Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. Mr. Kini for Plff present.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
Applicant present and his Adv. absent.
Adv. for Plff filed reply to draft Ch/s. t.o.r.
Applicant is directed to register the Ch/s on or before next date.
Adjd to 25/3/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Mr. J.S. Kini with Adv. Mr. Gharat for Plff present and tendered registered N/M No.720/19 alongwith affidavit and registered Ch/s No.369/19 alongwith affidavit. t.o.r.
Adv. Mrs. Bhoir for MCGM/Deft present.
Adv. Mr. Giriraj h/f Adv. Mr. Hardik Desai for applicant present and tendered draft Ch/s and draft N/M alongwith affidavits.
O. - Leave is granted to register the Ch/s and N/M.
Heard arguments of Ld. Adv. for Plff and Ld. Adv. for Applicant on draft Ch/s taken out by Ld. Adv. for applicant.
Ld. Adv. for applicant requests to continue order of status quo granted on 21/1/2019 as it was not continued on previous two dates. Ld. Adv. for Plff strongly objects the same. In the totality of circumstances of this case, both the parties to maintain status quo in respect of the suit property till next date.
Adjd to 3/4/2019 for order on draft Ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Mr. K. Andrews for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Adv. Mr. Giriraj for applicant present.
F.R.S.R. the following order is passed -
Order on draft Ch/s
1. Draft Ch/s is allowed and made absolute in terms of prayer clause (a0.
2. The Plff is directed to carry out necessary amendment in the plaint accordingly on or before next date and copy of amended plaint be supplied to Deft/MCGM and application herein.
3. Draft Ch/s be registered for statistical purpose.
Adjd to 24/6/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: None for plaintiff.
Adv. Giriraj for applicant present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for applicant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 26.07.2019 for compliance.
L.o. at 3.55 p.m. Adv. Gharat for plaintiff present.
Adjd to 26.07.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Plaintiff no. 1(b) present, her advocate is absent.
Adv. Mrs. Hajare h/f Adv. Ms. Patil for MCGM/Deft. present.
None for applicant.
Applicant is directed to register the Ch/s (disposed off on 03.04.2019) on or before the next date.
Adjd to 05.09.2019 for compliance/Ch/s reply.
L.o. At 11.45 a.m. Adv. Gharat for plaintiff present.
L.o. at 3.00 p/.m. Adv. Giriraj for applicant present.
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 15-10-2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adjd to 13.12.2019 for compliance by the applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv.k.Andrews for plaintiff present.
Time granted to plaintiff for carried out amendment.
Adv.Ms. Patil for MCGM/ Defendant present.
Adv.Pritesh Patel for applicant present and tendered V/P. Exh-9. and also original ch/s 350/20 (Disposed off).
Matter adjd to 25.06.2020 for ch/s reply-369/19/ compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: Adjd. to.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Matter adjd to 04/02/2021 for Compliance/NM and Ch/s Reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Matter adjd to 06/04/2021 for Compliance/Ch/s Reply and NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 06/05/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv Gharat h/f Adv K. Andrews for plaintiff present.
Adv Smita Chavan h/f Adv Rawade for defendant no.1/ MCGM present.
None for defendant no.2.
Plaintiff is directed to serve the copy of amended plaint on defendants.
Adjd. To 30/09/2021 for compliance / ch/s reply / NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Gharat h/f Adv K. Andrews for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
None for defendant no.2.
Adjd. To 25/11/2021 for compliance / Ch/s reply and NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Mahamuni h.f. Adv. K. Andrews for Plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
None for Defendant No.2.
Matter is adjd to 13/01/2022 for CS reply and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2022
Date: 13-01-2022
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 03/03/2022 for CS reply and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv Mahamuni h/f Adv K. Andrews for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
None for defendant no.2.
Adjd. to 07/04/2022 for Ch/s reply / NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: HHJ is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Gharat h/f Adv. K. Andrews for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
None for deft. No. 2.
Adv. for plaintiff is directed to file service affidavit regarding service of Ch/S No. 369/2019 upon deft. No. 2 on next date.
Adjd. to 02/08/2022 for Ch/S reply/ filing service affidavit by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Mahamuni for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ BMC is present.
None for deft. No. 2.
Adv. for plaintiff is directed to file service affidavit regarding service of Ch/S No. 369/2019 upon deft. No. 2 on next date.
Adjd. to 13/09/2022 for Ch/S reply/ filing service affidavit by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
None for deft. No. 2.
Adv. for plaintiff is directed to file service affidavit regarding service of Ch/S No. 369/2019 upon deft. No. 2 on next date.
Adjd. to 04/10/2022 for Ch/S reply/ filing service affidavit by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Mahamuni for plaintiff present and served the copy of Ch/S upon deft. No.1/ BMC.
Adv. Mrs. Rawade for defendant No.1/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
None for deft. No.2.
Adv. for plaintiff is directed to file affidavit of service upon deft. No.2 on next date.
Adjd. to 20/12/2022 for filing affidavit of service upon deft. No.2 and Ch/S reply by deft. No.2
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Court is busy in urgent hearing. Hence, board is discharged.
Adjd. to 06/04/2023 for filing affidavit of service upon deft. No.2 and Ch/S reply by deft. No.2
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Mahamuni h/f Adv. K. Andrews for plaintiff present.
Adv. Ms. Mhatre for defendant no.1 / BMC is present.
Adv. Sandeep Singh h/f Adv. Pritesh Patel for defendant no.2 is present.
Plaintiff is directed to file affidavit of service on defendant no. 2 on next date.
Adjd. to 13/06/2023 for filing affidavit of service upon deft. No.2 and Ch/S reply by deft. No.2.
Next Purpose: C/S REPLY
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Court is on leave
Matte adjounred
Next Purpose: C/S REPLY
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv. Mahamuni for plaintiff present.
Adv. Sandeep Singh h/f Pritesh Patel for def No. 2 present and requested for time to file reply. Granted as a last chance.
Advocate Mhatre for defendant No.1/BMC present
Adjd to 10.10.2023 for Ch/s Reply by def No. 1 and 2.
Next Purpose: C/S REPLY
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Advocate Mahamuni for plaintiff present.
Adv Sandeep Singh for deft No. 2 present and submitted that draft is ready but deft No. 2 is not in town for affirmation. Suit is of 2016 on previous date last chance has been granted. Therefore in the interest of justice one more last chance is granted subject to cost of Rs. 500/- to be credited to DLSA in this Court.
Advocate Mhatre for defendant No.1 /BMC present and has given say on NM overleaf.
Adv for plaintiff undertake to file VP on next date.
Adjd to 31.10.2023 for Compliance and NM Reply by deft No. 2
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Advocate Rohit Pandey for plaintiff present.
Adv for Sandeep Singh for Deft No. 2 tendered reply to NM 53/2017 and chs/ No. 369/2019. Copies are supplied to plaintiff.
Advocate Mhatre for defendant No.1/BMC present and adv for deft No. 2 seeks time to file NM No. 720/2019, hence time is granted.
Adjd to 01.12.2023 for Filing Reply to NM No. 720/19 and Hearing on NM No. 53/17 and Ch/s No. 369/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Advocate Rohit Pandey h/f Mahamuni for plaintiff present and submitted that Sr. Adv Mahamuni is out of Mumbai and seeks time to argue NM No. 53/17. Time is gratned as a last chance.
Adv. Sandeep singh h/f Pritesh Patel for deft No. 2 present and submitted that copy of NM No. 720/19 not served upon deft No. 2. therefore plaintiff is directed to serve copy of NM to deft No. 2.
Advocate Mhatre for defendant No. 1/BMC present.
Adjd to 05.01.2024 for NM and Ch/s Hearing and service of NM No. 720/2019 to deft No. 2
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No.1/BMC present.
None present for deft No. 2.
keep back
Later on 5.28 p.m
Adv Tajane h/f Mahamuni for plaintiff present.
Adjd to 30.01.2024 for NM and Ch/s Hearing and service of NM No. 720/2019 to deft No. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: As Court is busy in urgent Ad-interim hearing, Board Discharged, Hence matter adjourned.
Adjd to 12.03.2024 for NM and Ch/s Hearing and service of NM No. 720/2019 to deft No. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Note : P.O. is nominated for 5 days Special Course on
“Criminal Justice and Digital Forensic” at NFSU Delhi Campus (from 01.04.2024 to 05.04.2024). Hence matter is adjourned.
Adjd to 23/04/2024 for NM and Ch/s Hearing and service of NM No. 720/2019 to deft No. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Advocate Mahamuni for plaintiff present and requested adjournment for hearing.
Advocate Mhatre for defendant/BMC present.
None present for deft No. 2
Adjd to 20.06.2024 for Hearing on NM No. 53/2017 and ch/s NO. 369/2019 and service of notice NM NO. 720/19 upon deft No. 2
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Advocate Tajne h/f Gharat for plaintiff present and submitted that Sr. Adv is not available and requested time.
Advocate Metakari for defendant No. 1/BMC present.
None present for D- 2
The NM No. 720/19 for pending for service upon D-2 but plaintiff has not served the NM. Plaintiff is directed to serve the NM No. 720/12 upon D -2. on request of Adv for plaintiff matter adjourned on hearing on NM 53/2017 and ch/s 369/19 as a last chance
Adjd to 25.07.2027 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: None present for plaintiff
Advocate Metakari for defendant No.1/BMC present.
None for D-2
Adjd to 30.08.2024 for NM hearing
Later on 3.12 p.m
Adv Mahamuni a/w Gharat for plaintiff present.
Heard argument of Adv for plaintiff on ch/s No. 369/19. Plaintiff has not pressed the NM No. 53/2017, hence NM No. 53/2017 is disposed of accordingly.
Following order is passed on Ch/S No. 369/19
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17 of Civil Procedure Code for carrying out amendment in the plaint. It is contended that during the pendency of suit defendant/BMC has removed offending shutter that it notice structure. The said facts required to be brought on record.
2. Adv. for defendant/ corporation opposed chambers summons and stating that this is not subsequent event. The earlier also plaintiff has taken out ch/s but he has not brought this fact before this Court. If proposed amendment is allowed nature of suit will be changed.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of subsequent demolition of notice structure. The suit is filed for declaration that threats of demolition of notice structure are illegal and bad in law.
By way of proposed amendment plaintiff is seeking permission to incorporate contention in respect of demolition of notice structure during pendency of suit. Thus the proposed amendment appears to be just and necessary for complete and effective adjudication of dispute.
5. It is well settled that the amendment in the pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the nature of the Suit is not likely to be changed as result of the amendment. In this case the Suit is at pretrial stage. The proposed amendment is just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/s is allowed in terms of prayer clause (a).
2. Plaintiff to carry out necessary amendment within two weeks.
3. Copy of amended plaint be served upon other side.
4. Ch/S stands disposed of accordingly
Adjd to 29.08.2024 for Compliance and service of NM No. 720/2019 upon deft No.2/ Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 25-07-2024
