Date: 08-03-2019
Business: Plff present and his Adv. absent.
Adv. Mrs. Vyavhare for MCGM/deft present.
On oral request of Advocate for Defendant, adjournment granted.
Adjd to 23/4/2019 for N/M reply.
LO at 3.35 p.m.
Adv. Ms. Seeta Yadav for Plff present and tendered registered N/M No.980/19. t.o.r.
Earlier order, if any, to continue till next date.
Already adjd to 23/4/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: (In-charge Court of C.R.No.8)
Adv. Ms. Seeta Yadav for Plaintiff present.
Adv. Vyavhare for Defendant/MCGM present.
Earlier order to continue till next date.
Adjd. to 27/06/2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Malashetty h/f Adv. Altaf Khan for plaintiff present.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 21.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: Due to holiday declared on 21-10-2019 for assembly election,
Adjd to 12-02-2020 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 12.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Pragya for plaintiff present.
Adv. Ms. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.980/19. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Matter adjd to 17/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Pooja Mishra for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Matter adjd to 14/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv Yash Mishra for plaintiff present.
None for defendant / MCGM (M/West Ward).
Plaintiff is directed to register the Suit till next date.
Adjd. To 04/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv Yash Mishra for plaintiff present and requests for time to file discharge application. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Adjd. To 26/11/2021 for filing discharge application by plaintiff / NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Matter is adjd to 12/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 13/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Adjd. To 24/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Plaintiff is directed to register the Suit till next date.
Adjd. to 14/09/2022 for N/M reply/ compliance by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
It appears that suit has been filed in the year 2019 but till today plaintiff has not registered the suit. Therefore, plaintiff is directed to register the suit till next date.
Adjd. to 23/11/2022 for compliance by plaintiff and N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged
Plaintiff is directed to register the suit till next date.
Adjd. to 22/02/2023 for compliance by plaintiff and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Court is busy in urgent N/M hearing, board is discharged.
Plaintiff is also directed to register the suit till next date.
Adjd. to 26/06/2023 for compliance by plaintiff and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted
Adjd to 14.02.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None present for plaintiff Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted. Adjd to 08.05.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 07.08.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 09.10.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in dictating Judgment in su No.547/2012 and HC expedited NM order, Board is discharged, hence matter adjourned.
Adjd to 02.12.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 10.03.2025 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file NM reply. NM is old one. Sufficient time is already granted. Hence, this request is discarded. NM is proceeded without reply.
Adjourned for NM hearing (No reply) to 27.06.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for dismissal to 01.08.2025
Next Purpose: DISMISSAL
Next Hearing Date: 01-08-2025
Date: 01-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Today matter was fixed for NM hearing wherein neither plaintiff nor his Advocate remain present. Hence, NM to proceed without their argument. Heard Ld. Advocate for defendant/MCGM on NM.
The following Order is passed in NM No. 980/2019.
ORDER
01 None appeared for the plaintiff when the NM was called for hearing.
02. Ld. Adv for defendant is present and she submitted that the suit structure is already demolished by following due process of law and therefore nothing survives in the cause. In the event she prayed for rejection of the NM.
03. Having scanned NM record it reveals that earlier ad-interim protection was granted in favour of the plaintiff. However, later on it was vacated by this Court vide Order dtd 30.07.2019. More and above now, the defendants fairly submitted before the Court that the structure is already demolished by following due process of law. In the light of such submissions I believe nothing survives in the cause. No any document countering aforesaid position is placed on record. With demolition of structure, I believe, there remains nothing surviving in the cause of action for the NM. In the event there is no substance to grant any substantial interim relief in favour of the plaintiff. The NM deserve disapproval. Ergo the Order :
ORDER
01. Notice of Motion No. 980/2019 is dismissed.
02. Notice of Motion No. 980/2019 is disposed of accordingly.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019 and registered as suit in 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 and 5 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 01-08-2025