Smt. Krushnavati Ramchandra MhatreVsMCGM

Date: 19-03-2018
Business: Perused documents. Prima facie it appears that the defendant has issued notice u/s 314 of MMC Act on 22-05-2017, in respect of installation of G plus 1 structure, contrary to provisions of section 312(1), 314(d) of MMC Act at Keni Road, Bhandup Village. It seems that suit property is the structure on the land owned by Jaaibai Atmaram Mhatre on Survey No.522/1. It appears that notice has been given in view of construction erected on street/Kini Road and not in respect of suit property. Further prima facie reveals that since 22-05-2017 the Plaintiff has not replied the notice. Thus, it is not fit case to grant ad-interim relief. Hence it is rejected.
Matter adjd to 18-04-2018 for reply to N/M / W/st.
Next Purpose: REPLY
Next Hearing Date: 18-04-2018

Date: 18-04-2018
Business: H.H.J. is on leave today. Hence board is discharged.
Next Purpose: REPLY
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: Plaintiff and adv absent.
Adv Tondwalkar for def/BMC present.
Adjourned to 03.09.2018  for reply.
Next Purpose: REPLY
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Court is busy in hearing arguments and dictating orders on NM nos.143/09, 3802/18 and 1791/17 as well as hearing argument on Notice of Motion in suit no.1320/15, hence board is discharged and case is adjourned to 17/12/2018.
Next Purpose: REPLY
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.2661/10 and dictating order on Chamber Summons in suit no.1692/18, hence case is adjourned to 19/03/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Court is busy in hearing and dictating order on Chamber Summons in suit nos.705/19, 706/19 and 709/19 as well as Court has to hear urgent matters, hence case is adjourned to 04/07/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: As court is busy in NM hearing in suit No. 1406/17. The Board is discharged.
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: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Kamble h/f adv. Mirashi for plaintiff present.
Advocate Ms.Mhatre h/f adv. Ms. Chavan  for defendant/ MCGM present and sought time. Time is granted.
The case is adjourned to 03.02.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: By praecipe
Advocate Ms. Mansi Pilankar h/f adv. Mirashi for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
KB
LO at 3.46 pm,
Adv. Mirashi for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Mr. Milind Sawant, Jr. Engineer \''S\'' ward present.
Advocate for plaintiff submitted that he is pressing for ad-interim relief. Advocate Ms. Chavan requested to keep back the matter for filing affidavit of the officer along with documents.
Advocate for plaintiff was called upon to submit whether second Notice of Motion is maintainable without change in circumstances.  He submitted that the order passed by this Court is being misinterpreted by the defendant and the threat of demolition is renewed.  Therefore the plaintiff has moved another NM against the officers of the defendant.
KB
LO at 4.45 pm,
Same appearance.
Advocate for plaintiff submitted that he is not pressing for ad-interim relief and NM be made returnable.
Leave is granted to register NM. It is made returnable by next date.
Already the case is adjourned to 03.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Mr. Satish Adasul for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd.
Exh.2- V/P of adv. Mr. Satish Adasul on behalf of plff,
Matter is adjd. for NM hearing on 26.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: None for plaintiff, it appear that Draft NM tendered by plff is not collected for registration.  Plff to register the NM within two weeks, otherwise court may proceed for dismissal.
Adv. Mrs. Mhatre for deft./MCGM, prayed for time to file reply.
Matter is adjd. for dismissal on 17.06.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for plaintiff.
Adv. Tondwalkar  for deft./MCGM present.
Despite intimation in roznama dtd. 26-02-2020, Plaintiff is failed to register the NM.
Matter is adjd.to 04-02-2021 for Dismissal
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Perused the record. Direction was given to the plaintiff to get register the two notices of motion. However, plaintiff fail to comply the direction of the court. Further plaintiff has not taken any steps to proceed the suit. Hence, suit and draft NMs are hereby dismissed in default. Draft NMs be registered for the statistical purpose.
                                                                               Judge
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-02-2021

Filing Number: 103365/2018
Filing Date: 28-02-2018
First Hearing Date: 02nd May 2018
Decision Date: 04th February 2021
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE