Bharat Mehta +7 moreVsMCGM +3 more

Date: 08-03-2019
Business: Adv. Mr. Sameer Tendulkar for Plff present and tendered draft N/M alongiwth affidavit.
O. - Leave is granted to register the N/M.
Adv. Ms. Smita Chavan for MCGM/Deft No.1 to 3 present and tendered affidavit of documents.  t.o.r.
Copy is received by otherside.
Adv. Mr. Dalal for Deft No.4 present.
Officer Mr. Swapnil Sanap, Junior Engineer, N-Ward, MCGM present.
Order on ad-interim relief.
Perused contents of N/M, plaint, documents annexed there to, documents filed by Deft and heard arguments advanced by both sides. The prayer is made to restrain the Deft from demolishing or causing danger or risk in any manner to entire ground floor, Janjirawadi Chawl, Opp. Rajawadi Post Office, Rajawadi Road No.1, Ghatkopar (East), Mumbai-400077.  According to Ld. Adv. for Plff, the occupants of ground floor have not received any notice U/s.354 of MMC Act.  However it is clear that such notice for ground and three floor was issued on 15/6/2013.  Moreover in the order dt.15/4/2016 in N/M No.2110/15 alongwith N/M No.136/16 Hon\''ble High Court has taken note of the stand taken by tenants which was contrary to their earlier claim.  Ultimately the Hon\''ble Bombay High Court appointed Court Receiver under whose supervision redevelopment work was to be carried out.  Therefore the Plff\''s cannot claim that they did not have any notice u/s.354 of MMC Act.  Moreover in paragraph No.2 of the Plaint it is stated that Deft No.3 MCGM has issued notice bearing No.CAN/070/B and F/GEN dated 18/4/2018 for demolishing of suit premises. Ld. Adv. for Plff submits that this is a typographical mistake and conclusion need not be drawn that the Plff has received such notice. As discussed herein earlier the Plff have received notice dt.15/6/2013, some of them intervened before Hon\''ble High Court and thereafter order dt.15/4/2016 came to be passed.  For the all aforesaid reasons, the Plffs are not entitled for ad-interim relief and therefore the same is rejected.
Deft No.4 waives writ of summons.
Authenticated copy be given to the both parties.
Adjd to 27/3/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Business: Adv. Mr. Suraj h/f Adv. Mr. Tendulkar for Plff present and tendered original registered N/M No.1085/19 alongwith affidavit.
Adv. Mrs. Bhoir for MCGM/Defts No.1 to 3 present.
None for Deft No.4.
Writ of summons be issued against Defts No.1 to 3.
Adjd to 24/4/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Adv. Mr. Gupte h/f Adv. Mr. Tendulkar for Plff present.
Adv. Mrs. Bhoir for MCGM/Defts No.1 to 3 present.
None for Deft No.4.
Deft No.4 has failed to file reply to N/M and WS.  Hence, N/M will be heard without reply and suit will be heard without WS of Deft No.4.
Adjd to 21/6/19 for N/M reply of Defts No.1 to 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
None for def. no. 4.
On oral request of ld adv for def., adjournment granted.
Adjd to 20.08.2019 for NM reply of def. no. 1 to 3.
L.O. at 3.30 p.m. Adv. Shikre for defendant no. 4 present and tendered original NM No. 2114/19 with affidavit.
Adv. Sameer Tendulkar for plaintiff present.
Adjd to 04.07.2019 for NM reply of def. no. 1 to 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Sigarala for def. no. 4 present.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
On oral request of ld adv for def. 1 to 3, adjournment granted.
Adjd to 22.08.2019 for reply to NM No. 1085/19 by def. no. 1 to 3 and reply of plaintiff to NM No. 2114/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Sunita Khamkar for plaintiff present.
Adv. Mrs. D.D. Patil for Deft no. 1,2,3/MCGM present.
None for defendant no. 4.
On oral request of advocate for Plaintiff, adjournment granted.
Adjd to  14-01-2020 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv.Gupte h/f adv. Tendulkar for plaintiff present.
Adv. Patil for defendant No. 1 to 3 present.
Adv. Sigarala for Defendant No.4 is present.
On oral request of plaintiff and Defendant NO.1,time is granted.
Adjd to 05.03.2020 for filing reply NM 2114/19 by plaintiff as a last chance and for filing reply to NM 1085/19 by Defendant NO. 1 to 3 as a last chance.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv.Gupte h/f Tendulkar    for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant No. 1 to 3  present.
