Ajeet Kumar Yadav Suit St. No. 899 of 2019VsVijay Yadav Alias Luddur Yadav

Date: 07-02-2019
Business: Advocate Mr.Sanjiv Mishra for Plaintiff present and filed affidavit of service informing the Court that Defendant no.1 has refused to accept the service of summons t.o.r.  He also filed registered NM No.516/19 with affidavit in support, t.o.r.
Advocate Ms. Hajare for BMC/Deft present.
Heard advocate for Plaintiff about ad-interim relief and court has pointed out that photographs filed at page no.30 of the plaint are not clear to understand the exact situation/condition of alleged construction, hence Plaintiff is directed to file original photographs on record and thereafter arguments for ad-interim relief will be heard.
Case is adjourned to 14/02/2019 for hearing ad-interim relief.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Advocate Mr. Mishra for Plaintiff present and filed list of documents t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
As it is 5.30 p.m. case is adjourned to 16/02/2019 for hearing ad-interim relief.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Advocate Mr. Sanjeev Mishra for Plaintiff present and submitted that, he will file further photographs showing that the lane proceedings towards house of Plaintiff will get closed by the construction of Defendant no.1.
No one appeared for Defendant no.1.
Advocate Ms. Hajare for Defendant/BMC present.
Case is adjourned to 18/02/2019 for Ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Advocate Mr.Sanjiv Mishra for Plaintiff present and filed list of documents, t.o.r.
Advocate Ms. Tondwalkar h/f Adv. Hajare for BMC/Deft present.
Learned advocate for Plaintiff submitted that, Defendant no.1 has carried out construction in between space of two chawls, namely Dwarkadham chawl and Vasudev Chawl at Sakinaka, Mumbai. After grievance about said construction was raised by residents of both the chawls, BMC has issued notice against Defendant no.1 and BMC has demolished previously constructed portion which was constructed by Defendant no.1. Considering those submissions, it becomes clear that prayer clause (a) and (b) from plaint have become infructuous. Now, only prayer remains for consideration of the Court is the prayer for injunction against Defendant no.1 from further constructing illegal structures in above referred open space in between above referred two chawls. As Defendant no.1 has constructed unauthorized construction in space of chawls and as it is already demolished by BMC, it becomes clear that Plaintiff\''s apprehension that Defendant no.1 again make unauthorized construction in open space can not be said to be apprehension without any base.  In such circumstances, Defendant no.1 is temporarily restrained from making illegal construction of any structure in the space between chawls namely Dwarkadham and Vasudev Chawl at Sakinaka, Mumbai.  It is pertinent to note here that Defendant no.1 has refused to accept the service of writ of summons, hence ad-interim order in terms of prayer clause (a) of Notice of Motion no.516/2019 is granted till filing reply by BMC.
Considering submissions made by advocate for Plaintiff, it becomes clear that prayer clause (a) and (b) have become infructuous, hence Plaintiff is directed to take necessary steps to convert this suit into the suit for perpetual injunction suit. After such steps will be taken by the Plaintiff, court will have to give consideration to the fact that whether this suit remains between private party or Defendant/BMC can participate in the suit and accordingly further orders will be passed.
Case is adjourned to 23/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: None for plaintiff.
Advocate Ms.Hajare for defendant/MCGM present.
The Case is adjd. To 22.07.2019 for  NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: As Court is busy in dictating Judgment in Suit No. 3206/09 and NM order in suit no. 850/13 and also in hearing urgent ad-interim matters in SU no. 2398/19 and 2399/19. The board is discharged.
The case is adjourned to 16.10.2019  for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: None for plaintiff.
Advocate Ms. Chavan for defendant/MCGM present.
Plaintiff failed to prosecute the Notice of Motion. Hence the order-
ORDER
Notice of Motion No. 516/19 is dismissed for want of prosecution.
The case is adjourned to 07.01.2020 for filing Written Statement.
Nature Of Disposal: DISMISSED
Disposal Date: 16-10-2019

Filing Number: 101474/2019
Filing Date: 04-02-2019
First Hearing Date: 07th February 2019
Decision Date: 16th October 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE