Abdul Basit Gazdar S/o Ataur Rehman GazdarVsImran Sonarkar +3 more

Date: 27-03-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ms. Gonsalves for plaintiff present and filed drat notice of motion along with affidavit. Leave granted to register draft notice of motion. Copy served to other side.
D-1 in person present and seeks time to file reply to draft NM.  He waives the writ of summons and seeks time to engage advocate.
It appears from the documents filed with the suit that Suit no. 1073/2015 in respect of the same property ie wooden bakada is pending in C.R. no.6 where MCGM is a party and C.R. no.6 has granted injunction restraining the MCGM from taking any action against the said structure. In the present suit,  the plaintiff is seeking similar relief against D-1 on the ground that D-1 is trying to damage the same structure. Since the subject matter of both the suits is the same structure, it will be appropriate if both the suits are tried by the same Court. Hence office is directed to obtain appropriate orders from Hon\''ble Principle Judge for reassignment of this suit to C.R. no.6.
Time extended for writ of summons
Matter already adj. to 03.04.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Advocate for plaintiff present and filed registered NM No. 1426/19.
Advocate Mr. P. M. Khankar for defendant no. 1 to 4 is present and filed vakalatnama at Exh.2.
Adjourned for NM reply/hearing to 24.04.2019.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Plaintiff is present. His advocate is absent.
Advocate for defendant no. 1 to 4 is present.
Advocate for deft./MMC present.
Adjourned for reply/hearing on NM to 02.08.2019.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Plaintiff present, his advocate absent-
Advocate Mr- Sutar for defendant/BMC present-
Adjourned for reply to 16-10-2019
Next Purpose: REPLY
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Plaintiff is present, his advocate is absent.
Advocate Mr. Sutar for defendant/BMC is present.
Advocate for defendant no. 1 to 4 present and filed adjournment application at Exh. 03 for filling reply and W.S. Request is allowed.
Advocate for defendant/BMC requested they have not served writ of summons alongwith copy of plaint and copy of NM. It is hereby directed to the plaintiff and his advocate to furnish copy of plaint and copy of NM to advocate for defendants.
Adjourned for NM reply to 08.01.2020.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Advocate for plaintiff present.
Def. no. 1 is personally present.
His advocate is absent. He submitted that he has received the draft of N/M however has not received the number of registration of N/M.  He is informed the registration number as 1426 of 2019 which he has noted down.
Defendant no. 2 to 4 are served with N/M . They failed to file their reply.
Ld. Adv. for plaintiff requested for issuing writ of summons on all defendants.
O- Allowed.
Adjourned for Reply on N/M by def. no. 1, and report of writ of summons on all defendants to 09/03/2020.
Next Purpose: REPORT
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Plaintiff present and his advocate absent.
Advocate for defendant no. 1 present.
He filed reply to N/M
Copy served to other side.
Advocate Vyavahare for defendant/BMC present.
Adjourned for N/M Hearing to 10/06/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: As Court is on leave. matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. for for plaintiff present.
Adv. for Def/BMC Present.
Adjourned for N/M Hearing to 19/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. R. Gonsalwis present for plaintiff and sought adjournment.
Adv. absnet for MCGM/defendant.
Matter adjourned for nm hrg. to. 07/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv. Gonsalvis present for plaintiff and sought adjournment.
Plaintiff present.
Adv. Sutar present for MCGM/defendant.
Matter adjourned for nm  hearing to. 28/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: none present for plaintiff.
Adv. Vidya vyavahare present  for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for nm hearing to. 18/12/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Rebelo hf adv. Gonsalvis present  for plaintiff and sought adjournment.
Adv.  Sutar present  for MCGM/defendant.
Matter adjourned for nm hrg. to. 17/02/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Gonsalvis present for plaintiff and sought adjournment.
Adv. Vidya present  for MCGM/defendant no. 02.
Matter adjourned for nm hearing to 31/03/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Coram H.H.J. K.P. Kshirsagar City Civil Court, Mumbai.(C.R.08)
Matter pertains to C.R.05
Adv.Rebella for Plaintiff present.
Adv. Vyavhare present for defendant present.
Earlier order if any to continue till the next date.
Matter  adjourned for NM hearing to 04-08-2022
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: As court is busy.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Court is busy in judgment dictating in High Court Time Bound Matter i.e. Suit No.216 of 2012 and urgent hearing in Suit No. 1764 of 2022. Hence want of time board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: As P.O. is on leave. Hence matter is ajdj.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: As Court is busy in urgent hearing matters and dictating order matters. Hence want of time board is discharged.
Matter is adjd for NM hearing on 14-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: None for Plaintiff.
Adv. Mrs. Ravde for MCGM present.
D-1 present.
D-2 to D-4 are absent.
Matter adjourned as last chance for NM hearing.
Matter is adjd to 17.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Adv. Gonsalves for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
Ld. Adv. for plaintiff tendered writ of summons. TOR and marked at Exh. 4. O- Seen.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 19.10.2023  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Adv. Rebelow h/f Adv. Gonsalves for Plaintiff present.
Adv. P. M. Khankar for D-1 present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Ld. Adv. for D-1 has tendered draft NM under Order VII Rule 11 CPC along with affidavit in support. TOR.  O- Leave granted to register the NM. Copy be served to other side.
He has also filed written statement. TOR and kept for consideration.
Matter is adjd  to 21.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Trinity Rebello i/b Adv. Gonsalves for Plaintiff present.
Adv. P. M. Khankar for Defendants present.
Ld. Adv. For plaintiff has tendered registered NM No. 4226/23 along with affidavit in support.  TOR. Copy served to Ld. Adv. for plaintiff.
Matter is adjd  to 15.02.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Adv. Rebellow h/f Adv. Gonsalves for Plaintiff present.
Adv. Shridhar Patil a/w Adv. Vyavahare for defendant/BMC present.
Adv. P. M. Khankar for D-2 present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 18.04.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 06.07.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: None for Plaintiff.
D-1 present. His advocate is absent.
Adv. Sachin Vajale for defendant/BMC present.
On oral request of Ld. Adv. For defendant/MCGM matter is adjourned.
Matter is adjd  to 22.08.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: None for Plaintiff.
Adv. Vazale for Deft/MCGM.
Matter is adjd  to 19-10-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: None for Plaintiff.
Adv. P. M. Khankar for D-2 present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
The Ld. Adv. for D-2 has submitted that inspite granting several chance, the plaintiff has not filed reply to the NM. Hence, matter be kept for passing no reply order on NM No. 4226/23 against the plaintiff.
Matter is adjd to 16.11.2024 for passing no reply order against plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: None for Plaintiff.
Adv. P.M. Khankar for Defendants present.
Adv. Nandanwar for Deft/MCGM present.
Inspite the matter kept for passing no reply order, the plaintiff and his adv. are absent. Hence, in view of strong objection on the part of adv. for D-2, N/M. No. 4226/23 to proceed without reply against plaintiff.
Matter is adjd  to  10-12-2024  for hearing on N/M. No. 4226/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: Adv. Gonsalves for Plaintiff present.
Adv. P. M. Khankar for D-2 present.
Adv. Sachin Vajale for defendant/BMC present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 01.03.2025 for  hearing on NM No. 4226/23 (without reply of plaintiff.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2025

Date: 01-03-2025
Business: Adv. Eventa Gonsalves a/w Adv. Trinity Rebello for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 24.04.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Adv. Gonsalves for Plaintiff present and tendered draft NM along with affidavit in support along with reply.  Taken on record. O- Leave granted to register the NM.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 17.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: Adv. Gonsalves for Plaintiff present and tendered registered Notice of Motion No. 2968/25 along with affidavit in support. Taken on record.
Adv. Sachin Vajale for defendant/BMC present and requested for short adjournment. It is granted.
Adv. P. M. Khankar for D-2 present.
Matter is adjd  to 21.08.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: Adv.Pragati Khaire for Plaintiff.
Defendant No.1 present.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 07.10.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. R. L. Gonsalves for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 08.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Adv. P. M. Khankar for defendant present.
Matter is adjd to 26.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Adv. R. L. Gonsalves for Plaintiff present.
None for defendant.
Matter is adjd  to 16.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: The P.O. is on leave. Hence, matter is adj to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2026

Date: 04-07-2026
Business: None for Plaintiff.
Adv. P. M. Khankar along with D-1 present.
Adv. S. R. Yadav for defendant/MCGM present.
Matter is adjd to 28.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: CORAM HHJ SHRI V. V. KULKARNI AD-HOC JUDGE CITY CIVIL COURT C.R. NO.5
None for Plaintiff and defendant.
Matter is adjd  to 22.09.2026 for NM hearing.
Later on at 03.57 p.m.
Adv. R. L. Gonsalves for Plaintiff present.
                                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2026

NOTICE OF MOTION/104226/2023
NOTICE OF MOTION/102968/2025
NOTICE OF MOTION/101426/2019

Registration Number: 100683/2019
Transfer Date: 01-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 6 - COURT 06  ADDL. SESSIONS JUDGE

Registration Number: 100683/2019
Transfer Date: 06-04-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 102584/2019
Filing Date: 01-03-2019
First Hearing Date: 27th March 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE