Fahim Sabban KhanVsMCGM

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: By precipe
Adv. P.N. Kulkarni for plaintiff present.
Adv. Khandagale for defendant/BMC (M East ward) present.
Matter pertains to M East Ward which is not pertaining to this court. Therefore, Board Dept. is directed to assign this matter to proper court. As both the parties are present in this matter, there is no need of fresh notice they shall remain present before assigned court on 14.10.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Adv. Mr. P. N. Kulkarni for Plaintiff present and tendered draft
NM along with affidavit in support of draft NM. Taken on
record. Leave is granted to register the draft NM.
Adv. Khandagle for Defendant/MCGM present and tendered reply
to NM cum written statement. TOR and marked as Exh.2.  He
also tendered list of documents. TOR and marked Exh.3. Copies
of both documents received by advocate for plaintiff.
Heard both sides on ad-interim reliefs.
The Ld. Adv. for plaintiff requesting time to file the copy of
citation to support the case.
Matter adjd to 16/10/2020 for citation/Order on Ad-interim
relief.
Next Purpose: CIATATION
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Adv. Kulkarni for Plaintiff present and filed citation. Taken on record.
Adv. Khandagale for Defendant/MCGM present.
Heard both sides on citation plaintiff has filed 7 citations. I have gone through all citations. With due respect the facts are not similar to the case in hand.
Advocate Khandagale hence relied on  Shri Jagan Nath vs Dda dtd. on 25 May, 2019. This is Judgment given by District Court Delhi. Ld. Judge observed in para 18. Even in case titled as Thomas Cook (India) Ld. V Hotel Imperial and Others 127 (2006)DLT 431, the Honble Delhi High Court  observed in para 15, as under 15. In our view injunction is an equitable relief and the Court must see whether a person who is a trespasser can seek the helping hand of the Court for protecting his unlawful possession as against the owner. A person who seeks equity must do equity. He must also come to Court with clean hands. When he does these things there will be no occasion for him to seek an injunction in as much as the trespass would have automatically stood vacated. If he does not do these things, he cannot at the same time ask for the helping hand of the Court to protect his illegal possession.
Thus, the injunction is an equitable relief where plaintiff should com with clean hands. The ratio is applicable to the case in hand.
1. Perused plaint alongwith documents filed by plaintiff. Perused Notice of Motion. Perused affidavit cum reply filed by the defendant corporation.
2. Heard, learned Adv. Mr.Kulkarni for the plaintiff and Adv.Mr. Khandagale for defendant corporation at considerable length.
3. It is submitted by plaintiff that, he has received the suit premises from the corporation in the year of 2014, being permanent alternative accommodation in lieu of original premises allotted by the Municipal Corporation. The cause of action arises due to notice Under Section 314 of MMC Act, 1988.  He is in possession of suit premises as per allotment letter dated Nil and possession receipt at Exhibit B and C respectively. In support of his claim he has filed Electricity Bill, Election Voters I.D. Card, Adhar Card, Copy of Co-operative Society notice etc.
4. Per contra the defendant corporation has filed numerous documents out of which as per defendant corporation the documents i.e. letter from A.O. Estate ME to Asstt. Commissioner FN, transpires the bogus document filed by the plaintiff on record. The verification report regarding the authenticity of allotment letter and possession receipt shows these are bogus documents. Corporation also seeking help from police to evict the plaintiffs encroachment as well as  demolition order is also filed.
5. It is settled law, the person who seeks equity, shall stand on his own legs. Plaintiff came with a case of settle possession in the capacity of PAP holders under the BMC policy of alternative accommodation.
6. Prima facia, there is no authentic documents filed on record to show that his name is listed in Annexure – II, declared by the BMC under provision of BMC policy. It is also noted that, the verification report filed alongwith affidavit by the BMC, transpires that, allotment letter and possession receipts are sham and bogus. Accordingly, the police action also initiated against the plaintiff from lawful eviction in such circumstances if he has not authorized PAP holder under Corporation policy.
7. After hearing both the sides. I am of the opinion that, plaintiff has not come with clean hands. He is not authorized PAP holder within the policy of Corporation for alternative accommodation. Accordingly, the plaintiff is not entitled for ad-interim relief. Prima facia it seems that the BMC has followed due process of law.  Hence, I passed following order
Order on ad-interim reliefs
ORDER
1. Ad-interim prayer is rejected being devoid of merits.
2. The BMC shall not take any coercive action against suit structure                           for next three weeks from today in order to file appeal before 	Honble High Court.
3. The protection period will not be extended further more.
Authenticated copies be given to the both parties.
Matter adjd to 25/11/2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. P. N. Kulkarni for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 21/04/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant/ MCGM present and requests for time to file W/s. Time is granted till next date.
Adjd. To 22/10/2021 for filing W/s by defendant / MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On perusal of record, it appears that defendant has already filed reply to NM cum W/s at Exh.2, hence matter is now fixed for draft issues.
Adjd. To 20/12/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is adjd to 21/03/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 22/06/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Draft issues not tendered by both the parties. Hence, matter be kept for framing issues.
Adjd. to 06/08/2022 for framing issues.
L.O. at 11.30 a.m.
Adv. P. N. Kulkarni for plaintiff present.
Already adjd. to 06/08/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None for plaintiff.
None for defendant/ BMC, M/East ward.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 20/08/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 14/10/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 03/12/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None for plaintiff.
Adv. Mrs. Chavan h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Exh.4 - Issues are framed.
Adjd. to 13/03/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 24/07/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Adjd to 08.01.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to  06.03.2024   for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv. Asit Singh for plaintiff undertake to file VP and requested time to file evidence. Hence matter adjourned.
Advocate Jyoti Patil- Mhatre h/f Suryavanshi  for defendant/BMC present.
Adjd  to   19.06.2024   for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: None present for plaintiff
Advocate  Botlawar for defendant/BMC present.
Suit is of year 2020 and since 13.03.2023 it is for evidence of plaintiff but neither plaintiff nor his Adv remains present. today also none present for plaintiff, hence matter adjourned and kept for dismissal of suit
Adjd  to  20.07.2024    for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmare h/f Botlawar for defendant/BMC present.
Due to heavy rain fall there is direction not to pass adverse order, hence matter adjourned
Adjd  to  31.08.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: None present for plaintiff
Advocate Pooja Nagarthawar  for defendant No. 1 to 3/BMC present- T ward
As Court is busy in other matter, hence matter adjourned and kept for dismissal of suit  for want of prosecution
Adjd  to 16.11.2024    for suit dismissal
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Adv. Santosh Yadav  for defendant/BMC  present.
As Court is busy in Targeted matter and judgment in Suit No. 1908/2016 and 1909/2016. Hence matter adjourned.
Adjd  to  07.12.2024    for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: None present for plaintiff
Advocate Honmane   for defendant/BMC present.
keep back
Later on 4.00 p.m
Same appearance
Order below Exh. 1
The suit is of year 2020 and issues are framed on 04.02.2023 and there after matter repeatedly adjourned for the plaintiff’s evidence. The roznama shows that neither plaintiff nor his Adv remains present. Thereafter matter adjourned to 19.06.2024, 20.07.2024, 31.08.2024 and 16.11.2024 for dismissal of suit, matter was adjourned to 30.11.2024 but none appeared for plaintiff. Today also none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed under order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-12-2024

Registration Number: 100478/2020
Transfer Date: 14-10-2020
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Registration Number: 100478/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101657/2020
Filing Date: 05-02-2020
First Hearing Date: 07th April 2020
Decision Date: 07th December 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE