Date: 11-08-2021
Business: Adv. Ranjane present for plaintiff and sought adjournement.
Adv. Soraan @ adv.Diwate present for MCGM/defendant.
Matter adjourned for Directions to. 06/10/21.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan present for MCGM/defendant no. 01 and tendered reply cum WS. t.o.r marked as Exh. 07.
kb.
L.o. at 2.45 pm.
Adv. Babita pandey for plaintiff present and sought adjournment.
adv. Pankaj Mishra for defendant 04
Adv. absent for other defendants.
Matter adjourned for Direcitons to. 12/11/21.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: adv. Babita Pandey present for plaintiff.
Adv. soraan present for MCGM/defendant.
Adv. Ashwin Rane for def. no. 04.
Heard arguments of plaintiff and def. no. 1 and 4 on NM.
Matter adjourned for Order on NM on . 17/11/21.
Next Purpose: ORDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Shivgan present for plaintiff.
Adv. Soraan present for MCGM/defendant no. 01.
None present for defendant no. 02 to 04.
F.R.S.R. the following order is passed on NM No. 2030/2020.
ORDER
1) Notice of Motion No. 2030/2020 is dismissed with costs.
2) Notice of Motion No.2030/2020 disposed off accordingly.
3) Cost in cause.
Authenticated copy of today\''s roznama be given to the parties if requested.
Matter adjourned for framming issues to. 19/01/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Hence, matter is adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: As Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Manoj Kane for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for framing issues on 06-08-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Babita Pandey for Plaintiff present and tendered Draft Ch/s along with affidavit in support. TOR. O- Leave is granted to register it.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
Matter is adjd for framing issues on 22-09-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
Matter is adjd for framing issues on 22-11-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: None for Plaintiff.
Adv Babita Pande for Plaintiff present and tendered registered Chamber Summons No. 1386/22 along with affidavit in support. TOR.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
Matter is adjd for Ch/s and reply on 07-12-2022
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Adv Shivgan for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM No.1 present.
Deft no. 4 in person is present.
None for deft no. 2 and 3. They failed to file reply to the Ch/s. Hence, Ch/s to proceed without reply of Deft no. 2 and 3.
Deft no. 4 tendered adjournment application. TOR. Exh.. O- other side to say.
Say filed by Adv for Plaintiff
O- Considering the ends of justice short adjournment is granted.
Adv for Plaintiff filed list of documents. TOR. Exh..
Copy served upon deft/MCGM no. 1 and deft no.4 and .
Matter is adjd for reply of deft no. 4 on the Ch/s on 18-01-2023
Next Purpose: C/S REPLY
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: CORAM SHRI. R.K. KHOMANE AD-HOC JUDGE C.R. NO. 06
Matter pertains to C.R. 05.
Adv. Ranjan present for respondent and he filed affidavit in reply to CS tor.
Adv. Sutar present for def./BMC.
Matter is adjd for NM hearing on 16-02-2023
I/c Judge
Next Purpose: C/S REPLY
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: As Court is busy in urgent hearing matters i.e. Stamp No. 1622 of 2023, and Stamp No. 152 of 2023 and dictating order matters i.e. Suit No. 313 of 2022 to 320 of 2022 group matters and Suit No. 785 of 2018. Hence want of time board is discharged.
Matter is adjd on 23-03-2023
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv Vikas Shivgan for Plaintiff present.
Adv Ashwin Ranjane for defendant no.4 present.
Adv Pradeep M. Patil for defendant /MCGM no. 1 present.
None for defendants nos. 2 and 3.
Matter is adjd for Ch/s hearing on 17-04-2023
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Vikas Shivgan present for plaintiff.
Adv. Patil for MCGM/defendant.
Adv. Mhatre for def. no. 4
Adv. For plaintiff Mr. Shivgan tendered an application for proceed wihtout filing say of defendant tor.
Otherside to say
Matter adjourned for Chs hearing on 05-07-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Vikas for Plaintiff present.
Adv. Ms. Vyavahare h/f Adv. Pradip Patil for MCGM present.
KB.
L.o. Adv. Babita Pande for plaintiff present.
D-4 present.
Adv. Ashwin Rajane for D-4 present.
Ld. Adv. For defendant/MCGM has filed say on overleaf of the Ch/s No. 1386/22. TOR.
Heard arguments of both sides on Ch/s No. 1386/22.
Matter is adjd to 07.07.2023 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv. Vikas Shivgan for Plaintiff present.
Adv. Pradip Patil h/f Adv. Vyavahare for MCGM present.
FRSR the following order is passed -
Order on Ch/s No. 1386 of 2022
1. The Chamber summons no. 1386 of 2022 is allowed.
2. The plaintiff is directed to carry out the amendment as per the schedule appended with the Ch/s within 14 days.
3. The Ch/s No. 1386 of 2022 is disposed off accordingly.
Matter is adjd to 24.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Babita Pande for plaintiff present and filed application for extension of time to carry out the amendment. TOR and marked at Exh. 10.
Order on Exh. 10.
Undoubtedly, reason mentioned in the application that the plaintiff could not appear due to heavy rains in Mumbai is plausible explanation for the extension of time. Hence, further period of 14 days is granted by way of extension to carry out the amendment.
Already adjd to 09.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Shivgan for Plaintiff present.
Adv. Ashwin for D-4 present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 04.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: None for Plaintiff.
Adv. Bhosale for D-4 present.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 25.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Adv. Shivgan h/f Adv. Babita Pandey for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Ld. Adv. for plaintiff tendered affidavit of service. TOR.
Matter is adjd to 22.12.2023 for additional w.s., if any.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Adv. Shivgan for Plaintiff present.
Adv. Aditya Mhatre h/f Adv. Ashwin for D-4 present
Adv. Pradip Patil for MCGM present.
Ld. Adv. for D-4 has filed an application for adjournment. Taken on record and marked at Exh. Order- Allowed subject to the period of limitation prescribed under Order VIII Rule 1 of C.P.C.
Matter is adjd to 15.03.2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Mentioned by pracipe. Not on board. Taken on board.
Adv. Babita Pandey for Plaintiff present.
Adv. Pradip Patil for MCGM/D-1 present.
None for D-2.
Ld. Adv. for plaintiff has tendered draft NM along with affidavit in support. TOR. O- Leave granted to register the NM.
The plaintiff is directed to serve the notice of motion upon defendant no. 4 on or before next date.
Matter is adjd to 15.03.2024 for NM service.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Adv. Shivgan for Plaintiff present.
Plaintiff present.
Adv. Pradip Patil for MCGM/D-1 present.
None for D-3, D-4.
Adv. Ranjane for D-4 present and filed affidavit in reply to NM No. 471/24. Taken on record. Copy served to other side.
Ld. Adv. for MCGM has filed say on overleaf of the NM No. 471/24. Taken on record.
Matter is adjd to 24.04.2024 for NM reply of D-3 and D-4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2024
Date: 15-03-2024
Business: Adv. Shivgan for Plaintiff present.
Plaintiff present.
Adv. Pradip Patil for MCGM/D-1 present.
None for D-3, D-4.
Adv. Ranjane for D-4 present and filed affidavit in reply to NM No. 471/24. Taken on record. Copy served to other side.
Ld. Adv. for MCGM has filed say on overleaf of the NM No. 471/24. Taken on record.
Matter is adjd to 24.04.2024 for NM reply of D-3 and D-4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Plaintiff present. Her advocate is absent.
Adv. Pradeep Patil for MCGM present.
Adv. Ranjane for R-4 present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 05.07.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Adv. Shivgan for Plaintiff present.
Adv. Jawale for Defendant No. 1 /MCGM.
None for Defendant No. 2 to 4.
the plaintiff is directed to serve writ of summons and N/M upon deft No. 2 and 3 and to filed report on or before next date.
Matter is adjd to 02-08-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: P.O. is on leave
Matter adjd. 30-08-2024 Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Mentioned by pracipe. Not on board. Taken on board.
Adv. Shivgan for Plaintiff present.
Adv. Jawale for Defendant No. 1 /MCGM.
None for Defendant No. 2 to 4.
The plaintiff is directed to serve writ of summons and N/M upon deft No. 2 and 3 through court bailiff and to file report on or before next date.
Matter is adjd to 30-08-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/D-1 present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 30.09.2024 for NM reply.
Later on at 3.30 p.m. Adv. Babita Pandey for plaintiff present.
Adv. Kiran for D-4 present.
None for D-2 and D-3.
Learned advocate for plaintiff has tendered registered Notice of Motion No. 471/24 along with affidavit in support. Taken on record.
She has also tendered original writ of summons along with bailiff report. Taken on record and marked at Exh.12.
Matter is adjd to 02.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Shivgan for plaintiff present.
Adv. Ashwin Ranjane for D-4 present.
Adv. G. V. Jawale for MCGM present.
Kept back.
Later on at 4.30 p.m. None present for plaintiff.
Matter is adjd to 25.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Adv. Sonawane a/w Adv. Babita Pandey for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 30.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Adv. Sonawane for Plaintiff present.
Adv. Ashwin Ranjane for D-4 present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 21.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Adv. Babita Pandey for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
Ld. Adv. for plaintiff has filed an application for seeking discharge from the case along with copy of correspondeance, postal receipt and track report. Taken on record and marked at Exh. 13.
Order on Exh. 13
It appears that the Ld. Advocate has duly intimated to the plaintiff by issuing letter through RPAD but the plaintiff remained absent. Hence, the advocate for the plaintiff is allowed to withdraw his vakalatnama, as prayed for.
Issue court motion notice to the plaintiff through court bailiff as to why the suit should not be disposed of for want of appearance.
Matter is adjd to 20.02.2025 for report of notice.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: None for Plaintiff.
Adv. Ashwin Ranjane along with D-4 present.
Adv. Sachin Vajale for defendant No. 1/BMC present.
None for D-2 and D-3.
Order below Exh.1
From roznama Dtd. 20.12.2024, it appears that advocate for the plaintiff has filed an application for withdrawal of her vakalatnama along with copy of correspondence made with the plaintiff and court allowed that application Exh. 13 with direction to issue court motion notice to the plaintiff through bailiff as to why the suit should not be dismissed in default. Such a notice is accordingly issued and bailiff report is placed on record at Exh. 14.
The report of bailiff shows that notice issued to the plaintiff is returned unserved for the reason that the plaintiff was not found on the said address. After making inquiry with many people at Rathod Marg they informed that the said chawl has been demolished by BMC before 4 years back and they do not know about plaintiff. The suit is of the year 2021, means more than 4 years old. Therefore, taking into consideration the bailiff report Exh. 14 and old age of the matter it is justifiable that to dismiss the suit for want of prosecution, so accordingly in the result following order is passed -
1. L. C. Suit No. 1330 of 2021 is hereby dismissed for want of prosecution.
2. In view of dismissal of suit, notice of motion No. 471/24 does not survive so it is disposed off accordingly.
3. No order as to costs.
4. Bill of costs be drawn accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-02-2025