Date: 20-03-2019
Business: Adv.D.A. Thorat for appellant present. Appeal is admitted. Call R and P. Adv. for appellant has already filed stay application with the appeal memo t.o.r marked as Exh.3
Adv. A.V. Divate for respondent present.
ORDER ON EXH.3
Heard the Ld. adv. for appellant as well as Ld. adv. for respondent. It is said that the impugned eviction order is mainly passed on the allegation of the respondent that the appellant has changed the user of the property. The Ld. adv. for appellant submits that the very purpose of filing of the appeal would be ad-interim stay is not granted. The Ld. adv. for respondent has opposed the request for granting ad-interim relief. I think till the respondents file their reply to this application Exh.3, no prejudice would be caused to the respondents if ad- interim stage is granted to the impugned order. Hence, impugned order is stayed till next date. Matter is adjd. to. 22.04.2019 for reply to the stay application.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv. R.D. Thorat for appellant absent.
Adv. A.V. Diwate for respondent present and has filed record and proceedings of Inquiry Officer t.o.r. Copy supplied to the adv. of appellant.
By consent matter is adjd. to. 31.07.2019 for hearing
E.O. to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Mr. Thorat for Appellant present.
Adv. Mr. Divate for Respondent/MCGM present.
Earlier order, if any, to continue till the next date.
Matter adj. to 25/09/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Ms. Remedious for Appellant present.
Adv. Mr. Diwate for MCGM present.
On request of advocate for Appellant matter adj. to 02/12/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Thorat for appellant
None for respondent.
On oral request of advocate for appellant, adjd for hearing on Stay application to 20.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. R. D. Thorat for appellant is present.
None present for respondent.
Adjourned to 24.02.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Rahul Thorat for appellant is present.
Adv. A. V. Diwate for respondent is present.
On oral request of advocate for respondent, adjourned to 16.03.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv. Ms. Remedious i/b Adv. R. D. Thorat for appellant is present.
Adv. A. V. Diwate for respondent is present.
As the court is busy in hearing partly heard Suit No.7464/83, hence adjourned to 20.04.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: None present for appellant.
None present for respondent.
Due to pandemic Covid-19 the Government has announced lockdown till 30.06.2020, hence matter is adjourned to 01.07.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 08.10.2020 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 23.10.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 25.11.2020 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Adjourned to 17.12.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Appellant to remain present on next date positively.
Adjourned to 19.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Ms. Remedious h/f Adv. R. D. Thorat for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
At the request of Ld. counsel for appellant by way of last opportunity, matter adjourned to 01.03.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Aditya Mody for appellant is present.
Adv. A. V. Diwate for respondent is present.
At the request of advocate for appellant, again by way of last opportunity, adjourned to 05.04.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Rahul Thorat for appellant is present.
Adv. A. V. Diwate for respondent is present.
At the request of Ld. counsel for appellant, matter adjourned to 19.04.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: COURT IS ON LEAVE TODAY.
Adv. R. D. Thorat for appellant is present.
Adjourned to 14.06.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Adv. R. D. Thorat for appellant is present.
Adv. A. V. Diwate for respondent/BMC is present.
Adjourned to 05.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv. R. D. Thorat for appellant is present.
Adv. Ruhi M. Hazare for respondent/BMC is present.
Due to COVID-19, adjourned to 28.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. R. D. Thorat for appellant is present.
Adv. R. M. Hajare for respondent/BMC is present.
Due to Covid-19, adjourned to 17.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None present for appellant.
Adv. R. M. Hajare for respondent is present.
Adjourned to 21.09.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. R. D. Thorat for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Ld. counsel for appellant submits that two appeals similar to the present one have been disposed off by this court. Ld. counsel for respondent seeks time to go through the judgment in those appeals and make statement.
Adjourned to 11.10.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. Anjali Mishra h/f Adv. Rahul Thorat for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Since advocate who is to argue the matter for appellant is not present, matter adjourned to 16.11.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. R. D. Thorat for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Heard final arguments of Ld. counsel for parties.
Adjourned to 01.12.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Aditya Mody h/f Adv. R. D. Thorat for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
By consent, adjourned to 13.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. R. D. Thorat for appellant is present.
None present for respondent/BMC.
KB
L.O.
Adv. R. D. Thorat for appellant is present.
Adv. Ruhi Hajare for respondent is present.
Heard both the sides.
Adjourned to 21.12.2021 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. R. D. Thorat a/w Adv. Omkar Sawant for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Judgment is pronounced in open court.
Exh.4 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.107 of 19 is partly allowed.
2. Impugned order dated 28th January, 2019 passed by the Enquiry Officer is hereby set aside and the matter is remanded back to the Enquiry Officer, who will complete the inquiry in accordance with law and as per the directions herein above and pass appropriate order.
3. Enquiry Officer shall not be influenced by the observations made herein above.
Principal Judge,
Gr. Mumbai.
Nature Of Disposal: ALLOWED
Disposal Date: 21-12-2021