Mr. Ramzan Ali Lais Mohammed Chaudhary +5 moreVsMr. Riyazuddin Rafiuddin Maniyar +1 more

Date: 25-02-2020
Business: By Precipe.
Adv. Mr. S.K. Dubey for plff., tendered draft NM along-with affidavit- Leave is granted for registration.
Adv. Mrs. Mhatre for deft./MCGM present.
Heard ld. adv. Mr. S.K. Dubey for plff, perused photographs from page nos. 39 to 54.  It is alleged that deft is intending to installs doors towards south and west side and his shed i.e. open space and access available to plff. and other localite.
It would be appropriate to proceed further order upon appearance of deft no.1. short service/ hamdast is allowed, plff may opt for EPSB.  Bailiff  to serve on priority basis.
Authenticated copy be given to both side.
Matter is adjd. for 28.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Mr. S.K. Dubey for plff., tendered registered NM no. 893/2020 along-with report of Deputy Sheriff that deft no.1 was not available, his brother Masihuddin Maniyar has refused to accept the summons.
Adv. Mrs. Mhatre for deft./MCGM present.
Exh.2- List of documents filed by Deft./MCGM.
Ad-interim order
Heard both side at sufficient length.  Adv. Mr. Dubey for plff. prayed for ad-interim injunction against deft no.1 to restrain from installation of Doors towards sought and west side.
In affidavit vide Exh.2 of Mr. Sunil Kalamkar along-with documents it is mentioned that as per inspection, notice u/s 354 (A) came to be issued on 08.02.2020.  Perused numerous photographs and various reports attached Exh.2.

MCGM has initiated the action, relief claim by plff. is already proceeded by the  MCGM, therefore, no relief at this juncture can be given.  It would be immature order to proceed for ad-interim relief.
Matter is adjd. for NM hearing and reply on
20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 31.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Advocate Mr. Mukesh Dubey for plaintiff is present with plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 06.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Mr. S. K. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present with officer Mr. Sunil Kolamkar, Jr. Engineer, B  F Department, L/ward and submitted that the defendant corporation has taken action against the defendant no.1.
Matter is adjourned for NM hearing to 10.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. Ms. S.K Dubey for plaintiff present with plaintiff no.1 and requested for short adjournment.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 17.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Mukesh Dubey for plaintiff present and requested for short adjournment.
Adv. Mhatre for deft./MCGM present.
Matter is adjourned for N/M hearing to 03.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Mr. Dubey for plaintiff present and requested short time for taking steps.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 16.03.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present and requested for short adjournment.
Adv. Ms. Tondwalkar h/f Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 14.06.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
NM 893/20	Adv. Mr. Khandagale for Defendant/BMC present.
	On oral request of Mr. Dubey to verify the status of structure, matter is adjourned for NM Hearing.  He is called upon to verify the status and ready with the matter on the next date so as to avoid further orders.
	Matter adj. to 17/12/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the plaintiff again requested for some time to verify the status of the structure. On the last date, on his similar request, the matter was adjourned. Hence, he is lastly called upon to file the report as regards the status of the structure. In case of failure, the suit would stand dismissed for want of compliance.
Adjourned for status report/dismissal to 11/02/2022.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: PO is on leave.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: adjd to
Next Purpose: REPORT
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for plaintiff.
None present for defendant No.1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Adjourned for report/dismissal to 30.07.2022.
Next Purpose: REPORT
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 28.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed this Court that the plaintiff is not in contact therefore, the NM may be dismissed.
Order below exhibit No. 01:
      The plaintiffs are absent to proceed with the matter and to file report as regards the status of structure, in view of the Order dtd. 17.12.2021. It is, thus, clear that they are not interested to proceed further with the suit and NM. In the result, NM No. 893/2020 is dismissed in default. The suit is posted for dismissal Order.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 14.11.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for the plaintiffs. The matter is kept back for dismissal in second session of the day.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
KB LO at 04:30 pm.
None present for defendant No. 1.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
Order below exhibit No. 01:
     Even today, the plaintiffs are absent to proceed with the matter. The record shows that since long, they are absent to verify and report as regards the status of notice structure. As such, it appears that they lost their interest in the matter. In the result, the suit stands dismissed in default. All the pending applications are, therefore, filed. The plaintiffs are called upon to bear costs of litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-11-2022

NOTICE OF MOTION/100893/2020

Filing Number: 102405/2020
Filing Date: 20-02-2020
First Hearing Date: 25th February 2020
Decision Date: 14th November 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE