Mr.Kiran Mulji ShahVsMCGM +1 more

Date: 10-10-2018
Business: Adv. Pal for plaintiff present.
Adv. Bhoir for defendant no. / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 26.11.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Adv. Mr. Pal for Plaintiff present.
Adv. Mrs. Bhoir for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 23.01.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Adv Pal for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Court busy in dictation of Judgments in Suit Nos.2149/12, 2150/12, 2151/12 and urgent matters. Hence, matter  is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 18/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: Adv. Mr. Pal for Plff present.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 12/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. Pal for plaintiff present.
Adv. Khandagle for MCGM/Def. present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 06.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: None for plaintiff present.
Adv. Hajare h/f Adv. Khandagle for defendant present.
Plaintiff and advocate absent when called at 3.00 pm. Hence NM No. 717/18 is kept for dismissal on next date.
Adjd to 25/09/2019 for NM dismissal
later on
Adv. Pratap Singh for plaintiff present.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Mr. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
KB
LO
Adv. Pratap Singh for plaintiff present.
Defendant is directed to supply copy of its reply to NM before next date so that the matter can be proceeded with on next date.
Earlier order, if any, to continue till next date.
Adjd to 25-11-2019  for Compliance /NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Advocate Mr. Pal h/f adv. Pratap Singh for plaintiff present
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Case is adjourned to 27/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Pal h/f Adv.Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
It is submitted Adv. Pratap Singh is ill since last four days. As a last chance for NM hearing.
Earlier order, if any, to continue till next date.
Matter adjd to 02.03.2020  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.Ms.Choudhri h/f adv.Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
 Matter adjd to 22.06.2020   for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for plaintiff.
Adv. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 10/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 02/07/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Asit Singh h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Reply filed by the defendant is on record.
Defendant is directed to serve the copy of reply on plaintiff till next date.
Earlier order, if any, to continue till next date.
Adjd. To 25/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Mr. Shailesh Pal h/f. Adv. Mr. Pratap Singh for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. for plaintiff seeks time to argue on Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Viraj Singh h.f. Adv. Pratap Singh for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 07/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: (Matter pertains to C.R. No.08)
Adv. Pal h.f. Adv. Pratap Singh for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 07/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R.NO.11)
(Matter pertains to C.R.NO.4)
Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for  defendant / MCGM present.
Earlier order, if any, to continue till next date
Matter adjourned for NM hearing to 01.04.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
On the request of Adv. for plaintiff, matter is adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 17/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and submitted that advocate on record is busy in another Court. Hence, requested time argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 16/11/2022 for N/M hrg.
L.O. at 04.55 p.m.
Adv. Pal for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 16/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and requested time argue on N/M. Time is granted till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 12/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that senior advocate is unable to argue N/M due to personal reason. Hence, time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 25/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that he will file written arguments on next date. Hence, short date may be granted. Hence, matter is adjourned till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: None present for plaintiff.
Adv. Mhatre  h.f. Adv. Suryavanshi for defendant/ BMC is present.
KB
LO
Adv. Pratap Singh for plaintiff present and requested time to argue in NM. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 10.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Pratip Singh for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
Same appearance
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Advocate  Shailesh Pal h/f Pratap Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
On request of advocate for plaintiff. matter Keep back
L.O. 3.32 p.m.
Heard argument of advocate for plaintiff and partly heard advocate for Corporation on NM and adjourned on request of Adv. for Corporation.
Earlier order, if any, to continue till next date.
Adjd to 21.06.2023 for further NM Hearing by defendant /BMC/ NM(P.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: dvocate Pratap Singh  for plaintiff present and tendered
Advocate Suryavanshi for defendant/BMC present.
Heard argument of both sides.
Earlier order, if any, to continue till next date.
Adjd to 10.07.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Advocate Pratap Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Keep back
L.O.
Adv. Viraj Singh h/f Pratap Singh for plaintiff present.
Court is busy in hearing urgent ad-interim matter and NM hearing. Due to paucity of time matter adjourned.
Earlier order, if any to continue till next date.
Adjd to 17.07.2023 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
FRSR following order is passed in NM NO. 717 / 2018
ORDER
Notice of Motion No. 717/2018 is dismissed with costs.
Adv for defendants/BMC adopted reply to NM as a written statement. Hence, it is marked as Exh.3
Adjd to 07.10.2023  for Hearing on Draft issues
L.O.3.45 p.m.
Advocate Adv. Pratap Singh a/w Shailesh Pal for plaintiff present and tendered application for continuation of EOC marked as Exh.4  O- Other side to say.
Adv for defendant/BMC has given say on Exh. 4 overleaf.
Heard argument of both sides on Exh. 4
Order on Exh. 4
O R D E R
1.   The plaintiff filed application for extension of earlier order. The defendant/BMC opposed application stating that this Court has dismissed NM on merit and plaintiff has not prima-facie case.
2.  Heard argument of adv. for the parties.
3. Advocate for plaintiff submitted by order dated 14.02.2018 Court directed to MCGM not to take coercive action and said order has been continued till today. Advocate for BMC submitted that on 14.02.2018 due to contradictory statement of the parties and photographs this Court has directed concern officer of BMC to inspect the premises and submit the report.
4.     He pointed out that as per the order by designated officer inspect the suit on 15.02.2018 and noticed that part portion of the plot Boundaries found covered with MS pipe and green net. He further submitted that on 08.02.2018 the officer had inspected the suit sites at that time boundaries are not covered.
5.     The order dated 14.02.2018 is continued till disposed of NM. The plaintiff intends to challenge order rejecting interim relief. The plaintiff is intends to challenge order refusing ad-interim protection before Hon\''ble High Court. The appeal is the statutory right of the party who is aggrieved. It is submitted that if ad-interim protection is not extended there is possibility of demolition of structure and purpose of filing appeal will be frustrated. Therefore, considering the facts that interim protection was existence till today. Hence, I pass following order-
O R D E R
Ad-interim protection is extended for two weeks from today.
Authenticated copy of roznama be provided to both the parties
Adjd. to 07.10.2023 for Hearing on Draft issues.
Next Purpose: HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: NOB TOB – By praecipe
Adv. Pratap Singh for plaintiff present and tendered application for extension of time for EOC. Marked as Exh. 5
O- Other side to say.
Advocate Suryavanshi  for defendant/BMC present and has given say on Exh. 5 overleaf.
Order on Exh. 5 – Perused application and reply. In view of reason earlier order extended for two weeks
Already Adjd to 07.10.2023 for hearing on Draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Advocate Viraj Singh h/f Pratap Singh for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Heard argument on Both sides on issues.
Exh. …. Issues are framed.
Adjd  to 05.12.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Today is first date for filing evidence. Hence matter adjourned
Adjd  to   07.02.2024   for  plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: None present for plaintiff.
Advocate Suryawanshi  for defendant/BMC present.
Adjd  to 27.03.2024 for Plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Advocate Luman h/f Pratap Singh for plaintiff present and seeks short date for evidence. Hence matter adjourned.
Advocate  Suryavanshi for defendant/BMC present.
Adjd  to 28.06.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: None present for plaintiff
Advocate Vyawahare   for defendant/BMC present.
Adjd  to  09.08.2024    for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Today suit is listed for plaintiff evidence but none present for plaintiff. On previous date none was present for plaintiff. issues  are framed on 07.10.2023 and matter is repeatedly adjourned for plaintiff evidence but he did not file evidence. Today neither plaintiff nor his adv is present. Hence matter adjourned and kept for dismissal of suit.
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/BMC present – M East Ward
keep back
Later on
Same appearance
Order below Exh. 1
    Suit is of year 2018 and issues are framed on 07.10.2023 and thereafter matter repeatedly adjourned for plaintiff  evidence. The roznama shows that neither plaintiff nor his adv remains present. Hence on 09.08.2024 matter adjourned to 31.08.2024 for dismissal of suit. But inspite of that today 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 for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 31-08-2024

Registration Number: 102590/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101910/2018
Filing Date: 02-02-2018
First Hearing Date: 10th October 2018
Decision Date: 31st August 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE