Anjali Sendil alias Chandil ArjunVsMCGM

Date: 02-03-2019
Business: Adv. Sherekar for Plaintiff present and tendered draft N/m. T.O.R.
O - Leave granted to register the draft N/m.
Adv. Vyavhare for Defendant/MCGM present.
Order on ad-interim relief.
Perused application by N/m. For temporary injunction restraining the Defendant MCGM from enforcing notice dtd. 28.01.2019 and order dtd. 26.02.2019, documents annexed thereto and documents submitted by Defendant MCGM. I have also heard Ld. Advoctes for both parties at length.
The Plaintiff is heavily relying upon census receipt dtd. 18.07.2000 to point out that the suit premises is a protected structure under GR of Govt. of Maharashtra dtd. 16.05.2015. However, the said document is found doubtful by Asstt. Commissioner M/west and moreover the said document is not finding place in the list along with GR dtd. 16.05.2015. Another document relied upon by the Plaintiff is license under Shop Act, 2017. This document does not prove authenticity of the Suit premises. The Defendant has filed demolition report along with Photographs showing that the suit premises is demolished on 28.02.2019 with assistance of RPF P/stn. From all the aforesaid circumstances, the Plaintiff has failed to show    prima-facie that the Suit premises is in existence prior to 01.01.2000 or it is an authorized construction. The Photographs and demolition report clearly show that the Suit premises is already demolished. Therefore, no protection can be given to Plaintiff in terms of prayer clauses of the N/m. Hence, ad-interim relief is rejected.
Adjd. to 12.04.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Adv. Mr. Sherekar for Plff present and tendered original writ of summons and original registered N/M  No.1181/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adjd to 18/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: None for plaintiff.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Adjd to 04.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to  31-01-2020  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 16.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
 Matter adjd to 22.06.2020 for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv. Sherekar for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.1181/19. Time is granted till next date.
Matter adjd to 15/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for Plaintiff.
Adv. Mrs. Rawade h/f. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and request for time to file reply to NM.
Adjd. To 10/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Adv Sherekar 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.
Adjd. To 12/01/2022 for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022

Date: 12-01-2022
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.
Adjd. to 02/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Wrongly on board.
Already adjd. to 04/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Plaintiff and his advocate are absent.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 22/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: None for Plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested for time to file reply to NM. Time is granted till next date.
Adjd. to 12/10/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present  and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 21/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None for plaintiff.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 25/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply to N/M cum W/S, TOR and marked as Exh.2. Copy of plaintiff is kept in R and P.
Adjd. to 20/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Put up for dismissal of N/M.
Adjd. to 24/03/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: None present for plaintiff.
Adv. Suryavanshi for defendant/BMC present.
This matter is posted since long for hearing of notice of motion. However, since many dates neither plaintiff nor his advocate remain present. Therefore on previous date matter adjourned for dismissal of NM. However, none present for plaintiff. It shows that plaintiff is not interested to proceed with the NM. Hence, I pass the following order-
ORDER
Notice of Motion No. 1181/2019 stands dismissed for want of prosecution.
Matter adjd for draft issues to 19.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd to 30.09.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Exh.     Issues framed
Adjd  to 22.11.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2023

Date: 22-11-2023

Date: 05-02-2024
Business: None for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd  to 15/4/2024  for Plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Matter pending for evidence of plaintiff but today none present for plaintiff. Issues are framed on 30.09.2023. However roznama shows that none appeared for plaintiff. Hence matter adjourned and kept for dismissal of suit.
Adjd  to 20.04.2024   for Dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Today suit is kept for dismissal but none present for plaintiff . The suit is of year 2019 and issues are framed 30.09.2023 and adjourned for plaintiff evidence but plaintiff has not lead evidence. Hence matter is today kept for dismissal of suit but inspite of that none appeared 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: 20-04-2024

NOTICE OF MOTION/101181/2019

Registration Number: 100540/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102544/2019
Filing Date: 28-02-2019
First Hearing Date: 02nd March 2019
Decision Date: 20th April 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE