Date: 24-01-2018
Business: Mentioned by Preciepe.
Advocate Mr. V. T. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Vakalatnama tendered by the BMC/deft. t.o.r. O-filed.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the Defendant temporarily from demolishing the suit premises in pursuance to the notice dtd 12.01.2018 and order dtd 18.01.2018 t.o.r. Leave granted to register.
Heard Ld adv for the Plaintiff. Prima facie, it appears that the notice has been served upon the Plaintiff by pasting it on 17.01.2018, though it is dtd 12.01.2018 and signed on 15.01.2018. Further it reveals that on 18.01.2018 speaking order has been passed, stating therein that the Plaintiff has not submitted the reply. Prima facie, argument submitted by -- With above directions draft N/M stands disposed of accordingly and it be registered for statistical purpose.
Matter adjd to 10.04.2018 for w.st by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-04-2018
Date: 10-04-2018
Business: As the court is busy in dictating judgment and orders. Hence, board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv N K Dubey h/f adv V T Dubey for plaintiff present.
Adv Khandagale for def/BMC present.
As Court is busy in dictating judgment in SU no.168/09 hence matter adjourned to 02.08.2018 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: None for Plaintiff.
Advocate Ms. Hazare for BMC/Deft. present.
Court is busy in argument of contempt Notice of Motion in suit no.7320/88, hence case is adjourned to 03/11/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and sought time to file Written Statement. Granted.
Case is adjourned to 04/12/2018 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Court is busy in recording evidence in suit no.1519/02, and dictating order on notice of motion in suit no.14765/18, hence board of first session is discharged and case is adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Court is busy in hearing final argument in suit no.6630/06 and court has to record evidence in suit no.9166/99 and Judgment in suit no.7320/88, hence case is adjourned to 26/04/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present and sought time. Time is granted as last opportunity.
The Case is adjd. To 15.07.2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: As Court is busy in recording evidence in suit no. 2753/14 and suit no. 928/09. The case is adjourned.
The case is adjourned to 16.08.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 21.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: As 21.10.2019 was declared holiday due to Legislative Assembly Election, hence the matter is taken on today\''s board.
The case is adjourned to 16.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Anand Dubey for plaintiff present.
Adv. Tondwalkar for deft./MCGM,prayed for adjournment to file WS, granted as last chance.
Matter is adjd. for WS to 24.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Mr. Arun Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Matter is adjd. for framing issues on 22.06.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: adjd.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. Nagendra Dubey for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 26-02-2021 for Framing issues.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Mr. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for framing issues to 28.04.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Court is vacant, hence matter is adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Ms. Vijaya Rani Prasad h/f Adv. V.T. Dueby for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Although, the record shows that the case is pending for faming of issues, in view of the roznama dated 16.12.2019, the defendant was lastly granted time to file WS and thereafter, the matter was posted for framing of issues. However, there is no NO WS order.
Adv. for defendant orally requested for time to file WS. Considering the above circumstances, the matter is referred for mediation. The parties to note.
Adjourned for mediation to 16.03.2022.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Mr. V.T. Duebyfor plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
The parties are instructed to attend the mediation centre for effective discussion.
LO at 4.51 pm.
Mediation report received as non starter. TOR. It is marked at Exh.03
Adjourned for framing issues to 11.04.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: adjd to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy dictating judgment in SU 2425/2017.
Adjourned for framing of issues to 28.09.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. V.T. Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present.
KB LO at
The record shows that the matter is posted for issues. However, the WS of defendant is not forthcoming and no adverse Order is passed against him. At this stage, the advocate for defendant orally requested for time to file WS. Granted strictly as a last chance.
Adjourned for WS to 28.11.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: HHJ is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: PO is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: as court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Ms. Amreen Shariff for the plaintiff is present.
Adv. Mr. G. O. Giri for defendant/MCGM is present and requested for time to file WS. Time is granted.
Adjourned for WS to 07.08.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Sufficient time is already granted. Hence, this request is discarded.
Adjourned for No WS Order to 25.09.2023.
Next Purpose: ORDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted without WS.
Adjourned for RE (No WS) to 20.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Adv. Mrs. Prasad for the plaintiff is present and requested time to lead evidence. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (PH) (No WS) to 06.01.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: Adv. Mrs. Prasad for the plaintiff is present and sought time to proceed with the matter. Sufficient time is already granted. Hence, it is adjourned shortly, subject to payment of costs of Rs.2,000/-
(Rs. Two Thousand) in favor of the DLSA, Mumbai, till the next date. In default, the suit would stand dismissed.
Adv. Mr. Giri h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for costs/compliance/filing documents on affidavit to 16.02.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present and informed that the Order of costs is complied with. He sought time to lead evidence as the plaintiff is not available. Sufficient time is already granted. Hence, the suit is adjourned, directing the plaintiff to proceed with the matter positively on next date. In default, the suit would stand dismissed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (PH)/dismissal to 03.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present and sought time to lead evidence. Sufficient time is already granted. Hence, this request is discarded.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for dismissal to 15.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and submitted that he has no instructions from the plaintiff in this matter.
Adv. Mr. S.R. Yadav 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 and hence, it is posted for dismissal order. Even today, he is absent. Nor, any stay order is communicated on record. The suit is more than 05 years old. In view of the statement of his advocate, it is clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
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: 15-06-2024