Date: 01-02-2018
Business: Order
1. Draft Notice of Motion stands disposed of and it be registered for statistical purpose.
2. The Defendant is hereby directed to reconsider documents of the Plaintiff and give one opportunity of hearing to the Plaintiff and thereafter pass a fresh reasoned order, pursuance to the notice issued to the Plaintiff within 4 weeks from today.
3. No question of demolition as alleged unauthorized structure till the decision and 24 hours thereafter.
F.R.S.R. following order is passed below
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause (a).
2. The Plaintiff is directed to carry out amendment as per the schedule annexed to the chamber summons on or before next date with direction to place on record amended copy of the suit plaint and serve amended copy of the plaint to the defendant.
3. Draft Chamber Summons stands disposed of accordingly and it be registered for statistical purpose.
Matter adjd to 3.03.2018 for w.st by the Defend
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2018
Date: 03-03-2018
Business: As the court is busy in dictating judgment in Suit No.3742/11. Hence board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2018
Date: 19-04-2018
Business: Advocate Mr. N. K. Dubey h/f V. T. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Advocate for the Defendant seeks adjournment. Granted as a last chance with directions that failure to file w.st on next date, further orders will be passed against the defendant.
Matter adjd to 28.06.2018 for w.st by the defendant.
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: 28-02-2019
Date: 28-02-2019
Business: Advocate Mr. V. T. Dubey for Plaintiff present.
Advocate for BMC/Deft present and sought time to Written Statement. Adjourned.
Case is adjourned to 04/05/2019 for Written Statement/NM hearing.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present and sought time. Time is granted.
The Case is adjd. To 17.07.2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: As Court is busy in recording evidence in suit no. 7757/01 and in suit no.1511/14, 1512/14, and 1513/14.
The case is adjourned.
The case is adjourned to 04.09.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 18.10.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 12.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Mr. N.K.Dubey h/f adv. V.T.Dubey for plff present.
Adv. Mrs. Tondawalkar for deft./MCGM, prayed for adjd.
Matter is adjd. for W.S. on 19.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv. V.T.Dubey for plaintiff.
Adv. Ms. Mhatre for Deft./MCGM present, prayed for adjd. to file W.S.
Matter is adjd. for W.S. on 09.07.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Matter is adjd. to 06/03/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Mr. N.K. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
Matter is adjourned for filing w/s to 05.05.21.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid 19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 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.
Adjourned for written statement to 09.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Ms. Vijayarani Prasad h/f Adv. Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted strictly as a last chance.
Adjourned for WS to 08.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted strictly as a last chance.
Adjourned for WS to 11.07.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without written statement of the defendant.
Adjourned for filing affidavit of documents (No WS) to 29.08.2022.
Next Purpose: FOR___________________
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and orally requested for time to file documents. Granted as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for R/E (No WS) to 31.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: None present for the plaintiff to file documents on affidavit.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for R/E (No WS) to 25.11.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested for time to lead evidence. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal Order.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 22.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested for time to proceed with the matter. Sufficient time is already granted. Still considering his request matter adjourned, subject to costs of Rs. 3,000/- (Rs. Three Thousand) to be deposited in favour of DLSA, Mumbai, till the next date.
Adv. Mrs. S.G. Chavan h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for costs/compliance/dismissal Order to 24.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: None present for the plaintiff to comply with the Order of costs dtd. 22.02.2023. The suit is about 5 years old. Hence, the suit is posted for dismissal Order.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for dismissal Order to 26.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present. She informed that the plaintiff is not in contact and therefore, the matter may be disposed of.
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 suit since last considerable time and therefore, it is posted for dismissal order. Even, no staying order is communicated on the record to justify his absence. In this way, it is clear that he is not interested to proceed further with the matter. In the result, the suit stands dismissed for want of prosecution on his behalf vide Order IX, Rule 8, of the C.P.C., 1908. The pending applications are filed. The parties are called upon to bear their own costs of suit. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED
Disposal Date: 26-04-2023