Date: 02-02-2019
Business: Advocate Mr. Dubey for Plaintiff filed draft Notice of Motion along with affidavit in support. Leave granted
Advocate Ms. Hajare for BMC/Deft present and filed reply Exh.2 t.o.r. Advocate for BMC submitted that, speaking order in this matter is passed and copy of speaking order showing said service is filed on record.
Heard advocate for Plaintiff who has submitted that, speaking order is not served upon Plaintiff but it is served upon one Mukadam.
As Copy of speaking order is served by Defendant upon Plaintiff today with other documents filed with Exh.2 I find that Plaintiff at-least has got knowledge about passing of speaking order after service of those documents, hence Plaintiff will have to carry out necessary amendment in the plaint, if Plaintiff is intending to challenge said speaking order. Learned advocate for Plaintiff submitted that, no construction as alleged in notice structure is going on. Plaintiff has filed conveyance deed showing that one shade was purchased by Plaintiff and in notice it is alleged that Plaintiff is making construction of 2 storied building. Defendant/BMC has also filed photographs of alleged construction dated 24/01/2009. As such, unless Plaintiff proves the fact that the shade as shown in conveyance deed is existing as it is or unless Plaintiff prima-facie establishes the fact that notice structure is authorized one, court can not help Plaintiff. At this juncture Plaintiff\''s advocate submitted that, matter may be kept on next date for ad-interim hearing. Hence, case is adjourned to 07/02/2019 for hearing ad-interim.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and submitted that, in this matter speaking order is passed hence Plaintiff is intending to take out Chamber Summons for amendment in the plaint. Adjourned.
Advocate for BMC/Deft present.
Case is adjourned to 26/02/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and sought extension of time to register NM. Time extended for registration of NM.
Advocate Ms. Hajare for BMC/Deft present.
Case is adjourned to 16/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Hajare for defendant/BMC present.
Advocate Ms. Haraje sought time to file reply. Time granted.
The case is adjourned to 15.07.2019 for reply NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: As Court is on half day leave. The board is discharged.
The case is adjourned to 09.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: As Court is busy in dictating Judgment in suit no. 4994/12 and NM order in suit no. 745/16 and in hearing NM in suit no. 4592/12 and 4593/12 and also in other matters on board. The case is adjourned.
The case is adjourned to 15.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: As Court is busy in hearing NM in suit no.631/12 and 633/12, SU 2675/19 and chamber summons in suit no. 3122/10,947/17,2393/15, 2282/17 and also in dictating NM and Ch./s order in SU no. 1118/19 and 954/13 respectively. The Court is also busy in other matters on board. The case is adjourned.
The case is adjourned to 04.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Mr. Mukesh Dubey for plaintiff, tendered Registered NM no.1554/19 t.o.r.
Adv. Mr. Giri for deft./MCGM present.
Matter is adjd. for reply on 26.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Mr. S.K. Dubey for plff. present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 24.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for Plaintiff present.
Adv. Tondwalkar for deft./MCGM present, prayed for time to file reply.
Matter is adjd. to 22.03.2021 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for reply to 18.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Mr. Mukesh Dubey for Plaintiff present
NM 1554/19 Adv. Mr. Khandagale for Defendant/BMC present.
Matter adj. to 21/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 25.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted
Adjourned for NM reply and WS to 20.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 19.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted as a last chance.
Adjourned for to file NM reply/WS to 21.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Adjourned for no reply no WS Order to 03.02.2023.
Next Purpose: ORDER
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Mr. Mukesh for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply) to 01.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: as court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing (No reply and No WS) to 18.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact to proceed with the suit and he has no instructions in NM as well. On his statement, it is clear that the plaintiff is not interested to conduct the suit. Hence, NM No. 1554/2019 stands dismissed in default.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (No WS) to 11.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Order below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time. Even today, she is absent. Nor, any stay order is communicated on record. It is, thus, clear that she is not worried to proceed further with the suit. This position is further being fortified in view of the statement of her advocate. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The plaintiff to bear the costs of litigation. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-01-2024