Sanjay Sushil BhosaleVsMCGM

Date: 02-03-2020
Business: NOB.TOB.By precipe.
Adv.S.K.Bhosle for plaintiff present and tendered draft NM along with affidavit in support. Leave to register is granted for NM.
Adv. Khandagle for MCGM/Deft. present.
Heard advocate of plaintiff and defendant/corporation.
Both parties are directed to maintain the status quo till next date.
It is submitted Adv.Bhosle plaintiff is not party in the writ petition pending before Hon\''ble High Court.
 Authenticated copies be given to the both parties.
 Matter adjd to 11.03.2020 for ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv.S.K.Bhosle for plaintiff present and tendered original registered NM No-1035/20 along with affidavit in support and also tendered original writ of summons. Exh-2.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
 Matter adjd to 01.04.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Adjd
Next Purpose: HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
None for Plaintiff.
Adv. Mrs. Hajare h/f. Adv. Mr. Khandagale for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 12/02/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. S. K. Bhosle for plaintiff present and requests for time to argue on ad-interim relief in NM. Time is granted till next date.
Adv. Khandagle for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for Ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. S. K. Bhosle for plaintiff present.
Adv. Khandagale for deft/MCGM present and objected for the arguments on ad-interim relief since long.
Adv. for plaintiff submitted that AGM is scheduled at the end of the March,2021 and the society architect has amended the plan will be served on next date. Hence request for time to argue on ad-interim reliefs. Time is granted.
Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for Hearing on Ad-interim.
Next Purpose: HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. S. K. Bhosle for plaintiff present.
None for deft/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: HEARING
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: (Matter pertains to C.R. NO.08)
Adv S.K. Bhosale for plaintiff  present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 08/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Adv Sharad Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Firoza Shaikh h/f Adv Sharad Bhosale for plaintiff present and and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: CORAM - H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
(Matter pertains to C.R. No.08)
Adv S.K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Firoza  Shaikh h/f. Adv. S.K. Bhosale for Plaintiff present and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 22/11/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv S.K. Bhosale for plaintiff present and requests for time to argue on ad-interim reliefs.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 10/01/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. To 04/02/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 02/03/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.15 p.m.
Adv S.K. Bhosale for plaintiff present and seeks time to argue on ad-interim reliefs.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Mr Vinod Dixit, S.E. (Building Proposal, M/E ward, MCGM present.
Adv for defendant / MCGM taken strong objection to extend the ad-interim reliefs. The record shows that suit filed in March 2020, since then matter is kept for ad-interim hearing. The protection was in favour of plaintiff. Therefore plaintiff is directed to argue on ad-interim reliefs on next date, otherwise protection will not be continued. Considering this request of adjournment lastly granted.
Earlier order, if any, to continue till next date.
Adjd. to 11/03/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv S.K. Bhosale for plaintiff present and tendered original registered Chamber Summons No.356/2022 along-with affidavit in support thereof. TOR . He also tendered acknowledgement of service upon defendant / MCGM and proposed defendant no.2. TOR.
Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O.at 3.45 p.m.
Adv S.K. Bhosale for plaintiff present and tendered compilation of document. TOR and marked as Exh. Copy is supplied to other side.
Adv Mrs Tondwalkar for defendant / MCGM is present and tendered compilation of document. TOR and marked as Exh. Copy is supplied to other side.
Heard both sides on ad-interim reliefs in NM NO.1035/2020.
Adjd. To 14/03/2022 for order on ad-interim reliefs in NM NO.1035/2020.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Heard Ld Adv for defendant / MCGM on ad-interim hearing in NM and rejoinder argument heard by Ld Adv for plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 21/03/2022 for order on ad-interim reliefs in NM.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
Adv Hardik Desai for applicant / proposed defendant no.2. present and undertakes to file Vakalatnama on next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/03/2022 for order on ad-interim reliefs in NM and Ch/s reply.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/  MCGM present.
None for applicant.
KB
for order on Ad-interim relief on Notice of Motion No.1035 of 2020.
L.O.
Adv. S.K. Bhosale for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/  MCGM present.
Adv. Hardik Desai for applicant in C/S No.356/2022 present.
Ad-interim relief on Notice of Motion No.1035 of 2020.
	Perused Notice of Motion, affidavit in support thereof, documents filed by both the parties. Heard both the advocates at length.
	The plaintiff by way of this Notice of Motion prayed that defendant be restrained from enforcing or implementing notice issued dated 12.06.2019 and order dated 13.02.2020.
	The notice issued to the plaintiff shows that plaintiff has unauthorizedly constructed 23 rooms on the first floor. Therefore, plaintiff was directed to restore the premises as per last approved plan.
	On going through the documents filed on record it reveals that the plaintiff has approach to the concerned office of the defendant / MCGM to regularized the work. As per the plaintiffs contention his regularization proposal is pending therefore, if the alleged structure demolished plaintiff will suffer huge loss.
	The defendant / MCGM has filed on record the copy of flow chart and on that basis submitted that the regularization proposal of the plaintiff was rejected on 15.04.2021 itself. I have gone through the documents filed on record, it shows that the regularization proposal of the plaintiff was rejected because of some documents were not attached by the plaintiff. So, plaintiff was directed to re-submit the proposal. Therefore, in my opinion at this prima facie stage, ad-interim stage of relief, the structure of the plaintiff needs to be protected till filing of detailed reply by the defendant / MCGM. The plaintiff has brought on record sufficient material to grant ad-interim relief in his favour. Considering this, I pass the following order.
ORDER
1.Ad-interim relief of prayer clause (a) of Notice of Motion No.1035 of 2020 is granted till next date.
2. Defendant / MCGM is directed to file reply till next date.
Authenticated copy of roznama be given to both the parties.
Adjd. To 18/04/2022 for reply to NM and Chamber Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present  and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 15/06/2022 for  reply to NM and Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. S. K. Bhosale for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. to 04/07/2022 for reply to NM and Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Matter pertains to CR. NO. 04.
Adv. Mr. S.K. Bhosale  for the plaintiff is present.
Adv. Ms. Tondwalkar for defendant/MCGM is present and filed reply-cum-WS. TOR. It is marked at Exh. 04.
She also filed list of documents. TOR. It is marked at Exh. 05. Copies are supplied to the other side.
Advocate for the plaintiff requested for time to file reply rejoinder. Granted till next date.
Earlier order, if any, to continue till the next date.
Adjourned for reply rejoinder/NM hearing to 15.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered rejoinder in N/M, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and has given say on Ch/S No. 356/2022 overleaf, TOR.
Earlier order, if any, to continue till next date.
Adjd. to 05/08/2022 for N/M and Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 26/08/202 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that short date may be granted as earlier order is there.
Adv. Hardik Desai for respondent filed reply to Ch/S, TOR. Copy is supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 07/09/2022 for Ch/S rejoinder/ Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered rejoinder in Ch/S, TOR. Copy is supplied to other side.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for respondent present.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for C/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. S. K. Bhosale for plaintiff present and requested time to aruge on N/M and Ch/S. Granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for proposed deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 26/09/2022 for N/M and Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Bramhne h/f Adv. S. K. Bhosale for plaintiff present and submitted that his senior Adv. is hospitalized hence, requested time to argue on N/M.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and opposed continuation of earlier order. However, considering the reason of ill health of the Adv. time is granted till next date.
None for proposed deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for N/M and Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that as per convenience of the plaintiff, matter kept today for N/M and Ch/S hrg. but none present for plaintiff. Hence, earlier order should not be continued. Hence, matter adjourned without continuing earlier order.
Adjd. to 25/11/2022 for N/M and Ch/S hrg.
L.O. 05.45 p.m.
Adv. S. K. Bhosale for plaintiff present and submitted that he was busy in Hon''ble High Court when matter was called out. Therefore, earlier order be continued. Hence, earlier order is continued with   direction to plaintiff to proceed with the N/M on next date otherwise necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd. to 31/10/2022 at 12.00 noon for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for proposed deft. No.2
Heard both sides on Ch/S No.356/2022.
Earlier order, if any, to continue till next date.
Adjd. to 04/11/2022 for order on Ch/S No.356/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Mr. Bhalerao h/f. Mr. Bhosle for plaintiff present
None for defendant/BMC
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Tejas Shah for proposed deft. No.2 present.
Heard arguments of Adv. for proposed deft. No.2 on Ch/S No.356/2022.
K.B.
L.O.
Same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for Ch/S order and N/M hrg.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
F.R.S.R. following order is passed on Ch/S No.356/2022-
O R D E R
1.     Chamber Summons No.356/2022 is allowed.
2.     The plaintiff to carry out necessary amendment in the plaint.
3.     The plaintiff shall served copy of amended plaint to defendants.
Earlier order, if any, to continue till next date.
Adjd. to 09/12/2022 at 12.30 p.m. for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: At 12.30 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. S. K. Bhosale for plaintiff present and tendered application for  seeking extension of time for amendment carried out in the Ch/S No.356/2022, TOR and marked as Exh.6. O - One week time granted in the interest of justice.
Adv. P. G. Chandasane h/f Adv. Hardik Desai for applicant present.
Rest of the same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 14/12/2022 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered affidavit of service, TOR.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for deft. No.2 present and requested time to file reply to N/M. Adv. for corporate opposed adjournment stating that injunction is running against the corporate and further submitted that on next date N/M will be heard. Hence, matter is adjourned till next date with direction that defendant No.2 to file reply to N/M on next date without fail. If defendant No.2 failed to file reply to N/M, necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd. to 21/12/2022 for N/M reply by defendant No.2/ N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. Bhosale for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for deft. No.2 present and tendered reply to N/M No.1035/2020, TOR. Copy is supplied to plaintiff and defendant No.1/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 04/01/2023 for service and reply to Ch/S and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Sunita Dubey h.f . Adv. S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1 /BMC is present.
Adv. Hardik Desai for Defendant No.2.
Earlier order, if any, to continue till next date.
Adjd. to 11/01/2023 for service and reply to Ch/S and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. S. K. Bhosale for plaintiff present and tendered register Ch/S No.2146/2022, TOR. Copy is supplied to Adv. for defendant No.2. Copy of Ch/S already served to defendant No.1/ BMC.
Adv. for plaintiff also tendered written arguments in N/M No.1035/2020, TOR and marked as Exh.7. Copy is supplied to other side and also tendered application for submission of documents, TOR and marked as Exh.8. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Churasama h/f Adv. Hardik Desai for defendant No.2 present.
K.B.
L.O.
Adv. Hardik Desai for defendant No.2 present and tendered pursis to adopt N/M reply as written arguments, TOR and marked as Exh.9. O - R and R.
Rest of the same appearance.
Heard Adv. for defendant No.1/ BMC on N/M No.1035/2020 and reply arguments by Adv. for plaintiff on N/M No.1035/2020
Earlier order, if any, to continue till next date.
Adjd. to 18/01/2023 for order on N/M No.1035/2020 and Ch/S reply.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present
F.R.S.R. following order is passed on N/M No.725/2020.
O R D E R
Notice of Motion No.725/2020 dismissed with cost.
L.O.
Adv. for plaintiff filed application for extension of ad-interim protection, TOR and marked as Exh.10.
Adv. for defendant/ BMC has given say overleaf by opposing said application. Said application has been kept for order on next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/01/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed below Exh.10-
O R D E R
1.       The plaintiff filed this application for stay of the order dated 11/01/2023 for 8 weeks enable to take further proceedings in the matter. The defendant/ corporation opposed application stating that this Court has held that the plaintiff is not entitled for interim injunction and N/M has been dismissed. Therefore, application may be rejected.
2.          Heard Adv. for both parties.
3.    It is matter of record that this Court by order dated 18/01/2023 dismissed N/M. The plaintiff seeking stay of the order. Adv. for the plaintiff submitted that earlier protection is continued till today and the plaintiff is intended to refer Appeal against dismissal of N/M. Appeal is a statutory right of the aggrieved party. Adv. for the plaintiff submitted that time is required to file Appeal and mean time there is apprehension of demolition of the structure by the corporation. Therefore, it is necessary to maintain status quo till filing Appeal. Hence, considering the facts of the case it will be just and proper to maintain position of the suit structure as on today. Hence, I pass following order-
O R D E R
1.     Corporation shall not take coercive steps in respect of suit structure for three weeks from today.
2.       The plaintiff is directed to register the suit and N/M till next date.
Adjd. to 03/03/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As Court is busy in hearing urgent ad-interim, N/M and passing orders in ad-interim reliefs, board is discharged.
Adjd. to 12/04/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. S.K. Bhosale for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and given say on C/S.
Adjd. to 17.07.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Advocate Latika h/f S.K. Bhosale for plaintiff present and seeks time to argue on Ch/s. Time is granted.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 09.10.2023 for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: None present for plaintiff
Advocate Khandagale h/f Surayavanshi for defendant /BMC present.
Adjd  to  06.11.2023   for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Today ch/s is kept for hearing but none present for plaintiff. Hence matter adjourned for dismissal of NM.
Adv for deft/BMC requested to keep back the matter
keep back
Later on. 4.15 p.m
when called none present for plaintiff.
Adv. for deft/BMC present.
Adjd  to  16.12.2023    for dismissal of ch/s
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
As court is busy in judgment and argument, due to paucity of time. Matter adjourned.
Adjd  to 17.02.2024    for  ch/s dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for plaintiff.
Advocate Jyoti Mhatre-Patil  h/f Suryavanshi for defendant/BMC present.
Adjd  to  20.04.2024   for  ch/s Dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: As court is busy in hearing on ad-interim relief, Board is discharged and matter adjourned.
Adjd  to  15.06.2024    for ch/s dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: None present for plaintiff.
Adv  Metakari for defendant 1/BMC present.
None present for D-2
The suit is of year 2020 and ch/s is pending since long for hearing but roznama shows that neither plaintiff nor his Adv remains present. Hence matter is kept for dismissal of ch/s but inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the ch/s. Hence ch/s No. 2146/2022 is dismissed for want of prosecution.
Adjd.  to   17.08.2024    for Hearing on issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None for plaintiff.
Advocate Pooja Nagarthawar for defendants/BMC present.
Draft issues not tendered by both the parties.
Adjd  to 07/12/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: None present for plaintiff
Advocate Honmane   for defendant/BMC present.
As Court is busy in Targeted matters, hence matter adjourned
Adjd  to 18.01.2025   for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri  for defendant/MCGM is present.
Adjourned for framing of issues to 04.04.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant No.1/MCGM is present. None present for defendant No. 2.
Adjourned for framing of issues to 09.07.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Exhibit 11 – Issues framed.
Adjourned for list of witness/R.E. to 20.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Rohit Jain h/f Adv. S.K. Bhosale   for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for List of witness/R.E.to 08.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for RE (No WS)dismissal to 24.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for RE.to 14.01.2026.
Later on at 11.31 a.m
Adv. Rohit Jain for the plaintiff is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Mr. Nandanwar h/f Adv. Vyavhare for defendant/MCGM is present.
Adjourned for RE. to 06.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, his NM stands dismissed on 18.01.2023, and since then he is not attending Court regularly. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2020. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-02-2026

CHAMBER SUMMONS/102146/2022
CHAMBER SUMMONS/100356/2022
NOTICE OF MOTION/101035/2020
NOTICE OF MOTION/101373/2026

Registration Number: 100531/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102310/2020
Filing Date: 18-02-2020
First Hearing Date: 02nd March 2020
Decision Date: 06th February 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE