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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Mani Anthony NadarVsMCGM

CNR MHCC0100234320184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd September 2026

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100465/2018
Registration Date
14 Feb 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

Case History / Proceedings

Case History
Date: 15-02-2018
Business: As Court time is over.
Matter kept on 16.02.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 16-02-2018

Date: 16-02-2018
Business: Matter pertains to C. R. No. 8
Mentioned by Preciepe.
Advocate Mr. Mohit Jadhav for the Plaintiff present.
Advocate Ms. Tadvi for BMC/deft present.
Vakalatnama filed by the BMC/deft. t.o.r. O-filed.
List of the documents tendered by BMC/deft. t.o.r. O-filed.
Reply cum Written statement tendered by BMC/deft. t.o.r. O-filed.
Draft N/M alongwith affidavit in support taken out by the Plaintiff restraining the defendant temporarily from enforcing notice issued u/s 351 of MMC Act dtd 6.12.2017 and impugned order dtd 10.02.2018 t.o.r. Leave granted to register.
Heard. Perused documents filed on the record. It appears prima facie that initial notice was issued on 17.04.2015 to the present plaintiff in respect of same suit structure for road widening and the plaintiff has filed on record circular of the Municipal Corporation dtd 20.03.2017. Perused circular. The circular is for policy guidelines for removal of bottlenecks, jam- held up missing links of DP roads, TP roads and RL etc...
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2018

Date: 20-03-2018
Business: Adv.Mr.Mohit Jadhav for Plff.present.
Adv.for plff tendered original Registered N/m No. 723/18 and also tendered writ of summons t.o.r.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.Mr.Andrews for applicant present.
He tendered draft Ch/s along with affidavit. t.o.r. Leave granted to register Ch/s.  Returnable on next date.
Adjd.for Ch/s reply on 26.06.2018.
Earlier order to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 26-06-2018

Date: 26-06-2018
Business: Adv. Mohit Jadhav for Plaintiff present.
Adv. Gharat for applicant present and tendered org. Ch/s. 599/18.
Adv. Mohit Jadhav tendered reply to Ch/s no. 599/18 and tendered joinder of NM 723/18.
Adv. Ms. Tadvi for defendant / BMC present.
Adjd. to 30.06.2018 for  Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2018

Date: 30-06-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present
Adv. Tadavi for  defendant / BMC present
Son of Appln. present.
Adjd. for Ch/s reply to 05.07.2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: Adv. Mr. Mohit Jadhav  for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adv. Mrs. Charudatta for applicant present.
O - Earlier order to continue till next date.
Adjd. to 07.07.2018 for Ch/s hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2018

Date: 07-07-2018
Business: Adv. Mohit Jadhav for Plaintiff present.
Adv. Kamble h/f Adv. Tadavi for defendant / BMC present.
Adv. Ms. Krishnappa for applnt. present.
Earlier order to continue till next date.
Adjd. to 10.07.2018 for Ch/s and NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adv. Mr. Kini for applicant for present.
Heard argument on Ch/s.
O - Earlier order to continue till next date.
Adjd. to 20.07.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 20-07-2018

Date: 20-07-2018
Business: Adv.Ms.Kamble for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Adjd.to 01.08.2018 for Ch/s order.
Earlier order to continue till next date.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-08-2018

Date: 01-08-2018
Business: Adv. Ms. Sarika Kamble for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Adv. Mr. Gharat for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 04.08.2018 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: Adv. Ms. Sarika Kamble for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adjd. to 13.08.2018 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv Sanika Kamble for plff present.
Adv Giri for BMC/deft present.
Earlier order to continue till next date.
Adjd to 23/08/2018 for order.
Next Purpose: ORDER
Next Hearing Date: 23-08-2018

Date: 23-08-2018
Business: Adv Sraita Kamble for plff present.
Adv Vyavhare for BMC/deft present.
Earlier order to continue till next date.
Adjd to 18/09/2018 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Adv. Mr. Mohit Jadhav for plaintiff present.
Adv. Mrs. Kamble h/f. Adv. Ms. Vyavhare for defendant/ BMC present.
Adv. Mr. Prajapati for applicant present.
Earlier order, if any, to continue till next date.
Matter adjd. to 15.11.2018 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Mr. Mohit Jadhav for Plff. present
Adv. Mrs. Vyavahare for Deft/BMC
Adv. Mr.Gharat for Applicant.
Earlier order, if any, to continue till next date.
Adjd to 06-12-2018 for Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 06-12-2018

Date: 06-12-2018
Business: CORAM H.H.ADDL.JUDGE SHRI. K.P.NANDEDKAR
(C.R.NO.11)
(Incharge Court of C.R.No.8)
Adv. Mr.Mohit Jadhav for Plaintiff present.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Matter adjd. to 25/01/2019 for ch/sum hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv Ms.Chaurasiya for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adv Gharat for applicant present.
Adjournment application filed by plff. It is TOR and marked as Exh.5.
Order - Granted.
Earlier order, if any, to continue till next date.
Adjd to 28/02/2019 for ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Matter pertains to CR NO.08
Advocate Ms. Megha for Plaintiff present.
Advocate Ms.Vyavhare for Defendant/BMC present.
Advocate Mr. Lalit Devadiga, CA of applicant present.
Earlier order to continue till next date.
Case is adjourned to 09/04/2019 for Chamber Summons / Notice of Motion hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Mr. Mohit Jadhav for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adv. Mr. Gharat for applicant present.
On oral request of advocate for Plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 4/7/2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Ms. Chourasiya for plaintiff present.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
Adv. Gharat for applicant present.
Kept back
L.O. at 3.35 p.m. C. A. Of applicant  namely Manish Devadiga is present and tendered rejoinder. Copy served to advocate for plaintiff.
Earlier order, if any, to continue till next date.
Adjd to 19.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Megha for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 16.10.2019 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Megha for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
None for applicant.
Applicant and his Ld. advocate are absent when the matter is called on for hearing at 02.55 p.m.  Hence C/S 599/18 kept for dismissal on next date.
Earlier order, if any, to continue till next date.
Adjd to 09-12-2019  for C/S dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Chaurasia  for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Prajapati  for applicant present.
KB
LO
Heard both sides
Earlier order, if any, to continue till next date.
Adjd to 10-12-2019 for Order
Next Purpose: ORDER
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Mohit Jadhav  for plaintiff present.
None for defendant/MCGM
Adv. Gharat h/f Adv. K. Andrews  for applicant present.
F.R.S.R. following order on C/S No. 599/18  is passed -
Order -
1) Chamber Summons No. 599 of 2018 is allowed and made absolute in terms of prayer clause (a).
2) The plaint be amended accordingly and writ of summons be served to the newly added defendant on or before next date.
LO
Adv.   Chaurasia for plaintiff present.
Upon request of Ld. adv. for plaintiff, above order is stayed for 3 weeks from today.
Earlier order, if any, to continue till next date.
Adjd to 16-03-2020  for compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 20.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020

Date: 11-05-2020
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: COMPLIANCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Adjourned due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: (Matter pertains to C.R.No.8)
None for Plaintiff.
Adv. Mr. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 08/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. P. N. Kulkarni for plaintiff present and tendered VP, TOR and marked at Exh.6.
Adv. Khandagle for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/04/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv. Mr. P. N. Kulkarni for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 08/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv P.N. Kulkarni for plaintiff present and seeks time to carry out the amendment. Time is extended to carry out the amendment in the interest of Justice.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 18/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office Order No.213/2021 dated 12/10/2021, holidays are declared on 16/10/2021 and 18/10/2021. Hence, board of dated 18/10/2021 is discharged and mater is adjourned to 27.11.2021.
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. P.N. Kulkarni for Plaintiff present and seeks time to carry out the amendment. Sufficient time is given to the Plaintiff for compliance, but goes in vain. Therefore, Plaintiff is directed to carry out amendment on or before next date otherwise further order will be passed against Plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. Gharat h.f. Adv. K. Andrews for applicant present.
Earlier order, if any, to continue till next date.
Matter is adjd to 20/12/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Plaintiff present. His advocate absent.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
Adv. Mahamuni for Defendant No.2 present.
Earlier order, if any, to continue till next date.
Matter is adjd to 21/02/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Matter pertains to C.R. No.08
Plaintiff present. His advocate is absent.
None for defendant no.1 / MCGM.
Adv. Mahamuni for Defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 16/03/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Kulkarni for Plaintiff present.
Adv Mrs Tondwalkar for defendant no.1 / MCGM is present.
Adv. Mahamuni for Defendant No.2 present.
Adjd. To 15/06/2022 for NM reply.
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. Mr. Keyul Kulkarni for plaintiff present.
None for defendant No. 1/MCGM.
Adv. Mr. Gharat for defendant No. 2 present.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. P. N. Kulkarni for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
Adv. Gharat for deft. No. 2 present.
K.B.
L.O.
Same appearance.
Adv. for deft. No. 2 tendered reply to N/M, W/S- marked as Exh. 7 and list of documents-marked as Exh. 8. Copies are served to other side.
Earlier order, if any, to continue till next date.
Adjd. to 22/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Kulkarni for plaintiff present and seeks time to file rejoinder as a last chance. Time is granted till next date.
None for D/1.
Adv. Mrs. Tondwalkar for D/2 BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for rejoinder and NM hearing.
L.O.
Adv. Gharat for D/1 present.
Next Purpose: REJOINDER
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Mahamuni for deft. No.2 present.
K.B. for hrg.
L.O.
Adv. Kulkarni for plaintiff present and tendered rejoinder No.723/2018, TOR. Copy is served to deft. No.1 and copy for deft. No.2 is kept in R and P.
None for deft. No.2
Earlier order, if any, to continue till next date.
Adjd. to 12/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. P. N. Kulkarni for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Mahamuni for deft. No.2 present and received copy of rejoinder.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. P. N. Kulkarni for plaintiff present and requested time argue on N/M. Time is granted till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Mahamuni for deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 14/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Plaintiff present, his advocate absent.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Mr. Ganesh Javhadikar, C.A. of defendant No.2 present and submitted that his advocate is not available today. Hence, adjourned.
Deft. No.2 and his Adv. absent.
Earlier order, if any, to continue till next date.
Adjd. to 13/01/2023 for N/M hrg.
L.O.
Adv. Kulkarni for plaintiff present.
Alreadu adjd. to 13/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. P.N. Kulkarni for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. J. S. Kini for defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 30/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. P. N. Kulkarni for plaintiff present.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Gharat for defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 03/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. Kulkarni for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Mhatre h/f Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
Adv. Gharat for defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 05/04/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. P.N.Kulkarni for plaintiff is present.
Adv. Suryavanshi for defendant no. 1 / BMC is present.
Adv. Gharat for defendant no.2 is present.
KB
LO
Same appearance.
Heard advocate for plaintiff and defendant no. 1 BMC on NM No. 723/2018. On oral request of advocate for defendant no.2 matter is adjourned till next date.
Adjd. to 19/04/2023 for argument of defendant no. 2 on NM 723/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant no.1/ BMC is present.
Adv. Gharat for defendant no.2 is present.
KB
LO
Adv. Kuyul Kulkarni h.f. Adv. P.N. Kulkarni for plaintiff present.
Adv. J.S. Kini a/w Adv. Gharat for defendant no.2 is present.
Heard advocate for defendant no. 2 on NM No. 723/2018.
On oral request of advocate for plaintiff matter is adjourned.
Adjd. to 28.04.2023 for reply argument of Plaintiff on NM (at 12.30 P.M.)
Next Purpose: NM  P.H.
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: Adv. P.M. Kulkarni for plaintiff present.
Plaintiff present.
Adv. Mr. Suryavanshi for defendant no. 1/ BMC is present.
Adv. Mr. Ghart for defendant no. 2 is present.
Heard reply argument of Advocate of Plaintiff on NM
Earlier order, if any, to continue till next date.
Adjd. to 03.05.2023 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mr. P.N. Kulkarni for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
F.R.S.R. following order on N/M No. 723/2018  is passed -
O R D E R
NM No. 723 OF 2018 is dismissed.
LO at 4.25 P.M.
Adv. for plaintiff filed application for continuation of earlier order. TOR and marked as Exh-9. O- Other side to say.
Adv. Mr. Suryavanshi for defendant/ BMC filed say on Exh-9.
Heard both side on Exh-9.
ORDER BELOW EXH-9
1.    The plaintiff has filed application for stay to implementation of notice and speaking order for 8 weeks. It is stated that plaintiff intends to challenge order refusing ad-interim relief. The time will be required for preferring appeal. Meantime, if implementation of notice is not stayed, there is possibility of demolition of notice structure by defendant/Corporation.
2.      Corporation strongly opposed application stating that ad-interim relief has been refused and corporation has followed due process.
3.      Heard Adv. for the parties. Ld. Counsel for the plaintiff submitted that if the impugned order and speaking order is not stayed corporation will demolish structure and in that case purpose of filing suit and appeal would be defeated. The plaintiff intended to challenge order refusing ad-interim relief.
4.       It is matter of record that ad-interim has been refused. The plaintiff intended to challenge order refusing ad-interim relief. The appeal is the statutory right of the party aggrieved by the order. Therefore reasonable opportunity should normally be given to the aggrieved party as permissible in law. It is apprehension of the plaintiff that if implementation of the notice is not stayed, there is possibility of demolition of notice structure and in that event object of filing suit as well as appeal would be defeated. Therefore, considering the submission made by Adv. for the plaintiff and judgment relied by advocate for plaintiff I pass following order-
O R D E R
Corporation shall not take coercive action against notice structure for Three weeks from today.
       The plaintiff is directed to register the suit till next date.
Authenticated copy of the Roznama be given to both the parties.
Adjd. to 19.07.2023 for NO W.S. order.
Next Purpose: ORDER
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: 2
Dt:19.07.2023
SU  465/18
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Adv. Gharat for defendant No. 2 present.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 07.10.2023    for  Hearing on draft issues
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None present for plaintiff
Adv. Gharat for deft NO. 2 present and tendered draft issues  TOR copy of plaintiff kept in R & P.
Advocate Mhatre for defendant/BMC present.
Heard argument of adv for deft NO. 2 on framing issues.
Exh. …...Issues are framed
Adjd for  08.11.2023    to  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: None present for plaintiff
Adv. Gharat for Deft No. 2 present.
Advocate Suryavanshi  for defendant No. 1/BMC present.
Today is first date of evidence. Matter adjourned.
Adjd  to 13.12.2023    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Plaintiff present-Adv. Absent
Advocate Mr. Suryavanshi for D-1/BMC present
Adv. Ms. Vani for D/2 present
Plaintiff requested time to file evidence-Granted.
Adjd  to 7/2/2024 for plaintiff’s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Advocate Kulkarni for plaintiff present and requested time to file evidence. Granted.
Plaintiff also present.
Advocate Suryawanshi  for defendant/BMC present.
Adjd  to 10.04.2024 for  Plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Plaintiff present and submitted that his Adv expired on last week and requested for adjournment.
Advocate Suryavanshi  for defendant No. 1/BMC present.
Adv. Gharat Deft No. 2 present.
Adjd  to    19.06.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Plaintiff present and submitted that he could not engaged new advocate and requested time, hence matter adjourned
Advocate  Vywahare  for defendant No. 1/BMC present.
Deft No. 2 present.
Adjd  to 12.08.2024   for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Advocate Keyur P. Kulkarni for plaintiff present and tendered VP marked as Exh. 11 and requested time to file evidence.  Hence matter adjourned
Advocate Honmane   for defendant No. 1/BMC present.
Adv. Tajne for deft No. 2 present.
Adjd  to 20.09.2024   for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff present and submitted that his Adv is not present today and requested for adjournment.
Advocate  Honmane   for defendant No. 1/BMC present.
Adv. Tajne for deft No. 2 present
Adjd  to 22.11.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
None present for plaintiff to proceed the matter, which is more than 5 years old. Hence, it is posted for dismissal. Adv. Ms. Sangita Honmane for defendant No.1/MCGM is present. Adv. Mr. Vishal Natekar defendant No. 2 is present.
Adjourned for dismissal to 27.01.2025.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. His advocate is absent. He filed affidavit of service. Taken on record. It is marked as Exhibit 12. O- Read and Recorded.  He also filed list of documents. Taken on record. It is marked as Exhibit 13. O- Filed. Copy is supplied to other side.
Adjourned for admission and denial/R.E.P.H to 19-03-2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Keyur Kulkarni for the plaintiff is present. He sought time  to supply copy of list of documents to defendant No. 2. Granted. Adv. Ms. Sangita Honmane for defendantNo. 1/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 2 is present.
Adjourned for Compliance/admission denial/R.E.P.H. to 09.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. His Advocate is absent.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
C A of Defendant No. 2 is present.
Adv. Mr. Hanuman Tajne a/w Adv. Mr. Narendra Gharat for defendant No. 2 present.
Appeal From Order No. 385/2023 with interim application No. 4648/2023 is pending before Hon’ble Bombay High Court.
Adjourned for Compliance/Admission denial/R.E. P.H.to 10.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. His Advocate is absent.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 2 is present
Adjourned for Compliance/Admission denial/R.E. P.H.to 12.11.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2025

Date: 12-11-2025
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.
Adv. Mr. Narendra Gharat for defendant No. 2 is present
Adjourned for say on Compliance/Admission denial/R.E. P.H.to 12.01.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant/MCGM is present.
Adv Narendra  Gharat for defendant No. 2 is present.
Adjourned for compliance/R.E.to 27.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None for plaintiff.
Adv Gharat for defendant No.2 present.
Adv Ms. Vidya Vyavahare for defendant/MCGM is present.
Adjourned for say on compliance/admission and denial/RE PH to 15.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2026

Date: 15-06-2026
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.
Adv. Hanumant Tajne h/f Adv. Mr. Gharat for defendant No. 2 is present.
Adjourned for RE.to 02.09.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Gharat for defendant No. 4 is present
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. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2018. 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: 02-09-2026

Additional Case Details

Additional Case Details
Filing Number: 102623/2018
Filing Date: 14-02-2018
First Hearing Date: 11th April 2018
Decision Date: 02nd September 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

2
Final Order 1
02 Sept 2026
Order Details: Other
Pdf Text: 6 Dt:02.09.2026
SU 465/18
CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Gharat for defendant No. 4 is present
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. As plaintiff is not
attending the Court, it means, he is not keenly interested to
proceed. Suit is pending since 2018. 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.
Judge
-- 1 of 1 --
Order 1
02 Sept 2026
Order Details: Other
Pdf Text: 6 Dt:02.09.2026
SU 465/18
CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Gharat for defendant No. 4 is present
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. As plaintiff is not
attending the Court, it means, he is not keenly interested to
proceed. Suit is pending since 2018. 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.
Judge
-- 1 of 1 --

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