Date: 22-02-2019
Business: By pracipe.
Adv. Mukesh Dubey for plaintiff is present and tendered draft NM with affidavit. Leave is granted to register.
Adv Mrs. Vyavhare for BMC/deft present.
Order on ad-interim relief.
By way of instant NM the plaintiff has prayed to grant temporary injunction restraining defendant MCGM from enforcing notice dated 23.05.2018 u/s 354 A of MMC Act, order dtd. 26.05.2018, notice dtd. 08.01.2019 u/s 488 of MMC Act and order dtd. 12.02.2019. It will not be out of place to mention here that notice u/s 488 is outcome of the order dtd. 26.05.2018 pursuant to notice u/s 354 A of MMC Act dtd. 23.05.2018.
Ld. Advocate for the defendant has submitted that in pursuance of order dtd. 26.05.2018, unauthorized structure was partly demolished on 30.05.2018 and the plaintiff undertook to demolish remaining unauthorised structure within sometime. It means the plaintiff had sufficient opportunity to challenge the proceeding u/s 354 A of MMC Act after 26.05.2018 till today. In other words, the plaintiff is coming before the Civil Court for urgent relief after a period of 9 months.
Ld. Advocate for plaintiff has invited my attention to patch holder card to point out that the suit premises is situated in slum area and therefore, defendant corporation is debarred from taking any action against such structure situated in slum area. At the cost of repetition, the plaintiff did not raise this issue at the earliest. Moreover, he has not filed on record notification u/s 3 of Slum Act declaring the area as slum. It is also pertinent to note that the notice dtd. 23.05.2018, is for alleged unauthorised construction of second floor to the existing G plus one structure. Therefore, the defendant is not challenging authorization of said G plus one structure. For all the aforesaid reasons, I do not find that the plaintiff is entitled for urgent reliefs in terms of prayer clauses of the NM.
Hence, ad-interim relief is rejected.
Adjd to 04.04.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. Mr. Mukesh Dubey for Plff present and tendered original registered N/M No.933/19 alongwith affidavit.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adjd to 9/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: P.O. is on Half day leave(afternoon session) hence, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. S. K. Dubey for plaintiff present
Adv. Mrs. D.D. Patil for Deft /MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 24-02-2020 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-05-2020
Date: 20-05-2020
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 REPLYREJOINDER
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.933/19. Time is granted till next date.
Matter adjd to 26/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on Ad-interim reliefs of CR NO.08 and CR NO.11, board is discharged and matter is adjourned.
Adjd. To 17/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 23/03/2022 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present requests for time to file reply to NM. Time is granted till next date.
Adjd. To 04/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. to 21/10/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Adjd. to 17/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None for plaintiff.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to NM. O-Granted.
Adjd. to 12-07-2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM, Time is granted.
Adjd to 25.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. Dubey for plaintiff present
Adv. Mr. Suryavanshi for defendant/B.M.C. present and requested time to file reply to N/M.
Adjd to 8/1/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 06.03.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: As Court is busy in hearing ad-interim matter and ch/s order, Board is discharged. Hence matter adjourned.
Adjd to 10.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: None present for plaintiff.
Advocate Vyavhare for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019. hence matter adjourned
Adjd to 19.08.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present and submitted that reply is ready and but officer is busy before Human Right Commission. Hence matter adjourned as a last chance.
Adjd to 13.09.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present and submitted that reply is ready but Officer is on Election duty and requested for adjournment. Hence matter adjourned
Adjd to 04.12.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present and tendered reply to NM cum WS TOR Exh. 5 alongwith documents below list Exh. 6. copy for plaintiff kept in R & P.
Adjd to 13.01.2025 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to argue the NM. Hence, it is posted for dismissal. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for NM dismissal to 18.01.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Hence, NM No. 933/19 is stands dismissed in default. Adv. Mr. Bharti h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for draft issues to 26.03.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for draft issues to 04.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2025
Date: 04-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Exhibit 7- issues framed.
Adjourned for List of witness/RE. to 22.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 1.05 pm
None present for the plaintiff.
Order Below Exhibit 1 :
It appears that the suit was fixed for tendering list of witness and evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. In the backdrop the plaintiff consistently remain absent. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
01. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
02. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
03. The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along- with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful.
04. The proceeding is closed accordingly.
Nature Of Disposal: OTHER
Disposal Date: 22-08-2025