Adv. Sigaral for defendant No.4 is present.
Plaintiff has given last chance to file reply to the NM reply.
The plaintiff is directed to serve copy of reply on or before next date.
 Matter adjd to 23.04.2020  for filing reply Nm 21114/19 by Plaintiff as a last chance for filing reply to NM 1085/19 by defendant No.1 to 3 as a last chance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft no. 1 to 3/MCGM present.
None for deft no.4.
Matter adjd to 16/02/2021 for filing reply to NM No.2114/19 by plaintiff as a last chance/ for filing reply to NM No. 1085/19 as a last chance.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Ms. Smita Chavan for deft no. 1 to3/MCGM present.
Adv. Sigarla for deft no.4 present.
Kept Back.
Later On. At 03.00 pm.
Advocate for plaintiff tendered reply to NM No.2114/19. TOR.
Copy is served to deft no.1 to 3/MCGM.
None for deft no.4.
Plaintiff is directed to serve the copy of reply to NM upon deft no.4 till next date.
Matter adjd to  22/04/2021 for Hearing on NM No.2114/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Adjd. To 09/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Gupte h.f. Adv. Tendulkar for Plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant nos. 1 to 3/ MCGM present.
Adv. Sigarala for Defendant No.4 present.
Matter is adjd to 17/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present.
None for defendant no.4.
K.B.
L.O. at 3.30 p.m.
Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present and requests for time to file reply to NM No.1085/2019. Time is granted till next date.
Adv Seegarla for defendant no.4 present.
Adv for plaintiff is served NM reply to advocate for defendant no.4.
Reply of plaintiff is served on defendant no.4.
Adjd. To 09/06/2022 for hearing on NM NO.2114/2019/ filing reply to NM NO.1085/2019 by defendant nos. 1 to 3/ MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1 to 3/ MCGM is present.
Adv. Seggarala for deft. No. 4 present.
Heard both sides on N/M No. 2114/2019.
K.B. for order on N/M No. 2114/2019.
L.O.
Following order is passed on N/M No. 2114/2019-
O R D E R
1.     Defendant No. 4 has taken on Notice of Motion for setting aside no W/S order dated 24/04/2019. It is contended that defendant No. 4 appeared and contested N/M No. 1085/2019 and advocate was preparing to file caveat. The advocate was busy in other matter and not aware about the next date i.e 24/04/2019. It is further contended that the defendant has good defense and if the no W/S order is not set aside he will harm and injury. Therefore, no W/S order may kindly be set aside.
2.     Plaintiff opposed application contending that motion is taken after delay. Defendant No. 4 has concealed facts for delay. The defendant not mentioned how much delay has there and delay is not explained.
3.     Perused N/M, reply and record. Heard counsel for the parties.
4.     It is matter of record that defendant No. 4 contested the N/M for ad-interim injunction. It is the contention of the defendant that his advocate was preoccupied the other matters and skipped the date. It is well settled that no party should be denied opportunity to participate in the process of administration of justice. Therefore, in order to decide controversy between party on merit, it will be just and proper to set aside no W/S order. Hence I pass following order-
Following order is passed-
O R D E R
1.     No W/S order dated 24/04/2019 is hereby set aside.
2.      W/S of defendant No. 4 be taken on record.
3.      N/M No. 2114/2019 stands disposed of accordingly.
Adjd. to 07/07/2022 for filing W/S by deft. No. 4 and for filing reply to N/M No.1085/2019 by deft. No. 1 to 3/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv. Gupte h/f Adv. Sameer Tendulkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 to 3/ MCGM is present and requested time to file reply on N/M No. 1085/2019. Time is granted till next date as a last chance.
Adv. S. M. Seegarla i/b RMG Law Associates for deft. No. 4 present and requested for time to file pursis to adopt W/S as reply to N/M No. 1085/2019.
W/S of deft. No. 4 is already marked as Exh. 3 on 12/06/2019.
Adjd. to 25/08/2022 for reply to N/M No. 1085/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant Nos. 1 to 3/ MCGM is present and requested time to file reply on N/M No. 1085/2019. Time is granted till next date as a last chance.
Adv. Swapnil Shikre i/b RMG Law Associates for deft. No. 4 present and requested for adjournment. Time is granted till next date.
Adjd. to 20/09/2022 for reply to N/M No. 1085/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Gupte for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present and requested time to file reply to N/M. On previous date last chance was granted to the deft. Nos.1 to 3/BMC. However, One more last chance is granted.
None for deft. No.4.
Adjd. to 10/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: H.H.J. is on half day (second session) leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As Court is busy in hearing urgent N/M and ad-interim relief and passing order in N/M, board is discharged.
Adjd. to 06/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. Akshay Mawor h/f Sameer Tendulkar for plaintiff present.
Adv. Ms. Mhatre  for defendant No. 1 to 3/ BMC is present.
Adv. S. M. Seegarla i/b RMG Law Associates for deft. No. 4 present and tendered pursis adopting WS as reply to Notice of Motion. Marked as Exh. 4  O- Read and Recorded.
Adv. for BMC seeks time to file reply to NM
Adv for plaintiff opposed adjournment on ground that NM is pending 2019 for reply. However in the interest of justice time is granted.
Adjd. to 06.07.2023  for NM Reply by BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: P O Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Advocate Gupte h/f Tendulkar for plaintiff present and tendered draft Notice of Motion @ affidavit in support and draft chamber summons @ affidavit in support.
O- Leave granted to register NM and Ch/s.
Adv Swapnil Shikhare def NO. 4 present.
Advocate Mhatre for defendant No. 1 to 3/BMC present and seeks time to file reply to NM. Adv for plaintiff opposed adjournment stating that NM is pending since 2019 but inspite of sufficient opportunities corporation not filed reply. Hence, no say order will be passed.  NM is pending for reply by BMC but corporation not filed reply. Hence NM is proceed without reply of defendant/BMC.
L.O.4.43 p.m
Adv for corporation submitted that there is no proper service. Adv for plaintiff submitted that prayer in both the  NM is same and therefore no prejudice would cause to the corporation. However it contended that Notice has been served upon the plaintiff on yesterday and therefor matter is kept for ad-interim hearing.
Adv for deft/BMC tendered List of documents TOR marked as Exh. 5
Adjd to 31.08.2023  for AD-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Advocate Sameer Tendulkar  for plaintiff present and tendered registered ch/s No. 1528/2023 and NM No. 3214 of 2023.
Counsel Adv. Rishikesh Soni a/w Adv. S. M. Seegarla a w  Adv. Swapnil Shikhare i/b RMG Law for deft No. 4 present.
Advocate Mhatre for defendant/BMC present and tendered reply to NM No.  3214/2023 and ch/s No. 1528/23 TOR copy is supplied to other side.
Shri. Jitu Nanji Gohil JE  B and F  N Ward for BMC present.
Heard argument of both sides on Ch/s No. 1528/2023.
Following order is passed on chamber summons No. 1528/2023
O R D E R  1.The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. It is contended that after filing suit. BMC issued notices and stuructural audit report. Therefore plaintiff is seeking permission to insert contention in respect of subsequent notices, TAC Report and seeking additional relief as per schedule annexed to the Ch/s.
2.    Adv. for defendants No. 1 to 3/BMC opposed chambers Summons and stating the plaintiff is prolonging the trail of the suit and building is in delapidated condition and plaintiff has no case. The defendant No. 4 has not filed reply to ch/s. 3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.    The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to insert contention in respect of subsequent notices issued by BMC, TAC report and seeking additional relief of as per schedule. which are subsequent events after filing the suit.   It is well settled that the amendment of 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.  Honble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. Civil Appeal No. 5909/2022  held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
5. The proposed amendment is just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed. Therefore I find no substance in the submission of the adv for the corporation. In the circumstances Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R 1. Ch/s No. 1528/2023 is hereby made absolute in terms of prayer clause(a). 2. Plaintiff to carry out necessary amendment till next date. 3. Copy of amended plaint be served upon other side.
4. Ch/s No. 1528/2023 stands disposed of accordingly.
Adv for deft NO. 4 WS be treated as a reply to NM  3214/2023.
Heard argument of advocate for plaintiff on NM No. 1085/2019 and NM No. 3214/2023. Adv for plaintiff tendered compilation of citation TOR marked as Exh. 6
Adv for deft/BMC filed pursis below Exh. 7 adopting reply to NM  as WS. Hence reply is marked as Exh.8
Adjd  to   02.09.2023 for Order on  NM No. 1085/2019 and NM No. 3214/2023/ Compliance
Next Purpose: NM  ORDERS
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Advocate Akshay Mawar h/f Sameer Tendulkar for plaintiff present and seek extension time  to carry out amendment. Hence, time is granted for one week
Adv. Swapnil Shikhare for def No. 4 present.
Advocate  Suryavanshi  for defendant/BMC present.
Adjd  to 04.09.2023 for  Order on  NM No. 1085/2019 and NM No. 3214/2023/ Compliance
Next Purpose: NM  ORDERS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: P.O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: dismissed
Next Purpose: HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Advocate Gupte h/f Tendulkar for plaintiff present.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for deft No. 4.
Adjd  to 14.09.2023  for Order on Exh. 9
Next Purpose: ORDER
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Advocate Dinesh Shinde h/f adv. Tendulkar for plaintiff present.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for defendant No. 4.
Order below Exh-9
The plaintiffs intend to challenge order dismissing notice of motions. However, some time is required for preferring appeal by obtaining certified copy. Therefore, the plaintiff prayed that defendant/BMC be directed not to take coercive steps for four weeks.
Advocate for defendants strongly opposed application.
Heard advocate for the plaintiff and defendant/BMC.
The plaintiff have challenged notice issued by defendant/BMC u/s 354 of the MMC Act. The plaintiff intend to challenge the order dismissing notice of motion. The appeal is the statutory right of the aggrieved party. It is contention of the plaintiff that if the status quo is not granted, there is possibility of demolition of notice structure and in that event object of preferring appeal would be defeated. Therefore, considering the facts of the case, I passed following order:-
Order
Defendant/BMC shall not take coercive steps for two weeks from today.
The Notice of Motion No. 1085/2019 is already disposed of on 11.09.2023 by passing separate order. Hence be disposed off in CIS.
Adjd  to  16.12.2023 for hearing on issues/draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for plaintiff.
Adv. Aishwarya Mane a/w Shrikant Seegarle for Deft No. 4 requested time to submit draft issues.
Advocate Jyoti Mhatre-Patil  for defendant No. 1 to 3/BMC present.
Adjd  to 06.04.2024   for  Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
Hence matter is adjourned to 04.05.2024
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None present for plaintiff
Advocate  Amar Patil h/f Mhatre for defendant No. 1 to 3/BMC present.
Adv. Sigarala Deft No. 4 present.
Adjd  to  29.06.2024    for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: None present for plaintiff
Advocate  Waghmare  for defendant/BMC present.
Adv Sigarala a/w Aishwarya Mane i/b RMG Law Associate for    D- 4 present.
Exh.10  - Issues
Adjd  to  06 .08.2024   for  List of witnesses and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: None for plaintiff present.
Advocate Metakari for defendant No. 1 to 3/BMC present.
Advocate Aishwarya for defendant No. 4 present.
Adjd  to  17.10.2024  for Plaintiffs Evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthawar for defendant No. 1 to 3/BMC present- N ward
Adv. Swapnil Shikhare for deft No. 4 present.
Suit is of year 2019, issues are framed on 29.06.2024 but since many dates none appeared for the plaintiff. Today is the second date for plaintiff evidence. Hence matter adjourned
Adjd  to 19.11.2024     for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Swapnil Bharti   for defendant No. 1 to 3/BMC present.
None present for deft No. 4
Today matter is listed for evidence of plaintiff and this third date but since many dates neither plaintiff nor his adv remains present. hence matter adjourned and kept for dismissal of suit for want of prosecution.
Adjd  to 30.11.2024     for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
Matter is adjd to 07.12.2024    for suit dismissal
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: None present for plaintiff
Advocate Honmane   for defendant/BMC present.
Adv Swapnil Shirke for deft No. 4 present
keep back
Later on 4.00 p.m
Same appearance
Order below Exh. 1
The suit is of year 2019 and issues are framed on 29.06.2024 and thereafter matter repeatedly adjourned for the plaintiff’s evidence. The roznama shows that neither plaintiff nor his Adv remains present. Therefore on 19.11.2024 matter was adjourned to 30.11.2024 and kept for dismissal of suit but insipite of that none appeared for plaintiff. Today also none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed under order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-12-2024

NOTICE OF MOTION/101085/2019
NOTICE OF MOTION/103214/2023
NOTICE OF MOTION/102114/2019
CHAMBER SUMMONS/101528/2023

Registration Number: 100616/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102311/2019
Filing Date: 22-02-2019
First Hearing Date: 08th March 2019
Decision Date: 07th December 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE