Koteshwar Deep CHS LtdVsMCGM +1 more

Date: 23-02-2018
Business: Heard. Perused notice issued by the defendant dtd 27.11.2017.  It appears that it is served to the Plaintiff on 17.02.2018. Prima facie there is no explanation from the officer of the Defendant, why it is served after more than two months. Further in the notice, nothing discloses as a specific area lies within the regular line of the public street. Thus it appears prima facie that the area of the land, which is as per the notice within regular line of the public street is not informed to the plaintiff. Therefore, prima facie it is fit case to grant ad-interim relief. Hence, the defendant is hereby temporarily restrained from acting pursuance to the notice dtd 27.11.2017 till filing reply by the defendant.
Matter adjd to 26.03.2018reply to N/M.
Next Purpose: REPLY
Next Hearing Date: 26-03-2018

Date: 26-03-2018
Business: (Incharge Court of C. R. No. 11)
Advocate Mr. Govad for the Plaintiff present.
Advocate Mangade for BMC/deft. present.
Earlier order to continue till next date.
Matter adjd to 23.04.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-04-2018

Date: 23-04-2018
Business: Advocate Mr. Pawar with Tiwari for the plaintiff present.
Advocate Mr. Abhijeet with Ms. Tondwalkar for BMC/deft present.
As the court is busy in preceipe matters and urgent matters. Hence, matter adjd to 2.05.2018.
Next Purpose: REPLY
Next Hearing Date: 02-05-2018

Date: 02-05-2018
Business: Advocate Mr. Diwate for the Plaintiff present.
Advocate Mr.  Abhijeet Mangle for BMC/deft present.
Reply cum written statement tendered by BMC/deft. t.o.r. O-filed.
Earlier order to continue till next date.
Matter adjd to 6.06.2018 for N/M hearing/ draft issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv Charusheela for the plaintiff present.
She filed original NM 1281/18 alongwith affidavit t.o.r.
She submits that her cousel is busy before Hon\''ble High Court.
Adv Abhijit Mangle for BMC counsel present.
Earlier order to continue till next date.
At the request of plaintiff matter adjourned to 20.06.2018  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2018

Date: 20-06-2018
Business: Before HHJ SMT. S. J. GHARAT, C.R.NO.08
Adv Tiwari h/f adv Harish Pawar for the plaintiff present.
Adv Tondwalkar for def/BMC present.
Earlier order to continue till next date.
Adjourned to 16.07.2018  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv Harish Pawar for plaintiff present.
Adv Tondwalkar alongwith adv Abhijit Mangale for def/BMC present.
Earlier order to continue till next date.
Adjourned to 05.09.2018  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: Advocate Ms. Rashmi Parab h/f Adv. Ashish Pawar for Plaintiff present.
Advocate Mr. Akram Khan h/f adv. Abhijit Mangade for BMC present and filed adjournment application, t.o.r. Advocate Ms. Parab gave no objection to adjourn the matter. O-Perused application and say.  Considering say adjournment granted.
Earlier order to continue till next date.
Case is adjourned to 05/10/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2018

Date: 05-10-2018
Business: Advocate Mr.P. S. Tiwari h/f Adv. Harish Pawar for Plaintiff present and submitted that, advocate Mr. Harish Pawar is not available today hence matter should be adjourned.
Advocate Mr. Abhijeet Mangade h/f adv. Tondvalkar for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 06/10/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Business: Advocate Mr. Matukade h/f Adv Pawar for Plaintiff submitted that, advocate Mr. Pawar could not attend this Court today as Advocate Mr. Pawar has throat infection, however no medical certificate is filed, however learned advocate for Plaintiff is making request to adjourn the matter on Tuesday on the ground that on Monday due to Pitrupaksha and religious ceremony Mr. Pawar will be unable to attend the court.
Advocate Mr. Abhijeet Mangade @ Tondvalkar for BMC/Deft submitted that, public project work is stopped due to earlier order, hence if court will give adjournment to other side, earlier order should not be vacated.  It is noticed that Plaintiff is intending to delay the hearing of Notice of Motion, however for giving fair opportunity matter adjourned to 09/10/2018. It is made clear that if on Tuesday Plaintiff will not argue the matter, earlier order will stand automatically vacated.
Earlier order to continue till 09/10/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Business: Advocate Mr. Harish Pawar for Plaintiff present.
Advocate Mr. Abhijeet Mangade for BMC/Deft present.
Heard arguments of both sides.
Case is adjourned to 10/10/2018 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Advocate for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in dictating Judgment in suit no.1108/12 and hearing Notice of Motions, hence case adjourned to 11/10/2018 for Order on Notice of Motion.
Next Purpose: ORDER
Next Hearing Date: 11-10-2018

Date: 11-10-2018
Business: Advocate Mr. Rohan Hake h/f Adv. Harish Pawar for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
1. N/m No.1281/2018 stands rejected/disposed off.
2. Earlier interim order passed by my Learned Predecessor stands vacated as the property in question is required for public cause of road widening project.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: Court is busy in recording evidence in suit no.4797/03, 1352/11 and hearing final argument in suit no.1470/11, hence board of first session is discharged and case is adjourned to 15/02/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Advocate Mr. Mhatukade h/f Adv.Mr. Harish Pawer for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
Draft issues not filed by parties.
Case is adjourned to 15/04/2019 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: None present for plaintiff.
Advocate Ms. Tondwalkar for defendant/BMC present.
The case is adjourned to 22.07.2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Advocate Tiwari for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present.
The case is adjourned to 16.10.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Ms. Surabhi Gujar h/f adv. Pawar for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present.
The case is adjourned to 30.11.2019  for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: Adv. Jayesh h/f Adv. Abhijit Mangde for BMC present.
Adv. Mhatre for defendant/MCGM present.
Matter is adjd. for issues on 07.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Ms. Reshmi Parab for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Matter is adjd. for framing issues on 03.07.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Business: adjd.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2021

Date: 20-01-2021

Date: 23-03-2021
Business: Adv. Mr. Tiwari for plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for framing issues to 15.06.21.
                                                                               Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to covid 19 matter adjourned to next date
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: P.O is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No. 1/MCGM is present.
The Court is busy in recording evidence in SU No. 2373/14, 650/16 and SU 7495/05.
Adjourned for framing of issues to 28.06.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendants/MCGM is present.
Issues framed. It is marked at Exh. 07.
Adjourned for filing affidavit of documents to 11.08.2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: None present for plaintiff.
Adv. Ms. Supriya Landge h/f Adv. Mangale for defendant/MCGM is present.
Adjourned for R/E to 17.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for the plaintiff to proceed with the matter. Sufficient time is already granted. Hence, it is posted for dismissal order.
Adv. Supriya Landge for defendant/MCGM is present.
Adjourned for dismissal order to 20.10.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv. Mr. Pawan Tiwari h/f Mr. Harish Pawar for plaintiff is present and orally requested for time to lead evidence. Sufficient time is already granted. Hence, this request is discarded.
Adv. Abhijit Mangle for defendant/MCGM is present.
Adjourned for dismissal orders to 02.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Ms. J.V. Mhatre for defendants/MCGM is present.
Adjourned for dismissal Order to 24.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Even today, none present for the plaintiff to proceed with the suit.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Order below exhibit No.01:
     The record shows that the plaintiff is absent to proceed with the matter since last considerable time and therefore, it is posted for dismissal order. Nor, any stay order is communicated on the record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on his behalf in view of Order IX Rule 8 of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 24-01-2023

NOTICE OF MOTION/101281/2018

Filing Number: 103023/2018
Filing Date: 22-02-2018
First Hearing Date: 19th April 2018
Decision Date: 24th January 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE