Kaveri Eknath GhagVsMCGM +1 more

Date: 19-03-2019
Business: Advocate Mr. Asit Singh for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Hajare for BMC/Deft present.
Advocate Mr. Rehan Ansari for Defendant no.2 present and undertakes to file Vakalatnama on behalf of Defendant no.2 on next date.
Heard advocate Mr. Asit Singh for ad-interim relief in draft Notice of Motion in this Suit.  It is submitted that, Plaintiff is owner of Gala no.17,  Defendant no.2 is owner of Gala no.18 and Defendant no.2 is making construction of ground plus three floor in Gala no.18, therefore Defendant no.2 has demolished old structure of said Gala and thereby damaged the wall of Gala no.17.  It is pleaded in para no.6 of the plaint that in between Gala nos.17 and 18 there is space admeasuring 4 ft X 22 ft. It is further argued that Plaintiff has no objection for construction of Defendant no.2 if said space will be left and if Defendant no.2 will make construction by obtaining permission from BMC.
Advocate Mr. Rehan Ansari for Defendant no.2 pointed out that in N. C. reports filed at page no.20 and 22 of the plaint Plaintiff himself has admitted that there is common wall in between Gala nos.17 and 18. It is argued that if really the space as pleaded would have been existed, Plaintiff would have mentioned said fact in N.C. report.  It is further pointed out that in plaint it is alleged that on 09/03/2019 at 11.00 am Defendant no.2 demolished Gala no.18 and also demolished the common wall between Gala no.17 and 18.  In para no.9 of the plaint it is mentioned that on 13/03/2019 at 10.00 am. Deft no.2 has put bricks and sands at Gala no.19 and tried to start construction work at suit space, however advocate for Defendant no.2 pointed out that even though alleged incident has taken place on 09/03/2019 at 11.00 am  Plaintiff has rushed to police on 10/03/2019 at 6.30 p.m, hence N.C. report is after thought action and said report is filed after having advise.  In respect of allegations of construction of ground plus three plus structure, it is submitted that in plaint it is pleaded that Plaintiff has learnt from public about such a construction.  Advocate for Defendant no.2 argued that Defendant no.2 is not making any construction but is repairing the collapsed wall so that drug addicts or antisocial elements should not enter into Gala No.18.  It is further argued that when Defendant no.2 asked Plaintiff to contribute the expenses for construction of common wall, Plaintiff ----------
I have given serious consideration to the arguments advanced by advocate for Plaintiff and Defendant no.2.  I have carefully perused documents referred by Plaintiff\''s advocate as well as advocate for Defendant no.2.  Plaintiff has pleaded that there is space admeasuring 4 ft X 22 ft in between Gala Nos.17 and 18, however it becomes necessary to mention here that Plaintiff\''s advocate fairly submitted that, the space in between Gala no.17 and 18 is admeasuring 2 ft X 22 ft. and type mistake is committed in para no.6 of the plaint.  Any how, there is no document on record to show that any such space exists in between Gala no.17 and 18.  Further, if really, any such space would have existed definitely Plaintiff would have mentioned in NC report the fact about existence of such space. On the contrary, in NC reports Plaintiff has claimed that there is common wall in between Gala nos.17 and 18.  As such, Plaintiff himself has falsified his case, therefore ad-interim relief as prayed can not be granted.
Case is adjourned to 09/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Ms. Hajare for MCGM/Deft present.
As court is busy in hearing Suit no. 2310/17 and St. No. 545/19 and suit no. 337/14 hence board is discharged.
Adjd. To 13.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Advocate  for plaintiff present.
Advocate  Rehan Ansari for defendant No.2 present and filed WriStten Statement. He also filed Vakalatnama both are TOR both are marked as Exh. 3 and 2 respectively.
Advocate Ms. Mhatre  for defendant/MCGM present.
The case is adjourned to 22.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: None for plaintiff.
Advocate Rehan Ansar for defendant no.2 present.
Advocate Ms. Mhatre  for defendant/MCGM present.
The case is adjourned to 17.10.2019 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate Asit Singh for plaintiff present and submitted that he is withdrawing the NM as defendant no. 2 has stopped the construction. He also sought liberty to move fresh NM in case occasion arises.
Advocate Ms.Mhatre  for defendant no. 1/MCGM present.
Advocate Nihar Ansari for defendant no. 2 present and objected for granting such liberty as sought by the plaintiff.
Considering circumstances plaintiff is permitted to withdraw the NM 1492/19. It stands disposed of accordingly.
Considering submissions of advocate for plaintiff, plaintiff is seeking liberty to file fresh NM if defendant no. 2 tries to raise construction.  In such circumstances, since it will be a fresh cause of action for the plaintiff liberty as sought need not be granted.
The case is adjourned to 16.01.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM present,prayed for adjd to file W.S.
Matter is adjd. for W.S on 23.04.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Matter is adjd. to 08/03/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Mr. Asit Singh for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time for filing w/s.
Adv. Hitesh Thorat for defendant no. 2 is present.
Matter is adjourned for w/s of defendant no. 1 to 28.06.21.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for Plaintiff.
	Adv. Mr. Khandagale for Defendant No. 1/BMC present and seeking time to file Written Statement.  Time granted as a last chance.
	Matter adj. to 25/01/2022 for filing WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: None for plaintiff is present.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant No.1/MCGM is present.
Defendant No.2 is absent.
Adv. for defendant No.1 orally requested for time to file W/S. Granted.
Adjourned for W/S to 16.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 1/
MCGM is present and orally requested for time to file WS. Granted strictly as a last chance.
Adv. Mr. Jitesh Thorat h/f Adv. Ansari for defendant No.2 is present.
Adjourned for WS to 27.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mr. Asit Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant No.1/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of defendant No.1.
None present for defendant No.2.
Adjourned for issues to 05.09.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mr. Amit Patel for plaintiff is present.
Adv. Mr. Khandagale for defendant No. 1/MCGM is present.
Mr. Adv. Mr.Rehan Ansari for defendant No. 2 is present. He submitted that as per the information received, the plaintiff is no more. The advocate for the plaintiff orally requested for time to verify this fact and to take suitable steps, if required.
Adjourned for steps/framing of issues to 04.11.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present for the plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant No. 1/
MCGM is present.
Adv. Mr. Nihan Ansari for defendant No. 2 is present.
Adjourned for steps/issues to 11.01.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: None present for the plaintiff to take suitable steps.
Adv. Mr. S.C. Khandagale for defendant No.1/MCGM is present.
None present for defendant No. 2.
Adjourned for steps/suitable Order to 04.03.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant No. 1/MCGM is present.
None present for defendant No. 2.
Adjourned for steps/suitable Order to 19.04.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Mr. Asit Singh for the plaintiff is present. He informed that nobody has come forward to provide details of L.Rs. of the deceased plaintiff and therefore, the suit may be disposed of.
Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
None present for defendant No. 2.
Order below exhibit No. 01:
      The record goes to shows that on 05.09.2022, the advocate for defendant No. 2 informed this Court that the plaintiff is no more and since then, this matter was pending for steps. Today, advocate of the plaintiff informed that he has no instructions about her L.Rs.. The suit is filed by the sole plaintiff and nobody is substituted on her behalf till date. The period of limitation for bringing her L.Rs. and also for setting aside of abatement is already over. Hence, the suit is disposed of as abated. All the pending applications are filed. The parties to bear their own costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: ABATED
Disposal Date: 19-04-2023

NOTICE OF MOTION/101492/2019

Filing Number: 103252/2019
Filing Date: 15-03-2019
First Hearing Date: 19th March 2019
Decision Date: 19th April 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE