Date: 21-02-2018
Business: Adv.Mr.Pratap Singh for Plff.present.
He tendered original registered N/m No.717/18 t.o.r.
Adv.Mr.Giri for BMC/Deft.present.
Sub Engineer, Mr.Alankar Veer for Plff.present.
He filed inspection report t.o.r and marked at Exh.2.
K.B.L.O.at 5.00 pm.
Adjd.for rejoinder on 26.02.2018.
Earlier order to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 26-02-2018
Date: 26-02-2018
Business: Adv. Pal for plaintiff.
Adv.Mr.Giri for BMC/Deft.present.
On oral request of advocate for plaintiff.
Adjd.to 5/3/2018.
last chance is granted to the plaintiff to file rejoinder.
Ld. advocate for the plaintiff submitted that, presently no commercial activity in the notice structure is going on and till next date plaintiff will not be taking up any commercial activity.
Earlier order to continue till next date.
Adjd.to 5/3/2018 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-03-2018
Date: 05-03-2018
Business: Adv.Mr.Pratap Singh for Plff.present.
Adv.Mr. Giri for BMC/Deft.present.
Adjd.for hearing on 21.03.2018.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-03-2018
Date: 21-03-2018
Business: Adv.Mr.Pal for Plff.present.
Adv.Mr.Giri for BMC/Deft present.
Adv.for the MCGM has placed on record the circular issued by the Municipal Commissioner regarding construction of Compound wall on the vacant plot. It is t.o.r.and marked at Exh.3. in view of Exh.3, the adv.for plff to make further submissions on N/m.
Adjd.for N/m hearing on 23.04.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: Adv.Mr.Pratap Singh for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Heard both the sides.
I have also perused the circular Exh.3 placed on record by Ld.Adv.for MCGM . From the documents on record, it shows that there is a vacant plot. It is the case of the MCGM that the plff is making commercial use of the vacant plot by erecting temporary boundaries with the help of bamboos and cloth without the permission. In the midst of the argument, Ld.adv.for the plff submitted that he will examine the provisions of Section 55, 52, 45 and 47 of the MRTP Act 1946 and if it provides then he will make necessary application before the concerned authority. Considering these submission matter adjd.for direction on 04.07.2018.
Plff.to take steps for registration of suit. Office to do the needful.
Earlier order to continue till next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-07-2018
Date: 04-07-2018
Business: Adv. Mr. Pratap Singh for Plaintiff
Adv. Mr. Giri for defendant / BMC present.
Plff to take steps for registration of suit.
O - Earlier order to continue till next date.
Adjd. to 11.07.2018 for step.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Adv. Mr. Pratap Singh for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
O - Leave granted to registered the suit.
O - Earlier order to continue till next date.
Adjd. to 30.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: None for plaintiff.
BMC Adv. Mr. Giri for defendant / BMC present.
K.B.
Adv. Singh for plaintiff present.
Leave to register suit under MRTP Act.
Earlier order to continue till next date.
Matter adjd.to 29.8.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Adv.Singh for plaintiff present.
Adv. Bhoir for defendant no. / BMC present.
Earlier order to continue till next date. Subject to condition that plaintiff shall register the suit on or before next date.
Matter adjd. to 10.10.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2018
Date: 10-10-2018
Business: Matter adjd. to 26.11.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Mr. Pal for Plaintiff present.
Adv. Mrs. Bhoir for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 23.01.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv Pal for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Court busy in dictation of Judgments in Suit Nos.2149/12, 2150/12, 2151/12 and urgent matters. Hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 18/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. Mr. Pal for Plff present.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 12/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Pal for plaintiff present.
Adv. Khandagle for MCGM/Def. present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 06.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: None for plaintiff present.
Adv. Hajare h/f Adv. Khandagle for defendant present.
Plaintiff and advocate absent when called at 3.00 pm. Hence NM No. 717/18 is kept for dismissal on next date.
Adjd to 25/09/2019 for NM dismissal
later on
Adv. Pratap Singh for plaintiff present.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Advocate Mr. Pal h/f adv. Pratap Singh for plaintiff present
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Pal h/f Adv.Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
It is submitted Adv. Pratap Singh is ill since last four days. As a last chance for NM hearing.
Earlier order, if any, to continue till next date.
Matter adjd to 02.03.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv.Ms.Choudhri h/f adv.Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 22.06.2020 for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Matter is adjd to 10.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 02/07/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv Asit Singh h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Reply filed by the defendant is on record.
Defendant is directed to serve the copy of reply on plaintiff till next date.
Earlier order, if any, to continue till next date.
Adjd. To 25/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Mr. Shailesh Pal h/f. Adv. Mr. Pratap Singh for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv. for plaintiff seeks time to argue on Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Viraj Singh h.f. Adv. Pratap Singh for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 07/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: (Matter pertains to C.R. No.08)
Adv. Pal h.f. Adv. Pratap Singh for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 07/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: (Matter pertains to C.R.NO.4)
Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant / MCGM present.
Earlier order, if any, to continue till next date
Matter adjourned for NM hearing to 01.04.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
On the request of Adv. for plaintiff, matter is adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 17/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and submitted that advocate on record is busy in another Court. Hence, requested time argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 16/11/2022 for N/M hrg.
L.O. at 04.55 p.m.
Adv. Pal for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 16/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and requested time argue on N/M. Time is granted till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 12/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that senior advocate is unable to argue N/M due to personal reason. Hence, time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 25/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Pratap Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present and submitted that he will file written arguments on next date. Hence, short date may be granted. Hence, matter is adjourned till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: None present for plaintiff.
Adv. Mhatre h.f. Adv. Suryavanshi for defendant/ BMC is present.
KB
LO
Adv. Pratap Singh for plaintiff present and requested time to argue in NM. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 10.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Pratip Singh for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
Same appearance
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Advocate Shailesh Pal h/f Pratap Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
On request of advocate for plaintiff. matter Keep back
L.O. 3.32 p.m.
Heard argument of advocate for plaintiff and partly heard advocate for Corporation on NM and adjourned on request of Adv. for Corporation.
Earlier order, if any, to continue till next date.
Adjd to 21.06.2023 for further NM Hearing by defendant /BMC/ NM(P.H.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Advocate Pratap Singh for plaintiff present and tendered
Advocate Suryavanshi for defendant/BMC present.
Heard argument of both sides.
Earlier order, if any, to continue till next date.
Adjd to 10.07.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Advocate Pratap Singh for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Keep back
L.O.
Adv. Viraj Singh h/f Pratap Singh for plaintiff present.
Court is busy in hearing urgent ad-interim matter and NM hearing. Due to paucity of time matter adjourned.
Earlier order, if any to continue till next date.
Adjd to 17.07.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
FRSR following order is passed in NM NO. 717 / 2018
ORDER
Notice of Motion No. 717/2018 is dismissed with costs.
Adv for defendants/BMC adopted reply to NM as a written statement. Hence, it is marked as Exh.3
Adjd to 07.10.2023 for Hearing on Draft issues
L.O.3.45 p.m.
Advocate Adv. Pratap Singh a/w Shailesh Pal for plaintiff present and tendered application for continuation of EOC marked as Exh.4 O- Other side to say.
Adv for defendant/BMC has given say on Exh. 4 overleaf.
Heard argument of both sides on Exh. 4
Order on Exh. 4
O R D E R
1. The plaintiff filed application for extension of earlier order. The defendant/BMC opposed application stating that this Court has dismissed NM on merit and plaintiff has not prima-facie case.
2. Heard argument of adv. for the parties.
3. Advocate for plaintiff submitted by order dated 14.02.2018 Court directed to MCGM not to take coercive action and said order has been continued till today. Advocate for BMC submitted that on 14.02.2018 due to contradictory statement of the parties and photographs this Court has directed concern officer of BMC to inspect the premises and submit the report.
4. He pointed out that as per the order by designated officer inspect the suit on 15.02.2018 and noticed that part portion of the plot Boundaries found covered with MS pipe and green net. He further submitted that on 08.02.2018 the officer had inspected the suit sites at that time boundaries are not covered.
5. The order dated 14.02.2018 is continued till disposed of NM. The plaintiff intends to challenge order rejecting interim relief. The plaintiff is intends to challenge order refusing ad-interim protection before Hon\\\''ble High Court. The appeal is the statutory right of the party who is aggrieved. It is submitted that if ad-interim protection is not extended there is possibility of demolition of structure and purpose of filing appeal will be frustrated. Therefore, considering the facts that interim protection was existence till today. Hence, I pass following order-
O R D E R
Ad-interim protection is extended for two weeks from today.
Authenticated copy of roznama be provided to both the parties
Adjd. to 07.10.2023 for Hearing on Draft issues.
Nature Of Disposal: DISMISSED
Disposal Date: 17-07-2023
