Date: 15-03-2019
Business: Advocate Mr. V. T. Dubey for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Hajare for BMC/Deft present.
Plaintiffs advocate referred disputed notice which is filed at page no.21 of the plaint and he has also referred copy of approved development plan of suit premises which filed at page no.11 of plaint. It is argued that in suit premises previously industry was being run and now it is changed for rest house. It is argued that for change of user section 354 of BMC Act will not come into play, hence ad-interim relief as prayed in prayer clause (a) of draft NM is necessary to be granted.
Defendant\''s advocate referred disputed notice and pointed out that said notice is in respect of unauthorized construction of partition walls with Siporex blocks on ground floor. Defendant\''s advocate referred para no.1 of the plaint and pointed out that in said para Plaintiff has mentioned that suit premises is commercial premises area admeasuring about 5800 sq. ft., situated at first floor Ajit Chambers, near H. K. Studio, Andheri-Kurla road, Sakinaka, Mumbai 72. By referring para no.1 of the plaint Defendant\''s advocate argued that on the basis of notice issued in respect of ground floor Plaintiff can not seek protection from the Court for his first floor. Hence, ad-interim relief can not be granted.
Learned advocate for Plaintiff submitted that, he will seek instructions from Plaintiff that whether really, suit premises is situated on first floor.
K.B.
L.O.
Learned advocate for Plaintiff submitted that, suit premises is situated on first floor and disputed notice is issued to Plaintiff in respect of ground floor, therefore Plaintiff has apprehension that Defendant\''s officer may enforce disputed notice against suit premises from first floor. Considering submissions ad-interim relief in terms of prayer clause (a) of draft NM is granted till filing NM reply by BMC.
Parties to act upon authenticated copy duly signed by Sheristedar.
Case is adjourned to 23/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present.
Adv. Hajare sought time. Time is granted.
Earlier order to continue till next date.
The Case is adjd. To 05.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: As Court is busy in hearing NM in suit no. 660/19,Suit no. 1406/17 and Chamber Summons in Suit no. 1650/18. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 27.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: (Incharge Court of C. R. No. 11)
Adv.N.K. Dubey for Plaintiff present.
Adv. Mhatre for BMC present.
Earlier order to continue till next date.
Matter adjd to 22.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: As court is busy in hearing NM in Suit no. 1306/19 and in hearing ad-interim matters in ST 11516/19, SU 2741/19 and SU No.2722/19. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 04.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mr. Giri for deft./MCGM present.
At the request of both side. Matter be send to Lok-Adalat r/o.14.12.2019.
Earlier order to continue till next date.
Matter is adjd. for report on 03.01.2020.
Next Purpose: REPORT
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. V.T. Dubey for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 04.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. V.T. Dubey for plff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 21.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
Adv. Mhatre for deft./MCGM present and requested for short adjournment to file reply.
Plaintiff is directed to tender register the NM.
Earlier order, if any, to continue till next date.
Matter is adjd. 12/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Mr. N.K. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 18.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: CORAM H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. N.K. Dubey for plaintiff present.
Adv. Adv Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 11.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv. N.K. Dubey for plaintiff present.
Adv. Mrs. Mhatre h/f Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 29.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Mr. V. T. Dubey for Plaintiff present.
Adv. Mr. Khandagale for Defendant/BMC present.
Earlier order to continue till the next date.
Matter adj. to 24/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: None for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 28.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and requested for time to tender registered NM. Granted lastly.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned to tender registered NM/reply WS to 27.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Matter pertains to C.R.NO. 11.
Adv. Ms. Vijayarani is present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM Reply Rejoinder to 16.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. N.K. Dubey for the plaintiff is present and orally requested time for tendering registered NM. Time is granted as a last chance.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for tendering registered NM/NM reply and WS to 18.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed original registered NM No. 1215/2019 along-with affidavit. TOR.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply) to 14.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and orally requested for time to argue on NM. Time is granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 15.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 01.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Matter pertains to C.R.No.11.
Adv. N.K.Dubey for the plaintiff is present.
Adv. Mrs. Mhatre h/f Mr. Giri for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for 09.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Ms. Prasad for the plaintiff is present. She submitted that as of now there is no Speaking Order in this matter.
Adv. Mr. G. O. Giri for defendant/MCGM is present.
Heard both the sides on NM No. 1215/19.
Earlier order, if any, to continue till the next date.
Adjourned for NM order to 23.06.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed in NM No. 1215/2019.
-: O R D E R :-
1. The record shows that till date, the defendant failed to contest the suit and to rebut the plaintiff’s stand that no Speaking Order is passed in this matter. Although, sufficient opportunities are given to the defendant to clearify the position on record, but all in vain. The suit is filed in 2019 and since then, the interim order is continued in favour of the plaintiff. It appears that by Order dtd. 15.03.2019, the defendant was restrained to demolish this notice structure till filling of reply, wherein he failed. In this way, there is no change in scenario which was prevailling while passing of this interm relief. Hence, NM No.1215/2019 is disposed of, restraining the defendant from taking any coercive steps against the notice structure, except by following the due process of law.
Adjourned for RE (Without WS) to 21.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Adv. Mr. V.T. Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for dismissal Orders to 16.09.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: None present for the plaintiff.
Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Order below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter and hence, it is posted for dismissal order. Even on the last occasion, his advocate informed that the plaintiff is not in contact. Nor, any stay order is communicated on record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-09-2023