Suresh Vitthal ThadgeVsMCGM +3 more

Date: 28-02-2018
Business: Adv.Mr.Manish Mazgaonkar for Plff.present.
Adv.for Plff.tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Giri for BMC/Deft.present.
Adv.Mr.Asad Ul-haq Shaikh for deft.no.2 present.
Adv.Ms.Jain for deft.no.3 and 4 present.
In the present case, no relief is claimed against the MCGM.  Even otherwise the Hon\''ble High Court in its order dated 04.01.2018 in writ Petition No.3698/17 observed that the MCGM has not demolished the toilet block. Hence the plff to submit as to why the MCGM should not be deleted from the present suit.
Adjd.for hearing on 15.03.2018.
Next Purpose: HEARING
Next Hearing Date: 15-03-2018

Date: 15-03-2018
Business: Matter pertains to C.R. No.08.
Advocate Mr. Majgaokar for plaintiff present.
Advocate Mrs. Kamble for deft./MMC present.
Adjourned for ad interim hearing to 02.04.2018.
Next Purpose: HEARING
Next Hearing Date: 02-04-2018

Date: 02-04-2018
Business: Adv.Mr.Mazgaonkar for Plff.present.
Adv.Mr.Giri for BMC/Deft.no.1 present.
Adv.Mr.Shaikh for deft.no.2 present.
Adv.Ms.Jain for defts.no.3 and 4 present.
In spite of specific directions on 28.02.2018 the plff have not registered the N/m.  Plff is directed to take steps for registration of N/m
Deft.no.2 filed reply t.o.r.
Adv.for deft.no.3 made a statement at Bar that Defts.no.3 Yog Enterprises and Deft.no.4 Bharat Satra has not demolished the toilet block and is no way concern with the present suit.
Adjd.for N/m hearing on 23.07.2018.
Next Purpose: HEARING
Next Hearing Date: 23-07-2018

Date: 23-07-2018
Business: None for plff.
Adv. Mr. Giri  for defendant no.1 / BMC present.
None for deft.no. 2 to 4.
Plff not register the N/m inspite of direction given N/m stands dismissed.
Adjd. to 14.08.2018 for filing W.S / compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: Adv Ravikiran Dalvi for plff present.
Adv Tadavi for BMC/deft present.
Adjd to 18/09/2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: None for Plaintiff.
Adv. Mrs. Kamble h/f. Adv. Ms. Mhatre for defendant no. 1 / BMC present.
None for Defendant No. 2 to 4.
Advocate for the plaintiff to submit on next date as to why MCGM should not be deleted from the present Suit.
Matter adjd. to 21.11.2018 for Writ of Summons/ hearing.
L.O.
Advocate Mr. Mahesh Bansod for Plaintiff present and tendered
V/P.
Vakalatnama.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Adv. Mrs. Jyoti Jadhav for Plaintiff present.
Adv. Mrs. Mhatre for Defendant No.1/BMC present.
None for Defendant Nos. 2 to 4.
Adjd. to 21.01.2019 for Writ of Summons.
L.O.
Adv. Ms. Devyani for Defendant No.2 present.
On oral request of advocate for Defendant, time granted to file Written Statement.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Business: Plff present. Adv for plff absent.
Adv Dilip Gohil for deft no.2 present.
Adv Mrs.Bhoir for BMC/deft. no.1 present
K.B..
Late on..
Adv Mangesh for plff present.
Adv Mrs.Bhoir for BMC/deft. no.1 present
None present for defts no.2 to 4.
Adjd to 6/03/2019 for w.s.
Later on..
Adv Dilip Gohil for deft no.2 present and filed written statement. It is TOR and marked as Exh.3.
Adv Ms.Rimi Jain for defts no.3 and 4 present and filed vakalatnama. It is TOR and marked as Exh.4.
Adv Ms.Rimi Jain for defts no.3 and 4 also tendered draft ch/sum alongwith affidavit. It is TOR.
Order - Leave is granted to register the ch/sum.
Adjd to 6/03/2019 for w.s. of deft no.1.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: None for Plff.
Adv. Mr. Diwate h/f Mrs. Bhoir for MCGM/Deft No.1 present.
None for Deft Nos.2 to 4.
KB - LO at 3.05 p.m.
Adv. Mr. Mangesh Bansod for Plff present and filed affidavit of Plff to take on record list of photographs.  t.o.r.
Adv. Mr. Diwate h/f Mrs. Bhoir for MCGM/Deft No.1 present.
Adv. Mr. Kunal Changrani for Deft No.2 present.
Adv. Ms. R. Jain for Deft No.3 and 4 present and filed V.P. and also tendered registered Ch/s No.269/19.  t.o.r.
Defts No.3 and 4 are directed to supply copy of Ch/s to the Plff.
Copy is served to Plff.
Adjd to 15/4/2019 for Ch/s reply and argument on the point framed on 28/2/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Adv. Mr. Mangesh Bansode for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. No.1 present.
None for Defts No.2 to 4.
Adv. Ms. Rimi Jain for applicant present.
Adjd to 8/7/2019 for Ch/s reply and argument on the point framed on 28/2/18.
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Jyoti Jadhav for plaintiff present.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
None for def. no. 2 to 4.
On oral request of ld adv for plff, adjournment granted.
Adjd to 29.08.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv.   Mazgaokar for plaintiff present and tendered reply to C/S No. 269/19.
Adv. Mrs. D.D. Patil for Deft no.1 /MCGM present.
Adv.Rimi Jain   for deft. no. 3 and 4 present.
None for defendant no. 2
Adjd to 21-01-2020 for  C/S Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv.Mangesh Bansode for plaintiff present.
None for defendant No.2.
Adv.Yugal Bhatia for Defendant No. 3 and 4 present, and undertakes to file V/P on next date.
Adv. Ms. Patil for MCGM/Defendant No.1 present.
Matter adjd to  27.02.2020 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv.Bansode for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant No.1 present.
None for defendant No.2.
Adv. Yugal Bhatiya for defendant No. 3 and 4 present.
It is by adv. for defendant No.3 and 4 that,  he want to file V/P,
but it seems that he has not get NOC from old lawyer. Hence he
seeks for adjournment.
Matter adjd to 04.04.2020 for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 27-04-2020

Date: 27-04-2020
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: C/S  HEARING
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv. Jyoti Jadhav for plaintiff present.
Adv. Smita chavan for deft/MCGM no. 1 present.
None for deft nos. 2 to 4.
Advocate for plaintiff submitted that plaintiff is expired due to Covid-19. She wants to bring legal heirs of deceased plaintiff on record. Therefore, matter is adjourned.
Matter adjd to 04/03/2021 for Steps/Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft no.1/MCGM present.
None for deft no.2.
Adv. Mr. Yugal Bhatia for deft no. 3 and 4 present.
Adv. Jyoti Jadhav for applicant present and tendered VP, TOR and marked at Exh.6.
She also tendered draft Ch/s along-with affidavit in support. TOR. Leave is granted to register the Ch/s, returnable on next date.
Copy is served to other side.
Matter adjd to 15/04/2021 for Hearing on Ch/s No.269/19 and Reply to draft Ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
None for applicants.
Adjd. To 28/10/2021 for hearing on Ch/s NO.269/19 and reply to Ch/s No.608/21.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv Mangesh Bansod for plaintiff /applicant present and tendered copy of order of Honble High Court dated 25/10/2021
Wife of plaintiff is present.
Adv Smita Chavan for defendant no.1 / MCGM present.
None for defendant nos.2 to 4.
Plaintiff /applicant is directed to tender original Ch/s No.608/2021 along-with affidavit in support on next date.
Adjd. To 21/12/2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Mangesh Bansod for plaintiff present.
Adv. Rawade for MCGM / D-1 present.
None for D/2.
Adv. Jugal Bhatia for D/3 and 4 present.
Heard both sides on ch/s.
Matter is adjd to 20/1/2022 for Ch/s order / Withdrawal of suit.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-01-2022

Date: 20-01-2022
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.
Matter is adjd to 15/02/2022 for Ch/s. order/withdrawal of suit.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv Jyoti Jadhav for applicant present.
Adv Mrs Rawade for defendant no.1/ MCGM present and has given say on Ch/s No.608/2021 itself.
None for defendant no.2
Adv Bhatiya for defendant no.3 and 4 present.
Heard both sides on Ch/s No.608/2021.
Adjd. to 01/03/2022 for order on Ch/s No.608/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Plaintiff present and his advocate absent.
Adv. Rawade h/f Adv. Chavan for defendant No.1/MCGM present.
Adv. Karan Desai h/f Adv. Bhatia for defendant No.3 and 4/MCGM present.
None for defendant no. 2.
Adv. Jyoti Jadhav for applicant present.
KB..
L.O at 5.40 pm
Due to paucity of time, matter is adjourned till next date.
Matter is adjd to 08/03/2022 for order chamber summons no. 608/21.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: None for plaintiff.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present.
F.R.S.R. Following order is passed on Ch/s No.608/2021
ORDER
1. Ch/s No.608/2021 is made absolute.
2. The applicants are entitled to join as plaintiffs in this suit by amending the plaint and permitted to continue the suit.
3. The delay in filing Ch/s of 101 days is condoned.
4. Order of abatement of suit is set aside.
5. The applicants are directed to amend the plaint within stipulated period and serve the copy of amended plaint to all the defendants.
6. Ch/s No.608/2021 is disposed off accordingly.
Adjd. To 21/04/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant no.2 to 4.
Adjd. To 16/06/2022 for compliance (for service of copy of amended plaint upon defendants.)
L.O. at 3.30 p.m.
Adv Jyoti Jadhav for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant no.2 to 4.
Matter be placed before National lok-adalat will be held on 07.05.2022 at 10.30 p.m.
Issue notice to defendant nos.2 to 4 to remain present before National lok-adalat will be held on 07.05.2022 at 10.30 p.m.
Adjd. To 07/05/2022 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: Plff no. 1a, 1c, 1d present.
Adv Jyoti Jadhav for plaintiff present.
Adv Rawade for defendant / MCGM present.
Adv for plaintiff filed pursis for withdrawal of the suit. t.o.r.
It is signed by plffs and their Advocate.  It is mentioned in the pursis that plffs are aware that matter is kept in lok-adalat for withdrawal of the suit.
Contents of withdrawal pursis is verified through plffs and their Adv.  Hence in view of withdrawal pursis (Exh. 07), suit is disposed off as withdrawn.  Court fees be refunded as per rules.  Matter is disposed off as withdrawn in Lok-adalat.  Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 07-05-2022

CHAMBER SUMMONS/100269/2019
CHAMBER SUMMONS/100608/2021

Registration Number: 100360/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101378/2018
Filing Date: 23-01-2018
First Hearing Date: 04th April 2018
Decision Date: 07th May 2022
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE