Date: 29-03-2019
Business: Adv. Ms. Chaurasiya for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd to 2/7/2019 for Ch/s reply.
LO at 3.10 p.m.
Adv. Mr. Dinesh Yadav for applicant present and tendered original registered Ch/s No.329/19 alongwith affidavit.
Already adjd to 2/7/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: Due to heavy rain, staff members and litigants have not attended Court. Hence board is discharged and matter is adjd.
Earlier order, if any, to continue till next date.
Adjd to 20.08.2019 for Ch/sum Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Mrs. Hajare for Defendant/MCGM present.
None for appplicant.
Earlier order, if any, to continue till next date.
Adjd to 22.10.2019 for Ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Megha Sigwan for plaintiff present.
Applicant present, his advocate is absent.
Adv. Mrs. Hajare for MCGM/Deft. present.
Chamber Summons without reply by plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd to 21.04.2020 for reply of plaintiff last chance given.
Next Purpose: REPLY
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: REPLY
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: adjd to
Next Purpose: REPLY
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Megha Shigavan for plaintiff present.
Adv. Mrs. Hajare for deft/MCGM present.
None for applicant.
Matter adjd to 16/03/2021 for Ch/s Hearing (Without Reply).
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Vidya Sawla h/f Adv. Megha Shigwan for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 17/04/2021 for Ch/s hearing (without Reply) and NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv Kajal Chaurasiya h/f Adv Megha Shigwan for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. To 07/10/2021 for Ch/s hearing (without reply) / NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv Kajal Chaurasiya h/f Adv Megha Shigvan for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
None for applicant.
Today matter is fixed for Ch/s hearing, but record shows that since long applicant and his advocate absent, therefore, ch/s be kept for dismissal of ch/s.
Earlier order, if any, to continue till next date.
Adjd. To 07/12/2021 for dismissal of Ch/s /NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Chourasiya h.f. Adv. Megha Shigvan for Plaintiff present.
Adv Mrs Rawade h.f. Adv. Chavan for defendant / MCGM present.
Adv. Govind Singh for applicant present.
K.B. L.O.
Same appearance.
Earlier order, if any, to continue till next date.
Matter is adjd to 21/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Kajal Chaurasiya h/f Megha Shigwan for plaintiff present.
Adv. Govind Singh for applicant present.
Adv. Chavan for MCGM present.
Heard adv. For plaintiff on ch/s.
Earlier order, if any, to continue till next date.
Matter is adjd to 4/1/2020 for Order on Ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv Megha Shigvan for plaintiff present.
Adv Khandagale h/f Adv Rawade for defendant / MCGM present.
None for applicant.
ORDER ON CH/S NO.329/2019
Perused Ch/s, affidavit in support thereof and documents filed on record. Heard both advocate at length.
The applicant contended that he is the occupier and in possession of Room No.4 and 5 of Suit premises namely \\\''\\\''Solanki Bhavan\\\''\\\''. His right, title and interest involved in the suit premises. The ultimate decision of the Suit affects on his civil rights. Therefore applicant prayed that he be join as a party defendant in the Suit.
On perusal of the record it reveals that the CTS No.804 and 804/1 to 4, therein a house consists of Ground plus first floor. The above property consists of four tenements at the ground floor and four tenements at first floor. The four tenements at the first floor is the subject matter of this Suit and referred as Suit structure. In the Ch/s applicant nowhere mentioned whether his Rooms situated at Ground floor or First floor. Herein this case, plaintiff has challenged the notice dated 13.03.2018 and order dated 10.04.2018. The said notice was issued in respect of the Suit structure i.e. four tenements on the first floor of the said house i.e. Solanki Bhavan. The applicant in the entire affidavit nowhere mentioned that his room situated at the ground floor or at the first floor.
The advocate for the plaintiff relied on the decision in the Case of Mohammad Hussain Gulam Ali Vs Municipal Corporation of Greater Bombay, 2017(6) ALL MR 420 (S.C). Therein, the Honble Supreme Court told that it is a settled principle of law, which does not need any authority to support the principle, that the plaintiff being a dominus litis cannot be forced to add any person as party to his suit unless it is held keeping in view the pleadings and the relief claimed therein that a person sought to be added as party is a necessary party and without his presence neither the suit can proceed and nor the relief can be granted.
On going through the entire record, applicant nowhere stated that his interest involved in the Suit property. Applicant not sufficiently brought on record that he is a necessary party and without his presence, neither the suit can be proceeded nor the relief can be granted. Therefore, in my opinion applicant is not entitled for the relief prayed. Considering this I pass following order
ORDER
1. Ch/s No.329/2019 is dismissed being devoid of merits.
2. Ch/s No.329/2019 is disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 04-01-2022