Shoeb Badrudduja KhanVsMCGM

Date: 22-02-2019
Business: Advocate Mr. V. T. Dubey for Plaintiff filed preceipe for taking matter on todays board. Order on preceipe.-Allowed, if time will permit then only the hearing for ad-interim relief will be heard.
K.B.
L.O. at 4.45 p.m.
Advocate Mr. V. T. Dubey for Plaintiff filed draft Notice of Motion along with affidavit in support. Leave granted.
Heard Plaintiff\''s advocate Mr. V. T. Dubey who has argued that disputed notice bearing no.L/DO3L/165/351-MMC-ACT/L8N01/11-01-2019 dated 16/01/2019 reference no.82185 is issued u/s 351 of BMC Act alleging that unauthorized construction is made by Plaintiff at suit premises i.e. Commercial-cum-residential premises bearing C.T.S. No.871/3-C/3E/3D having ground plus two upper floors admeasuring about 1450 sq. ft. each floor made up of B.M. Walls with A.C. Sheet roofs and said construction is situated at survey no.180, hissa no.1,2,3 (part) corresponding to C.T.S. No.871/15 behind Goodluck dairy, Gazimiya Darga, Halavpool, Kurla, west, Mumbai-70.  It is argued that after issuing said notice no speaking order is passed inspite of the fact that Plaintiff has replied said notice by filing reply which is received by BMC on 30/01/2019.   It is argued that assessment bill of suit property shows that date of first assessment of suit property is 31/03/1962.  Learned advocate for Plaintiff also referred copy of index no.II showing that Plaintiff\''s father had purchased suit property with construction of suit premises by the agreement dated 07/04/1993, hence Plaintiff has not made any new construction in suit premises and notice is issued in the name of Zahir Shaikh who has no concern with suit premises, however Plaintiff has filed this suit because said notice is pasted on the house of Plaintiff, hence according to Plaintiff\''s advocate disputed notice is prima facie illegal and hence can not be enforced, therefore ad-interim relief as prayed in NM is necessary to be granted.
Defendant\''s advocate Ms. Hajare submitted that, she has no instructions about passing speaking order in pursuance of disputed notice, therefore this suit is pre-mature because it is filed prior to passing speaking order, hence ad-interim relief as prayed should not be granted.
Considering submissions I find that suit premises can be protected at least till passing speaking order in pursuance of the disputed notice, hence ad-interim relief in terms of prayer clause (a) of NM is granted till passing speaking order in pursuance of disputed notice by BMC.
It is directed that BMC after passing speaking order should file its copy in the Court and till filing said copy in the Court should not enforce disputed notice and speaking order, if any which will be passed.
Parties to act upon authenticated copy duly signed by Sheristedar.
Case is adjourned to 02/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Court is busy in hearing NM in suit no.3307/2018 and court has to hear urgent matters, hence case is adjourned to 03/06/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion no.1214/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Chavan for defendant/MCGM present and sought time to file reply. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 08.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate  Giri for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 31.08.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 05.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre  for defendant/MCGM present.
Matter referred to Lok-Adalat dated 14.09.2019.
The case is adjourned to 07-10-2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 02.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. N. K. Dubey h/f adv. V. T. Dubey for Plaintiff present.
Adv. Mhatre for Defendant present.
Earlier order if any continue till next date.
Case is adjourned to 17/02/2020 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd. to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 20.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.to 05-02-2021 for NM Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 22.03.21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for reply to 21.06.21.
                                                                               Judge
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: CORAM H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. No.11)
Adv.N.K. Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for N/M Reply to 06.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv. N.K. Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 24.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. N.K. Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 10.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Ms. Vijaya Rani h/f Adv. Mr. Dubey for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 04.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Matter pertain to CR. No.11.
Adv. Vijayarani h/f V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre h/f Adv. Khandagale  for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to  25.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Vijayarani for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for NM reply to 06/05/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 15.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 23.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 16.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Ms. Vijayarani Prasad  for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 30.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 31.03.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Matter pertains to C.R.No.11.
Adv. Prasad h/f Mr. Dubey for the plaintiff is present.
Adv. Mrs. Mhatre h/f Mr. Giri for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for 05.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv. Ms. Amreen Sheriff h/f V. T. Dubey for the plaintiff present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and orally requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply/WS to 28.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 30.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Pradeep Patil h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 04.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM rely/WS to 12.02.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 15.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 06-07-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 28.08.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 04.11.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: Adv. Mr. Fawaz h/f Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 10.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Matter pertains to C.R. No.11.
Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Botlawar for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 05.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 11.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
Adv. Mr V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM Reply. Granted. Earlier order, if any, to continue till next date.
Adjourned for NM Reply to 02.07.2025 .
                                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 22.08.2025.
                                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 10.10.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: Matter pertains to C. R. No. 11.
Adv. Mr. N.K Dubey present for the plaintiff.
Adv. Mr. V.G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Reply to 21.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2025

Date: 21-11-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. V. G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Reply/Rejoinder to 15.12.2025
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Adv. Ms. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 06.03.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 04.04.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2026

Date: 04-04-2026
Business: Matter pertains to C. R. No. 11
Adv. Ms. Vijayarani Prasad for the plaintiff is present. .
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for  NM Reply Rejoinder to 22.04.2026
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: CORAM H.H.J. SHRI. R. K. DESHPANDE (C.R. NO.11)
Adv. Vijayarani Prasad for plaintiff present.
Adv. Mr. Botlawar for defendant/BMC is present.
Court busy in hearing, so matter is adjourned.
Earlier order, if any, to continue till next date.
Adjourned to 12-06-2026 for NM reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: Matter pertains to C. R. No. 11
Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 20.07.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply/WS. Sufficient time is already granted. Hence, NM is kept for no reply order. Earlier order, if any, to continue till next date.
Adjourned for no reply order to 23.09.2026.
Next Purpose: ORDER
Next Hearing Date: 23-09-2026

NOTICE OF MOTION/101214/2019

Filing Number: 102139/2019
Filing Date: 20-02-2019
First Hearing Date: 22nd February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE