Naeem Khan S/o Banne Khan +4 moreVsMCGM And Ors. +1 more

Date: 08-12-2020
Business: Adv. Mr. Asif Hussain h/f Adv. N. S. Acharya for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1/MCGM present.
Adv. D. N. Mishra for deft no.2 present.
Mr. Sunil Shetty, Secretary of deft no.2 is also present.
KB
Later On. At 12.30 pm.
Mr. Vinayak Babu Niwate, Senior Inspector (Encroachment),
N- Ward, MCGM, present.
Adv. for deft no.2 tendered affidavit in reply to NM No.106/2020. TOR. Copy served to plaintiff.
Advocate for deft no.1/MCGM tendered affidavit of documents. TOR and marked at Exh.3.
Copy is served to plaintiff and deft no.2.
Matter adjd to 10/12/2020 for Arguments on Ad-interim hearing at 11.30 am.
Next Purpose: HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv. Mr. Asif Hussain h/f Adv. N. S. Acharya for plaintiff present. Adv. Ms. Smita Chavan for deft no.1/MCGM present.
Adv. D. N. Mishra for deft no.2 present and tendered affidavit of list of documents. TOR and marked at Exh.4. Copy is served to plaintiff and deft no.1.Heard both sides on Ad-interim relief at length.Perused the plaint alongwith affidavit and documents. Perused NM alongwith affidavit. Perused reply filed the deft no.1 and 2 and documents. Plaintiff filed suit for mandatory injunction against the deft no.1 in the capacity as Corporation/deft no.2 in the capacity as society. By seeking relief to remove the obstructions/
encroachment done by the hawkers in front of shop no.1 to file as shown in the plaint and to insure that no obstructions would be cause by the hawkers to plaintiff\''s business. Whereas defendant strongly objected. It is stated by defendant that Unauthorised extension of their shop at the entrance of our society towards Khot Lane complete with overhead cover and extension on the sides. This is Society common area. The plaintiff have also placed their goods and materials which are to be removed immediately. The plaintiff have put unauthorised fixed grill next to the society gate thereby preventing unobstructed use of society Compound by its members. The plaintiff have also put potted plaints (about 30 in numbers) outside their shop and in the common area of Society which should be removed and kept inside your shop area. The said plants are in a dilapidated condition and not taken proper care off. At the back side of the society building the said members have modified the external toilet area and have put up a tap on the exterior of the building. The said common toilet has been integrated into the shop with access to the toilet from within. Both these unauthorised extensions have to be removed immediately and access to society common toilet be made available to all persons accessing the building and to society security personnel and housekeeping staff working for the Society.
After perusal of pleadings of  both parties to transpires that the following facts are not disputed.
1. The plaintiff is owner in possession of shop no. 1 to 5.
2. There is open space in front of shop no. 1 to 5 heading to J. V. Road.
       It is settled Law that one who seeks equitable relief in the Courts of law shall come with clean hands. Plaintiff should have capacity to stand on his own legs. In this particular case there are serious allegation of encroachment against plaintiff by covering the common area of society alongwith modification of external toilet area which is substantiated by the complaint filed by the deft no.2/Society dt. 04.09.2018 alongwith the notice to lawyer by deft no.2/Society  to the deft no.1.
     It is surprising to note that no action has been taken by Municipal Corporation about the serious allegation of encroachment/modification/obstruction at the hands of plaintiff. There are allegations of hand in gloves with plaintiff and deft no.1.  I have gone through sanction plan its shows that the south side of the suit premises which open towards J. V. Lane (Khot Galli) have open space between the road and shop of the plaintiff i.e. Suit premises. Whereas the developer has not completed his work of parking  in the basement area and therefore circular has been issued by deft no.2/Society on 06.10.2018 It is decided by society the security guard shall allowed the parking of vehicles of members, their tenants and visitors in the common compound at the ground floor of the society. In such condition considering the commercial structure of the whole building controlled by registered co-operative society i.e. defendant no.2. It would be temporary adjustment for the parking to the convenience of all members of the society including plaintiff and visitors. Therefore, there is no substance in the contention of the plaint at this stage to grant any relief in the favour of plaintiff. Plaintiff has not come with clean hands as BMC/ Corporation kept mum about serious allegation of encroachment/ illegal
construction/modification by the plaintiff in the suit premises without permission from the society as well as the corporation.
The relief of injunction against members of deft/society or other visitor in open place cant be granted, considering above such circumstances of case plaintiff have not made out prima-facie case of injuctive relief.
Therefore, I am inclined to pass following order-
ORDER
1)Prayer for ad-interim relief is rejected being devoid of merits.
2) Deft/ Corporation shall not take any coercive action against Suit premises for next three weeks in order to challenge this order to Hon\''ble High Court.
Authenticated copies be given to the both parties.
Matter adjd to 28/01/2021 for filing Reply to NM by deft no.1/MCGM.
Next Purpose: REPLY
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Devendra Mishra h/f Adv. N. S. Acharya for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1/MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.2.
Matter adjd to 20/03/2021 for filing NM Reply by deft no.1/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Pooja Mishra h/f Adv. Acharya for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adv. D. N. Misra for deft no.2 present.
Matter adjd to 29/04/2021 for filing reply to NM by deft/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv Yash Mishra h/f Adv Nitesh Acharya for plaintiff present.
Adv Rawade for defendant no.1 / MCGM present.
None for defendant no.2.
K.B. till 2.45 p.m.
L.O. at 3.05 p.m.
Adv Yash Mishra h/f Adv Nitesh Acharya for plaintiff present.
Adv Rawade for defendant no.1 / MCGM present.
None for defendant no.2.
On oral request of advocate for defendant no.1/ MCGM, time is granted till next date.
Adjd. To 21/09/2021 for filing reply to NM by defendant no.1/ MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1 / MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.2.
Adjd. To 25/11/2021 for filing reply by defendant no.1 /MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Robert D\''souza for Plaintiff present.
Adv Mrs Rawade for defendant No.1 / MCGM present.
Adv. D. N. Mishra for Defendant No.2 present.
Matter is adjd to 08/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2022

