Final Order 1

Order Details: Other
Pdf Text: Date: 29.09.2023
29.09.2023
Sr. No. 1
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2332/10 Ms. Charulata Murjani, the representative of plaintiff is present in
person.
Adv. Mr. Aarti Sharma h/f Adv. Thorat for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present and requested time to comply with the Order of NM.
Sufficient time is already granted. The matter is more than 10 years
old. Hence, this request is discarded. The evidence side of
defendant No.1 stands closed. None present for defendant No.2.
The parties to file written submission on merits.
Adjourned for written submission on merit to 16.10.2023.
Judge
29.09.2023
Sr. No. 7
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 172/11 Adv. Mr. Mukesh Dubey for the plaintiff is present and requested
time to file written submissions on merit. Time is granted.
Adv. Ms. Dipanjali Mishra for defendant No. 1a to 1e is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.6/MCGM
is present. Rest of the defendants are absent.
Adjourned for written submission on merit to 18.10.2023.
Judge
29.09.2023
Sr. No. 8
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2944/13 Ms. Charulata Murjani, the representative of plaintiff is present in
person.
Adv. D.A. Thorat a/w Adv. Mr. Aarti Sharma for the plaintiff is
present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present and requested time to argue the matter.
None present for defendant No.2.
The parties to file written submission on merits.
Adjourned for written submission on merit to 16.10.2023.
Judge
29.09.2023
Sr. No. 9
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 4216/13 The plaintiff is present in person.
Adv. Ms. Nilam Lodha h/f Adv. Akhilesh Updhyay for the plaintiff is
present and requested time argue on merit. Sufficient time is
already granted. Hence, the plaintiff is called upon to file written
submissions on merit.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present. None present for defendant No.2.
Adjourned for written submissions on merit to 20.10.2023.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 10
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2577/13 Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and endorsed say on list of documents Exh.10.
Adjourned for consideration to 06.11.2023.
Judge
29.09.2023
Sr. No. 11
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1611/18 The plaintiff is present in person.
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and endorsed say on list of documents Exh.7.
Adjourned for consideration to 06.11.2023.
Judge
29.09.2023
Sr. No. 12
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1342/16 None present for the plaintiff.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.5/MCGM
is present. Rest of the defendants are absent.
The matter is more than 05 years old. The parties did not file draft
issues. Hence, the suit is posted for issues.
Adjourned for issues to 29.11.2023.
Judge
29.09.2023
Sr. No. 13
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1424/21 Adv. Mr. Bhosale for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to file WS. Time is granted.
The record shows that the draft NM is already disposed of and on
last occasion, the defendant informed about rejection of proposal
for regularization. As on today, no NM is pending on record. Hence,
there is no reason to extend interim Order in favor of the plaintiff.
The parties to note.
Adjourned for WS to 01.12.2023.
Judge
29.09.2023
Sr. No. 14
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 617/12 None present for the plaintiff to proceed with the matter.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present. The matter is more than 10 years old.
Adjourned for dismissal to 04.11.2023.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 15
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 294/16 Adv. Mr. Ravindra Singh for the plaintiff is present and requested
time to file documents. The matter is more than 05 years old.
Sufficient time is already granted. Hence, this request is discarded.
The suit is posted for dismissal Order.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present.
Adjourned for dismissal Order to 24.11.2023.
Judge
29.09.2023
Sr. No. 46
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 193/15 Mr. Sudhesh Kumar, Mr. Mohan Kumar and Mr. Kaushal Arun
Thakore, the representatives of plaintiff are present in person.
Adv. Mr. Sanjay Singh for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present.
Adv. Mr. Suhas Solaskar for defendant Nos. 2, 3a and 3b is present
and requested time to file say on documents. The matter is more
than 07 years old. Time is granted lastly.
Adjourned for admission denial to 20.11.2023.
Judge
29.09.2023
Sr. No. 32
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1423/21 Adv. Mr. Bhosale for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to file WS. Time is granted.
The record shows that the draft NM is already disposed of and on
last occasion, the defendant informed about rejection of proposal
for regularization. As on today, no NM is pending on record. Hence,
there is no reason to extend interim Order in favor of the plaintiff.
The parties to note.
Adjourned for WS to 01.12.2023.
Judge
29.09.2023
Sr. No. 5
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1873/14
NM 862/22
Adv. Mr. Batavia for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present. The Court is busy in other urgent matters.
Adjourned for Judgment to 12.10.2023.
Judge
Printing done.
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Date: 29.09.2023
27.09.2023
Sr. No. 1
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SC 92/22 APP Ms. Tendulkar for the State is present.
None present for concerned police station.
Accused is nor produced from JC.
Adv. Ms. Shakuntala Sharma for the accused is present. She
requested time to verify availability of surety as per bail Order.
Adjourned for RE to 13.10.2023.
Judge
27.09.2023
Sr. No. 2
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SC 266/22
Exh.33
APP Ms. Tendulkar for the State is present and requested time for
hearing on discharge application. Time is granted.
None present for concerned police station.
The accused are on bail and are absent.
Adv. Mr. Mayur Fariya a/w Adv. Harsal Salva for the accused is
present and filed their exemption application. TOR. It is marked as
Exhibit 33. O- Granted for today only.
Adjourned for hearing on discharge application by APP to
21.10.2023.
Judge
Printing done.
Afternoon
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Date: 29.09.2023
29.09.2023
Sr. No. 2
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2705/14
NM 3906/22
Exh.11
Adv. Mr. Raj Gupta h/f Adv. Kothare for the plaintiff is present and
filed application for change of caption. TOR. It is marked as
Exhibit 11. O- Considering the reasons, the caption is changed.
He tendered draft Ch/s. along-with affidavit. O- Leave is granted to
register till the next date. Copy is supplied to the other side.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/
MCGM is present.
Adjourned for tendering registered Ch/s./Ch/s. reply/NM hearing
to 03.11.2023.
Judge
29.09.2023
Sr. No. 3
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 43/15
NM 443/16
Adv. Mr. Rahul Singh for the plaintiff is present. On his request, the
caption is changed. He filed written submissions on NM. Copy is
supplied to the other side.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant to 08.11.2023.
Judge
29.09.2023
Sr. No. 16
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1864/15
NM 4777/22
NM 1850/20
The plaintiff is present in person and filed reply rejoinder in NM
No. 1850/2020. O- Filed. Copy is supplied to the other side. He is
called upon to supply copy to the remaining defendants.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present. Rest of the defendants are absent.
Adjourned for compliance/NM hearing to 10.11.2023.
Judge
29.09.2023
Sr. No. 17
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1913/15
NM 3439/15
Adv. Ms. Vaibhavi Pawar for the plaintiff is present.
Adv. Khandagale h/f Adv. Mrs. Chavan 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 21.11.2023.
Judge
29.09.2023
Sr. No. 20
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2261/17
NM 3368/17
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by deendant to 20.11.2023.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 21
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2511/18
NM 3719/18
Adv. Mr. Viraj Singh h/f Adv. Shailesh Pal for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant (No reply) to 22.11.2023.
Judge
29.09.2023
Sr. No. 24
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1372/19
NM 2052/19
Adv. Ms. Prasad for the plaintiff is present and requested time to
file written submissions on NM. Time is granted strictly as last
chance. In default, the NM would stand dismissed.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present. Mr. Ram Awadh Yadav, defendant No.2 is present in
person. His advocate is absent.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 24.11.2023.
Judge
29.09.2023
Sr. No. 29
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1258/16
NM 3637/19
Adv. Mr. Viraj Singh for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 24.11.2023.
Judge
29.09.2023
Sr. No. 30
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1692/18
NM 4859/18
Exh.9
Exh.10
Exh.11
Adv. Mr. Viraj Singh for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/
MCGM is present.
Adv. Ms. Ankita Karmokar is present for defendant Nos. 3, 6 and 7
and filed Memandum of appearance. TOR. It is marked as
Exhibit 9. O- Filed. She also file written statement for defendant
Nos. 3, 6 and 7. TOR. It is marked as Exhibit 10. O- Filed. Copy is
supplied to the other side. She further filed pursis, informing that
defendant Nos. 4 and 5 are no more. TOR. It is marked as Exhibit
11. O- Filed. The plaintiff is called upon to take steps.
She requested time to file NM reply. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for steps/NM reply to 04.12.2023.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 33
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1754/21
NM 2172/21
Adv. Mr. Bhosale for the plaintiff is present.
Adv. Khandagale h/f Adv. Mr. Tawakuli for defendant/MCGM is
present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 01.12.2023.
Judge
29.09.2023
Sr. No. 34
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 554/13
NM 208/17
NM 303/23
None present for the plaintiff.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/
MCGM is present.
F.R.S.R. Following Order is passed in NM 303/2023.
-: O R D E R :-
(i). Notice of Motion No. 303/2023 is made absolute in terms of
prayer Clause (a), (b) and (c) only. Accordingly, defendant
No. 3 is permitted to file Certified Copies of the pleadings in
Suit No. 3032/1998 and to proceed with NM No. 1363/2017
without further delay.
(ii). Sheristedar to get restored NM No. 1363/2017, disposed
of on 11.10.2022, to its original stage.
(iii). Notice of Motion No. 303/2023 is, accordingly, disposed of.
Adjourned for restoration of NM/filing of Certified Copies/NM
hearing to 01.11.2023.
Judge
29.09.2023
Sr. No. 41
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1443/16
NM 2654/16
Adv. Mr. Iftakhar Sayed h/f Adv. Rajesh Singh for the plaintiff is
present.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/MCGM
is present and requested time to file NM reply/WS. Sufficient time
is already granted. Hence, this request is discarded. The suit is
posted for passing no reply no WS Order against defendant No.1.
None present for defendant No.2. The suit is proceeded without
reply and without WS of defendant No.2.
Adjourned for No reply/No WS Order to 20.11.2023.
Judge
29.09.2023
Sr. No. 44
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 312/23
NM 319/23
Adv. Mr. Dharmesh Singh for the plaintiff is present and informed
that the proposal for regularization is pending with the defendant.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present and requested time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 08.12.2023.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 36
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 493/19
NM 954/19
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.
Judge
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Date: 29.09.2023
29.09.2023
Sr. No. 40
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1906/23
NM 2646/23
None present for the plaintiff.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present.
F.R.S.R. Following Order is passed in NM 2646/2023.
-: O R D E R :-
(i). Notice of Motion No. 2646/2023 stands dismissed.
(ii). Notice of Motion No. 2646/2023 is, accordingly, disposed of.
The record shows that till date, the interim protection was granted
in favor of the plaintiff and now, this NM is dismissed. Somehow,
today, the plaintiff and her advocate are absent. Hence, to facilitate
her right to file appeal, if she so desires, against this NM Order, the
interim protection, earlier granted in her favor, is extended for the
period of two weeks from the date of uploading of this NM Order
on CIS.
Adjourned for WS to 06.12.2023.
Judge
29.09.2023
Sr. No. 47
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 947/17
NM 1575/17
NM 1574/17
Ch/s. 2016/22
Adv. Mr. J.S. Yadav for the plaintiff is present. He informed that the
Order of costs is complied with and requested time to file Ch/s.
reply. Time is granted lastly.
Adv. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is
present. None present for the applicant in Ch/s.
Earlier order, if any, to continue till next date.
Adjourned for Ch/s. reply/NM hearing to 01.11.2023.
Judge
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Date: 29.09.2023
29.09.2023 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 2267/23
Exh.2
By Praecipe matter is taken on today's board.
Adv. Ms. Prasad for the accused is present and tendered draft NM
along-with affidavit. O- Leave is granted to register till the next
date. Copy is supplied to the other side.
Adv. Mr. Khandagale h/f Adv. Giri for defendant/MCGM is present.
He informed that the concerned Officer is not available today.
Adv. Mr. Priyank Shukla is present and filed V/P for the applicant in
Ch/s.. TOR. It is marked as Exhibit 2. O- Filed. He also tendered
draft Ch/s. along-with affidavit. O- Leave is granted to register till
the next date. Copy is supplied to the other side.
Heard both the sides on draft NM.
Following Order is passed after hearing the parties on draft NM :
01. Considering their submissions, here, it is notable that though,
the plaintiff replied the suit notice on 20.09.2023, it seems that no
Speaking Order is passed in this matter. Even the concerned Officer
is absent to make any statement in this regard. Consequently, there
is nothing to discard the plaintiff’s statement that he didn’t receive
any such Order. In view of this position, as the defendant is still to
pass the Speaking Order, it would be appropriate to proceed with
the matter only thereafter. Hence, the defendant is called upon to
consider the plaintiff's reply and to pass the Speaking Order as per
the law. During this time, the defendant/MCGM is restrained to
take coercive steps against the notice structure. This staying Order
would further continue to operate for the period of one week, from
the passing of the said Order, if it is adverse to the plaintiff. At the
same time, the plaintiff is directed to inform the prevailing status of
the notice structure, as on today, by filing affidavit and photographs
having digital details as regards its time, date and place. He is also
restrained to change, alter, modify this structure. Hence, this Draft
NM stands disposed of. The plaintiff to get registered this NM, till
the next date, for the statistical purpose.
Authenticated copy of this roznama be given to both the parties.
Adjourned for tendering registered NM (disposed of), Ch/s./Ch/s.
reply/WS to 11.12.2023.
Judge
Printing done.
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