Date: 15-02-2018
Business: Advocate Mr.S. K. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Vakalatnama tendered by BMC/deft. t.o.r. O-filed.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the defendant temporarily from enforcing the notice dtd 2.06.2017 and speaking order dtd 24.07.2017 and notice dtd 9.02.2018 in respect of suit premises. t.o.r. Leave granted to register.
Heard. Perused documents. Prima facie from documents it reveals that the Plaintiff is the tenant over the suit premises. The Plaintiff has filed on record rent receipt of the year 1985 and document at page no. 16 showing rent paid from the 2016 to January 2018. It appears that while replying the notice, the Plaintiff has informed that he is the protected tenant in respect of notice structure. Admittedly notice issued u/s 351 of MMC Act, Ld adv for the plff has placed order passed by Hon\''ble High Court in appeal from order no. 712/1996.
Matter adjd to 16.02.2018 for ad-i
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 16-02-2018
Date: 16-02-2018
Business: Advocate Mr.S. K. Dubey for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft present.
Heard. Prima facie it reveals that the defendant has issued notice on 2.06.2017 and it was replied by the Plaintiff on 12.06.2017. Stand was taken by the Plaintiff is the protected tenant of the factory premises. There is one letter dtd 1998 placed by the Plaintiff addressed to the landlord for seeking permission for repairs. But, it is to be noted that Prima facie there is no documents produced by the Plaintiff showing that suit structure existing prior to 1.04.1962. It appears further that the Plaintiff has not made landlord of the suit premises as a party defendant. In view of notice issued and even further order passed, prima facie conduct of the Plaintiff is to procure the documents in respect of tolerated structure from the landlord. But, the Plaintiff has failed to do so and even in this background while --Matter adjd to 22.02.2018 for reply to N/M/w.st by the Defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2018
Date: 22-02-2018
Business: Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Draft Ch/s alongwith affidavit in support taken out by the Plaintiff for seeking amendment in the suit plaint. t.o.r. Leave granted to register.
Matter adjd to 1.03.2018 for service affidavit of Ch/s to proposed defendant no.2/ reply to Ch/s/ reply to N/M by the Defendant/ w.st by the defendant.
Next Purpose: REPLY
Next Hearing Date: 01-03-2018
Date: 01-03-2018
Business: As court is busy in dictating judgment. Hence board is discharged.
Matter adjd to 20.03.2018.
Next Purpose: REPLY
Next Hearing Date: 20-03-2018
Date: 20-03-2018
Business: As Court is busy in hearing Mediation matters. Hence, board is discharged.
Matter adjd. to 06.04.2018 for N/M hearing.
Next Purpose: REPLY
Next Hearing Date: 06-04-2018
Date: 06-04-2018
Business: The court is on leave.
Next Purpose: REPLY
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Business: Adv Mukesh Dubey for the plaintiff present and filed original ch/sum no.407/18 and original NM no. 807/18 alongwith affidavit t.o.r.
Adv Khandagale for the def/BMC present.
Adjourned to 05.09.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondwalkar for BMC present.
Court is busy in hearing HC expedited Notice of Motion in suit no.1528/15 and urgent applications, hence case is adjourned to 19/10/2018.
Next Purpose: REPLY
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Court is busy in hearing argument on Notice of Motions in suit nos.1406/17, 2215/17 and 1257/18, hence board is discharged and case is adjourned to 29/11/2018.
Next Purpose: REPLY
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Adv. Mukesh Dubey for Plaintiff present.
Adv. Bansode for respondent present and filed Vakalatnama
Exh. 3 and submitted that Plaintiff may be directed to provide copy of plaint to respondent. Hence Plaintiff is directed to provide the copy of plaint to respondent.
Advocate Ms. Hajare for BMC/Deft present.
Adjourned to 08.02.2019 for compliance i.e. for providing copy of plain to respondent.
Next Purpose: REPLY
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present.
Advocate Mr. Bansode for respondent present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file NM and Chamber Summons reply. Adjourned. Plaintiff is directed to serve copy of plaint upon proposed landlord/deft so that he will file reply on next date.
Case is adjourned to 18/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Advocate Mr. S.K.Dubey for plaintiff present.
Advocate Ms. Hajare for defendant/MCGM present.
Advocate Mr. Bansod for respondent present filed reply on Chamber Summons no. 407/18. TOR.
Heard advocates for both the parties.
The case is adjourned to 02.05.2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Jyoti Jadhav h/f adv. Bansode for applicant present.
Advocate Ms.Hajare for defendant/MCGM present.
Perused. Heard.
The plaintiff has taken out this Chamber Summons to add his landlord as defendant No.2 and to add the averments as per the Schedule to plead certain documents proving authorization of the suit structure.
The respondent in the Chamber Summons i.e. the landlord has pleaded in the reply that plaintiff is misguiding the Hon\''ble Court by suppressing material facts and therefore, it be allowed to join the suit.
The Roznama dated 16.2.2018, reveals that my predecessor has rejected the ad-interim relief. While rejecting the ad-interim relief one of the observations is that the plaintiff has not made the landlord as party defendant.
Considering these circumstances, I pass the following ORDER
1. Chamber Summons No.407 of 2018 is made absolute in terms of prayer Clause a and b.
2. Plaintiff to carry out the amendment on or before next date.
3. Plaintiff to serve writ of summons to newly added defendant.
The Case is adjd. To 16.07.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: None for plaintiff.
Advocate Ms.Mhatre for defendant/MCGM present.
The case is adjourned to 17.09.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: As Court is busy in hearing Chamber Summons in suit no. 1571/15, 1572/15, 5099/12, 6493/03 and 2363/19 and in hearing ad interim in ST no. 9928/19 also in dictating orders in Suit no. 1571/15, 1572/15, 6493/03. The case is adjourned.
The case is adjourned to 18.10.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate S.K.Dubey for plaintiff present.
Advocate Giri for defendant/MCGM present.
Adv. Bansod for defendant no. 2 present and submits that plaintiff has served private summons on defendant no. 2.
The case is adjourned to 09.01.2020 for filing reply/Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file W.S.
Matter is adjd. for W.S. on 19.03.2020.
LO
Adv. Mr. Bansod for deft no.2 present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv. Mukesh Dubey for plaintiff.
Adv. Ms. Mhatre for Deft.no.1/MCGM present, prayed for adjd. to file W.S.
Adv. Bansod for deft.no.2 present.
Matter is adjd. for W.S. on 25.06.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM , prayed for time to file WS.
Matter is adjd.to 26-02-2021 for written statement.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 26.04.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None is present for the plaintiff.
Adv. Mr. Khandagale for defendant No. 1/MCGM is present.
Adv. Jyoti Jadhav for defendant no. 2 is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 04.05.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted as a last chance.
Adjourned for NM reply and WS to 17.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant No. 1/MCGM is present and orally requested for time to file NM reply.
Adv. Mr. Sumit Bansod for defendant No. 2 is present and orally requested for time to file NM reply.
Sufficient time is already granted. Hence, their requests are discarded. The suit is posted for no reply no WS order against the defendants.
Adjourned for no reply no WS order to 07.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant No. 1/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded.
None present for defendant No. 2.
Adjourned for no reply no WS Order to 09.12.2022.
Next Purpose: ORDER
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant No.1/MCGM is present and orally requested for time to file NM reply WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for orders.
Adjourned for NM reply/No WS Orders to 30.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply.
Adv. Mr. Siddharth Nunes for defendant No. 2 is present and filed VP. TOR. It is marked at Exh.04. O- Filed.
The advocates for defendants requested for time to file NM reply and WS. Sufficient time is already granted. Hence, their request is discarded. The suit is proceeded without NM reply and WS of the defendants.
Adjourned for NM hearing (no reply) to 29.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
Adv. Mr. Raj Adhia for the defendant No. 2 is present.
Adjourned for NM hearing (no reply) to 09.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Mr. Mukesh Dubey for plaintiff present and orally requested for time to argue the NM. Time is granted.
Adv. Mr. G. O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Raj Adhia i/b TRD Associates for defendant No.2 is present.
Adjourned for NM hearing (No reply) to 11.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Raj Adhia i/b TRA associates for defendant No.2 is present.
Adjourned for NM hearing (No reply) to 09.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: PO in on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Shruti Shirke i/b KRD Associates for defendant No. 2 is present.
Adjourned for NM dismissal (no reply) to 24.01.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to proceed with the matter. Time is granted.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Ms. Shruti Shirke i/b KRD Associates for defendant No. 2 is present.
Adjourned for NM dismissal to 21.02.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the plaintiff is not in contact. It is, thus, clear that the plaintiff is not interested to proceed with the NM. Hence, NM No. 807/2018 stands dismissed in default.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Raj Adhia i/b TRD Associates for defendant No. 2 is present.
Adjourned for WS to 22.04.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: P.O. is on leave, hence adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant No.1/MCGM is present.
Adv. Ms. Ketki Pansare i/b TRD Associates for defendant No. 2 is present and sought time to file WS. Time is granted.
Adjourned for WS to 12.09.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant No.1/ MCGM is present. Adv. Ms. Ketaki Pansare i/b TRD Associates for defendant No.2 is present and sought time to file NM reply/WS. Time is granted.
Adjourned for WS to 11.11.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant No.1/ MCGM is present. Adv. Ms. Ketki Pansare i/b TRD Associates for defendant No. 2 is present and sought time to file NM WS. Time is granted.
Adjourned for WS to 15.01.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant No.1 /BMC is present and sought time to file WS. Adv. Ms. Ketki Pansare i/b TRD Associates for defendant No. 2 is present and sought short time to file WS. Hence, time is granted strictly as last chance for defendants.
Adjourned for WS to 12.03.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant No.1/BMC is present and sought time to file WS. Adv. Ms. Ketaki Pansare for defendant No. 2 is present and submitted that she has instruction talks of settlement are going on but advocate for plaintiff submitted that no instruction of settlement. The suit is pending since 2018. Hence, suit to proceed without WS of defendant Nos.1 and 2.
Adjourned for RE (No WS) to 13.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: None present for the plaintiff to proceed with the matter. Adv. Mr. Botlawar for defendant/BMC is present. Adv. Ms. Ketki Pansare for defendant No. 2 is present.
Adjourned for RE (plaintiff) to 18.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2025
Date: 18-07-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Mr. Botlawar for defendant No.1/BMC is present. Adv. Ms. Krita Mundra for defendant No. 2 is present.
Adjourned for RE to 19.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mr. Botlawar for defendant/BMC is present. Adv. Ms. Ketaki Pansare for defendant No. 2 is present.
Adjourned for dismissal to 12.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: The plaintiff in person is absent. Adv. Mr. Mukesh Dubey for the plaintiff is present and pray for short time. Adv. Mr. Botlawar for defendant No.1/BMC is present. Adv. Ms. Ketki Pansare for defendant No. 2 is present. Kept back.
Later on 12.22 p.m.
Order below Exhibit 1 :
Perused the record, today matter is fixed for passing dismissal of suit. Record shows that since long suit was pending for recording of evidence of plaintiff till last date. But, on last date same is posted for passing dismissal Order. Advocate for plaintiff pray for short time. Admittedly, since last 7 years, suit is pending before this Court. Hence, looking the fact and circumstance available on record, coupled with the approach of plaintiff towards the present suit, in my opinion no purpose would be served to keep the suit pending unattended. Hence, present suit is dismissed for want of prosecution.
The Original documents filed on record if any, be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 12-01-2026