Date: 08-02-2022
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.
Matter is adjd to 29/03/2022 N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Pooja Mishra hf Adv. Acharya for pliantiff present.
Adv Mrs Rawde for defendant / MCGM no.1 present and seeks time to file reply to NM. Time is granted till next date.
Adv. Abhinav Mishra for deft no.2 present.
Adjd. To 14/07/2022 for filing reply by deft no.1/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Pooja Mishra h/f Adv. Nitesh Acharya for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present and requested time to file reply to N/M. Time is granted till next date as a last chance.
Adv. D. N. Mishra for deft. No. 2 present.
Adjd. to 18/08/2022 for N/M reply by deft. No. 1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022

Date: 18-08-2022

Date: 27-09-2022
Business: Adv. Pooja Mishra h/f Adv. Nitesh Acharya for plaintiff present.
Adv. Mrs. Rawade for defendant No.1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Shivam Singh for deft. No.2 present.
Adjd. to 01/12/2022 for N/M reply by deft. No.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Pooja Mishra h/f Adv. Nitesh Aacharya for plaintiff present.
Adv. Mrs. Rawade for defendant No.1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Shivam Singh for defendant No.2 present.
Adjd. to 28/03/2023 for N/M reply by defendant No.1/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Ms.Pooja Mishra h.f. Adv. Nitesh Acharya For plaintiff present.
Adv. Mhatre for defendant no.1 / BMC is present and requested for time to file NM reply. Time is granted as a last chance.
Adv. Mr. D. N. Mishra for defendant no. 2  is present.
Adjd. to 18.07.2023 for NM reply of defendant no.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: None present for plaintiff.
Adv D.N. Mishra for defendant No. 2 present.
Advocate Mhatre for defendant/BMC present and tendered reply to NM. Copy served upon defendant No. 2 and copy of plaintiff is kept in R & P.
Adjd  to 22.08.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Plaintiff present and seek time to argue NM as his advocate is absent. Granted.
Adv. D.N.Mishra for defendant No.2 present
Advocate Mhatre for defendant No.1/BMC present.
Adjd to 19.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023

Date: 28-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1/BMC present and has given
Adv. D. N. Mishra for deft No. 2
Today matter is kept for hearing but none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
Office is directed to register suit.
Adjd  to   16.12.2023 for Dismissal of NM
Next Purpose: NM 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: NM FOR DISMISSAL
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Advocate Yogesh Samant h/f Acharya for plaintiff present and requested time to argue NM. Granted.
Advocate Suryavanshi h/f Mhatre  for defendant No. 1/BMC present.
None present for deft No. 2
Adjd  to 30.01.2024    for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: As Court is busy in urgent Ad-interim hearing, Board Discharged, Hence matter adjourned.
Adjd  to  15.02.2024   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Advocate Acharya for plaintiff present and received copy of reply and requested time to argue NM.
Adv. D.N. Mishra for deft No. 2 present.
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
Adjd  to 07.03.2024  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: None present for plaintiff
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
None present for plaintiff, hence matter adjourned and kept for dismissal of NM.
Adjd  to 04.04.2024    for  Dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2024

Date: 04-04-2024
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 25/4/2024
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Advocate Pooja Mishra h/f Acharya for plaintiff present and tendered application for removal caption of dismissal of NM marked as Exh.   O- Other side to say
Advocate Mhatre for defendant/BMC present.
Adv. D. N. Mishra for deft No. 2 present and has given say on Exh… overleaf
O- In the interest of justice application is allowed.
Adjd  to  27.06.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate  Bushra Sayyed for plaintiff present and requested to keep back the matter. Hence kept back.
Advocate Metakari for defendant/BMC present.
Adv. D. N. Mishra for D-2 present.
keep back
Later on 4.07 p.m
Same appearance
Heard argument of both sides on NM.
Adjd  to 09.07.2024 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: None for the plff.
Advocate  Metakari for defendant 1/BMC present.
Adv. D.N. Mishra for deft. No.2 present.
Court is busy in High Court time bound suit and part heard matter.
Hence, Matter is adjd  to 10.07.2024 for order.
LO
Adv. Pooja Mishra h/f adv. Acharya for plff. present.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Ms. Mishra for plaintiff present.
None for N-Ward BMC
None for D/2
The Court is busy in hearing of arguments in time bound suits No.875/2012 to 887/2012-No time
Adjd. to 25/7/2024 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2024

Date: 25-07-2024

Date: 31-07-2024
Business: None present for plaintiff
Advocate Botlawar h/f  Metakari for defendant No.1/BMC present.
None present for D-2
As Court is busy in ch/s Order, due to paucity of time, hence matter adjourned.
Adjd  to 01.08.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: None present for plaintiff
Advocate Metakari for defendant No.1/BMC present.
None present for D-2
F.R.S. R. Following order is passed on Notice of Motion No. 1061/2020
ORDER
Notice of Motion is dismissed.
Adjd to  10.09.2024   for service of writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Advocate Pooja Mishra h/f Adv. Acharya for plaintiff present and seeking time for extension to serve writ of summons.
Advocate      Metkari     for defendant no. 1/BMC present.
Adv. Shivam Singh h/f Adv. B. M. Mishra for defendant no.2 present.
Adjd  to   05-11-2024   for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthawar h/f Swapnil Bharti  for defendant No.1/BMC present.
Adv. Shivam Singh deft No. 2
Adjd  to  30.01.2025    for service of writ of summons
Later on 4.00 p.m
Adv. Pooja Mishra for plaintiff present and tendered citation.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Pooja Mishra h/f Adv. Mr. Nitesh Acharya for plaintiff is present. Adv. Mr. Swapnil Bharti for defendant No. 1/MCGM is present. Adv. Mr. D.N. Mishra for defendant No. 2 is present and he waived service of suit summons.
Adjourned for W/S/ written statement to 08-04-2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Pooja Mishra h/f Adv. Mr. Nitesh Acharya for the plaintiff is present. Adv. Mr. Swapnil Bharti for defendant No.1/MCGM is present and sought time to file WS. Time is granted. Adv. Mr. D.A. Mishra for defendant No. 2 is present.
Adjourned for WS .to 17.07.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Pooja Mishra  for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant No. 1/MCGM is present.
Adv. Ms. Joshi h/f Adv. D.N. Mishra for def No. 2 is present.
It seems that despite opportunity WS is not filed  by defendant No. 1 and 2. in the interest of justice last opportunity is granted
Adjourned for WS/NO WS order to 13.11.2025
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant No. 1/MCGM is present.
Adv. Mr. D. N. Mishra for defendant No. 2 is present.
Adjourned for written statement by defendant No. 1 and 2 to 05.02.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Pooja Mishra i/b Adv. Acharya for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant No. 1/MCGM is present and requested, reply of NM No. 1061/2020 be treated as written statement vide pursis Exhibit. 6. Thus, the reply is treated as Written statement and marked as Exhibit 7.
Adv. Shivam Singh for defendant No. 2 is present and seeks time to file Written Statement. O- Granted.
Adjourned for written statement of defendant No. 2 to 07.03.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant No. 1/MCGM is present
None present for defendant No. 2, thus, no WS order has been passed against him. Hence matter adjourned for draft issue.
Adjourned for  draft issues to 25.06.2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff and his advocate absent.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for draft issue to 15.09.2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2026

Date: 15-09-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
As per circular No. 279/2026 dated 11.09.2026 issued by Honble Principal Judge City Civil Court that, holiday is declared on 15.09.2026 on account of Ganesh Chaturthi/Visarjan. Hence matter adjourned.
Adjourned for Draft issues to 09.12.2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-12-2026

Registration Number: 101352/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102390/2020
Filing Date: 20-02-2020
First Hearing Date: 08th December 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE