Pradnya Prakash AhireVsMCGM

Date: 07-02-2018
Business: Adv. Mr. S. K. Dubey for Plaintiff present.
Adv. Ms. Tondwalkar for BMC/Deft present.
Original registered N/M no.454/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Original registered Ch/s no.2691/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Adv. Tondwalkar for Defendant files reply on said Ch/s.
Earlier order to continue till next date.
Matter adjd  to 16/02/2018 for N/M order / Ch/s hearing
Next Purpose: NM  ORDERS
Next Hearing Date: 16-02-2018

Date: 16-02-2018
Business: Advocate Mr. Eknath Dhokale for the Plaintiff present.
Advocate Ms. Tondwalkar for BMC/deft present.
Adv. for Plff. Filed Vakalatnama on behalf of Plff. T.O.R. Exh.5
As court is busy in other matters on board.
Matter adjd to 27/02/2018 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-02-2018

Date: 27-02-2018
Business: As court is busy in dictating judgment. Hence board is discharged.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-03-2018

Date: 12-03-2018
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-03-2018

Date: 21-03-2018
Business: None present for the Plaintiff.
Advocate Mr. Khandagle for BMC/deft present.
As court is busy in dictating Judgment in SU no. 8793/98, mediation matter and other matters on board. Hence, matter adjd to 5.04.2018 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-04-2018

Date: 05-04-2018
Business: Advocate Mr. Mirashi for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Advocate for the Plaintiff has submitted that the defendant has regularized the suit structure and he will produce the order on next date.
Adjournment application filed by the Plaintiff. t.o.r. Adjournment is granted.
Matter adjd to 13.06.2018 for compliance/ N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Business: Adv Ganesh Mhatre h/f adv Harshal Mira Shaikh for the plaintiff present.
He filed application Exh.7
List of documents Exh.8
Adv Tondwalkar for the def/BMC present.
Adjourned to 03.08.2018  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2018

Date: 03-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Advocate Mr. Kamble h/f adv. Mirashi for Plaintiff present and submitted that, advocate Mr., Mirashi is unable to attend the Court today.
Advocate Ms. Hajare h/f Adv. Ms. Tondvalkar for BMC/Deft. present.
By consent, case is adjourned to 17/10/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2018

Date: 17-10-2018
Business: Advocate Mr. Mirashi for Plaintiff present and submitted that, the proposal notice was issued by BMC for regularization of disputed construction of Plaintiff and accordingly, Plaintiff has deposited the amount for regularization which was sought by BMC and its receipt is also produced by Plaintiff before concerned BMC officer as directed.  Hence, Plaintiff is directed to produce before he Court regularization order/certificate issued by BMC so that matter can be referred either to Lok-adalat or to mediator.  Plff is also directed to copies of documents filed with list Exh.8 to Defendant/BMC.
Advocate for Defendant/BMC present.
Case is adjourned to 02/11/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Advocate Mr. Deepak Paikrao for Plaintiff present and filed list of documents Exh.9 arguing that those documents there is order of regularization of suit property.
Advocate for BMC/Deft present
Heard arguments of advocate for Plaintiff who has submitted that, MHADA has already regularized suit structures and as directed by MHADA Plaintiff has deposited the regularization charges with BMC. Those amounts are accepted by BMC.  Thereafter Plaintiff has submitted application dated 26/10/2018 requesting BMC for issuing regularization orders in respect of suit structures however, BMC authorities have informed Plaintiff that suit structures are already regularized by MHADA and therefore BMC will not pass any such orders for regularization. Hence, according to Plaintiff\''s advocate on the basis of documents filed below Exh.9 suit structures are regularized one and they are protected because BMC has already accepted the regularization charges and transfer charges.  Hence, NM is necessary to be made absolute.  Learned advocate for Defendant submitted that, she will take necessary instructions about documents filed by Plaintiff today, hence matter may be adjourned.
Case is adjourned to 21/01/2019 for argument by BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Advocate Ms. Meenal Chheda h/f Adv. Deepak Paikrao for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present and filed list of documents, t.o.r.
Advocate for BMC argued that disputed notice is issued in respect of 1100 sq. ft area from first floor, however document at page no.4  of Exh.9 is related only 275 sq. ft. area.  From the inspection report filed by BMC on record it becomes clear that Plaintiff has made unauthorised construction without obtaining permission from BMC, hence NM is necessary to be dismissed.
In reply, learned advocate for Plaintiff submitted that, area from the 3 notices sent by MHADA to Plaintiff, her husband and brother in law comes to 1175 sq. ft, hence it becomes clear that Plaintiff has not made any unauthorised construction as alleged by Defendant, hence NM is necessary to be made absolute.
Case is adjourned to 08/03/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Court is on leave. Hence today board is discharged
Next Purpose: NM  ORDERS
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
N/m no.2620/2011 is made absolute in terms of prayer clause (a).
BMC advocate filed pursis for adopting reply of NM as Written Statement, t.o.r. Pursis is marked as Exh.11. Reply be treated as Written Statement and marked as Exh.12.
Case is adjourned to 07/06/2019 for framing issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: None for Plaintiff.
Advocate Ms.Chavan for defendant/MCGM present.
Exh.  13 - Issues framed.
The case is adjourned to  16.07.2019 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Advocate Kamble h/f adv. Mirashi for plaintiff present and undertakes to file vakalatnama on behalf of plaintiff.
Advocate Ms.Mhatre for defendant/MCGM present.
KB
LO at 12.30 pm,
Same appearance.
Advocate Ms.Mhatre and pointed out that reply is already filed on Chamber Summons.
The case is adjourned to 13.08.2019  for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to 25.09.2019  for dismissal of Chamber Summons.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Raman Kamble h/f adv. Mirashi for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
It is pointed out to adv. Kamble that he had undertaken to file vakalatnama on behalf of plaintiff in the month of July 2019. Till date no vakalatnama is filed on record.
The ch/s is listed for dismissal. In such circumstances considering request of advocate Kamble for plaintiff last opportunity is granted. Failure of plaintiff to argue on Chamber Summons on next date will result in dismissal of Chamber Summons without reference to the Court.
Adv. Kamble undertakes to file vakalatnama on or before next date.
If vakalatnama is not filed as undertaken appearance of advocate Kamble on behalf of plaintiff will be of no consequence.
The case is adjourned to 09.12.2019 for Chamber Summons dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv.Mr.Kamble h/f adv. Paikrao for Plaintiff, prayed for adjd. he is not ready for argument, despite I shown him roznama dtd. 02.11.2019.
Adv. Mrs. Chavhan for deft./MCGM present.
Exh.14- V/P of Adv. Paikrao for Plaintiff.
Posted for Ch/s dismissal.
Matter is adjd.for Ch/s dismissal on 24.02.2020.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mr. Harshal Mirashi for plff., endorsed below Ch/s no.269/18 to not pressed. Hence Ch/s no.269/18 be shown as disposed of as not pressed by plff.
Nature Of Disposal: WITHDRAWL
Disposal Date: 24-02-2020

Main Case No: SUIT/0102079/2011
Main Cnr: MHCC010027352011
Main Filing No: 111447

Filing Number: 101936/2018
Filing Date: 06-02-2018
First Hearing Date: 07th February 2018
Decision Date: 24th February 2020
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE