Surendra Subhedar SinghVsAsst. Municipal Commissioner

Date: 15-12-2022
Business: Adv. Ram Singh for plaintiff present.
Counsel Vyas with Adv. Mrs. Rawade for defendant/ BMC is present and tendered compilation of documents, TOR and marked as Exh.6. Copy is supplied to other side.
Plaintiff is directed to tender registered N/M No.4704/2022 along with affidavit in support on next date.
Adjd. to 22/12/2022 (afternoon sessions) for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Adv. Bhadang with Adv. Ram Singh for plaintiff present and tendered original N/M No.4704/2022, TOR.
Counsel Vyas with Adv. Mrs. Rawade for defendant/ BMC is present.
Partly heard Adv. for plaintiff on N/M No.4704/2022.
Adjd. to 05/01/2023 at 03.30 p.m. for further argument on N/M by plaintiff.
Next Purpose: NM  P.H.
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Court is on leave.
Next Purpose: NM  P.H.
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Adv. Bhadang with Adv. Ram Singh for plaintiff present.
Counsel Vyas with Adv. Mrs. Rawade for defendant/ BMC is present.
Mr. Sandeep Sakshrao Deshpande, Asst. Engineer, Maintenance dept., T-ward, BMC is present.
Heard further arguments of ld. Adv. for plaintiff on N/M No.4704/2022.
Heard Adv. for deft/ BMC on N/M No.4704/2022 partly.
Due to paucity of time, matter is adjourned.
Adjd. to 16/01/2023 at 04.00 p.m. for further hrg. on N/M No.4704/2022 by defendant/ BMC.
Next Purpose: NM  P.H.
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv. Ram U. Singh a/w Adv. Shyam K. Singh for plaintiff present.
Counsel Vyas with Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered written submission, TOR.
Heard further arguments of both sides on N/M No.4704/2022.
Adjd. to 20/01/2023 for order on N/M No.4704/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: N.O.B., T.O.B. (By preceipe).
Adv. Shyam Singh h/f Adv. Ram Singh for plaintiff present and tendered written submission in N/M No.4704/2022, TOR and marked as Exh.7. Copy is supplied to other side.
Adv. Mrs. Chavan for defendant/ BMC is present.
Already adjd. to 20/01/2023 for order on N/M No.4704/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Shyam Singh h/f Adv. Ram Singh for plaintiff present.
Plaintiff is also present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
F.R.S.R. following order is passed on N/M No.4704/2022-
O R D E R
Notice of Motion No.4704/2022 is dismissed.
Adjd. to 02/03/2023 for W/S.
L.O.
Adv. for plaintiff tendered application to stay the above order for period of 8 weeks to challenge the order before Hon\''ble High Court, TOR and marked as Exh.8. O - Other side to say.
Counsel Adv. Vyas with Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant/ BMC is present and has given say on Exh.8 overleaf.
Heard both sides on Exh.8.
Earlier adjourned date stands cancelled.
Adjd. to 24/01/2023 at 11.00 a.m. for order on Exh.8.
Next Purpose: ORDER
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: N.O.B., T.O.B. (By preceipe).
Adv. Ram Singh for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present.
Following order is passed below Exh.8-
O R D E R
1.       The plaintiff filed this application for stay to the order dated 23/01/2023 for 8 weeks to challenge order before Hon\''ble High Court. The defendant/ corporation opposed application stating that the land is required for public project which is already delayed.
2.         Heard Adv. for both parties on 23/01/2023.
3.    It is matter of record that this Court by order dated 23/01/2023 dismissed N/M. The plaintiff seeking stay of the order. Adv. for the plaintiff submitted that Hon\''ble High Court pleased to grant protection to the suit structure during pendancy of N/M. The plaintiff intended challenge order dismissing N/M. Appeal is a statutory right of the aggrieved party. Adv. for the plaintiff submitted that time is required to file Appeal and mean time there is apprehension of demolition of the structure by the corporation. Therefore, it is necessary to maintain status quo till filing Appeal. Hence, considering the facts of the case it will be just and proper to maintain position of the suit structure as on today. Hence, I pass following order-
O R D E R
 Interim protection is extended for two weeks from today.
Adjd. to 14/03/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: N.O.B., T.O.B. (By preceipe)
Adv. Ram Singh for plaintiff present and tendered application for correction in N/M order dated 23/01/2023, TOR and marked as Exh.9. O - Perused application and copy of the order. It appears that there are some typographical mistake as mentioned in application. Hence, said mistakes are required to be corrected. Hence, application is allowed.
Adv. Mr. Sutar for defendant/ BMC is present.
Already adjd. to 14/03/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: N.O.B., T.O.B. (By preceipe).
Adv. Ram Singh for plaintiff present and tendered application for extension of stay of order dated 24/01/2023, TOR and marked as Exh.10.
Adv. Mrs. Chavan for defendant/ BMC is present.
Following order is passed on Exh.10-
O R D E R
1.    The plaintiff filed this application for extension of interim protection for 1 week as certified copY of the order dated 23/01/2023 could not be available. Corporation opposed application.
2.       Heard Adv. for the parties.
3.    N/M for tempering injunction has been dismissed and ad-interim protection granted for 2 weeks. Adv. for the plaintiff submitted that he has applied for certified copy and same could not be available and without certified copy he could not file appeal. The interim protection was extended till today. Hence, I pass following order-
O R D E R
Ad-interim protection is extended for one week from today.
Already adjd. to 14/03/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: None for plaintiff.
Adv. Mhatre  for defendant/ BMC is present and requested for time to file W.S. Time is granted as a last chance.
Adjd. to 20/04/2023 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Court is on leave, hence matter is adjourned to 06.07.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: P O Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: P.O. is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Advocate Shyam Singh for plaintiff present.
Advocate Mhatre for defendant/BMC present and seeks time to file WS.  Time is granted as a last chance.
Adjd  to  14.12.2023    for Filing WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None for plaintiff
Adv. Mrs. Mhatre for BMC present
On request for adv. for BMC kept in Second Session
K.B.
L.O. at 03:50 p.m.
None for plaintiff
Counsel Mr. J. M. Vyas for BMC submitted that the plaintiff has not served Writ of Summons upon the B.M.C.
The plaintiff and his advocate absent, hence Written Statement is TOR, subject to limitation and marked Exh.11 copy of which is kept on record.
Adjd. to 18/3/2024 for hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None present for plaintiff
Advocate  Suryavanshi h/f Jyoti Patil Mhatre for defendant/BMC present.
Adjd to 04.05.2024 for framing issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None present for plaintiff
Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
Adjd  to  29.06.2024    for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Shyam Singh for plaintiff present.
Advocate  Waghmare  for defendant/BMC present.
As Court is busy in NM and ch/s Orders and judgment, hence matter adjourned
Adjd  to 03.08.2024   for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: None present for plaintiff
Counsel Adv. Dharmesh Vyas a/w Adv. Chaitanya Dalvi for deft/BMC present.
Exh. 12   - Issues
Adjd  to 24.09.2024  for List of witnesses /R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: None present for plaintiff
Advocate   Nagarthawar for defendant/BMC present.
Adjd  to  17.12.2024   for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: None present for plaintiff
Advocate  Swapnil Bharti   for defendant/BMC present.
Adjd  to 26.02.2025     for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2025

Date: 26-02-2025
Business: Holiday is declared due to Mahashivratri hence matter stands adjourned to 27.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: None present for plaintiff to proceed with the matter. Adv. Ms. Sujata Puri h/f Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned to 12/06/2025 for REPH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Shyam Shingh  for the plaintiff is present and requested for adjournment.
Adv. Mr. Kaushik h/f Adv. Mr. Dharmesh Vyas a/w Adv. Ms. Pooja Nagarthawar  for defendant/MCGM is present.
Adjourned for RE.to 20.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Shyam Singh for the plaintiff is present and requested for adjournment.
Adv Dharmesh Vyas a/w Adv. Rupali Patil for defendant/MCGM is present.
Adjourned for RE.to 29.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Shyam Singh  for the plaintiff is present and and tendered draft Chamber summons, along-with affidavit in support.  O- Leave is granted to register before next date.
Copy is supplied to the other side.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for tendering registered Ch/s/Ch/s Reply to 05.03.2026
Next Purpose: C/S REPLY
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Shyam Shingh for the plaintiff is present and filed registered Ch/s No. 416/2026 with affidavit.  Defendant to reply
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for Ch/s reply to  16.04.2026
Next Purpose: C/S REPLY
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None for the plaintiff is present.
Adv. Mrs. Rupali Patil for defendant/MCGM is present.
Adjourned for CS reply to 04.07.2026.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2026

Date: 04-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed handwritten reply to Chs No. 416/2026 itself.
Adjourned for Chs hearing to  10.09.2026.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Shyam Singh for the plaintiff is present.
Adv. Mr. G. V. Jawale for defendant/MCGM is present
Heard argument of both the sides on Ch/s No. 416/2026
Adjourned for Chs Order to 27.10.2026
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-10-2026

CHAMBER SUMMONS/100416/2026
NOTICE OF MOTION/104704/2022

Filing Number: 102955/2020
Filing Date: 02-03-2020
First Hearing Date: 15th December 2022
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE