavit of def. no. 6. O- R and R.  Copy served  on Adv. Dubey.
Adv. Dubey seeks time to go through the affidavit.  Adv. Patil objected for further adjournment.
Earlier order if any to continue till the next date.
Adjd for settlement or arguments on ad-interim reliefs to 11.02.2019.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: Resumed.
Adv. Atal B. Dubey with plaintiff no. 2, Adv. Mrs. Patil for deft. nos.1, 2, 3, Adv. P.D. Gandhi with Adv. Ms. Mamnia for Deft no.6,  Mr. Kotian for manager of deft. no. 4 society are present.  None for deft. no. 5.
The plaintiff  no. 2 for himself and his brother plaintiff no. 1 submitted that they do not wish to go for amicable settlement as suggested by the defendant  no. 4 and 6 in their affidavits 8, 9 and 10.
Heard, respective advocates on ad-interim reliefs.
Earlier order if any to continue till the next date
  Adjd for orders to 12.02.2019.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Resumed.
Adv. Mr. A. B. Dubey for plaintiff, Adv. Ravade h/f Adv. Patil for MCGM, Mr. Chandrakant Kotian for defendant no. 4, Adv. Mamniya for defendant no. 6 are present
F.R.S.R. following order is passed
                     ORDER
1.   Ad-interim relief is rejected.
2.  An ordinary copy authenticated by the Sheristedar of this Court be supplied to the plaintiffs and defendant no. 1.
3.   Certified copy is expedited.

After dictation and pronouncement of aforesaid order the learned advocate placed on record the affidavit in rejoinder to the affidavit in reply of defendant no. 1 and further affidavit in support of N/M O- seen and filed.
At the request of adv. Dubey the plaintiffs are permitted to serve the writ of summons on the defendants within a period of 4 weeks from today.
An ordinary copy of this roznama duly authenticated by the Sheristedar of this Court be supplied to all parties.
  Adjd for report of service of summons and reply to N/M if any to 10.04.2019.
Next Purpose: REPORT
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: As Court is busy in dictating Judgment in SU 3215/14 (H.C.T.B.), hence, board discharged.
Matter adjd to 26.06.2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: P.O. is on leave.
Matter adjd to 22.07.2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Plaintiff present.
Adv.Mr.Pradip Patil for defendant/MCGM present.
Adv.Smt.Javer Mamniya for Deft.6 present.
Written statement filed by Adv.of Deft.6.
O-Otherside to say.
Writ of summons filed by Adv.of Deft.6. O-filed.
Copy of WS served to otherside.
Matter adjd to 28.08.2019 for Say on WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr. for defendant present.
Written statement filed by Adv.of BMC t.o.r.
Matter adjd to 14.10.2019 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Plaintiff and Adv. absent
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 18/11/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-11-2019

Date: 14-10-2019
Business: Plaintiff and Adv. absent
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 18/11/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: As Court is busy in recording evidence, hearing arguments and misc. work hence, board is discharged.
Matter adjd to 06/01/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2020

Date: 18-11-2019
Business: As Court is busy in recording evidence, hearing arguments and misc. work hence, board is discharged.
Matter adjd to 06/01/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Plaintiff and advocate for plaintiff absent.
Adv. Om Suryavanshi for BMC present.
Mater is adjd to 1.2.2020 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for the defendant  MCGM  present
Matter is adjd to 21/03/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 01-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for the defendant  MCGM  present
Matter is adjd to 21/03/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of the outbreak of Coronavirus (2019-Noov).
Hence Board is discharged.
Issues framed at Exh.12.
Matter adjourned for list of witness to 08.07.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2020

Date: 21-03-2020
Business: In view of the outbreak of Coronavirus (2019-Noov).
Hence Board is discharged.
Issues framed at Exh.12.
Matter adjourned for list of witness to 08.07.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2020

Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Issues are already framed on 21.03.2020.
However perusal of record it shows that NM No.374 of 2019 is shown as pending.
Plaintiff to clarify whether he wants to not pressed NM.
Matter adjourned for compliance and evidence to 05.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Issues are already framed on 21.03.2020.
However perusal of record it shows that NM No.374 of 2019 is shown as pending.
Plaintiff to clarify whether he wants to not pressed NM.
Matter adjourned for compliance and evidence to 05.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv for plaintiff absent.
Adv   Soran present for defendant/BMC
PW absent.
Matter adjourned for evidence to 12/03/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021

Date: 05-02-2021
Business: Adv for plaintiff absent.
Adv   Soran present for defendant/BMC
PW absent.
Matter adjourned for evidence to 12/03/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: None present for plaintiff.
Adv. Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for RE to 07.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
Matter adjourned for
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 07-06-2021
Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
Matter adjourned for
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2021

Date: 23-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan present  for MCGM/defendant.
Adv. Manmiya present for Defendant no. 6
Matter adjourned for R/E on 17-11-2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2021

Date: 20-09-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan present  for MCGM/defendant.
Adv. Manmiya present for Defendant no. 6
Matter adjourned for R/E on 17-11-2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None present for plaintiff.
Adv. Soraan @ adv. Diwate present  for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for RE to. 21/01/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
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.
Hence, matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022

Date: 21-01-2022
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.
Hence, matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for plaintiff.
Adv. soraan present for MCGM/defendant.
Plaintiff\''s evidence is awaited.
Matter adjourned for RE/order to 06/04/22.
Next Purpose: ORDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None for Plaintiff.
Adv. Smt. Kumud Soraan for MCGM/ defendant no. 1 to 3  present.
Adv Mamnia for defendant no.6 present.
Plaintiff is absent he is directed to appear and lead evidence on next date without fail.
Defendant Nos. 4 and 5 are absent.
Matter is adjd for RE on 13-06-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2022

Date: 06-04-2022
Business: None for Plaintiff.
Adv. Smt. Kumud Soraan for MCGM/ defendant no. 1 to 3  present.
Adv Mamnia for defendant no.6 present.
Plaintiff is absent he is directed to appear and lead evidence on next date without fail.
Defendant Nos. 4 and 5 are absent.
Matter is adjd for RE on 13-06-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2022

Date: 13-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Order  It transpires from the record that NM is still pending and Plaintiff has not clarify as to whether he want to not press NM though directed by the court on dtd. 06.01.2021. Hence, NM to proceed along with suit. Plaintiff is directed to appear and lead evinced on next date without fail.
Matter is adjd for RE on 16-09-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM No. 1 to 3 present.
None for deft no. 4 to 6.
(NM 374/2019 along with suit.) Plaintiff failed to appear and lead evidence. Hence, matter be posted for dismissal on next date.
Matter is adjd for RE on 16-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022

Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for RE on 06-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2023

Date: 14-12-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for RE on 06-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None  for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Matter adjourned for R/E 17-04-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None for plaintiff.
Adv. Patil for MCGM/defendant.
Plaintiff is directed to appear and lead evinced on next date without fail.
Matter adjourned for R/E on 23-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Perusal of record shows that issues were framed on 21.03.2020. However, thereafter neither plaintiff nor his advocate turned up till this date.  It reveals that the plaintiff is not interested to proceed with the matter.  Hence, matter be kept for passing dismissal order.
Matter is adjd  to 19.07.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 18.08.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 16.09.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None for Plaintiff.
None for defendant/MCGM.
It appears from the record that since last two dates matter is proceeding for dismissal of NM. Prior to it matter was proceeding for dismissal of suit. As per the roznama dtd. 06.01.2021, directions were given to the plaintiff to clarify whether he wants to not pressed NM. However, it appears that nothing is clarified by the plaintiff or his advocate and the matter proceeded for the evidence. Infact ad-interim relief was rejected long back. Hence, considering all these circumstances, following order is passed -
ORDER
1. NM No. 374 of 2019 stands dismissed in default.
2. NM No. 374 of 2019 stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-09-2023

Filing Number: 101073/2019
Filing Date: 25-01-2019
First Hearing Date: 25th January 2019
Decision Date: 16th September 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE