Naresh Hariram Choithani - Suit St. No.1112 of 2019VsMCGM

Date: 18-02-2019
Business: Adv Dalal for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv for deft filed for taking List of documents on record. It is TOR.
Ld adv for plff. takes strong objection to take the documents on record on the ground that the copies are not legible - Order - Production allowed.
The deft is directed to furnish legible copies to the plff.
Liberty is granted to file say on the documents.
Adv for plff tendered original NM No.696/19 along with affidavit. It is TOR.
Adv for plff also tendered original ch/sum no.350/19 along with affidavit. It is TOR.
Adjd to 20/02/2019 for ch/sum no.350/19 order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: Adv Dalal for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
K.B..
Later on..
Adv Dalal for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
FRSR. The following order is passed.
Order on Ch/sum No.350 of 2019 -
1. Chamber summons No.350 of 2019 is allowed and made absolute in terms of prayer clause (a).

 2. The plaintiff is directed to carry out amendment accordingly on or before next date.
Adjd to 26/02/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv Dalal for plff present.
Adv Mhatre for MCGM/deft. Present.
Plff is directed to register the suit and office shall allow him to comply objections if any.
Adjd to 5/03/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Plff and Adv. absent.
Adv. Mrs. Mhatre for MCGM/Deft. Present.
On oral request of Advocate for Defendant, adjournment granted.
Plff is directed to register the suit on or before next date.
Adjd to 12/4/2019 for reply on N/M.
LO at 3.00 p.m.
Adv. Mr. Dalal for Plff present.
Adjd to 7/3/2019 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Adv. Mr. Dalal for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present and filed reply to N/M.  t.o.r.
Copy is received by other side.
Adjd to 12/3/2019 for N/M hearing/rejoinder.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Adv. Mr. Dalal for Plff present and tendered rejoinder in N/M No.696/19.  t.o.r.
Adv. Mrs. Mhatre for MCGM/deft. present.
Copy of rejoinder is served to otherside.
Adjd to 16/3/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: (By preceipe).
Adv. Mr. D.A. Thoart for the Plff present.
Adv. Mrs. Mhatre for MCGM/Deft present.
Order on ad-interim relief on N/M No.696/19
Perused contents of N/M, plaint, documents annexed thereto, documents filed by Deft and heard arguments advanced by both sides.  It is prayed in this motion that the Deft/MCGM be directed to reconstruct a room admeasuring 160 sq.ft. Carpet area of the suit premises (demolished on 4/2/19) or permitting Plff to reconstruct the same with prayer of injunction restraining the Deft/MCGM from further demolishing suit premises viz Block No.32, Room No.1.
It is pertinent to note that on the day of filing of the suit i.e. 30/1/2019 ad-interim relief was sought by the Plff and the same was refused.  It was observed that two structures 32/1(A) and 32/1 were separately assessed showing that they were two different structures. The Plff got amended the suit by filing Ch/s claiming that there was no block No.32, Room No.1 (A) in existence. In other-wards the Plff is coming with a case that the Deft/MCGM is demolishing Room No.32/1 illegally even when there are voluminous documents showing existence of suit premises since prior to 1955.
Ld. Adv. for the Plff has tried to suggest that the Deft/MCGM through its advocate made statement on 6/2/2019 that notice structure was demolished on 4/2/2019 and subsequently issued notice u/s.488 of MMC Act for demolishen of the same structure.  Ld. Adv. for Deft has clarified that one room was demolished on 4/2/2019 and two rooms were found locked therefore they were not demolished and notice u/s488 of MMC Act was precisely issued to demolish those two rooms.
Ld. Adv. for Plff has taken me through documents annexed with the plaint.  As stated herein earlier once ad-interim relief was refused on 30/1/2019, the Plff had remedy to prefer appeal against order.  No new documents have been filed by the Plff to show that room No.32/1(A) is not in existence. As such any observation contrary to the order dt.30/1/2019 will be review of the order which is permissible only under exceptional circumstances.  Therefore no new ground is shown by the Plff to grant ad-interim relief in terms of prayer clauses (a) and (b).  Therefore ad-interim relief is rejected.
Ld. Adv. for Plff requests to continue order dt.13/3/2019 for a period of four weeks so that he can prefer appeal against the order. Ld. Adv. for Deft strongly objects this prayer. As discussed herein earlier, the Plff has failed to make out prima-facie case and therefore ad-interim relief is rejected.  As such he is not entitled for extension of order dt.13/3/2019.  Therefore the prayer is rejected.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present.
Adv. Mhatre for deft./MCGM present.
On oral request of Ld. Advocate for plaintiff, adjournment
granted.
Matter is adjd. to 23/07/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 05-10-2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: As Court is on half day afternoon session leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: None for plaintiff.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 25.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: None for plaintiff.
Adv. Mrs. Hajare for MCGM/Deft. present.
 Matter adjd to 28.04.2020 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
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
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None for plaintiff.
Adv. Khandagale h/f Adv. Ms. Hazare for deft/MCGM present.
Matter adjd to 26/02/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None for plaintiff.
Adv. Ms. Hajare for deft/MCGM present.
Matter adjd to 27/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 27/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar h/f. Adv. Mrs. Chavan for Defendant/MCGM is present.
Matter is adjd to 04/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: None for plaintiff.
Adv. Chavan for Defendant/MCGM present.
Matter is adjd to 29/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Sushil Sharma for plaintiff present and requests for time to argue on NM. Time is granted till next date
Adv Mrs Smita Chavan for defendant / MCGM present.
Adjd. To 16/06/2022 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Dalal for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Mhatre for defendant/ BMC is present.
Adjd. to 13/06/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Court is on leave
matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Advocate  Sushil Sharma or plaintiff present and seeks time to argue NM. Hence, matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd to 05.10.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Advocate Dalal undertake to file VP on next date on behalf of plaintiff. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd  to  07.11.2023   for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Advocate Sushil Sharma  for plaintiff present and tendered Vakalatnama marked as  Exh. 4
Advocate Mhatre for defendant/BMC present and submitted that plaintiff is delaying the matter and there is injunction order in favour of plaintiff. However considering the change in Adv. time is granted.
Adjd  to  05.12.2023   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Advocate Sushil Sharma h/f Dube for plaintiff present and tendered draft Notice of Motion @ affidavit in support.
O- Leave granted to register NM. Copy is supplied to other side and seeks time to argue NM No. 696/2019
Advocate Mhatre for defendant/BMC present and opposed adjournment stating that there is injunction order. The suit is of year 2019. However change in Advocate, time is granted as one more last chance.
Adjd  to 19.12.2023  for Reply to Draft NM and Hearing on NM No. 696/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Advocate R.D. Thorat for plaintiff present and submitted that Sr. Adv. Thorat is going to argue the NM but he is not available today. Adv for deft/BMC opposed adjournment. Hence matter adjourned as a last chance .
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM No. 4811/2023.
Plaintiff is directed to tender NM No. 4811/2023 on next date.
Adjd  to 25.01.2024    for  reply to Draft NM and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2024

Date: 25-01-2024
Business: Advocate Jitendra Patel  h/f Shushil Sharma   for plaintiff present and tendered NM No. 4811/2023 and submitted that D.A. Thorat was present in the morning but he is not feeling well. Hence left the Court. Adv for deft/BMC opposed adjournment stating that status quo order from Hon’ble Bombay High Court. However considering the reason matter adjourned as a one more last chance.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM No. 4811/2023. Time is granted.
Adjd  to  22.02.2024   for NM Hearing and reply by BMC on NM No. 4811/23
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: None present for plaintiff.
Advocate Jyoti Patil-Mhatre for defendant/BMC present and submitted that plaintiff is not present and kept for dismissal of NM.
None present for plaintiff. Hence matter adjourned and kept for dismissal of NM No. 696/19 and reply to NM No. 4811/23.
Adjd  to  16.03.2024   for Dismissal of NM No. 696/19 and Hearing on NM No. 4811/23
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Advocate Pradhuman Chauhan h/f Sushil Sharma for plaintiff present and submitted that uncle of Sr. Adv Sharma  was expired and he is not unable to remain present for  giving instruction.
Advocate Jyoti Patil- Mhatre for defendant/BMC present and opposed adjournment stating that there is ad-interim protection and plaintiff is prolonging the hearing. The roznama shows that 05.12.2023,  19.12.2023, 25.01.2024 last chance was granted. However considering the reason matter is adjourned as a last chance.
Adjd  to 18.04.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Advocate Dalal h/f Sushil Sharma for plaintiff present.
Advocate Waghmare for defendant/BMC present and seeks time to file reply to NM 4811/2023. Hence time is granted as a one more last chance as a NM is of year 2019 as it is pending since last many days.
Adjd  to 18.07.2024  for hearing on NM No. 696/19 and reply to NM No. 4811/23
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Plaintiff present
Adv.  Sushil Sharma for plaintiff present and tendered application for withdrawal of suit marked as Exh. 5
Advocate Waghmare for defendant/BMC present and has given say on Exh. 5  overleaf.
Order below Exh. 1
     The plaintiff has filed an application below Exh. 5   for permission to withdraw the suit unconditionally. An application is signed by the plaintiff and he is identified by his Advocate Sushil Sharma.  Plaintiff and his adv submitted that notice structure has been demolished and plaintiff do not want to proceed with the suit. Hence suit be disposed as withdrawn unconditionally.  Deft/BMC submitted to pass necessary order.  Hence I pass following order.
ORDER
1 Suit is disposed of as withdrawn as per application below Exh. 5
2.  In the view of disposal of suit NM No. 696/2019 NM No. 4811/2023 are disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 18-07-2024

Registration Number: 100696/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101919/2019
Filing Date: 18-02-2019
First Hearing Date: 18th February 2019
Decision Date: 18th July 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE