Date: 06-03-2018
Business: By Precipee
Adv.Mr.Relekar for Plff.present.
He tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m.
Adv.Mrs.Tadavi for BMC/Deft.present and filed vakalatnama t.o.r.and marked at Exh.2.
She also filed reply to N/m along with list of documents t.o.r.and marked at Exh.3.Copy served to other sides.
Adjd.for hearing on 09.03.2018.
Next Purpose: HEARING
Next Hearing Date: 09-03-2018
Date: 09-03-2018
Business: Adv. Andrews for the Applicant present.
Advocate Redekar for the plff. tendered original n/m no. 968/18
Adv. Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.for applicant taken out draft ch/summ.
Leave granted to register the draft ch/summ.
The learned advocate for the applicant sought time to file reply to the n/m. In the present case the applicant is claiming to be the landlord of the suit premises. The speaking order is of dated 8/11/2017 and the notice u/sec. 488 of the MMC Act is of 10/2/2018. Till the date , MCGM has not taken any action. As the landlord has taken out ch/summ. , the matter be kept for ad-interim hrg.of the n/m. On 20/3/2018, till then no coercive action be taken by the MCGM.
Adjd.to 20/3/2018 for filing reply to n/m/ hrg.
Next Purpose: REPLY
Next Hearing Date: 20-03-2018
Date: 20-03-2018
Business: Adv.Mr.Redekar for Plff.present.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.Mr.Andrews for applicant present.
Adv.for Plff.submitted that the reply to Ch/s is ready. However, solemn affirmation could not be done as the plff is out of station. The unaffirmed copy of reply is served to both the sides.
Applicant to take steps for registration of Ch/s.
Adjd.for Ch/s on 27.03.2018.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 27-03-2018
Date: 27-03-2018
Business: Adv.Mr.Redekar for Plff.present.
Adv.Mrs.Tadavi for BMC/Deft present.
Adv.Mr.Andrews for Applicant present.
Inspite of specific directions the applicant has neither registered the Ch/s nor has produced the same on record. Applicant is directed to take steps for registration of Ch/s else suitable orders will be passed.
Adv.for Plff.filed reply to Ch/s t.o.r.
Adjd.for directions on 14.06.2018.
Earlier order to continue till next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-06-2018
Date: 14-06-2018
Business: Adv. Mr. Redekar for plaintiff present.
Adv. Ms. Kamble h/f Adv. Ms. Tadavi for BMC present.
Adv. Ms. Sapna Krishnappa for applicant in ch/sum no. 588/18.
She tendered registered Ch/sum no. 588/18.
Advocate for BMC filed say on ch/sum itself.
Earlier order if any, to continue till next date.
Adjd to 28.6.2018 for ch/sum hearing
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv. Mr. Redekar for Plaintiff present.
Adv. Mr. Tadavi for defendant / BMC present.
Adv. Mr. J.S.Kini for applicant present.
Heard both the sides.
O - Earlier order to continue till next date.
Adjd. to 06.07.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Adv. Mr. Redekar for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adv. Mr. Gharat for applicant present.
ORDER
F.R.S.R. following order is passed
1. The Chamber Summons No. 588 of 18 is hereby allowed.
2. The Applicant/Intervener be added as a defendant no.2.
Adjd. to 26.07.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-07-2018
Date: 26-07-2018
Business: Adv. Mr. Redekar for Plaintiff present and filed an application for extension of time to carry out the amendment. T.O.R. and marked as Exh.4. Considering the reason set out in the application time extended to carry out the amendment on or before.
Adv. Ms. Tadavi for defendant / BMC present.
O - Earlier order to continue till next date.
Adjd. to 07.08.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Business: None for plaintiff.
Adv. Tadavi for defendant / BMC present.
K.B.
L.O.
Adv. Redekar for plaintiff present.
Earlier order to continue, if any, till next date.
Adjd. to 28.8.18 for Reply.
Next Purpose: REPLY
Next Hearing Date: 28-08-2018
Date: 28-08-2018
Business: Adv. Redekar for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no. 1 and 2 / BMC present.
Adv. Gharat for deft. no. 3 present.
Earlier order to continue till next date.
Matter adjd. to 4.10.18 for Reply.
Next Purpose: REPLY
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Plaintiff present. Advocate absent.
Adv. Kamble for defendant no. / BMC present.
Adv. Andrews for deft. no. 3 present.
Earlier order, if any, to continue till next date.
Matter adjd. to 29.11.18 for Reply by deft. no. 3.
Next Purpose: REPLY
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: (Incharge Court of C.R.No.8)
Adv. Mr. S.S.Redekar for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant/BMC Present.
Earlier order, if any, to continue till next date.
Matter adjd. to 29.01.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv Redekar for plff present.
Adv Yogita Lanjekar with adv Mhatre for BMC/deft. nos.1 and 2 present.
Adv Gharat for deft no.3 present.
On oral request of ld adv for plff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 8/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv Redekar for plff present.
Adv Gharat for deft no.3 present
Written statement filed by deft no.3.
Adv Mrs.Vyavhare for BMC/defts no.1 and 2 present.
Adv for deft no.3 filed reply to NM.
Earlier order, if any, to continue till next date.
Adjd to 28/03/2019 for rejoinder/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Mr. Yadav for Plff present and tendered rejoinder to reply filed by Defts No.1 and 2 and reply filed by Deft No.3.
Adv. Mrs. Mhatre for MCGM/deft. No.1 and 2 present.
Adv. Mr. Gharat for Deft No.3 present.
Earlier order, if any, to continue till next date.
Adjd to 20/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv. Redekar for plaintiff present.
Adv. Mrs. Hajare h/f Adv. Khandagle for Deft./MCGM present.
Adv. Andrews for def. no. 3 present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 09.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. S. S. Redekar for Plaintiff present.
Adv. Khandagale for MCGM/Defendant No. 1 and 2 present.
Adv. Kini for defendant No. 3 present.
Heard arguments of Adv. Redekar for plaintiff and Adv. Kini for defendant No. 3.
Heard Adv. Khandagale for defendant No. 1 and 2 /MCGM
Earlier order, if any, to continue till next date.
Adjd. to 26/08/2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. S. S. Redekar for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2019 for Nm order.
Next Purpose: NM ORDERS
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Redekar for plaintiff present.
Adv. Mrs. R.M. Hazare h/f Adv. Khandagale for Deft/MCGM present.
F.R.S.R. following order on N/M No. 968/18 is passed -
Order -
1. Notice of Motion No. 968 of 2018 is dismissed.
2. Costs in cause.
Ld. Adv for plaintiff orally request to continue earlier order for giving opportunity to him to prefer appeal against the order and to maintain status quo till then. Other side objects to the same. Considering the fact that ad-interim relief granted in favor of plaintiff on 09-03-2018 and was continued till today, said order to continue for period of 8 weeks from today.
Adjd to 10 -12 -2019 for issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft no. 1 and 2/MCGM present.
None for defendant no. 3
Issues are framed t.o.r. and marked as Exh. 6
Adjd to 16-03-2020 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Plaintiff present.
Adv. Redekar for plaintiff present.
Adv. Khandagle for MCGM/Deft.1 and 2 present.
Avd. Mr.Gharat for defendant No.3 present.
Matter adjd to 29.06.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None for the plaintiff.
Adv.Mr.Khandagale for deft no.1 and 2/MCGM present.
Adv.Mr.Gharat h/f Adv.K.Andrews for deft no.3 present.
Matter adjd to 24.02.2021 for Plaintiff\''s Evidence (R.E.).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. S. S. Redekar for plaintiff present and requests for time to file evidence of plaintiff. Time is granted till next date.
Adv. Ms. Hazare h/f Adv. Khandagale for deft no.1 and 2/MCGM present.
None for deft no.3.
Matter adjd to 16/04/2021 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per circular No.79/2021 dt. 12/04/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv Redekar for plaintiff present and filed evidence of plaintiff of PW-1 and compilation of documents, t.o.r. and marked as Exh.7 and Exh.8 respectively. Copies thereof are served to the defendant nos.1 and 2. Copy be served to the defendant no.3.
Adv. Mrs. Tondwalkar for Defendant no.1 and 2/MCGM is present.
None for defendant no.3.
Adjd. To 11/10/2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv Redekar for plaintiff present.
PW-1 is absent.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
K.B.
L.O. at 11.50 a.m.
Adv Redekar for plaintiff present and seeks time to file original documents on record. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and has given say on Exh.8 (plaintiffs compilation of documents) TOR.
Adjd. To 24/11/2021 for filing say on Exh.8 by defendant no.3/ filing original documents by plaintiff.
Next Purpose: REPLY
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. S.S. Redekar for Plaintiff present. PW 1 is present.
Adv. Mrs. Tondwalkar for Defendant No.1 and 2/MCGM is present.
None for Defendant No.3.
Advocate for Plaintiff filed on record service report of Defendant No.3. T.O.R.
Matter is adjd to 10/01/2022 for say of Defendant No.3 on Exh.8/ admission denial of Defendant No.3.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None for plaintiff.
None for defendant nos.1 and 2/ MCGM.
Adv S.G. Mahamuni h/f Adv K. Andrews for defendant no.3 present and has given say on Exh.8 itself.
K.B.
L.O. at 11.15 a.m.
Adv Redekar for plaintiff present.
PW-1 is present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
Heard both sides on Exh.8.
K.B. for order on Exh.8
L.O. at 12.20 p.m.
ORDER ON EXH.08
Plaintiff has filed the documents alongwith list. Out of it documents filed at Sr No.8,10 and 12 are admitted by the defendants. Therefore the above documents i.e. Show cause notices and Order be exhibited.
The documents filed at Sr No.1 is a old Ration Card. Plaintiff has filed new Ration Card also. He has filed copy of it and submitted that as and when require he will brought the original as original ration card require to him for his day to day work. The documents filed at Sr No.3,4 are the Electricity Bill and Election Card. These are all public documents. Hence, documents filed at Sr NO.1 to 4 be exhibited. The documents filed at Sr No.5 is a notice issued by advocate for plaintiff. The office copy is filed on record. Hence it can be exhibited. The Census certificate issued in favour of Shantaram Gangaram More by competent authority, hence the document filed at Sr No.5,6 and 7 be exhibited. Plaintiff filed on record reply given by him to a Show cause notice. It also be exhibited as sufficiently proved by him during his evidence.
Considering the above discussion plaintiff sufficiently proved all the documents filed list Exh.8. Hence, all documents be exhibited.
Old Ration card
Copy of new ration card.
Electric bills.
Election identify card.
Advocate notice dated 03.06.1999 alongwith advocate envelope.
Hutment census slip for the year 2000
Letter dated 20.06.2017.
Showcause notice u/s 351 of MMC Act, dated 25.01.2018.
Reply dated 05.06.2017.
Order dated 08.11.2017
Letter dated 13.11.2017.
Notice u/s 488 of MMC act dated 14.12.2018.
Adjd. To 09/02/2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd to 09/03/2022 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Plaintiff is present. His advocate absent.
Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM is present.
Adv Gharat for defendant no.3 present.
K.B.
L.O. at 1.55 p.m.
Adv Redekar for plaintiff present.
PW-1 is present.
Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM is present.
Adv Gharat for defendant no.3 present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 30/03/2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Adv Redekar for plaintiff present and states that PW-1 is sick and unable to attend Court today, hence requests for time to secure the presence of PW-1. Time is granted till next date.
PW-1 is absent.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 10/06/2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Redekar for plaintiff present and seeks time to lead evidence. Adjourned till next date.
P.W.-1 is absent.
Adv. Mrs. Tondwalkar for defendant No. 1 and 2/ MCGM is present.
Mr. Ganesh Devadiga, POA holder of deft No. 3 present and gave consent for adjournment.
Adv. for deft. No. 3 absent.
Adv. for plaintiff is directed to secure the presence of P.W-1 on next date.
Adjd. to 18/07/2022 for cross-examination of P.W.-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Redekar for plaintiff present.
P.W.-1 is present.
Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present.
None for deft. No. 3.
K.B.
L.O. at 12.45 p.m.
Adv. Gharat for deft. No. 3 present.
Rest of the same appearance.
P.W.-1 Mr. Janardhan Shantaram More is resumed on S.A.
Cross-examination of P.W.-1 by Adv. Mrs. Tondwalkar for defendant/MCGM recorded and completed.
On oral request of Adv. for deft. No. 3 to cross-exam. P.W.-1, matter is adjourned till next date.
Adjd. to 22/08/2022 for cross-examination of P.W.-1 by deft. No. 3.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv.Mr. S. S. Redekar for plaintiff present
Adv. Mrs. Tondwalkar for defendant no.1 and 2/ BMC is present.
P.W.1 is present
C.A. for D/3 present. His advocate is absent
K.B.
L.O.
Adv. Mahamuni for Defendant No.3 present.
Rest of the same appearance.
P.W.-1 Mr. Janardhan Shantaram More is on S.A.
Cross-examination of P.W.-1 by Adv. Mr. Mahamuni for defendant No.3 is recorded.
Advocate for plaintiff requests for time to file further evidence. Time is granted till next date.
Adjd. to 19/09/2022 for further evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Redekar for plaintiff present and tendered application for issuance of witness summons, TOR and marked as Exh.21. Copy supplied to other side. O - The defts. to say.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
Adv. Shraddha Kumbhar h/f Adv. K. Andrews for deft.3. present.
K.B.
L.O.
Adv. for deft. Nos.1 and 2 has given say on Exh.21.
Adv. Gharat for deft No.3 present and has given say on Exh.21.
Order on Exh.21 - Issue witness summons on payment of Bhatta.
Adjd. to 17/10/2022 for further evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: As Court is on half-day (morning session) leave, board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Plaintiff present, his advocate absent.
None for defendant Nos.1 and 2/ BMC.
C.A. of deft. No.3 present, his advocate absent.
K.B.
L.O.
Adv. Redekar for plaintiff present and tendered original witness summons, TOR and marked as Exh.22.
Rest of the same appearance.
K.B.
L.O.
Adv. Mr. Sutar h/f Adv. Tondwalkar for defendant Nos.1 and 2/ BMC present.
Mr. Ramendra Banik, HR Head, Trombay Plant, The TATA Power Co. Ltd. (P.W.-2) is present.
Rest of the same appearance.
K.B.
L.O.
Same appearance.
Exh.23 - Examination-in-Chief of P.W.-2 on S.A. by Adv. Mr. Redekar for plaintiff is recorded and completed.
Cross-examination on behalf of Adv. Sutar for defendant No.1 and 2/ BMC and on behalf of defendant No.3 by C.A. is declined.
On oral request of Adv. for plaintiff, matter is adjourned.
Adjd. to 28/11/222 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Redekar for plaintiff present and submitted that plaintiff has examined 2 witnesses. The plaintiff has to verify the record of TATA Power Supply and as such some time is required. Hence, adjourned.
None for defendant No.1 and 2/ BMC.
Adv. Gharat for deft. No.3 present.
Adjd. to 16/01/2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. S. S. Redekar for plaintiff present and tendered application for issuance of witness to the city survey office, TOR and marked as Exh.24. O - Issues witness summons on payment of nesseary charges/Bhata.
Plaintiff is also present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
Adv. Gharat for defendant No.3 present.
Adjd. to 15/02/2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Redekar for plaintiff present.
Adv. Mr. Suryavanshi for defendant Nos.1 and 2/ BMC is present.
Adv. Gharat h/f Adv. K. Andrews for defendant No.3 present.
Exh.25 - Witness summons tendered by Adv. for plaintiff.
Exh.26 - P.W.-3 Mr. Ravindra Shivaji Gite is present and resumed on S.A.
Exh.27 - Application for taking certified copies on record tendered by Adv. for plaintiff. O - Allowed.
Exh.28 - List of documents tendered by Adv. for plaintiff, TOR.
Exh.29 - Map.
Exh.30 - True copy of page of Enquiry Register.
Examination in Chief of P.W.-3 by Adv. for plaintiff is recorded and completed.
Cross-examination of P.W.-3 by Adv. for deft. Nos.1 and 2/ BMC is recorded and completed.
On oral request of Adv. for deft. No.3, matter is K.B.
L.O. (after recess).
Adv. Mahamuni h/f Adv. K. Andrews for deft. No.3 present.
Rest of the same appearance.
Cross-examination of P.W.-3 by Adv. for deft. No.3 is recorded and completed.
On oral request of Adv. for plaintiff, matter is adjourned till next date.
Adjd. to 27/03/2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Redekar for plaintiff present and requested for adjournment on ground that he has to take steps for issuance of summons to officer of City Survey Officer. O-adjourned.
Adv. Mr. Suryavanshi for defendant / BMC is present.
Adjd. to 26.06.2023 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Plaintiff present and his advocate is absent.
Plaintiff submitted that his Adv is coming keep back the matter. Hence kept back.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adv. Gharat for def No. 3 present.
L.O.12.45 p.m.
Adv. S.S. Redekar present and tendered application for issuance of witnesses summons, marked as Exh. 31 O- Other side to say.
Adv for defendant/BMC has given say on Exh. 31 overleaf.
Adjd to 09.08.2023 for hearing on Exh. 31/R.E. P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Advocate S.S. Redekar for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant No.1 and 2/BMC present.
Adv Mahamuni for defendant No. 3 present.
Heard argument of both sides on Exh. 31.
Order on Exh. 31
1. The plaintiff has filed this application for issuance of witness summons to Deputy Divisional Officer Suburbs Mumbai.
2. The Corporation/BMC opposed application on ground that in the application it is not specifically mentioned which documents are required. Adv. Mahamuni for defendant No. 2 submitted that plaintiff can apply for certified copy and produce in the Court. Therefore there is no need of issuance of witness summons to produce documents.
3. Advocate for plaintiff submitted that plaintiff came with the case that suit is in existence prior to datum line in order to prove this fact, certain documents which are available in the office of the Deputy Division Officer are necessary. Hence I pass following order.
ORDER
Issue witness summons as prayed with Bhatta Charges.
Adjd to 13.09.2023 for further evidence of plaintiff / Compliance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Plaintiff and his Advocate Redekar are present and tendered original witness summons TOR marked as Exh. 32
Witness absent.
Advocate Suryavanshi for defendant No.1 and 2/BMC present.
C.A. of Defendant No.3 and his Adv. Mahamuni for are present.
keep back
L.O.
Same appearance
On oral request of adv. for plaintiff matter adjourned.
Adjd to 11.10.2023 for further evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Advocate S.S. Redekar for plaintiff present and requested to keep back the matter in afternoon. Hence kept back
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adv. Gharat for deft No. 3 present.
keep back
L.O. 3.57 p.m.
Adv Redekar for plaintiff present
Adjd to 01.11.2023 for further evidence of plaintiff /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Plaintiff present
Advocate Ajay Das for plaintiff present and filed undertaking, marked as Exh. 33 to file VP on next date and to take further steps. Hence matter adjourned
Advocate Suryavanshi for defendant/BMC present.
Adjd to 24.11.2023 for further Evidence of plaintiff/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Advocate Ajay Das for plaintiff present and tendered Vakalatnama marked as Exh. 34
Adv Rohit Pandey for deft No. 3 present.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Witness present.
Adv for plaintiff is requested to keep back the matter. Hence keep back.
Keep back
Later on 11.48 p.m.
Same appearance
Adv. Gharat for deft No. 3 present.
PW-4 present is on S.A.
Exh. 35 -Examination in Chief and cross-examination of PW-4 is recorded and completed.
Letter issued by Sub-divisional officer, Eastern Suburb, Mumbai Suburban District letter is marked as Exh. 36.
Adv for plaintiff tendered application for issuance of witness summons TOR marked as Exh. 37. O- Other side to say.
Adv for deft/BMC and Adv for deft No. 3 have given say on Exh.37 overleaf.
Heard.
Order on Exh.37 - Issue witness summons
Adv for plaintiff requested time for further evidence. Granted.
Adjd to 13.12.2023 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Advocate Ajay Das for plaintiff tendered adjournment application TOR and marked Exh.38-Allowed.
Advocate Mr. Suryavanshi for D-1 and 2/BMC present.
None for D/3
Adjd to 17/01/2024 for further evidence of plaintiff R.E/P.H.
L.O. at 12:30 p.m.
Adv. Mr. Mahamuni for D/3 present
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Advocate Gawade h/f Ajay Das for plaintiff present and submitted that time may be extended for depositing witness Bhata. Hence keep back
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
C.A. Ganesh Devadika of Deft No. 3 present.
Later on 12.14 p.m.
Same appearance
Adjd to 16.02.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Advocate Mahesh Gawade h/f Das for plaintiff present and
tendered original witness summons marked as Exh. 39 and requested short date for further steps. Granted
Advocate Suryavanshi for defendant No. 1 and 2 /BMC present.
Witness absent.
Adv Manhamuni for deft No. 3 present.
Adjd to 23.02.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv. Ajay Das for plaintiff present and tendered application for issuance of B/W to the witness marked as Exh. 40
order on Exh. 40- Issues witness summons through Bailiff of office of the Sheriff of Mumbai
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adv. Mahamuni for Deft No. 3 present.
Adjd to 27.03.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adv. Gharat for deft No. 3 present.
keep back
Later on 12.30 p.m
Adv. Ajay Das for plaintiff present.
Rest of the same appearance.
Re-issues summons below Exh. 40
Adjd to 19.06.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Plaintiff and his Adv. Ajay Das are present.
Advocate Vywahare for defendant No. 1 and 2/BMC present.
Adv. Tajane h/f Gharat for Deft No. 3 present.
It appears that summons is not issued as per order below Exh. 40. hence matter adjourned
Adjd to 19.07.2024 for further evidence of plaintiff /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Plaintiff present and his Adv is absent.
Summons report Exh. 41 and Exh. 42
Advocate Honmane for defendant No. 1 and 2/BMC present.
None present for deft No. 3
on request of plaintiff kept back.
Later on
Adv. Ajay Das for plaintiff tendered application for issuance of warrant against witness marked as Exh. 43
Order on Exh. 43 – Heard Advocate for the plaintiff and adjourned to next date for order due to paucity of time.
Adv. Gharat for deft No. 3 present
Adjd to 29.07.2024 for Order on Exh. 43/further evidence of plaintiff /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Plaintiff and his Advocate Ajay Das are present.
Advocate Honmane for defendant No. 1 and 2/BMC present.
None present for deft No. 3
Order on Exh. 43 – The witness summons has been duly served upon witness vide bailiff report 42 but witness did not present. The witness has called upon to produce document. The document are material but witness did not remain present and failed to produce document as per summons. Hence issue B/W of Rs. 5000/- against witness.
Adjd to 21.08.2024 for further evidence of plaintiff BW Report/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Plaintiff and his Advocate Ajay Das are present.
Advocate Botlawar for defendant No. 1 and 2/BMC present.
Adv. Tajne h/f Gharat for deft No. 3 present.
Bailiff Report of B/W marked as Exh. 44.
Witness Shri Girish Parab, Sub-Division Officer, Eastern Suburb is present and submitted that he has just now transferred in said office and after online search he came to know about the todays date and he appeared and requested time to take search of documents. He further submitted that the number given by the plaintiff is not correct number of the file. Hence matter adjourned till next date. Witness further submitted that longer date be given, hence matter adjourned.
Adjd to 23.09.2024 for further evidence of plaintiff/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Plaintiff present and submitted that concern officer was present on previous date has been transferred and requested for adjournment. Hence matter adjourned.
Advocate Honmane for defendant No. 1 and 2/BMC present.
Adv. Gharat for deft No. 3 present.
Plaintiff requested for longer date.
Adjd to 21.10.2024 for further plaintiff evidence/ R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Das for plaintiff present and submitted that the witness ie Officer who was present on 21.8.2024 has been transferred and new Officer told plaintiff to take the date after Diwali vacation, hence matter adjourned
Advocate Honmane for defendant No. 1 and 2/BMC present.
C.A. of deft No. 3 present
Adv. Tajne for deft No. 3 present.
Adjd to 22.11.2024 for further evidence of plaintiff /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Mahesh Gawade h/f Das for plaintiff present and requested time to take steps against the witness.
Advocate Honmane for defendant no. 1 and 2/BMC present.
None present for deft No. 3
Adjd to 29.01.2025 for evidence of plaintiff /R.E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. Mr. Ajay Das for the plaintiff is present and sought time to lead evidence, as witness is not available to file documents. Time is granted. Adv. Ms. Honmane for defendant Nos. 1 and 2/MCGM is present. Adv. Mr. Mahamuni for defendant No.3 is present.
Adjourned for RE (PH) to 19.03.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant Nos.1 and 2/MCGM is present. Adv. Mr. Narendra Gharat for defendant No. 3 is present.
Adjourned for RE.P.H. to 09.07.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff is absent. Adv. Mr. Mahesh Gawade h/f Adv. Mr. Ajay Das for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 3 is present.
No steps taken to adduce further evidence. Granted as a last chance or else the plaintiff evidence will be closed.
Adjourned for RE.P.H.to 06.08.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff in person present.
Adv for plaintiff is absent.
Adv Gharat for defendant No.3 present.
Adv. Ms. Vidya Vyavahare h/f Sangita Honmane for defendant/MCGM is present.
Upon perusal of record it appears that no positive steps are being taken by the plaintiff to proceed with the matter. He has not adduce further evidence, despite clear instruction to that effect. In view of the same, considering the conduct of the plaintiff, his evidence stands closed.
Adjourned for evidence of defendant evidence to 20.08.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 3 is present.
Adjourned for Evidence of defendant to 17.09.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person and tendered draft Notice of Motion, along-with affidavit in support. O- Leave is granted to register before next date In default, the draft NM would stand dismissed. Copy is supplied to the other side.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 2 is present
Adjourned for tendering registered NM/NM Reply to 13.10.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2025
Date: 13-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
None present for defendant No. 2.
Adjourned for tendering registered NM/NM Reply .to 19.11.2025
Next Purpose: REPLY
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ajay Das for the plaintiff is present and requested for extension of time to register NM. O-Time is extended till the next date.
Plaintiff is present
Adv. Ms. Vidya Vyavhare for defendant No. 1 and 2/MCGM is present.
Adv. Hanuman Tajne h/f Adv. Narendra Gharat for defendant
No. 3 is present.
Adjourned for tendering registered NM/NM reply to 05.01.2026
Next Purpose: REPLY
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Ajay Das for the plaintiff is present and tendered registered NM No. 37/2026 with affidavit.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv. Hanuman Tajne h/f Adv. Gharat for defendant No. 3 is present and filed reply to NM No. 37/2026.
Adjourned for NM hearing to 20.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2026
Date: 20-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ajay Das for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv Gharat for defendant No. 4 is present
Adjourned for NM hearing to 25.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2026
Date: 25-03-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for NM Hearing to 24.06.2026.
LO at 3.18pm
Adv. Mr. Gharat for defendant no.3 present.
Already Adjourned for NM Hearing to 24.06.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2026
Date: 24-06-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is present, his advocate absent.
Defendant No.3 present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 12.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2026
Date: 12-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Nitin Kaskar Adv. Mr. Ajay Das for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
None present for defendant No. 3
Heard argument of both the sides on NM 37/2026
Adjourned for NM Order to 11.09.2026
Next Purpose: NM ORDERS
Next Hearing Date: 11-09-2026