Surajmal Chittarji KudiaVsAssistant Municipal Commissioner

Date: 06-02-2018
Business: (Matter pertains to C.R. no.8)
By Precipe.
Adv. Mr. M. S. Singh for Plaintiff present.
Adv. Tadavi for BMC/Deft. present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restraining the defendant temporarily  from acting  through notice dated 12/01/2018 in respect of suit premises. Adv. for Defendant. Submitted that on 15/01/2018 suit structure has already been demolished and accordingly filed on record list of the documents.
List of the documents.
Adv. for defendant has given undertaking that she will file vaklatnama on next date.
Considering the submissions made by the advocate for defendant.
Matter adjd to 13/02/2018 for reply to N/M / Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-02-2018

Date: 13-02-2018
Business: None for the plaintiff.
 Adv.  Mrs. Tadavi for deft./BMC
k.b. at 2.45p.m.
L.O. Adv. M.S.Singh for plaintiff present.
Adv. Mrs. Tadavi for deft./BMC
Plaintiff is directed to take steps for registration of the n/m . Leave granted to register the n/m . Ret.on
Adjd.to 1/3/2018 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2018

Date: 01-03-2018
Business: As Court is on leave today, Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: Plff.and Adv.absent.
Adv.Mrs.Tadavi for BMC/Deft.present.
Order below N/m No.863/18.
None for Plff.  The plff has failed to tender on record original registered N/m No.863/18.  On 06.02.2018 the Ld.adv.for MCGM had submitted that the notice structure is already demolished on 15.01.2018.  The roznama reflects that since then nobody is appearing for plff.  Even today none appeared for the plff when the matter is called.  Hence N/m No.863/18 stands dismissed in default.
Adjd.for taking steps for filing written statement on 06.09.2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: As Court is on leave today, hence Board is discharged.
Matter adjd to 01.11.2018
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-11-2018

Date: 01-11-2018
Business: None for plff
None for deft/BMC.
Written statement not filed till today. Hence, suit to proceed without written statement of the deft.
Adjd to 11/01/2019 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: None present for plff.
Adv Mrs.Vyavhare for BMC/deft present.
Adjd to 12/03/2019 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: None for Plff.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adjd to 30/4/2019 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Adv. Mr. Pawan Tiwari for plaintiff is present.
Adv.  Ms. Vyavahare h/f Adv. Mr. Bhoir  for Defendant no.1 and 2/MCGM present.
Matter is adj. to 23/07/2019 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. M.S. Singh for plaintiff and tendered registered original NM No. 863/18 (Disposed off) along with affidavit in support.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for plaintiff, adjournment is granted.
Adjd to 06/11/2019 for R/E (Without W.S.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. M. S. Singh for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Plaintiff, adjournment granted.
LO
Ld. adv. for plaintiff orally submits that the plaintiff has expired and he will take steps to bring LRs of deceased plaintiff on next date.
Adjd to 31-01-2020  for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv.Singh for plaintiff present.
It is oraly submitted for advocate Singh plaintiff is expired. He will bring legal heirs on record.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 02.03.2020   for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Tiwari h/f adv.M.S.Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
KB L.O.
Adv.M.S.Singh for plaintiff present and tendered V/P,t.o.r. and marked at Exh-3 he also tendered draft ch/s along with affidavit in support.Leave to register is granted for Chamber Summons. Copy be served to other side.
Applicant No.1 is also present.
Matter adjd to 19.06.2020 for reply to ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Plaintiff is directed to tender original registered Ch/s till next date.
Matter adjd to 09/02/2021 for Service and Reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. M. S. Singh for plaintiff present.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to reply to Ch/s No.732/2020.
Plaintiff is directed to tender original registered Ch/s No. 732/2020 alongwith affidavit in support on next date.
Matter adjd to 05/04/2021 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 07/05/2021 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-05-2021

Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Due to covid-19.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Plaintiff is directed to tender original registered Ch/s till next date.
Adjd. To 29/10/2021 for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv M S Singh for plaintiff present and tendered original registered Ch/s. No.732/2020 along with affidavit in support thereof. TOR.
Adv Mhatre h/f Tondwalkar for Defendant/MCGM present.
Matter is adjd to 16-02-2022 for CS reply
Next Purpose: C/S REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: HHJ is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to CS. Time is granted till next date.
Adjd. To 06/06/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. M. S. Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and has given say Ch/S No. 732/2020 on overleaf.
Heard both sides on Ch/S No. 732/2020.
Adjd. to 10/06/2022 for order for Ch/S. No. 732/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Following order is passed on C/S No. 732/2020
ORDER
1.     Applicant taken out C/S for setting aside abatement of the Suit,  for condonation of delay caused in taking on record L/Rs of deceased plaintiff who died on 20/08/2018. It is contended that after death of original plaintiff, the applicant and other legal hairs went to native place for funeral program and applicant was having financial difficulties. Therefore, she could not contact advocate and not knowing who is advocate on record. Then applicant received mobile number of advocate. Hence, there is a delay in taking on record L/Rs of the plaintiff. Advocate for defendant/MCGM opposed C/S contending that there is a huge delay.
2.     Heard advocate for the parties. Perused affidavit in support of C/S and document i.e xerox copy of the death certificate of the original plaintiff.
3.     This is a Suit for declaration that notice dated 12/01/2018 be declared as illegal and bad in law. The right to sue survives upon the legal hairs of the deceased plaintiff. It is the contention of applicant that for the funeral program they had been to their native place and due to financial difficulties they are unable to contact advocate. The reason assigned by applicant appears to be just and proper. There is no deliberate delay on the part of the applicant. Therefore, considering the facts and in the interest of justice it will be justifiable condone delay caused in taking out C/S and to set aside abatement of the Suit. Hence, I passed following order-
O R D E R
1.       C/S is allowed in following terms:
(a)     Delay caused in taking on record L/Rs of the plaintiff set aside.
(b)     Abatement of the Suit is set aside.
(c)     Plaintiff to carry out necessary amendment in title cause and provide amended plaint.
(d)     C/S No. 732/2020 stands disposed of accordingly.
Adjd. to 18/7/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adjd. to 22/08/2022 for compliance (for amendment).
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adjd. to 16/09/2022 for compliance (for amendment).
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Mrs. Tondwalkar for defendant/BMC present
Adv. Mr. Singh for plaintiff present and requested time to comply the order passed in Chamber Summons which was allowed on 10/6/2022 but the plaintiff has not complied the order. However, as a last chance time is granted.
Adjd. to 30/9/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O. at 01.30 p.m.
Same appearance.
Plaintiff has not yet complied the order dated 10/06/2022 hence, put up for necessary order.
Adjd. to 17/10/2022 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for necessary order.
L.O.
Same appearance.
Adjd. to 05/11/2022 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None for plaintiff.
None for defendant/ BMC.
Adjd. to 25/01/2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Put up for necessary order.
Adjd. to 30/01/2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Rest of the same appearance.
Due to paucity of time matter, is adjourned till next date.
Adjd. to 27/02/2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Following order is passed on Exh.-1.-
O R D E R
     The original Plaintiff Surajmal Kudia died on 20/08/2018. Therefore, Ch/S bearing No.732/2020 was filed for taking on record his LRs and same has been allowed on 10/06/2022. Since then mater is pending for carrying out amendment i.e. compliance of the order. Roznama shows that none remains present for the plaintiff. The LRs has not complied the order. Hence, suit was kept for necessary order. The amendment to bring on records the LRs  of the deceased plaintiff has not been carried out. Hence, suit is abated automatically. Hence, I pass following order-
O R D E R
L.C. Suit No.335/2018 stands abated.
Nature Of Disposal: ABATED
Disposal Date: 27-02-2023

NOTICE OF MOTION/100863/2018
CHAMBER SUMMONS/100732/2020

Registration Number: 100335/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 101960/2018
Filing Date: 03-02-2018
First Hearing Date: 02nd April 2018
Decision Date: 27th February 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE