Mr. Siddiqui Mohd Sabir S/o. Wahid Hussain SiddiquiVsMCGM

Date: 09-02-2018
Business: Notice dtd 15.01.2018 was issued for unauthorized construction of first floor on ground floor. Considering the documents and for want of permission for notice work and want of proof of existence of notice work prior to datum line. The Plaintiff is directed to remove the said unauthorized work within 24 hours from the receipt of the order. It is submitted by Ld adv for the Plaintiff that construction is much prior to suit notice. But prima facie, it appears that there is no photographs filed on record to show that the notice structure has already been completed. Therefore, the Plaintiff is not entitled for ad-interim relief today.
Matter adjd to 12.02.2018 for reply to N/M/ N/M hearing at 11.00a.m.
Next Purpose: REPLY
Next Hearing Date: 12-02-2018

Date: 12-02-2018
Business: Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Hajare for BMC/deft present.
Heard. Perused photographs. Prima facie from photographs , it appears that construction has been completed. Hence, parties are directed to maintain status-quo in respect of suit structure, till filing reply by the Defendant.
Matter adjd to 20.03.2018 for reply to N/M/ w.st by the Defendant.
Authenticated copy of roznama be supplied to the Plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2018

Date: 20-03-2018
Business: As Court is busy in hearing Mediation matters.  Hence, board is discharged.
Matter adjd. to 02.05.2018 for N/M Reply/Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2018

Date: 02-05-2018
Business: Advocate Mr. Mukesh Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Advocate for the Defendant seeks adjournment. Granted as a last chance.
Earlier order to continue till next date.
Matter adjd to 10.08.2018 for reply and passing no w.st order.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 06/12/2018.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: Court is busy in hearing urgent matters, charge of CR no.08, hence board is discharged and case is adjourned
Next Purpose: REPLY
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and submitted that, on next date he will tender registered Chamber Summons.  Considering submission adjourned.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 02/03/2019 for registered Chamber Summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.735/16 and dictating judgment in suit no.7320/88, hence case is adjourned to 04/05/2019.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Advocate Mukesh Dubey for plaintiff present and filed filed original Notice of Motion no.1009/18 alongwith affidavit in support of Notice of Motion. T.O.R.
and also filed original  Chamber Summons no.459/18 along with affidavit in support of Ch/s. T.O.R.
Advocate Ms.Hajare for defendant/MCGM present and sought time to file reply to NM and Chamber Summons.
Earlier order to continue till next date.
The Case is adjd. To 25.07.2019  for  reply to NM and Chamber Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 05.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Reply filed by advocate for MCGM overleaf the Chamber Summons.
Heard advocates for both parties.
F.R.S.R. following order is passed in  Chamber Summons 459/18-
                               ORDER
1. Chamber Summons no. 459/18 is partly allowed in terms of prayer clause (a) and (b).
2. The amendment sought as per schedule to the Chamber Summons is allowed except paragraph 4(d) of the schedule.
3. Plaintiff shall carry out amendment within four weeks from today.
4. Plaintiff shall serve the copy of amended plaint on the defendant and shall file affidavit of service.
5. Defendant is at liberty to file reply/W/st.
6. Costs in cause.
The case is adjourned to 17.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Mukesh Dubey for Plaintiff, prayed for adjournment to serve copy of amended plaint to defendant.
Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for Service to 18.02.2020.
Next Purpose: SERVICE
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Mr. S.K. Dubey for plff., prayed for adjd. to serve copy of amended plaint to deft.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd for service on 21.04.2020.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: adjd.to
Next Purpose: SERVICE
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Business: Adjd. to
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 31-03-2021 for service.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Adv. Mr. Mukesh Dueby for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for service to 02.07.21.
                                                                               Judge
Next Purpose: SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to covid-19 matter adjourned to next date.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI , (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for Service to 06.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv.Mukesh Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For service to 15.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For service to 10.01.2022.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Mr. Priyank Shukla for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for service to 04.03.2022.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Matter pertain to CR. No.11.
Adv. M.K. Dubey for plaintiff present.
Adv. Ms. Mhatre h/f Adv. Khandagale  for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for service to 13.04.2022.
Next Purpose: SERVICE
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Mukesh Dubey for the plaintiff  present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for service to 08.08.2022.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None present for plaintiff.
Mr. Sanjay Kanthe -Clerk of the advocate appeared and filed amended copy of plaint. TOR. It is marked at Exh.03. O-Filed.
Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 01.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv. Mukesh Dubey for the plaintiff is present and orally requested for time to verify and file original registered NM No. 365/2018.
Adv. 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.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 21.12.2022.
Next Purpose: ORDER
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS.
Earlier order, if any, to continue till the next date.
Adjourned for  NM hearing (No reply) to 15.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The Court is busy in hearing on urgent praecipe matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 06.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Matter pertains to C. R. No. 11
Adv. Mukesh Dubey present for the plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 12.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: None present for the plaintiff.
Adv. Ms. Mhatre h/f Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 28.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents on NM. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 03.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: None present for the plaintiff.
Adv. Mr. Giri for defendant/MCGM is present and requested time to file documents. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 22.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file documents in NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 09.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file documents. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No WS) to 10.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and tendered registered NM No. 365/2018 (disposed of) along-with affidavit. He filed original writ of summons. Taken on record. It is marked as Exhibit 3. O- Filed. He sought time to argue the NM. Time is granted. Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 19.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and not pressed NM No. 365/2018. Hence, NM No. 365/2018 stands disposed of.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Heard both the sides on NM No. 1009/2018.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 09.07.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. Following Order passed in NM No. 1009/2018. - ORDER - 1. Considering the rival submissions, at the outset, it is to be noted that though, the notice dtd. 15.01.2018 is issued U/s.354 -A of the MMC Act, the record is silent to infer that at the relevant time, such construction was in progress. Needless to mention that once the construction is complete, the provisions of Section 354-A of the MMC Act have no application. Nor, the said provisions are to do with the question of demolition. This aspect was also considered on 12.02.2018, when this Court prima facie held that the sturcture was complete and directed the parties to maintain the status-quo. However, thenceforth, there had been no change in the scenario as the defendant did not prefer to contest this NM. In the result, I am of the opinion that the earlier interim order needs to be continued, restraining the defendant to proceed as against the notice structure, except by following the due process of law. In view of these terms, NM No. 1009/2018 stands disposed of.
Adjourned for R/E (No WS) to 21.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat/RE (PH) to 28.09.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: NATIONAL LOK ADALAT HELD ON 28.09.2024 (PANEL- VII)
Matter pertains to CR No.11
Adv. Mukesh Dubey present for plaintiff.
Advocate Arvind Rathod for defendant/BMC present.
Mr. Girish Jadhav JE, L ward is present.
Appendix I signed by both parties. Taken on record and marked at Exh.4
Order below Exh. 1
In view of Appendix I and submission of plaintiff / Plaintiffs counsel this Suit No 238 of 2018 stands disposed of as withdrawn.
        Panel Head                                             Panel Member
HHJ. SHRI. V. G. RAGHUWANSHI               Prof. Deepak Kumar Chattopadhyay
Nature Of Disposal: LOKADALAT
Disposal Date: 28-09-2024

NOTICE OF MOTION/101009/2018
CHAMBER SUMMONS/100459/2018
NOTICE OF MOTION/100365/2018

Filing Number: 101367/2018
Filing Date: 22-01-2018
First Hearing Date: 21st March 2018
Decision Date: 28th September 2024
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE