Saifullah Hasmullah ChaudharyVsMCGM

Date: 31-01-2018
Business: in the suit of the applicant. Prima facie, it appears that in respect of construction of the suit structure and construction in the lane, suit is filed by the present applicant, wherein, status-quo order has been passed against present Plaintiff. It appears from photographs that construction of suit structure has been completed during the pendency of the suit in between present applicant and present Plaintiff. Then nature of construction discloses from the photographs filed by the applicant in that suit. Today, there is no permission for the construction filed by the Plaintiff. Thus, Prima facie, the Plaintiff has failed to establish case to grant ad-interim relief. Hence, ad-interim relief is refused.
The defendant is directed to place on record evidence of service of notice dtd 13.10.2017 to the present Plaintiff on next date without fail. The Defendant is directed to secure presence of concerned officer on next date without fail.
Advocate for the Defendant to take note of it.
Matt
Next Purpose: REPLY
Next Hearing Date: 03-02-2018

Date: 03-02-2018
Business: Advocate Mr. V. T. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Advocate Mr. Asit Singh for applicant present.
Original registered N/M no.454/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Original registered Ch/s no. 225/18 alongwith affidavit in support tendered by applicant. t.o.r.
List of the documents filed by BMC/deft. t.o.r. O-filed.
Heard. Perused documents filed by the defendant. Prima facie it reveals that the copy of the notice filed on record by the Defendant, nowhere discloses that notice was served upon the Plaintiff and even copy which is filed on record, prima facie nowhere discloses as a copy of the notice filed on record by the Plaintiff. Further, Prima facie it is the case of Plaintiff that he has received notice alongwith the speaking order on 2.11.2017. It -- Matter adjd to 5.03.2018 for reply to N/M/ reply to Ch/s and w.st by the Defendant.
Next Purpose: REPLY
Next Hearing Date: 05-03-2018

Date: 05-03-2018
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 16-03-2018

Date: 16-03-2018
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: Advocate Mr. Rohit Pandey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
As the court is busy in other matters on board.
Hence matter adjd to 10.07.2018.
Next Purpose: REPLY
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Adv N K Dubey h/f adv V T Dubey for plaintiff present.
Adv Khandagale for def/BMC present.
Last chance given to plaintiff to file their reply to ch/sum.
Adjourned to 26.07.2018  for C/S and NM reply.
Next Purpose: REPLY
Next Hearing Date: 26-07-2018

Date: 26-07-2018
Business: Court is vacant. Hence board is discharged
Next Purpose: REPLY
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Advocate for Plaintiff
Advocate Ms. Tondvalkar for BMC/Deft. present.
Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18  and 1407/18, hence board is discharged and case is adjourned to 16/10/2018.
Next Purpose: REPLY
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Court is busy in hearing final argument in suit no.2037/05, hearing and dictating order on Notice of Motion No.3658/18 and urgent application, hence board is discharged and case is adjourned to 06/12/2018.
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: 07-03-2019

Date: 07-03-2019
Business: Advocate Mr. Dubey for Plaintiff present and sought time to file reply to Chamber Summons.
Applicant and his advocate absent.
Advocate for BMC/Deft present and sought time to file reply. Adjourned.
Case is adjourned to 04/05/2019 for NM and Chamber Summons reply.
Next Purpose: NM REPLYREJOINDER
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.
Advocate Asit Singh for Applicant present.
The Case is adjd. To 01.08.2019  for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Advocate V.T.Dubey for plaintiff present and filed reply to the Chamber Summons. TOR.
Copy of reply served on adv. for applicant.
Advocate Ms.Mhatre for defendant/MCGM present.
Adv Ms. Mishra h/f adv. Asit Singh for applicant present.
The case is adjourned to 06.09.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-09-2019

Date: 06-09-2019
Business: As 06.09.2019 is Gauri Pujan holiday. The case is adjd. to 07.09.2019
Next Purpose: C/S  HEARING
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 27.09.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Giri for defendant/MCGM present.
KB
LO at 5.15pm,
As Court is busy in hearing ad-interim matter in suit no. 2474/19 and in hearing NM in suit no. 1118/19 and in hearing Chamber Summons in suit no. 820/10 and 2920/16 and in dictating orders in Chamber Summons and also in other matters on board. The case is adjourned.
The case is adjourned to 17.10.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Mhatre  for defendant/MCGM present.
Advocate Asit Singh for applicant present.
Heard advocates for both parties.
The case is adjourned to 23.10.2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Giri for defendant/MCGM present.
F.R.S.R. following order is passed in Chamber Summons No. 225/18
                               ORDER
1. Chamber Summons No. 225/18 is dismissed.
2. No order as to costs.
The case is adjourned to 05.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Tendered filed reply by deft., copy supplied to plff. adv.
Matter is adjd. for NM argument on 13.02.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Matter is adjd. for NM argument on 12.06.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Adjd. to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Business: adjd.to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: Adv. Mr. V.T.Dubey for Plff, requested to peruse last two lines of roznama dated 03/02/2018, in respect of fresh speaking order.
Adv. Ms. Mhatre for Deft./MCGM, requested to seek instructions from concern officer.  It is added that suit structure is already demolished.
Affidavit of MCGM, already on record dated 05/12/2019 marked as Exh.4.
Parties to verify present situation and argue on next date.
Matter is adjd. for n/m hrg. on 07.10.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM.
Matter is adjd. for n/m arguments to 14.01.2021.
Next Purpose: NM  ARGUMENTS
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 01/03/2021 for NM Hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv. Mr. Dubey for plaintiff present and requested for short adjournment.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 28.04.21.
                                                                               Judge
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Mr. N.K.Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the plaintiff orally requested time for NM hearing.
Adjourned for NM hearing to 23/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and orally requested time for NM hearing. Granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 29.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: HHJ gone to training programme at Uttan, hence adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: P. O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. V.T. Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present.
Heard both the sides on NM No. 454/2018. Advocate for the defendant orally requested for time to go through the record and to verify whether Speaking Order is passed in view of roznama dtd. 03.02.2018.
Adjourned for steps/NM Order to 14.11.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to verify the passing of Speaking Order.
Adjourned for steps/NM Order to 13.01.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and informed that the Speaking Order is passed and referred to the NM reply. The parties are already heard on NM.
Adjourned for NM Order to 31.01.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
F.R.S.R. the following Order is passed on NM No. 454/2018:
-: O R D E R :-
(i).     Notice of Motion No. 454/2018 stands dismissed.
(ii).    Notice of Motion No. 454/2018 is, accordingly, disposed
          of.
LO at 03:45 pm.
Adv. Mr. V.T. Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
Adjourned for WS (LN) to 04.02.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Ms. Prasad for the plaintiff is present and informed that in view of the Order on NM, the plaintiff may withdraw the suit.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file WS.
By consent of the parties, the matter is referred to lok-adalat for possible withdrawal and the notices are dispensed with.
Adjourned for lok-adalat to 11.02.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: NATIONAL LOK ADALAT HELD ON 11.02.2023 (PANEL- X)
Matter pertains to CR No.11
None present for plaintiff.
Adv S.C. Khandagale for defendant/BMC present.
Shri. Dilip Jadhav JE, L Ward for BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to  21.04.2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Giri for defendant/MCGM is present and requested for time to file WS. Granted as a last chance.
By consent of both the sides, the matter is referred to lok-adalat and the separate notices are also dispensed with.
Adjourned for Lok-adalat / WS to 30.04.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.11
Adv Dubey for plaintiff present.
Plaintiff is absent.
Advocate Giri for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 01-08-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. G.O. Giri h/f Adv. Ms. S.S. Chavan for defendant/MCGM is present.
Adjourned for dismissal to 19.08.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: Adv. Ms. Prasad for the plaintiff is present. She informed that the plaintiff is not in contact and he is not interested to proceed with the suit.
Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant/ MCGM is present.
Order below exhibit No. 01:
      In view of the statement of advocate for the plaintiff, it seems that the plaintiff is not interested to proceed with the suit. Hence, the suit is dismissed for want of prosecution on his behalf. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 19-08-2023

CHAMBER SUMMONS/100225/2018
NOTICE OF MOTION/100454/2018

Filing Number: 101656/2018
Filing Date: 29-01-2018
First Hearing Date: 27th March 2018
Decision Date: 19th August 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE