Anthony D. SebastianVsMCGM And Anr

Date: 05-02-2019
Business: Adv Iqbal Singh for plff present.
Deft no.2 present. Her adv is absent.
PW 1 is present.
Adv Mrs.Vyavhare for BMC/deft no.1 present.
Adjournment application filed by deft no.2.
Order - Adjournment Granted.
Adjd to 8/03/2019 for further cross examination of PW 1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. Mr. I. Singh for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
PW-1 absent.
Deft No.2 present and her Adv. absent.
Adjournment application filed by Deft No.2.
O. - Considering reason mentioned in the application \''\''mother of Adv. on record expired\''\'', adjournment granted.
Adjd to 16/4/2016 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. Mr. Iqbal Singh for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
None for Deft No.2.
Application filed by Adv. for Plff for adjournment.
O. - Granted.
Adjd to 25/6/2019 for R.E. P/H.
LO at 11.30 a.m.
Deft No.2 present and Adv. absent.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Adv. Iqbal Singh for plaintiff present.
Def. no. 2 present and tendered draft NM with affidavit.  Copy supplied to other side.  Her advocate is absent.  Leave is granted to register the NM.
Adv. Ms. Patil h/f adv. Khandagle for MCGM/Defendant present.
Adjd to 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Iqbal Singh for plaintiff present and filed adjournment application. TOR at Exh. 27.
Adv. Sana Kagdi h/f Adv Wagle for def. no. 2 present.
Def. no. 2 present.
Adv. Khandagle for MCGM/Deft. 1 present.
Plff is directed to register draft N/M on or before next date.
On oral request of ld adv for plff, adjournment granted as a last chance.
Adjd to 22.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Iqbal Singh for plaintiff Present.
Plaintiff present.
Adv. Mrs. R.M. Hazare for Deft. no.1 /MCGM present.
Defendant no.2 present and his advocate absent.
k.b
Later on.
Adv.N.P.Wagle for defendant no.2 present.
On oral request of Ld.Adv. for defendant no.2 time extended till next date to register the draft notice of motion.
Matter is adj to 18/12/19 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Iqbal Singh for plaintiff present and filed reply to NM 4281/19.
Adv. Ms. Hajare h/f Khandagale for defendant / MCGM present.
Defendant No.2 present.  Her adv. absent.
Adjd. for NM hearing to 17/1/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: As Court is on leave today, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Iqbal Singh  for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Defendant No. is present.
Adv. Waghle for defendant No.2 is present.
Heard both side on NM No. 2481/19
Matter adjd to 29.01.2020  for order on NM 2481/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv. Iqbal Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. No.1 present.
Defendant No. 2 present. Adv. absent.
Court is busy in dictating Judgment in S.C. No. 1894/2019 and 265/2019, matter is adjourned.
Adjd to 12/02/2020 for N/m order.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Matter adjd to 06.03.2020 for compliance/R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv. Iqbal Singh  for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Waghle for defendant No.2 is present.
On oral request of advocate for Defendant No.2 to comply the order dtd.12.02.2020, adjournment granted.
 Matter adjd to 20.04.2020 for compliance/ R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Matter adjd to 29/01/2021 for Compliance/R/E.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Matter adjd to 17/03/2021 for Compliance by deft no.2 and Steps by plaintiff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Matter adjd to 09/04/2021 for passing abatement order.
Later On. At 12.25 pm.
Adv. Roshan Raut for plaintiff present.
Plaintiff is directed to take steps till next date.
Matter is adjd to 09/04/2021 for taking Steps by plaintiff and Compliance by deft no.2.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 07/06/2021 for Service and Reply to Ch/s.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Due to covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv Holambe Patil for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Defendant no.2 present. Her advocate is absent.
Plaintiff is directed to register the Ch/s till next date.
Adjd. To 22/09/2021 for service and reply to Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Vishal Shirsath for plaintiff present and tendered original registered NM No.1017/21 along with affidavit in support thereof. TOR.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Defendant no.2 present. Her advocate absent.
Copy of Ch/s is served on both defendants.
Adjd. To 22/10/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Vishal Shirsath h/f Adv Patil for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present and has given say on Ch/s NO.1017/2021 itself.
Defendant no.2 present. Her advocate absent.
Adjd. To 22/11/2021 for reply by defendant no.2 to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv A.R. Patangle for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Defendant no.2 present. Her advocate absent.
At the request of defendant  no.2, matter is adjourned till next date.
Adjd. To 06/12/2021 for reply by defendant no.2.
Next Purpose: C/S REPLY
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv. Pundlik Patangani h.f. Adv. Holambe Patil for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
None Defendant No.2. Last chance is granted to Defendant No.2 to  file reply to Ch/s. No.1017/2021.
Matter is adjd to 12/01/2022  for filing reply to Ch/s. by Defendant No.2.
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 14/02/2022 for filing reply to Ch/s. by Defendant No.2.
Next Purpose: C/S REPLY
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate K R Panchangane for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present
Order-- Time granted for filing Reply
None present for Deft no.2
On previous date also deft no.2 Absent. Specific direction was given to Deft no.2 to file reply to ch/s taken out by the Plff. Today Deft no.2 absent and his Advocate also absent and failed to file reply to Ch/s no.1017/2021, hence, no say / Reply order passed against deft no.2.
Matter is adjd for hearing on Ch/s on 23/03/2022.
L.O. at 04.35 p.m.
Adv. Akash Sajjan h.f. Adv. Wagale for Defendant No.2 present and wants to file on record reply to CH/S but already no say order passed against him. The defendant No.2 filed an application for setting aside no say order. The same day of passing no say order defendant No.2 is filing reply to CH/S. Therefore, the reply needs to be taken on record. Considering this, I pass the following order :
ORDER
1. No say order passed against defendant No.2 is set aside. 2. Defendant No.2 is permitted to file reply to the CH/S .
Matter already adjd. to 23.03.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Ajinkya Gosavi h/f Adv S.R. Singh for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1 / MCGM is present.
None for defendant no.2.
Adjd. To 27/04/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. Ganpat Karad for Plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
Defendant No.2 is present. Her advocate is absent.
Adjd. To 20/06/2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Holambe-Patil for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present and submitted to pass necessary order in Ch/S No. 1017/2021.
None for deft. No. 2.
Heard Adv. for plaintiff and Adv. for deft./MCGM on Ch/S No. 1017/2021.
Adjd. to 22/06/2022 for order on Ch/S No. 1071/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
None for deft. No. 2.
K.B. for order on Ch/S No. 1017/2021.
L.O.
Adv. Vishal Shirsat h/f Adv. Holambe-Patil for plaintiff present.
Following order is passed on Ch/S No. 1017/2021-
ORDER
1.     Applicant taken out Ch/S for taking on record legal heirs of the deceased plaintiff Mr. Anthony Devassy Sebastian who died on 19/08/2020 living behind him widow Helan Anthony Sebastian and son Keith Anthony Sebastian.
2.    It is contended due to Covid-19 applicant was unable to take steps and there is not intentional delay in bring on records legal heirs.
3.   Adv. For MCGM submitted that Court may pass necessary orders.
4.    Defendant No. 2 opposed application. It is contended that there is no valid reason given in the application. The Suit has been automatically abated as a legal heirs are not brought on record within a prescribed time and after 150 days Suit is abated.
5.     This Ch/S has been taken out for taking on record legal heirs of deceased plaintiff on perusal of the death certificate Exh. A, it appears that original plaintiff  Mr. Anthony Devassy Sebastian died on 19/08/2020. It is the contention of applicant that due to Covid-19 she could not take steps. Apex Court in sue moto Writ Petition No. 1/2020 extended period of limitation under Limitation Act and Special Acts from 15/03/2020 to 30/03/2022. The defendant No. 2 opposed application on ground of delay. However, in view of the judgment of Hon\''ble Apex Court in Writ Petition No. 1/2020 I find no substance in the submission of defendant No. 2 that Suit is automatically abated. Therefore, considering the facts of the case and judgment of the Apex Court the Writ Petition No. 1/2020 the Ch/S deserves to be allowed. Hence, I passed following order-
O R D E R
1.     Ch/S No. 1017/2021 in terms of prayer clause(a) is allowed.
2.     Necessary amendment be carried out.
3.     Copy of amended plaint be supplied to other side.
Adjd. to 15/07/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Holambe-Patil for plaintiff present and tendered application for extension of time to carry out amendment, TOR and marked as Exh. 38. O - Perused order dated 22/06/2022. Hence, comply  the reason given in application time to carry out extended as prayed.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
None for deft. No. 2.
Adjd. to 03/08/2022 for compliance (for carrying out amendment).
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Holambe-Patil for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 29/08/2022 for compliance (for service of copy of amended plaint).
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: H.H.J. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. No.2.
K.B.
L.O.
Adv. Wagale for deft. No.2 present.
Deft. No.2 is also present.
Rest of the same appearance.
Adjd. to 02/11/2022 for compliance (for service of copy of amended plaint).
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Holambe-Patil for plaintiff present and requested time to serve copy of amended plaint upon deft. Granted.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. No.2.
K.B.
L.O.
Deft. No.2 present.
Rest of the same appearance.
Adjd. to 16/11/2022 for compliance (for service of copy of amended plaint).
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Holambe-Patil for plaintiff present and tendered copy of amended plaint, TOR. He supplied copy of amended plaint to deft. No.2.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Wagale for deft. No.2 present.
Adv. for plaintiff requested time to file evidence. Time is granted till next date.
Adjd. to 23/11/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Plaintiff No.1-A present, Adv. for plaintiff absent.
None for defendant No.1/ BMC.
None for defendant No.2.
On oral request of plaintiff No.1A, matter is adjourned.
Adjd. to 14/12/2022 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. Holambe-Patil for plaintiff present and requested time to file evidence. The suit is of year 2010. However, in the interest of justice time is granted till next date as a last chance.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Adjd. to 09/01/2023 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Plaintiff No.1-A present, her advocate absent.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Plaintiff No.1-A requested time to file evidence. The suit is of year 2010 and on previous date last chance was granted to the plaintiff for filing evidence. However, in the interest of justice more more last chance is granted.
Adjd. to 13/02/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
None for defendant No.2.
On previous date last chance was granted but today none present for plaintiff and put up for dismissal order.
Adjd. to 03/03/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. Nitin Murkute for plaintiff No.1-a present.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
None for defendant No.2.
K.B.
L.O.
As Court is busy in hearing urgent ad-interim, N/M and passing orders in ad-interim reliefs, board is discharged.
Adjd. to 17/03/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None for plaintiffs.
Adv. Mhatre h/f Mr. Suryavanshi for defendant/no. 1 BMC is present.
None for defendant no. 2.
None for plaintiff. The suit of the year 2010 and issues are framed on 18.11.2014 and since then repeatedly adjourned for plaintiff evidence. However plaintiff not filed evidence. Hence, adjourned for dismissal of suit.
Adjd. to 29-03-2023 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: None for plaintiffs.
Adv. Suryavanshi for D/1 BMC present.
None present for D/2.
K.B. L.O.
The suit is of year 2010 and issued are framed on 18.11.2014 and since then repeatedly adjourned for the plaintiff\''s evidence. Plaintiff has not filed evidence. Hence, on previous date, matter was adjourned and kept for dismissal but even though none appeared for the plaintiff today. This shows that plaintiff is not interested to proceed with the suit. Therefore, I have no option but to dismiss the suit for want of prosecution. Hence, I pass following order  -
1. L.C. Suit No. 1702/2010 is dismissed for want of prosecution under Order IX, Rule 8 of Civil Procedure Code.
2. In view of disposal of suit, Notice of Motion No.  478 /2019 stands disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-03-2023

Main Case No: SUIT/0101702/2010
Main Cnr: MHCC010021492010
Main Filing No: 111447

Registration Number: 100478/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101290/2019
Filing Date: 30-01-2019
First Hearing Date: 05th February 2019
Decision Date: 29th March 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE