Date: 30-03-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Advocate Ms.Smita chavan for BMC/Deft present and sought to time of NM reply .
Case is adjourned to 24/06/2016 for reply
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Adv. Mukesh Dubey for plaintiff present. Advocate Ms.Smita chavan for BMC/Deft present and sought to time of NM reply . Case is adjourned to 24/06/2016 for reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Advocate S.K.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 09.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: As Court is busy in dictating Judgment in suit no. 4994/12 and NM order in suit no. 745/16 and in hearing NM in suit no. 4592/12 and 4593/12 and also in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 15.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: As Court is busy in hearing NM in suit no.631/12 and 633/12, SU 2675/19 and chamber summons in suit no. 3122/10,947/17,2393/15, 2282/17 and also in dictating NM and Ch./s order in SU no. 1118/19 and 954/13 respectively. The Court is also busy in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 06.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Mr. Mukesh Dubey for plff present.
Adv. Mr. Giri for deft./MCGM present, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 21.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: CORAM-H.H.J. SHRI. K. P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. No.11)
None for plaintiff.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 18.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd. To 27.11.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Bipin Tiwari h/f S.K.Dubey plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 21.01.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 28.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Mr. Mukesh for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as last chance.
Adjourned for NM reply and WS to 25.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed original registered NM No. 954/2019 along-with affidavit. TOR.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 28.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 25.11.2022.
Next Purpose: ORDER
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Matter pertains to C. R. No. 11
Advocate Mr. Mukesh Dubey present for the plaintiff.
Adv. Mrs. J. V. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for No WS Order to 30.01.2023.
Next Purpose: ORDER
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 orally requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 15.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 06.05.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mrs. S.S. Chavan h/f Adv. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 10.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that there is no Speaking Order in this matter. He is heard on NM.
Adv. Ms. Rawade h/f Adv. Mr. Giri for defendant/MCGM is present and requested time to argue NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 11.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Heard both the sides on NM.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 29.09.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present.
Following Order is passed in NM No. 954/2019 :
01. By this suit, the plaintiff came with the specific case that the suit premises existed since long and he didn’t carry any illegal work of construction as alleged in the notice dtd.05.02.2019. Rather, the defendant misunderstood mezzanine floor as 1st floor. The plaintiff also replied the said notice on 11.02.2019. However, till date, no Speaking Order is passed in this matter. It is worth notable that this was the position even while passing of the ad-interim relief in favor of the plaintiff on 26.02.2019, which is continued till today. More so, as the defendant did not bother to contest this NM and the suit, the same proceeded ahead in absence of his reply and WS as per Order dtd. 30.01.2023. Thus, it is clarified that there is no change in the scenario prevailing while passing of ad-interim relief in favor of plaintiff. Needless to mention that having received a notice reply, the defendant was bound to consider the same and pass Speaking Order as per law, wherein he failed. This way, he failed to follow the due process of law while proceeding against the structure. On this backdrop, I am of the view that till he follows the due process of law the notice structure is to be protected. Hence, the Order :
-: O R D E R :-
01. Notice of Motion No 954/2019 is partly allowed. Accordingly, the defendant, his agents, his servants and anybody else claiming through him are hereby restrained to proceed against the notice structure, except by following the due process of law.
02. Notice of Motion No 954/2019 is, accordingly, disposed of.
Adjourned for RE (No WS) (LN) to 20.11.2023.
Nature Of Disposal: ALLOWED
Disposal Date: 29-09-2023
