Vijay Dattaram ChavanVsThe commissioner +2 more

Date: 02-04-2019
Business: Adv. Mr. Mahamuni for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
Plff has tendered original writ of summons.
Plff is directed to serve copy of plaint and documents to the Deft on or before next date.
Adjd to 25/6/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Adv. Mahamuni for plaintiff present.
Plaintiff present.
Adv. Mrs. Hajare for Deft.1 and 2 /MCGM present.
None for def. no. 3.
Copy of plaint served to defs. no. 1 and 2.
Adjd to 01.08.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv. Mahamuni for plaintiff present.
Adv. Ms. Hajare for MCGM/Defendant 1 and 2 present and filed pursis accepting reply as written statement.
None for def. no. 3.
Def. no. 3 has failed to file w.s. till today, hence suit to proceed without w.s. of def. no. 3.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Exh. 5 - Pursis.
Exh. 6 -Written statement of def. no. 1 and 2.
Adjd to 10.10.2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. Mahamuni for plaintiff present.
Adv. Mrs. D.D. Patil h/f for Adv. Mrs. Hajare Deft no. 1 and 2/MCGM present.
None for defendant no.3
Court is busy in recording evidence in old matters. Hence, adjourned.
Adjd to 14-01-2020 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv.Santosh Mahamuni for plaintiff present.
Plaintiff present.
Adv. Ms. Hajare for MCGM/Defendant present.
Adjd to 25.02.2020  for  framing issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv.Mahamuni for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft.No.1 and 2 present.
None for defendant No.3.
 Matter adjd to 16.06.2020   for  framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adjd to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Mr. Mahamuni for plaintiff present.
Adv. Mrs. Hajare for deft no. 1 and 2/MCGM present.
None for deft no.3.
Matter adjd to 23/03/2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv. Mahamuni for plaintiff present.
Adv. Ms. Smita Chavan h/f Adv. Hazare for deft/MCGM present.
Matter adjd to 22/06/2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: As court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Smita Chavan for defendant / MCGM present.
Adjd. To 28/10/2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: As court is on leave Hence board is discharged adjd to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Mahamuni for plaintiff present.
Adv Mrs Rawade h/f Adv Chavan for defendant nos.1 and 2/ MCGM present.
None for defendant no.3
Issues are framed.
Adjd. To 25/01/2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2022

Date: 25-01-2022
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.
Adjd. to 17/03/2022 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None for Plaintiff.
Adv. Chavan for Defendant/MCGM present.
Adjd. To 14/06/2022 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Mahamuni for plaintiff present.
Adv. Mrs. Chavan for defendant Nos. 1 and 2/ BMC is present.
None for deft. No. 3.
Adv. for plaintiff is submitted that plaintiff is not keeping well hence, requested time. Time is granted till next date.
Adjd. to 20/09/2022 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Kavita Kondalkar h/f Adv. Mahamuni for plaintiff present and submitted that matter is kept back as plaintiff is filing affidavit of evidence.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant Nos.1 and 2/ BMC is present.
None for deft. No.3.
K.B.
L.O.
Adv. for plaintiff present tendered affidavit of evidence of P.W.-1 and compilation of documents, TOR and marked as Exh.8 and Exh.9 respectively. Order on Exh.9 - Other side to admit or deny. Copies are served to deft. Nos.1 and 2/BMC and be served to deft. No.3.
Rest of the same appearance.
Adjd. to 10/11/2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC (T-ward) is present and  given say on Exh.9.
Adjd. to 08/12/2022 for hrg. on Exh.9 and cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Bhamne h/f Adv. Mahamuni for plaintiff present.
P.W.-1 is absent.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
None for deft. No.3 and not filed reply on document filed by the plaintiff.
Following order is passed on Exh.9-
O R D E R
   Corporation admitted document. The document filed by the plaintiff is speaking order passed by the corporation. Hence, copy of the speaking order is marked as Exh.10.
Adjd. to 02/02/2023 for cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Prachi Mane for plaintiff present and submitted that witness is serving in police dept. and held up in bandobast. Hence, adjourned on request of Adv. for plaintiff.
P.W.-1 is absent.
Adv. Mrs. Chavan for defendant Nos.1 and 2/ BMC is present.
None for defendant No.3.
Adjd. to 09/03/2023 for cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. Prachi Mane for plaintiff present and requested time to secure presence of P.W.-1. Time is granted till next date.
P.W.1 is absent.
Adv. Mrs. Mhatre for defendant Nos.1 and 2/ BMC is present.
None for defendant No.3.
Adjd. to 18/04/2023 for cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Santosh Mahamuni for plaintiff, submitted that Witness PW-1 is not feeling well and requested time. Hence, adjd. on request.
PW-1 absent.
Adv. Ms. Mhatre for Defendant/BMC present.
Adjd. to 25/07/2023 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Advocate Prachi Mane h/f Mahamuni for plaintiff present.
PW-1 present
None present for def No.  3
Advocate Mhatre for defendant No. 1 and 2/BMC present.
keep back
L.O.
PW-1 is on S.A.
Cross-examination of PW-1 by Adv. for deft/BMC is recorded and completed.
Exh.11  Photocopy of show cause notice ( Exh. C to plaint)
Exh. 12 Photocopy of the notice reply (Exh. D to plaint).
Adjd to 10.10.2023 for further evidence of plaintiff/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Advocate Prachi Mane h/f Mahamuni for plaintiff present and seeks time to file further evidence. Time is granted as a last chance.
Advocate Mhatre for defendant/BMC present.
Adjd  to 19.10.2023    for further evidence of plaintiff/R.E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Advocate Prachi Mane  h/f Mahamuni for plaintiff present and submitted that witness of the plaintiff is not keeping well today. Hence in the interest of justice one more last chance is  granted
Advocate Mhatre for defendant/BMC present.
Adjd  to 28.11.2023    for further evidence of PW-1/R.E.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Advocate Mahamuni  for plaintiff present and tendered affidavit of evidence of PW-2 marked as Exh.13 alongwith list of documents marked as Exh. 14 Order on Exh. 14- Other side to say and deny.
Witness present.
None present for deft No. D-3. Copies of deft NO. 3 kept in R & P and copies are supplied to deft/BMC
Advocate Mhatre for defendant No. 1 and 2/BMC present and has given say on Exh. 14
Adjd  to   02.01.2024  for Admission denial by deft No. 3
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: Court is on Leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: Advocate Prachi Mane h/f Adv. Mahamuni for plaintiff present.
Advocate Mhatre for defendant -1 and 2/BMC present.
None for D-3 and not filed reply on compilation, hence matter adjourned for hearing on admission/denial- RE(PH)
Adjd  to 14.03.2024 for hearing on compilation of documents (Exh.14)/RE(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Plaintiff and PW-2 present.
Advocate Mahamuni for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant No. 1 and 2/BMC present.
None present for deft No. 3.
Order on Exh. 14
The plaintiff filed Agreement to Sale alongwith evidence affidavit of Vishaka Chavan - PW-2. She is the signatory to the documents. Hence Agreement to Sale be exhibited serially.
Exh.  15  Agreement for Sale dated 10.11.2015
keep back
Later on 1.55 p.m
Adv. Prachi Mane h/f Mahamuni for plaintiff present.
Cross-examination of PW-2 by Adv for deft/BMC is recorded and concluded.
Adv for plaintiff requested time to file further evidence. Hence time granted.
Adjd  to 23.04.2024  for  further evidence of plaintiff /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Advocate  Vijay Salunkhe h/f Mahamuni for plaintiff present and seeks time to lead further evidence. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd  to 25.06.2024 for further evidence of plaintiff/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Plaintiff absent.
PW-3 present
Advocate Mahamuni for plaintiff present and tendered affidavit of evidence of PW-3 marked as Exh. 16 with Compilation of documents marked as Exh. 17.
Exh. 18 Electricity Bill.  Copy is supplied to Adv for deft No. 1 and 2/BMC.   Copy of Deft No. 3 kept in R & P.
Advocate Metakari for defendant No. 1 and 2/BMC present and requested for adjournment.
None present for D-3
Adjd  to 16.07.2024 for Cross-examination of PW-3/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: None present for plaintiff
Advocate Waghmare  for defendant No. 1 and 2/BMC present.
None present for D-3
Adjd  to  20.08.2024 for cross examination of PW-3/R.E.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: None present for plaintiff.
Witness of the plaintiff is also not present.
Advocate  Metakari  for defendant No. 1 and 2/BMC present.
None present for deft No. 3
Today matter is listed for cross-examination of PW-3 but witness is not present and evidence affidavit of the PW-3 is forfeited and matter adjourned for further evidence of plaintiff.
Adjd to 19.09.2024 for further evidence of plaintiff/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Advocate Mahamuni for plaintiff present and requested time to secure the presence of PW-3. Hence matter adjourned
Advocate Metakari  for defendant/BMC present.
Adjd to 03.10.2024 for further evidence of plaintiff/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate  Mahamuni for plaintiff present.
PW-3 present.
Advocate Nagarthawar for defendant/BMC present.
keep back
Later on 4.50 p.m.
Adv. Aijaz Malik  h/f Mahamuni for plaintiff present.
Cross-examination of PW-3 by Adv for deft/BMC for recorded and concluded
Adv for plaintiff requested for adjournment for further evidence.
Adjd  to 10.10.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthawar for defendant/BMC present.
Today matter is listed for further evidence of plaintiff but none present for plaintiff. Hence matter adjourned and kept for further evidence or closing evidence of plaintiff.
Adjd  to 07.11.2024   for R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Mahamuni  for defendant No.1 and 2/BMC present.
today matter is listed for further evidence of plaintiff or closing evidence but none present of plaintiff. Therefore evidence of plaintiff is closed.
Adjd  to 03.12.2024     for evidence of deft/BMC/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Salunkhe h/f Mahamuni for plaintiff present and tendered application Exh. 19 Alongwith Affidavit of evidence of PW-4.
Advocate NAgarthawar  for defendant No. 1 and 2/BMC present and has given say on Exh. 19 overleaf.
None present for deft No. 3
Adjd  to   14.01.2025   for Hearing on Exh. 19/R.E.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Santosh Mahamuni  for the plaintiff  is present and sought time to proceed with the matter. Time is granted. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Nagarthawar for defendant No. 1 to 3/MCGM is present. Rest of the defendant are absent.
Adjourned for hearing on Exhibit 19/R.E.P.H. to 25.03.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-03-2025

Date: 25-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Vijay Salunkhe h/f Adv. Mr. Santosh Mahamuni for the plaintiff is present. He sought time for hearing on Exhibit 19. Adv. Ms. Pooja Nagarthawar for defendant Nos. 1 to 3/MCGM is present. Rest of the defendant are absent. PW-4 Mr. Sanjyot Namdev Shape is present.
Adjourned for hearing on Exhibit 19/R.E.P.H.to  15.07.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Vijay Salunkhe h/f Adv. Mahamuni for the plaintiff is present. He submitted that plaintiff is at native place, hence he is absent.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
It seems that Exhibit 19 is pending for hearing.
Adjourned for Haring on Exhibit 19/R.E.P.H. to 06.11.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Santosh Mahamuni  for the plaintiff is present and requested for adjournment as PW-4 is under eye treatment. Granted.
Adv. Ms. Rupali Patil  for defendant/MCGM is present.
Adjourned for RE.P.H..to11.12.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-12-2025

Date: 11-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr.Mahamuni for the plaintiff is present and requested adjournment as witness PW-4 is not keeping well.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE PH to 08.01.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Santosh Mahamuni for the plaintiff is present and requested for adjournment. O- Granted.
Adv. Ms. Rupali Patil  for MCGM is present.
Adjourned for RE.P.H. to  24.02.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Santosh Mahamuni for the plaintiff is present.
Plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv of plaintiff filed draft Notice of Motion, along-with affidavit in support.  O- Leave is granted to register before next date. Copy is supplied to the other side.
Adjourned for tendering registered NM/NM Reply to 07.04.2026
Next Purpose: REPLY
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Adv. Mr. Santosh Mahamuni for the plaintiff is present and he is tendered registered NM 1803/2026. Adv. Ms. Rupali Patil for defendant/MCGM is present and she filed handwritten say on NM.
Adjourned for NM hearing to 02-07-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Mahamuni for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Heard argument of both the sides on NM No .1803/2026.
Adjourned for NM Order to 04.08.2026
Next Purpose: NM  ORDERS
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Santosh Mahamuni for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
As Court is busy in High Court Time Bound matter, NM Order and other urgent hearing. Hence matter adjourned.
Adjourned for NM Order to 01.09.2026
Next Purpose: NM  ORDERS
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Santosh Mahamuni for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
F.R.S.R. the following Order is passed in Notice of Motion No. 1803 of 2026.
ORDER
1.	Notice of Motion No.1803 of 2026 is hereby allowed.
2.	The impugned order dated 07/11/2024 is hereby set aside 	for the interest of justice.
3.	Plaintiff is permitted to lead the evidence.
4.	Accordingly, Notice of Motion stands disposed of.
Adjourned for recording of evidence to 13.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2026

NOTICE OF MOTION/101803/2026

Registration Number: 100624/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101912/2018
Filing Date: 02-02-2018
First Hearing Date: 02nd April 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE