Date: 08-03-2019
Business: Court is on leave. Hence today board is on leave. Matter adjd. to 11-03-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Advocate Mr. V.T. Dubey for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for Defendant present and filed list of documents Exh.2.
Advocate for Plaintiff filed additional affidavit in support, t.o.r.
Heard. Perused documents annexed to the plaint and photographs filed by Plaintiff today with additional affidavit. Perused documents filed by BMC with short affidavit filed in support of documents. Admittedly, BMC has demolished some portion of notice structure after issuing disputed notice. The photographs of demolished structure filed by BMC on record make it clear that walls of first floor from notice structure are demolished. Assessment bill filed by Plaintiff even though show the first assessment date as prior to 61-62. Said assessment bill is related to the property which was having tiled shed and Plaintiff is claiming protection about first floor. In such circumstances, it was expected that Plaintiff should have produced on record the documents about authenticity of first floor from notice structure. Repair permission filed at page no.50 of the plaint shows that permission for removing Menglore tiles roof of shed was granted. Any how documents filed on record are not showing authenticity of notice structure and already walls of notice structure are partly demolished by BMC. In such circumstances I find that ad-interim relief can not be granted, even though notice structure as contended by Plaintiff is in slum area. It is made clear that NM will be decided on merits after filing detailed reply by BMC.
Case is adjourned to 29/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Court is busy in dictating judgment in suit no.6630/06, hence case is adjourned to 08/07/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: As Court is busy in hearing Notice of Motion in Suit no. 163/15, 1086/15 and passing orders in Suit no. 2158/14 and 762/12 also in dictating Judgment in suit no. 1109/10. The Board of afternoon session is discharged.
The case is adjourned to 31.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: As Court is on leave. Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
The case is adjourned to 11.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Mr. V.T. Dube for plaintiff present.
Advocate Ms. Chavhan for defendant/MCGM present.
Matter is adjd. for NM reply on 24.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Mr. Rashid Ansari for plff., tendered registered NM no. 499/2020.
Adv. Mrs. Chavhan for deft./MCGM, submit that registered NM is not served on deft.
Matter is adjd. for NM hearing on 27.04.2020.
Writ received from Hon\''ble High Court.
D.D. (AO) No. C0703453, dtd. 15.02.2020.
City Civil Inward no. 2218, dtd. 20.02.2020.
Appeal from order no. 895/19 with Civil Application no.
1067/2019 (for injunction)
P.C.
In view thereof, till the said Notice of Motion no. 499/2020 is decided by the Trial Court, ad-interim relief granted by this court by its Order dtd. 29.03.2019 shall continue. The ld. Judge of the Trial Court seized of Notice of Motion no. 499/2020 in suit no. 606/19 is requested to expedite the hearing of the said notice of motion and conclude hearing of the same within a period of four months from the date of receipt of this order.
Matter is adjd. for NM hearing on 27.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Due to Covoid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. N. Dubey for plaintiff , prayed for adjournment.
Adv. Mhatre h/f Adv. Tondwalkar for deft./MCGM , prayed for time to file reply.
Plaintiff to note in view of order in AFO 895/19, it is time
bound matter. Hence, argue positively on next date.
Matter is adjd.to 10-12-2020 for Reply /NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM , prayed for time to file reply.
Matter is adjd.to 22-12-2020 for NM Reply/Hrg.
Judge
LO
Adv. V. T. Dubey for plaintiff present.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Rashid Khan for plaintiff present.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd.to 07-01-2021 for NM Hrg.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Mr. Dubey for plaintiff present and filed draft Ch/s. O-Leave is granted to register the Ch/s.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Matter is adjd. for ch/s reply/NM hearing to 21.01.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and filed reply to NM. T.O.R. and marked at Exh.3.
Matter is adjourned for NM reply to 11.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and filed list of documents. T.O.R. and marked at Exh.3.
Matter is adjourned for NM hearing as a last chance to 25.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Mr. Dubey for plaintiff present and filed registered ch/s No. 123/21.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for NM hearing and Ch/s reply to 09.03.21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present and filed say.
Heard both the sides.
F.R.S.R. the following order is passed -
Order below Ch/s No. 123/2021
1. Chamber Summons No. 123/2021 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry the amendment within two weeks.
3. No order as to costs.
Matter is adjourned for NM hearing to 23.03.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv. N.K Dubey for plaintiff present and submitted that plaintiff is at his native place and requested short time to carry the amendment-Two weeks time is granted.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for compliance/NM hearing to 06.04.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Mr. N. K. Dubey for plaintiff present and requested time to carry out the amendment.
Adv. Ms. Tondwalkar for deft./MCGM present.
Time is extended to carry out the amendment till next date.
Matter is adjourned for NM hearing to 01.07.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the plaintiff requested for time is extended to carry out the amendment. Granted till the next date.
Adjourned for amendment to 17/01/2022.
Next Purpose: CHAMBER SUMMONS FOR AMENDMENT
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: In view of office order no. 07/2022 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.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for C/S amendment to 04.02.2022.
Next Purpose: CHAMBER SUMMONS FOR AMENDMENT
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Mr. N.K. Dueby for plaintiff is present orally requested time for supply copy of amended plaint and NM. Granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adjourned for compliance to 03.03.2022.
Next Purpose: CHAMBER SUMMONS FOR AMENDMENT
Next Hearing Date: 03-03-2022
Date: 04-02-2022
Business: Adv. Mr. N.K. Dueby for plaintiff is present orally requested time for supply copy of amended plaint and NM. Granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adjourned for compliance to 03.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: PO is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Ms. Vijayarani prasad h/f Adv. Dueby for plaintiff is present and filed amended copy of plaint. TOR. Copy is supplied to the other side.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file additional WS. Granted.
The record shows that in this matter the disposal of NM is directed to the expedited by the Hon\''ble High Court in AO No. 895/2019 dated 31.01.2020. Hence, the parties are called upon to expedite the matter.
Adjourned for additional WS/NM hearing to 19.04.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: H.H.J. gone to training, hence matter adjourned to 21-04-2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Mr. N.K. Dubey for plaintiff is present.
Adv. Ms. Mhatre for defendant/MCGM is present and filed additional reply-cum-WS. TOR. It is marked at Exh. 04. Copy is supplied to the other side.
Mr. Sagar Adsul, JE, B&F, \''S\'' Ward is present.
Adjourned for NM hearing to 05.05.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
KB LO at 3:36 pm.
Adv. Mr. V.T. Dueby for plaintiff is present.
By consent, matter is adjourned for NM hearing to 10.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-05-2022
Date: 10-05-2022
Business: Adv. Mr. V.T. Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Heard both the sides on NM No. 499/2020.
Earlier order, if any, to continue till the next date.
By consent, matter is adjourned for NM order to 19.05.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-05-2022
Date: 19-05-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in other matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM order to 09.06.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Ms. Vijyarani Prasad for plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
KB LO at 5:30 pm.
The Court is busy recording evidence in SU Nos. 4881/2010, 442/2017and hearing on NM No.1363/2017.
Adjourned for NM Order to 13.06.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Smt. Vidyarani Prasad for the plaintiff present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The following order is passed on Notice of Motion No.499/2020.
ORDER:
(i) Notice of Motion No. 499/2020 is dismissed.
(ii) Notice of Motion No. 499/2020, accordingly, stands disposed off.
At the juncture, the advocate for plaintiff filed the application for continuation for earlier order for four weeks. TOR. Exh.5. O- other side to say. Say filed.
O- Heard both the sides. Admittedly, till date, the interim protection was existing in favour of the plaintiff and today itself, NM is dismissed. Now, the plaintiff wants to challenge this order and therefore,to facilitate him to secure suitable order by exercising his legal right to appeal, this interim protection is extended for two weeks from today. The plaintiff is called upon the note that no further extension would be granted on this ground.
Authenticated copy of this roznama be supplied to the parties.
Adjourned for additional W/S to 28-06-2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The record shows that already defendant filed WS on record. Hence, the matter is posted for draft issues.
Adjourned for draft issues to 11.08.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Issues framed. It is marked at Exh. 05.
Adjourned for filing affidavit of documents to 27.09.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present for the plaintiff.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for filing affidavit of documents to 01.12.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and orally requested for time to file documents. Time is granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adjourned for filing documents on affidavit to 19.01.2023.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. Ms.Vijayarani h/f Adv. V. T. Dubey for plaintiff is present and requested for time to file documents on affidavit. Time is granted.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for filing documents to 09.03.2023.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested for keeping back the matter. Considering the today\''s board, this request is discarded.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for filing affidavit of documents to 04.05.2023.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: The plaintiff is present in person.
Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present and filed evidence on affidavit. TOR. It is marked at Exh.06. O- R&R.
List of documents. TOR. It is marked at Exh.07. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
PW-1 Mr. Avinash Bhaskar Sawant is resumed on SA.
Examination-in-chief of PW-1 is commenced and completed and cross-examination is deferred on oral request by advocate for defendant.
Adjourned for admission and denial/R/E P.H. to 08.08.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present and endorsed say on list of documents at Exh. 7.
Adjourned for consideration/RE (PH) to 26.09.2023.
Next Purpose: CONSIDERATION
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Heard both the sides on exhibition of documents.
Order below Exhibit 7:
Documents at Sr. Nos. 1 to 10 are filed in original or are the copies issued by the concerned authority. Hence, keeping open all the defenses, the same are exhibited as follows:
Writing dtd. 27.12.1971. It is marked at Exh.8.
Death Certificate. It is marked at Exh.9.
Property Registered Cards. It is marked at Exh.10(colly).
Tika Sheets. It is marked at Exh.11(colly).
Govt. gazette dtd. 02.03.1978. It is marked at Exh.12.
Assessment Bill. It is marked at Exh.13.
Electric Bills. It is marked at Exh.14.
Permission dtd. 01.06.2018. It is marked at Exh.15.
Notice dtd. 14.05.2018. It is marked at Exh.16.
Order dtd. 27.11.2018. It is marked at Exh.17(colly).
Adjourned for RE (PH) to 09.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for RE (PH) to 02.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Adv. Mrs. Prasad for the plaintiff is present and sought time to proceed with the matter, as the witness is not available. Time is granted.
Adv. Mr. Om Suryavanshi h/f Adv. Khandagale for defendant/ MCGM is present.
Adjourned for RE (PH) to 02.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: The plaintiff is present in person.
Adv. Mr. Fawas h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
PW-1 Mr. Avinash Bhaskar Sawant is resumed on SA and his cross-examination is partly recorded by defendant.
Adjourned for Re (PH) to 12.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: The plaintiff is present in person.
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
PW-1 Mr. Avinash Bhaskar Sawant is resumed on SA his cross-examination is completed.
Photographs, admitted by plaintiff, exhibited at Exhibit 18 (colly).
The advocate for plaintiff filed evidence close pursis. Taken on record. It is marked as Exhibit 19. O- Filed.
Adjourned for RE (PH) to 05.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and sought time to lead evidence. Time is granted.
Adjourned for RE (PH) to 25.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present and sought time to lead evidence.Time is granted.
Adjourned for R/E P.H. to 30.07.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mrs. S.R. Charatkar for defendant/MCGM is present and filed evidence affidavit. Taken on record. It is marked as Exhibit 20.
O- R and R. She also filed documents on affidavit. Taken on record. It is marked as Exhibit 21. O- Other side to say. Copies are supplied to both the sides. Mr. Amol Ananda Thorat, SE, is present.
Adjourned for admission denial to 19.09.2024.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Adv. Mr. V.T. Dubey a/w Adv. Mr. N.K. Dubey for the plaintiff is present and endorsed say on list of documents. Adv. Mrs. S.R. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for consideration to 22.10.2024.
Next Purpose: CONSIDERATION
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. Yadav for defendant/ MCGM is present. Heard both the sides on exhibition of documents.
Adjourned for Order on exhibition of documents to 05.12.2024.
Judge
Next Purpose: ORDER
Next Hearing Date: 05-12-2024
Date: 05-12-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present. The Sheristedar verified the documents, filed as per list Exhibit 21, from the original and returned the same to advocate for defendant/MCGM. The matter is kept back for Order.
Later on 1.10 p.m.
The appearance is as above.
Order below Exhibit 21 Documents at Sr. Nos. 1 to 6 are filed as true copies, issued by the concerned office, and today the same are verified from the originals. Further, the plaintiff admitted document at Sr. Nos. 2 and 3. Hence, keeping open all the objections on trial, the documents are exhibited as follows
True copy of Inspection report dtd. 10.05.2018. It is marked at Exhibit 22.
True copy of notice U/s. 354-A dtd. 12.05.2018. It is marked at Exhibit 23.
True copy of final Order dtd. 27.11.2018. It is marked at Exhibit 24.
True copy of demolition Order dtd. 30.01.2019 and 06.03.2019. It is marked at Exhibit 25.
Photographs showing demolition of notice structure on 30.01.2019 and 06.03.2019. It is marked at Exhibit 26.
True copy of Inspection report dtd. 18.12.2020. It is marked at Exhibit 27.
Adjourned for RE (PH) to 16.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that the concerned Officer is on leave. Time is granted.
Adjourned for RE (PH) to 25.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that witness is not leave and sought time to lead evidence. Time is granted.
Adjourned for RE cross of DW-1 to 01.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: Adv. Mr. V.T.Dubey for the plaintiff is present. Adv. Adv. Mr. S.R. Yadav for defendant/BMC is present. DW-1 Mr. Amish Ravindrarao Bangade is resumed on SA and his cross-examination is completed by advocate for plaintiff. The advocate for defendant filed evidence close pursis. Taken on record. It is marked as Exhibit 28. O- Filed. The parties to requested to file written submissions on merits.
Adjourned for written submissions on merits/argument to 22.04.202.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2025
Date: 22-04-2025
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present and sought time argue on merits. Time is granted.
Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and he is heard on merits. She sought time to file citations. Time is granted.
Adjourned for argument/citations to 02.05.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2025
Date: 02-05-2025
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubeyfor the plaintiff is present and requested time to argue on merits. Time is granted.
Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument by plaintiff to 06.05.2025.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present and submitted that matter be kept after summer vacation for their final argument. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 21.06.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to file written submissions on merits. Time is granted. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for written submissions on merits to 15.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: None present for the plaintiff. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for argument to 12.08.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 11.39 a.m.
Adv. Mr. V.T. Dubey for the plaintiff is present. Rest appearance is as above. Heard advocate for plaintiff on merit. Advocate for defendant/BMC sought time to argue. Time is granted.
Adjourned for argument to 19.08.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: None present for the plaintiff. None present for defendant/BMC.
Due to heavy torrential rain and water logging in different parts of Mumbai. It would not be just and appropriate to pass any adverse Order. Hence, matter adjourned.
Adjourned for argument to 11.09.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. Heard both the sides on merit. The advocate for plaintiff sought time to file citations. Time is granted.
Adjourned for citation to 16.09.2025.
Next Purpose: CIATATION
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and sought time for filing citations. Time is granted. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for filing citations to 30.09.2025.
Next Purpose: CIATATION
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and sought time for filing citations. Time is granted lastly. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for filing citations to 07.10.2025.
Next Purpose: CIATATION
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed citations. Taken on record. It is marked as Exhibit 29. O- Filed. Copy is supplied to the other side. Adv. Mrs. Sheetal Metakari for defendant /BMC is present and she is heard on merit.
Adjourned for Judgment to 17.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Fawaz present for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
Court is busy dictating judgment in Suit No. 178 of 2024 and Suit No. 3362 of 2014.
Adjourned for Judgment to 03.11.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: Adv. Ms. Sharda Dwivedi for the plaintiff is present. Adv. Mr. V.G. Shinde h/f Adv. Mrs. Metakari for defendant/BMC is present. Kept back.
Later on 2.45 p.m.
The appearance is as above.
The Judgment is dictated and pronounced in Open Court. It is marked at Exhibit 30. The Operative order is passed as follows :
O R D E R
01. Suit is dismissed with costs.
02. Decree be drawn accordingly.
03. Record and proceeding be sent back to the Record department.
The advocate for plaintiff filed application for continuation of earlier Order for span of 5 weeks. Taken on record. It is marked as Exhibit 31. O- Other side to say.
Order on Exhibit 31 : The Ld. advocate for plaintiff submitted that he intends to file appeal before the Hon’ble High Court and prayed that earlier Order be extended for a span of 5 weeks.
But it objected by the BMC on the ground that the suit is dismissed on merits and plaintiff will have statutory period for filing appeal and prayed that application be rejected.
The suit was dismissed on merits on 03.11.2025. The plaintiff is aggrieved and wants to approach before the Hon’ble High Court and file appeal. It will take time to file appeal. In the meantime if defendant proceeds with impugned notice then, entire purpose of filing appeal will became infructuous. Hence, earlier Order dtd. 31.01.2020, in appeal from Order No. 895 of 2019 is continued for period of 4 weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 03-11-2025