Date: 27-03-2018
Business: Adv.Mr.Sharad Rai for Plff.presnt.
Adv.Mrs.Tadavi for BMC/Defts no.1 to 3 present.
Adv.Ms.Sonali Mishra for deft.no.4 present.
None for defts.no.5 and 6.
Adv.for Plff.tendered N/m No.508/18 t.o.r.
Adjd.for N/m hearing on 26.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2018
Date: 26-06-2018
Business: Adv. Mr. Sharad Kale for Plaintiff present.
Adv. Ms. Kamble for defendant 1 and 2 / BMC present.
Adv. Ms. Sonali Mishra for Defendant nos. 3 and 4 absent.
Defendant nos. 5 and 6 absent.
Adjd. to 13.08.2018 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv for plff present.
Adv Giri h/f. adv Tadavi for BMC/Deft no.1 present.
Adv Abdulla for deft no.3 and 4
Deft no.5 and 6 and their advs are absent.
Adjd to 18/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Matter adjd. to 22.11.18 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Adv. Mr. Sharad Rai for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant No. 1 and 2/BMC present.
Adv. Mr. Bhore for Defendant No.3 and 4 present.
None for Defendant Nos. 5 and 6.
Adjd. to 13.12.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: Court is on half day leave in Second Session, hence Board is discharged.
Matter adjd. to 08.01.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: As Court is on leave today, Board is discharged.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv for Sharad Rai for plff present.
Adv Siddhesh Bhore for defts no.3 and 4 present.
Adv Mrs.Vyavhare for MCGM/deft no.1 present.
K.B..
Later on..
Adv for Sharad Rai for plff present.
Adv Siddhesh Bhore for defts no.3 and 4 present.
Adv Mrs.Vyavhare for MCGM/deft no.1 present.
Heard arguments of both sides.
Adjd to 8/03/2019 for orders on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: None for Plff
Adv. Mrs. Vyavhare for MCGM/deft No.1 and 2 present.
Adv. Mr. Ghate for Deft No.3 and 4 present.
None for Deft No.5 and 6.
Court time is over.
Hence, adjd to 12/3/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Ms. Neha Pandey for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 and 2 present.
None for Deft No.3 to 6.
Common order on N/M No.3847/17 and N/M No.508/18
By way of N/M No.3847/17 the defendants No.3 and 4 have prayed to allow them to file written statement and in N/M No.508/18 filed subsequently, the plaintiff has prayed to decree the suit for want of written statement under O.8 R.5 of CPC.
In N/M No.3847/17 it is contended that initially the said defendants have taken out objection to the suit by raising preliminary issue of limitation, the same issue was disposed off after hearing both parties on 12/7/2017 and therefore these defendants could not filed written statement. They have also stated that they preferred Civil Revision Apln. No. (Stamp) 2377/17 in the Hon\''ble Bombay High Court against adjudication of the preliminary issue. In the N/M No.508/18, the plaintiff has averred that since 2014 these defendants have failed to file written statement for last 6 years and therefore they should not be allow to file the same.
After going through the record of the case. The matter was fixed for hearing on the issue of limitation till 12/7/2017 and thereafter it was fixed for N/M hearing. The matter never proceeded further and on one or the other ground it was adjourned. Progress of the suit is not delayed by the act of not filing of WS by Defts No.3 and 4. From this, it can be said that no prejudice will be caused to the Plff if N/M No.3847/17 will be granted. Therefore, N/M No.3847/17 is allowed and made absolute in terms of prayer clause (a) subject to payment of cost of Rs. 2,000/- to the plaintiff on or before next date. As result of this order, N/M No.508/18 cannot be granted and the same is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 12-03-2019
