Date: 05-02-2018
Business: Mentioned by Preciepe.
Advocate Mr. K. P. Tiwari with Satyam Dubey for the Plaintiff present.
Advocate Ms. Tondwalkar for BMC/deft present.
Vakalatnama tendered by the BMC/deft. t.o.r.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the Defendant temporarily from enforcing/ executing notice dtd 15.06.2017 and order dtd 27.11.2017 in respect of suit premises. t.o.r. Leave granted to register.
List of the documents tendered by the Plaintiff. t.o.r. O-filed.
Heard. It appears prima facie from the documents filed today that the defendant has kept in abeyance earlier order passed of rejection of proposal of the Plaintiff and requested law officer to opine in respect of proposal of addition/ alteration. Hence, the defendant is hereby directed to secure the presence of concerned officer on next date and further directed to make submission in respect of opinion of law officer and decision taken accordingly. -- Matter adjd to 14.02.2017 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2018
Date: 14-02-2018
Business: Advocate Mr. Sandeep Singh for the plaintiff present.
Advocate Ms. Tondwalkar for BMC/deft present.
Officer Mr. Amit Patil, A.E. (B and F) Junior Engineer \''S\'' ward present.
Original N/M no. 610/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Inspite of directions and intimation by concerned advocate one of the officer from E.E. (building and proposal) E.S. has remained absent before the court.
Officer who is present before the court is directed to take necessary information from the concerned department and also directed to inform concerned officer to remain present before the court.
The Plaintiff is directed to inform to this court, how the Plaintiff is in the custody of documents filed alongwith exh. 3.
Earlier order to continue till next date.
Matter adjd to 12.03.2018 for compliance by the Plaintiff and the Defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2018
Date: 12-03-2018
Business: Advocate Mr. Raju Pankar for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft. present.
Earlier order to continue till next date.
Matter adjd to 23.04.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: Advocate Mr. Sandeep Singh for the Plaintiff present.
Advocate Mr. Metkari for BMC/deft present.
Officer of BMC Mr. Pradip Kumar Pathak \''S\'' ward present
As the court is busy in preceipe matters and urgent matters. Hence, matter adjd to 9.07.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Adv Sandeep Singh h/f adv Satyam Dubey for plaintiff present.
Adv Tondwalkar for def/BMC present.
Earlier order to continue till next date.
Adjourned to 13.08.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2018
Date: 03-09-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Advocate for Plaintiff present.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 02/11/2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Court is busy in hearing urgent applications in suit no.2985/18, 789/16 and other matters, hence board is discharged and case is adjourned to 17/12/2018.
Earlier order to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: Advocate Mr. Devgiri for applicant Shri Vijaykunj CHS present and filed filed draft chamber summons along with affidavit in support. Leave granted.
Advocate Mr. Jitendra Tiwari for Plaintiff present.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 21/01/2019 for reply/registered Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Court is busy in hearing Chamber Summons in suit no.3034/09 and Court has to hear NM in suit no.1334/18 hence case is adjourned to 13/02/2019.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Advocate Mr. Singh for Plaintiff present and sought time to file reply to Chamber Summons. Granted.
Applicant present and filed registered Chamber Summons no.6/19 with affidavit in support, t.o.r.
Advocate Mr. N. S. Metkari for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 13/03/2019 for Chamber Summons reply.
Next Purpose: C/S HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Advocate Mr. Satyam Dubey for Plaintiff present and sought time to file reply to Chamber Summons. Adjourned.
Advocate Mr. N. S. Metakari for BMC/Deft present.
Advocate Mr. Dhandade h/f Adv. Devgirikar for applicant present and filed affidavit of service, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 15-04-2019 for Chamber Summons reply.
Next Purpose: C/S HEARING
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Advocate Tiwari h/f adv. Satyam Dubey for plaintiff present.
Advocate Ms. Tondwalkar with adv. Metkari for defendant/BMC present.
Adv. Devgirikar for applicant present.
Advocate for plaintiff sought time to file reply on Chamber Summons. Time granted as last chance.
Earlier order to continue till next date.
The case is adjourned to 09.07.2019 for reply on Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Advocate Tiwari h/f adv. Satyam Dubey for plaintiff present and sought time. Time is granted.
Advocate Ghandade h/f Adv. C. P. Deogirikar for applicant present.
Advocate Mr. N.S.Metkari Defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 31.07.2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Jitendra Tiwari for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 19.08.2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: As Court is busy in dictating order in suit no. 169/09 and hearing NM in suit no. 282/16 and ad-interim hearing in ST no. 8899/19 and 8902/19 and other matters on board. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 25.09.2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: (Incharge Court of C. R. No. 11)
Adv.Metkari for Plaintiff present.
BMC advocate absent.
Earlier order to continue till next date.
Matter adjd to 04.11.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Advocate R.S.Dubey for plaintiff present and filed Chamber Summons reply TOR. Copy of reply served on advocate for applicant.
Advocate Ms. Chavan for defendant /MCGM present.
Advocate Deogirikar for applicant present.
Earlier order to continue till next date.
The case is adjourned to 11.12.2019 for Chamber Summons hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Mr. Tiwari for Plaintiff present.
Adv.Mrs. Chavhan for deft./MCGM present.
Adv. Mr. Rajaram Khandade for applicant, prayed for adjd to file rejoinder.
Earlier order to continue till next date, if any.
Matter is adjd.for ch/s reply on 29.01.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Mr. Jitendra Tiwari for Plaintiff present.
Adv. Mr. Metkari for deft./MCGM present.
Adv. Mr. Rajaram Ghandade for applicant, submitted rejoinder, copy supplied to both side.
Earlier order, if any, to continue till next date.
Matter is adjd.for ch/s hearing on 26.02.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Mr. Jitendra Tiwari for plff., submits that impugned structure is regularized by the MCGM, prayed for time to submit documents.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Ghandade h/f adv. Mr. Deogirikar for applicant, prayed for adjd.
Dr. Ashok Dandekar, plff is present.
Matter is adjd. for ch/s hearing on 21.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjd. for CHS hearing on 17.07.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Business: Due to Covid -19
Next Purpose: C/S HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 11-02-2021 for C/S Hrg.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mr. Sandeep Singh for plaintiff present and submitted that today plaintiff is not present and on next date he will withdraw the suit.
Adv. Ms. Tondwalkar for deft./MCGM present.
Adv. Mr. Rajaram Ghandade h/f Mr. Deogirikar for applicant is present.
Earlier order if any, to continue till next date.
Matter is adjourned for withdrawal of the suit to 18.02.21.
Judge
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv. Mr. Sandeep Singh for plaintiff present with plaintiff and submitted that still Fire department has not given NOC and he requested short time for withdrawal of suit.
Adv. Ms. Tondwalkar for deft./MCGM present.
Advocate Mr. Devgirikar for applicant is present.
Earlier order if any, to continue till next date.
Matter is adjourned for withdrawal of suit to 15.04.21.
Judge
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Due to surge in Covid-19, on 15.04.2021 declared as holiday, hence, matter is adjourned to next date.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WITHDRAWAL
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: CORAM H.H.J. SHRI D.D.ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No.11)
Adv. Sandeep Singh for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for Withdrawal to 05.10.2021.
Next Purpose: WITHDRAWAL
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: The court is vacant
Next Purpose: WITHDRAWAL
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: The Court is vacant
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Mr. Sandip Singh for plaintiff is present.
Adv. Mr. Rajaram Ghandade for applicant is present.
Adv. Mr. Khandagale h/f Adv. Ms. Mhatre for Defendant/MCGM is present.
Adv. for the plaintiff orally requested for time to withdrawal the suit as the plaintiff is not present today.
Earlier order, if any, to continue till the next date.
Adjourned for withdrawal to 15/01/2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: 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.
Adv. Ms Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for withdrawal to 03.02.2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for the plaintiff is present.
Adv. C.P. Deogirikar for applicant is present.
Adv. Mrs. J.V. Mhatre 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 16.02.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present for plaintiff.
Adv. Mr. C.P. Deogirikar for applicant is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The record shows that the since long, the suit is pending for withdrawal on the statement of the advocate for the plaintiff, made on 18.12.2021 and even prior thereto. However, he is absent. Hence, the matter is posted for hearing on Ch/s No. 06/2019.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s hearing to 16.03.2022.
Next Purpose: HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Mr. Jitendra Tiwari for plaintiff is present.
Adv. Mr. C.P. Degoirikar for applicant is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Heard both the side on Ch/s No. 06/2019.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s Order to 04.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Mr. Sandeep Singh for plaintiff is present.
Adv. Mr. Deogirikar for applicant is present.
None present for defendant.
F.R.S.R. following order is passed on Ch/s No. 06/2019:
ORDER
(i). Chamber summons No. 06 of 2019 stands dismissed.
(ii). Chamber summons No. 06 of 2019, accordingly, stands
disposed off.
Earlier order, if any, to continue till the next date.
Adjourned for withdrawal/NM hearing to 25.07.2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Mr. Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
On the joint statement of the advocates, the matter is placed before Lok-adalat. The parties filled \''E\'' form.
Adjourned for Lok-adalat to 13.08.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
Matter pertains to CR No.11
Plaintiff - Dr. Ashok Dandekar present.
Adv Sandeep Singh for plaintiff present.
Adv. Mhatre for defendant/BMC present.
Adv. N.S. Metkari counsel for BMC present.
Matter is adjd to 27-09-2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. S.R. Dude for the plaintiff is present. He submitted that the proposal for regularization is pending with the defendant and he needs some time.
Adv. J.V. Mhatre for defendant/MCGM is present.
Since long, the matter is pending as it is. Hence, the parties are called upon to proceed with the matter on the next date.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 01.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: NOB TOB.
By praceipe the matter is taken on today\''s board.
None present for the plaintiff.
Adv. Mr. Devgirikar for the applicant in Ch/s. is present and filed copy of Order in WP No. 2563/2022, dtd. 18.10.2022, staying the proceedings in LC Suit No. 334/2018 pending before this Court. TOR. On inquiry, it is informed that the other side was present in the WP and the applicant is also ready to inform them as regards filing of this Order on record. Considering nature of this Order and the statement that the other side was present in the said WP, the production is allowed. The applicant is called upon to inform the plaintiff as regards this production.
Adv. Ms. Mhatre for defendant/MCGM is present.
Matter is already adjourned to 01.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: NOB. TOB.
Writ received from Hon\''ble High Court WRIT PETITION NO. 12563/2022 (Coram: SANDEEP K. SHINDE, J.) has on 18.10.2022 the following order is passed:
ORDER
9. However, in view of above facts, in the meantime, proceedings in L.C. Sunit No. 334/2018, pending before the City Civil Court, at Mumbai, are stayed.
Adjourned for NM Hearing to 01.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Mr. Jitendra Tiwari for the plaintiff is present and filed copy of Order in WP No.12563/2022, staying the matter. TOR.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Rest of the defendants are absent.
Earlier order, if any, to continue till the next date.
Adjourned for stayed to 03.02.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for stayed to 06.04.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: CORAM: H.H.J. Shri. S. H. Salunkhe (C. R. NO.04)
Matter pertains to C. R. No. 11
Adv. Mr. Jitendra Tivari present for the plaintiff.
Adv. Ms. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for Suit stayed to 27.07.2023.
I/c Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. Mr. S.R. Dubey for the plaintiff is present. He informed that the matter is stayed as on today.
Adv. G.O. Giri h/f Adv. S.S. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for stayed to 26.09.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: By Praecipe matter is taken on today\''s board.
Mr. Ashok Vinayak Dandekar and informed that the plaintiff wants to withdraw the suit.
Adv. Mr. Jitendra Tiwari for the plaintiff is present and filed the application for withdrawal. TOR. It is marked as Exhibit 5.
O- Other side to say. Say filed.
Adv. Mr. G.O.Giri for defendant/MCGM is present.
Adv. Mr. C.P. Deogirikar for applicant in Ch/s. is present. He submitted that in view of the Order dtd. 22.08.2023 in WP
No. 12563 of 2022, the plaintiff is directed to add the applicant as partly with the suit. As of now, he is not added and therefore, he cannot file effective say on this application. In view of his statement and the said Order of the Hon’ble High Court, the plaintiff is called upon to carryout necessary amendment in plaint.
Matter is already adjourned for compliance/say on Exh.5 to 26.09.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Mr. Jitendra Tiwari for the plaintiff is present and requested time to take steps in view of the Order in WP 12563/2022. Time is granted lastly.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adv. Mr. Deogirikar for the applicant in Ch/s. is present.
Adjourned for compliance/say on Exh.5 to 19.10.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Adv. Mr. Jitendra Tiwari for the plaintiff is present and informed that the amendment is carried out by adding defendant No.2.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/ MCGM is present.
Adv. Mr. Rajaram Ghandade for defendant No. 2 is present and requested time to file say on Exh.5. Time is granted shortly.
Adjourned for say on Exh.5 to 30.11.2023.
Next Purpose: FILING SAY
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Adv. Mr. Jitendra Tiwari for the plaintiff is present and submitted that the plaintiff comply with the Order dtd. 22.08.2023, in W.P. No. 12563/2022.
Adv. Mr. Khandagale for defendant No.1/MCGM is present.
Adv. Mr. Deogirikar for defendant No.2 is present and filed reply to the application for withdrawal (Exhibit 5). Taken on record. It is marked as Exhibit 6. O- Filed. Copy is supplied to the other side. He submitted that defendant No.2 has no objection for unconditional withdrawal of the suit. Heard both the sides on Exhibit 5.
Order below Exhibit 5 :
Considering the reasons, as the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. The suitable Order follows below Exh.1.
Order below Exhibit 1:
In view of the Order on the application (Exh. 5), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, along-with NM No. 610/2018, are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-11-2023