Date: 06-02-2018
Business: (Matter pertains to C.R. no.8)
Adv. Mohit Jadhav for Plaintiff present.
Adv. Kumavat for BMC/Deft. Present.
Mr. Nalwade Jr. Engg. Building and factory Department,
N-ward present.
Heard. Perused documents. Notice issued and order passed by the defendant. Prima facie it appears that while passing order the repair permission issued by assistant Engineer Building and Factory department L-ward dated 19/12/83 was produced and perused remarks passed against the same. It appears that it has held that said permission can not be treated as conclusion proof showing authorized structure mentioned in the notice. Prima facie it reveals that granting permission in the year 1983 in respect of the shop ad-measuring 8 x 20 feet, itself appears that permission was granted to authorized structure.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2018
Date: 21-02-2018
Business: Adv.Mr.Mohit Jadhav for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
On oral request of adv.for Plff.adjd.for rejoinder on 04.06.2018.
Next Purpose: REJOINDER
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: Adv. Mr. Mohit Jadhav for plaintiff present.
Adv. Mr. Giri for BMC present.
Earlier order if any, to continue till next date.
Adjd to 20.6.2018 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv. Ms. Rozina Shaikh for plaintiff present.
Adv. Mr. Giri for BMC present.
Advocate for plaintiff seeks time to file rejoinder.
O- Adjournment granted.
Earlier order to continue till next date.
Adjd to 18.7.2018 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 18-07-2018
Date: 18-07-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present and tendered rejoinder and original Writ of Summons.
Adv. Mr. Giri for defendant / BMC present.
Copy serve.
O - Earlier order to continue till next date.
Adjd. to 13.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: None for plff.
Adv Giri for BMC/deft present.
Adjd to 5/09/2018 for NM hearing.
Later on..
Adv Mohit Jadhav for plff present.
Earlier order to continue till next date.
Adjd to 5/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Matter pertains to C.R.No.8
Adv. Chouraciya for Plaintiff present.
Adv. Mhatre for Defendant /BMC present.
Earlier order to continue till next date.
Adjd for N/m hrg. to 12.09.11.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Mhatre for Defendant/ BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 10.10.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Business: Adv. Mohit Jadhav for plaintiff present.
Adv. Lanjekar with Adv. Mhatre for defendant no. / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 12.12.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Adv. Chaurasia for plff present
Adv. Yogita Lanjekar with Adv. Bhoir for deft/BMC present
Earlier order, if any, to continue till next date.
Adjd to 01/02/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Adv Mohit Jadhav for plff present.
Adv Yogita Lanjekar with adv Bhoir for BMC/deft present.
K.B..
Later on..
Adv Mohit Jadhav for plff present.
Adv Yogita Lanjekar with adv Bhoir for BMC/deft present.
Heard arguments of Ld adv for plff.
Earlier order, if any, to continue till next date.
Adjd to 27/02/2019 for NM hearing of deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: CORAM H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
(C.R.NO.11)
(In-charge Court of C.R.No.8)
Adv Ms.Chaurasia h/f adv Mohit Jadhav for plff present.
Adv Yogini Lanjekar with adv Mrs.Bhoir for MCGM/deft. present
Earlier order to continue till next date.
Adjd to 27/03/2019 for NM hearing deft.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: Adv. Ms. Megha for Plff present.
Adv. Ms. Lanjekar with Adv. Mrs. Bhoir for MCGM/Deft present.
Earlier order, if any, to continue till next date.
Court is busy in hearing on M.A. 34/18 in Suit No.1209/14. Hence, adjourned.
Adjd to 19/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Adv. Ms. Chourasiya for plaintiff present.
Adv. Yogini Lanjekar with Adv. Ms. Patil for MCGM/def. present.
Kept back.
L.o. at 3.45 p.m. Adv. Mohit Jadhav for plaintiff present.
Heard arguments of Adv. for def.
Earlier order, if any, to continue till next date.
Adjd to 26.06.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Adv. Chourasiya for plaintiff present.
Adv. Ms. Lanjekar for MCGM/Def. present.
FRSR the following order is passed on NM No. 456/18 -
ORDER
1. The Notice of Motion No. 456/18 is dismissed.
2. Costs in cause.
On oral request of ld. Adv. for plaintiff earlier order is continued for four weeks from today.
Adjd to 30.07.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. Ms. Chourasiya for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of ld adv for def., adjournment granted.
Adjd to 19.09.2019 for written statement.
L.o. at 2.45 p.m. Adv. Yogita Lanjekar for MCGM/Defendant present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Ms. Chaurasia for plaintiff present.
Adv. Lanjekar with Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for deft., adjournment granted as last chance.
Adjd to 22-11-2019 for written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Mr. Mohit Jadhav for plff presnet.
Adv. Mrs. Hajare for MCGM/Deft. present.
K.B.
LO
Adv. Mrs. Patil for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted to file W.S. as last chance.
Adjd to 04.02.2020 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv.Kajal Choursiya for plaintiff present.
Adv. Mrs.Lanjekar a/w adv. Ms. Patil for MCGM/Defendant present.
KB
L.O. at 1.30pm
Adv. for defendant file W/S.t.o.r. and marked at Exh-3.
Copy be serve to other side.
Matter adjd to 24.03.2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020
Date: 17-04-2020
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: DRAFT ISSUES
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: As per direction of Hon\''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 02-12-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None for plaintiff.
Adv. Khandagale h/f Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 23/02/2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: As Court is on leave, board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to Covid-19, matter is adjourned till next date.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Kajal Chaurasiya h/f Adv Megha Shigavan for plaintiff present.
Adv Rawade for defendant / MCGM present.
On oral request of advocate for plaintiff to file draft issues, time is granted for tendering draft issue till next date.
Adjd. To 07/09/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv Kajal Chaurasiya for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 05/10/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Mohit Jadhav for plaintiff present.
Adv Smita Chavan h/f Adv Rawade for defendant / MCGM present.
Adjd. To 12/10/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv Mohit Jadhav for plaintiff present and filed Draft issues. TOR.
Plaintiff is also present.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 16/12/2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv Kajal Chaurasiya h/f Adv Sherekar for plaintiff present.
Plaintiff is also present.
Adv Mrs Rawade for defendant / MCGM present.
Issues are framed.
Adjd. To 18/01/2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: In view of office order no.7/2022 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.
Matter is adjd to 01/02/2022 for filing evidence of Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: In view of office order no.7/2022 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.
Matter is adjd to 03/03/2022 for filing evidence of Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv Gayatrikumar h/f Adv Sherekar for plaintiff present.
None for defendant / MCGM.
K.B.
L.O. at 11.20 a.m.
Adv Megha Shigwan for plaintiff present and filed affidavit of evidence of PW-1. TOR and marked as Exh.5. Copy be supplied to other side.
PW-1 is also present.
Adv Mrs Rawade for defendant / MCGM present.
K.B.
L.O. at 12.30 p.m.
Adv Megha Shigwan for plaintiff present.
PW-1 is also present.
Adv Mrs Rawade for defendant / MCGM present.
Compilation of documents filed by advocate for plaintiff is TOR and marked as Exh.6. Copies of Exh.5 and Exh.6 are supplied to the advocate for defendant / MCGM.
ORDER ON EXH.6- Other side to admit / deny.
Adjd. to 24/03/2022 for admission / denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Miss Kajal Chaurasiya h/f Adv Sherekar for plaintiff present.
PW-1 is absent.
Adv Mrs Rawade for defendant / MCGM is present and has given say on Exh.6 (plaintiffs compilation of documents)
Adjd. To 28/04/2022 for hearing on Exh.6.
Next Purpose: HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv Mohit Jadhav for plaintiff present.
PW-1 is absent.
None for defendant / MCGM (N-ward)
Adjd. To 18/06/2022 for hearing on Exh.6 (plaintiffs compilation of documents)
Next Purpose: HEARING
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mohit Jadhav for plaintiff present.
P.W.-1 is present.
None for defendant/ MCGM, N-ward.
Heard Adv. for plaintiff on Exh. 6 (Plaintiff\''s compilation documents).
Adjd. to 11/08/2022 for order on Exh. 6 (Plaintiff\''s compilation documents)/ cross-exam. of P.W.-1.
Next Purpose: ORDER
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Chaurasiya h/f Adv. Sherekar for plaintiff present and tendered application for adjournment, TOR and marked as Exh.7.
P.W.-1 is absent.
Adv. Mrs. Rawade for defendant/ BMC is present.
Following order is passed on Exh. 6-
O R D E R
1. The plaintiff filed compilation of documents along with list Exh.6. Heard Adv. for plaintiff on previous date. Perused documents.
2. Document at serial No. 1 and 2 are the office copy of letters given by the plaintiff to Assistant Engineer N-ward for permission to repair. It bears seal of the corporation. Hence, this letters be marked serially. Defendant/ corporation admitted document at serial No. 3. Hence, it be marked serially. Document at serial No. 4 letter given by the corporation to the plaintiff and said letter has been given by Assistant Engineer of the corporation. Hence, it be marked serially. Document at serial No. 5 is the shop and establishment license. Hence, it be marked serially. Document at serial No. 6 is water bill collection issued by corporation. Hence, it be marked serially. Defendant/ corporation admitted at serial No. 7. Hence, it be marked serially. Document at serial No. 8 is reply given by plaintiff through Adv. Pawar. Hence, it be marked serially. Defendant/ corporation admitted at serial No. 9. Hence, it be marked serially.
Exh.8 (Colly.) - Applications made to the defendants dated 29/09/1983 and 13/10/1983.
Exh.9 - Repair permission dated 19/12/1983.
Exh.10 - Letter dated 01/08/2006.
Exh.11 (Colly.) - Licenses u/s 394 and 313 (1) (b) (c) of the MMC Act.
Exh.12 (Colly.) - The shop and establishment certificates.
Exh.13 - The water connection bill.
Exh.14 - Notice issued under Section 351 of the MMC Act dated 07th October 2017.
Exh.15 (Colly.) - Replies dated 23/10/2017 and 9th January 2018.
Exh.16 - Impugned order dated 30th January 2018.
Order on Exh.7 - This suit is time bound by Hon\''ble High Court and it is to be disposed of within 8 week. The plaintiff has not attached medical certificate. Hence as last chance short date.
Adjd. to 18/08/2022 for cross-exam. of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mohit Jadhav for plaintiff present and tendered application for adjournment on ground that plaintiff\''s wife expired on 08/08/2022, TOR and marked as Exh.17. O - Considering the reason, adjourned till next date.
Adv. Mrs. Rawade for defendant/ BMC is present.
Mr. Rahul Kamble, Jr. Engineer, B and F Dept, N-ward, BMC present.
Adjd. to 23/08/2022 for cross-exam. of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Mohit Jadhav for plaintiff present.
P.W.-1 is present.
Adv. Mrs. Rawade for defendant/ BMC is present.
P.W.-1 Mr. Aklaque Ahmed Mohd. Hasan Khan is on S.A.
Cross-examination of P.W.-1 by Adv. Mrs. Rawade for defendant/BMC is recorded and completed.
Adv. for plaintiff tendered evidence closed pursis, TOR and marked as Exh.18.
Adv. for def./BMC filed affidavit of evidence of D.W.-1, TOR and marked as Exh.19. Copy is supplied to other side.
Adjd. to 25/08/2022 (afternoon session) for filing compilation of documents by BMC (R/E P/H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Gayatrikumar h/f Adv. Sherekar for plaintiff present.
Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant/ BMC is present and tendered compilation of documents, TOR and marked as Exh.20. Copy is supplied to other side. O - The plaintiff to admit or deny documents.
K.B. till 02.45 p.m.
L.O.
Adv. Mohit Jadhav for plaintiff present and has given say on Exh.20 overleaf.
Adv. Mrs. Rawade for defendant/ BMC is present.
Heard both sides on Exh.20.
Order below Exh.20 - Documents be marked serially.
Exh. 21 - Copy of complaint and order of DMC (Z-VI) dated 19/06/2017.
Exh. 22 - Copy of inspection report and photographs dated 29/09/2017.
Exh. 23 - Copy of show cause notice dated 07/10/2017.
Exh. 24 - Copy of order dated 30/01/2018.
D.W.-1 Mr. Rahul Nawnath Kamble is present and on S.A.
Cross-examination of D.W.-1 by Adv. for plaintiff is recorded and completed.
Adv. for defendant/BMC tendered evidence closed pursis, TOR and marked as Exh. 25.
Heard final arguementns Adv. for plaintiff and Adv. for deft/ BMC.
Adjd. to 30/08/2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Court is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Ms. Chourasia h/f. Mohit Jadhav for plaintiff present.
Adv Mrs Rawade for defendant/BMC present
K.B. for Judgment.
L.O.
Judgment dictated and pronounced in open Court
Exh.26-Judgment
F.R.S.R. following order is passed -
O R D E R
1. Suit is dismissed with costs.
2. Decree be drawn up accordingly.
L.O.
Adv. for plaintiff tendered application for extension of interim injunction till filing appeal against the judgment and decree passed by this Court. Said application is TOR and marked as Exh.A.
O - Other side to say.
Say given by Adv. for deft./BMC.
Heard both sides on Exh. A.
Following order is passed below Exh. A -
O R D E R
1. The plaintiff filed this application for extension of interim injunction till filing appeal against the judgment and decree passed by this Court.
2. It is contended that this Court by judgment and order dated 6/9/2022 dismissed the suit. The plaintiff intends to challenge the judgment and order before the Honourable High Court. Hon\''ble High Court has granted interim injunction during the pendency of the suit, therefore, the same may be extended till filing appeal.
3. Learned advocate for the Corporation strongly opposed the application contending that suit has been dismissed on merits. Hence application may be rejected.
4. Heard advocates of both sides.
5. Suit has been dismissed by judgment and order dated 6/9/2022. The plaintiff intends to challenge the judgment and order before the Hon\''ble High Court. Advocate for plaintiff submitted that sometime would be required to file appeal after obtaining necessary documents and in the meantime, there is possibility of removal of suit structure by the defendant/Corporation. Appeal is right of a party who is dissatisfied by judgment and order. Therefore, considering the facts of the case and submissions of advocate for the plaintiff I proceed to pass following order-
O R D E R
The relief of interim injunction is extended for a period of further 4 four weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 06-09-2022
