Mr. Mohammed Farooque +1 moreVsMCGM

Date: 21-02-2018
Business: photograph and inspection report in respect of the suit premises when notice was issued u/s 354 A of MMC Act. Adv for Defendant has submitted that notice issued and order passed is by the designated officer only. It is pertinent to note that prima facie it reveals that notice and order seems to be issued by the person \''for\'' Designated Officer Asst. Eng.(B and F)\''L\'' ward. But, basically notice and order is to be issued and passed by designated officer Asstt. Eng. (B and F)\''L\'' ward.  In the facts and circumstances, \''parties to the suit are directed to maintain status-quo in respect of suit structure\'', in view of photographs filed on record by the Plaintiff today, till filing reply by the Defendant.
Matter adjd to 12.03.2018 for N/M reply/ w.st by the Defendant.
Next Purpose: REPLY
Next Hearing Date: 12-03-2018

Date: 12-03-2018
Business: Advocate Mr. Surve for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft. present.
Earlier order to continue till next date.
Matter adjd to 3.05.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: None present for the Plaintiff.
Advocate Mr. Khandagle for BMC/deft present.
Advocate for the Defendant seeks adjournment for filing reply to N/M and w.st. Granted as a last chance with directions that failure to file reply and w.st, further orders will be passed against the Defendant.
Earlier order to continue till next date.
Matter adjd to 7.08.2018 for reply and w.st by the defendant/ passing no reply and w.st order against the Defendant.
Next Purpose: REPLY
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: REPLY
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Advocate for Plaintiff present.
Court is busy in hearing and dictating order in respect of urgent application as well as daily board urgent matters, hence board is discharged and case is adjourned to 26/11/2018.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Advocate for Plaintiff present.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 23/01/2019 for hearing of Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Court is busy in hearing Notice of Motion in suit nos.231/15, 236/15 and 284/15 as well as court has to hear NM in suit no.1979/18, hence case is adjourned to 09/04/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Ms. Hajare for MCGM/Deft present.
As court is busy in hearing Suit no. 2310/17 and St. No. 545/19 and suit no. 337/14 hence board is discharged.
Adjd. To 25.06.2019 for NM reply.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: None for plaintiff .
Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 13.08.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 10.10.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 04.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Surve for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM Reply on 05.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Surve for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 30.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: Due to Ganpati Festival matter adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2021

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjd.to 22.02.21 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 21.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present for Plaintiff.
Adv. Mr. Khandagale for Defendant/MCGM present.
On oral request adv for the defendant to file NM reply.
Adjourned for NM reply to 07/02/2022 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: In view of the Office Order No. 27/2022 dtd. 06/02/2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/02/2022 of Hon\''ble Bombay High Court, declared holiday on 07.01.2022, due to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.
Earlier order if any, to continue till the next date.
Hence, matter is adjourned to 19.03.2022 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandaglae for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded and it is proceeded without NM reply.
Adjourned for NM hearing (No reply) to 29.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent to proceed with the  NM and to tender registered NM on record. Hence, the matter is posted for NM dismissal.
Adjourned for NM dismissal to 24.08.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for NM dismissal to 31.10.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for NM dismissal to 02.01.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The plaintiffs are absent to tender registered NM, though received on 21.02.2018. Sufficient time is already granted, but in vain. It is, thus, clear that they are not interested to proceed with the NM. Hence, the un-tendered NM stands dismissed in default. They are directed to file the same till the next date. In default, the suit would stand dismissed.
Adjourned for tendering registered NM/suit dismissal to 22.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: None present for the plaintiffs. The matter is kept back.
Adv. Mrs. S.G. Chavan h/f Adv. Khandagale for defendant/MCGM is present.
KB LO at 12:56 pm.
Order below exhibit No. 01:
    The record shows that the plaintiffs are absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. They did not file the registered NM No. 818/2018, dismissed in default on 02.01.2023, even after specific directions. Nor, any stay order is communicated on the record. The suit is more than 5 years old. It is, thus, clear that they are not worried to proceed further with the suit. In the result, the suit is dismissed for want of prosecution on their behalf. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-02-2023

NOTICE OF MOTION/100818/2018

Filing Number: 102859/2018
Filing Date: 20-02-2018
First Hearing Date: 17th April 2018
Decision Date: 22nd February 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE