Mohammed Yaqoob S/o. Shafi Mohd.VsMCGM

Date: 06-02-2019
Business: By Precipe
Adv. S.K.Dubey for Plaintiff present and filed draft NM alongwith affidavit and Draft Chamber Summons alongwith affidavit.
Adv. Tondwalkar for BMC/Deft present and filed list of documents as Exh. 2.
Copy of NM and Chamber Summons served upon adv. of Deft./BMC .
Case is adjourned to 07.02.2019 for reply
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and filed additional list of documents Exh.3, t.o.r.
Learned advocate for Plaintiff submitted that, he is intending to take out Chamber Summons in respect of speaking order dated 04/02/2009 and matter may be kept  tomorrow, so that Plaintiff\''s advocate should be able to take out Chamber Summons and as submitted by him he should be able to take out photographs.
Case is adjourned to 08/02/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: Advocate Mr. Mukesh Dubey for Plaintiff present and filed additional affidavit in support of NM, t.o.r.
Advocate Ms. Hajre for BMC/Deft present.
Advocate for Plaintiff filed photographs contending that those photographs are of suit premises and those photographs were obtained on 02/02/2019 and 06/02/2019.  Disputed notice was issued on 01/02/2019 and BMC has filed photographs showing that on 01/02/2019 the walls of suit premises were partly constructed.  The photographs filed by Plaintiff shows that construction is completed and the tin roof is also laid down, as such it becomes clear that in the night of 01/02/2019, construction is completed, however advocate Mr. Dubey submitted that, in view of the Judgment of  Hon\''ble High Court passed in writ petition L Nos.88 of 2014, 89 of 2014 and 90 of 2014 in the case between Mrs. Lilly Pandit and Ors Vs Mumbai Corporation and Gr. Mumbai and Ors., reasoned speaking order is necessary to be passed in this matter considering reply filed by Plaintiff on 04/02/2019.  It is further submitted that, Plaintiff had gone to submit reply on 02/02/2019 at about 2.30 p.m. but on that day BMC office was closed, hence reply was submitted on 04/02/2019 and on said day speaking order came to be passed without considering said reply.
Defendant\''s advocate submitted that, on next date she will file case laws to satisfy the Court that u/s 354 A (2) of BMC Act reasoned speaking order is not necessary to be passed.
Any how photographs filed on record show that construction of notice structure is completed and I find that till Defendant\''s advocate satisfies the Court that reasoned speaking order is not necessary to be passed u/s 354 A (2) of BMC Act, it will not be better that notice structure should be demolished, hence ad-interim relief is granted up to 14/02/2019 only and on that day considering further arguments further orders will be passed.
Parties to act upon authenticated copy of this Roznama.
Case is adjourned to 14/02/2019 for Reply/registered NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and filed draft Notice of Motion and chamber summons along with affidavits in support. Leave granted.
Advocate Ms. Hajare for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 08/03/2019 for NM/Chamber Summons reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Court is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Advocate Mukesh Dubey for plaintiff present and sought extension of time to register NM. Leave is extended.
Advocate Mr.Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 18.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: As Court is busy in hearing NM in suit No. 2254/13 to 2258/13 and 2842/13 to 2844/13, 1318/18, and also in hearing urgent ad-interim matters ST no. 7829/19, ST 7855/19, ST no. 7856/19. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 03.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Advocate Mukesh Dubey for plaintiff present and original Chamber Summons No. 1157/19   along with affidavit in support of Chamber Summons. T.O.R.
Adv. for plaintiff also filed writ of summons. TOR and marked as Exh. 4
Advocate Ms. Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 21.09.2019 for Chamber Summons reply/hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and filed reply to ch/s no. 1157/19. TOR.
Earlier order to continue till next date.
The case is adjourned to 06.11.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: As Court is busy in hearing and dictating orders in ad-interim matters in ST No. 11745/19, 11746/19 and in hearing NM in SU no.2627/19 and in suit no. 1906/18 also the Court is busy in dictating Chamber Summons order in SU no. 3122/10. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 03.12.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Advocate Mukesh Dubey for plaintiff, prayed for adjd.
Advocate Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 25/02/2020 for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Mr. Mukesh Dubey for plff., tendered original registered ch/s no. 375/19, copy is served on BMC to inward section on 30.10.2019.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for reply on Ch/s on 21.04.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: adjd.to
Next Purpose: C/S REPLY
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Next Purpose: C/S REPLY
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present and filed say.
Heard both the sides.
F.R.S.R. the following order is passed -
Order below Ch/s No. 375/2019.
1. Chamber Summons No.375/2019 is made absolute in the terms of prayer clause (a).
2. Plaintiff is directed to carry the amendment within two weeks.
3. No order as to costs.
F.R.S.R. the following order is passed -
Order below Ch/s No. 1157/2019.
1. Chamber Summons No.1157/2019 is made absolute in the terms of prayer clause (a).
2. Plaintiff is directed to carry the amendment within two weeks.
3. No order as to costs.
Earlier order if any, to continue till next date.
Matter is adjourned for compliance to 08.09.2021.
                                                                               Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: 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 Compliance to 29.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: CORAM-H.H.J. SMT. S.G.SHAIKH (CR.NO.06)
(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  Compliance to 08.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
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 compliance to 31.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2022

Date: 31-01-2022
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.
Earlier order, if any, to continue till the next date.
Adjourned to 14.03.2022 for compliance as per order dated 06.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. Mr. Mukesh Dubey for plaintiff is present and tendered original registered NM Nos. 2320/19 and NM 728/19 along-with affidavit. TOR. He also filed pursis for withdrawing his appearance on behalf of the plaintiff, along-with notice and postal receipts. He is called upon to file the copy of postal acknowledgment.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/dismissal to 10.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for compliance to 01.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed list of documents along-with copy of postal acknowledgment. TOR. It is marked at Exh.05.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 03:48 pm.
The plaintiff is absent for compliance of Ch/s Orders No. 375/2019 and 1157/2019 and to proceed with NM No. 2320/2019 and 728/2019. Hence, the matter is posted for NM dismissal.
Adjourned for NM dismissal to 21.09.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Even today, the plaintiff is absent to proceed with the matter. In the result, NM No. 728/2019 and NM No. 2320/2019 stand dismissed in default. In absence of the plaintiff to comply with the Order of the Ch/s, the suit is posted for dismissal Order.
Adjourned for dismissal Order to 16.11.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Even today, none present for plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Orders to 20.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Order below Exhibit 01
     Even today, the plaintiff is absent to comply with the Orders on Ch/s. No. 375/2019 and 1157/2019, both of dtd. 06.08.2021. It is, thus, clear that the plaintiff is not interested in the matter. Hence, the suit is dismissed in default, for non-compliance of the Court\''s Order. The plaintiff is called upon to bear cost of litigation. All the pending applications stand filed. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-01-2023

NOTICE OF MOTION/102320/2019
NOTICE OF MOTION/100728/2019
CHAMBER SUMMONS/101157/2019
CHAMBER SUMMONS/100375/2019

Filing Number: 101525/2019
Filing Date: 04-02-2019
First Hearing Date: 06th February 2019
Decision Date: 20th January 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE