Sajid Hussain ContractorVsB.M.C

Date: 01-03-2018
Business: Adv. Rawade strongly objected to extend the order of status quo.  According to her the Chamber summons for setting aside the abatement is not taken out by the applicant. It is necessary to hear the parties on merits. The applicant is directed to produce the photographs  of the notice structure and the suit premises indicating the date on which they are snapped, on next date. Till then the order of Status quo dated 23.02.2018 is extended till 13.03.2018.  and ordinary copy of this order duly Authenticated by the sheristedar of this court be supplied to both the parties.
Adjd. for reply of corporation and arguments on NM No. 875/2017
Next Purpose: REPLY
Next Hearing Date: 13-03-2018

Date: 13-03-2018
Business: Resumed.
Plaintiff, Adv. Aakash Rebelo for plaintiff and Adv. Rawade for BMC are present.
Adv. Rebelo files additional affidavit in support of NM and supplies copy to Adv. Rawade.  Adv. Rawade seeks time to file reply.  Earlier order if any to continue till the next date.
Adjd. for reply of NM and arguments to 27.03.2018.
Next Purpose: REPLY
Next Hearing Date: 27-03-2018

Date: 27-03-2018
Business: Resumed.
The P.O. is busy in hearing of Stamp No. 4498/2018 and Suit No. 844/2018 and Judgment in Sessions Case No. 768/2017.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
Adjd. for  NM reply to 17.04.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: Resumed.
Adv. Shabnam Khan for plaintiff and Adv. Rawade for BMC are present.  Adv. Khan tenders affidavit with photographs.
Adv. Rawade seeks time to file reply to NM.  Granted as last chance.  Earlier order if any to continue till the next date
Adjd. For NM reply to 03.05.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: Resumed.
The P.O. is busy in hearing of NM in suit NO. 138/2018 and passed order on NM No. 1620/2018 in Stamp No. 5514/2018.  Earlier order if any to continue till the next date.
Adjd for NM reply to 21.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Resumed.
None for plaintiff/applicant.  Adv. Rawade for MCGM seeks time to file reply.  Time is granted.
Adjd for reply of defendant to 21.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2018

Date: 21-07-2018
Business: Resumed.
None for plaintiff. Adv. Dhumale /Rawade for MCGM is present.
Adv. Dhumale /Rawade seeks time to file reply to NM.
Adjd for NM reply to 15.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2018

Date: 15-09-2018
Business: Adv. Siddiqui for plaintiff.
Earlier order if any to continue till the next date.
Adjd for NM reply rejoinder to 29.09.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2018

Date: 29-09-2018
Business: Resumed.
Adv. Shabnam Khan for plaintiff is present.
Adv. Dhumale h/f Adv. Rawade for MCGM seeks time to file reply to NM.  Granted as a last chance with a direction that if the defendant fails to file reply necessary orders will be passed in the matter.
Earlier order if any to continue till the next date.
Adjd for NM reply / orders to 20.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Business: Resumed.
Adv. Shabnam Khan for plaintiff is present.
The P.O. is busy in hearing final arguments in Time Bound matters i.e. 2187/2006 and 3169/2006.
For want of time the board is discharged.
Adjd for NM reply to 11.12.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2018

Date: 03-11-2018
Business: Mentioned by pracipe.  NOB. TOB.
Heard, advocate Shyam Kapdia for plaintiff.  According to him earlier by order dtd. 23.02.2018 an order of status-quo was granted.  However, according to him the defendant again on 31.10.2018 issued a fresh notice u/s 488 of MMC Act for demolition of the notice structure and therefore he is prayed for interim protection.
  The ld. Adv. for defendant objected to grant any relief as the plaintiff has not taken proper steps and therefore no reliefs should be granted to the plaintiff.
  On going through the records it appears that by order dtd. 23.02.2018 both the parties are directed to maintain status-quo and it was extended from time to time awaiting the reply of the defendant and it is adjourned to 11.12.2018.
  Considering the apprehension of the plaintiff of demolition of his structure on the basis of notice dtd. 31.10.2018 and in absence of reply of the defendant to NM No. 875/2018, the defendant is directed that no coercive action be taken against the suit structure till next date.  In order to hear all the matters at a time the hearing of this NM is preponed to 22.11.2018.  The concern plaintiff to note.  Plaintiff to communicate this order to the concern ward office.
     An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
  Adjd for reply to NM to 22.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Resumed.
Adv. Shabnam Khan h/f Adv. Mahesh Mishra for plaintiff and Adv. Ravade for MCGM are present.
Adv. Ravade seeks time to file reply.
Earlier order if any to continue till the next date.
Adjd for NM reply to 27.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Resumed.
Adv. Rebelo for plaintiff is present.
The P.O. is busy in judgment in Sessions Case No. 576/2017 and 577/2017 and hearing ad-interim relief arguments in Suit no. 3012/2018.  For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM reply to 01.12.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2018

Date: 01-12-2018
Business: Resumed.
Adv. Sabnam Khan with Adv Rebelo for plaintiff and Adv. Ravade for MCGM are present.
Adv. Ravade filed affidavit in reply to NM.  O- filed.
Copy is served on Adv. Rebelo.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 11.12.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Business: Resumed.
Adv. Rebelo for plaintiff is present.
Adv. Dhumale seeks time on the ground that concern Adv. Ms. Ravade for MCGM is in personal difficulty due to demise of her relative.  Time is granted.
Earlier order if any to continue till the next date.
Adjd for arguments on ad-interim to 22.01.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Resumed.
Adv. Rebelo for plaintiff and Adv. Ravade for MCGM are present.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 12.02.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Resumed.
PO is busy in dictating order on NM in suit no. 5213/12 and ad-interim relief in suit no. 327/19.
Adjd for NM hearing to 26-02-2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv. Mishra for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
Adv. Patel for applicant present.
Adv. of applicant seeks time to arguments. Time granted.
It is made clear that time adjournment would not be  granted.
Matter adjd. to 5.3.19 for Chs Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Plaintiff and advocate absent.
Adv. Rawade for defendant no. /MCGM present.
Adv. S. H. Patel for applicant present.
Matter adjd. to 16.3.19 for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: As Court is busy in recording evidence in S.C.231/18, S.C.329/18, dictating Charge in S.C.561/97 and also dictating order in notice of motions and chamber summons, hence, board is discharged.
Matter adjd to 02.04.2019 for NM argument.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Plaintiff and advocate absent.
Adv.Smt.Rawade for defendant/MCGM present.
Matter adjd to 27.06.2019 for NM Argument.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Plaintiff and advocate absent.
Adv.Smt.Rawade for defendant/MCGM present.
Matter adjd to 13.08.2019 for NM Argument.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Matter adjd to 21-09-2019 for framing issue
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: As Court is busy in recording evidence in Suit nos. 168/2019, 372/2018, Sessions Case nos. 3349/2014 and 5005/2012, hearing arguments in Suit nos. 3867/2007 and 492/2016, passing order in suit no.1610/2012, 1795/2011 and 1794/2011 and other misc. work hence, board discharged.
Matter adjd to 03/10/2019 for hrg.on n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Plaintiff and Adv. absent.
Adv. Mrs. Dhuri/Rawade for defendant/MCGM present.
Matter adjd to 17/10/2019 for hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: As Court is busy in other matters Hence, matter is adjd to 22.11.2019 for hrg.on N.M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work.
Matter adjd to 09/12/2019 for hrg. On n.m
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Plaintiff and his advocate absent.
Adv. Mr. Suryavanshi  for defendant/MCGM present.
Matter adjd to 15/01/2019 for hrg.on n.m..
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Plaintiff present and advocate absent.
Adv. Mr. Nandanwar  for defendant MCGM Present.
Mater is adjd to 14.02.2020 for hrg.on n.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Plaintiff and advocate are absent.
Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
Matter is adjd to 20/03/2020 for hrg.on n.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: In view of Lockdown, Hence Matter is adjd. to 24.07.2020
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: Matter is adjd. to 27.07.2020
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Plaintiff and Advocate absent.
Adv Suryawanshi for MCGM/defendant present.
Adjd for NM arguments to 31/10/2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None present for plaintiff.
Adv Smt. Rawade present for MCGM/defendant.
Matter adjourned for NM arguments to 07.01.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM arguments to 02.02.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM arguments to 16.02.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM arguments to 20.03.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: None present for plaintiff.
None present  for MCGM/defendant.
Matter adjourned for Reply to 06/05/2021.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Due to covid-19 matter adjd. to
Next Purpose: REPLY
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: As presiding Officer is on leave, hence board is discharged so matter is adjd. to
Next Purpose: REPLY
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: As court is busy in order on Chamber summons 377/2019 in Suit no. 2505/2011 and hearing urgent arguments in Suit No. 1600/2016 and in By Praciepe Suit St. No. 6122/21 hence, remaining board is discharged and matter is adjd. to.
Next Purpose: REPLY
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM    no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to.30/11/21.
Next Purpose: REPLY
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None Present For Plaintiff.
Adv. Sutar present for MCGM/defendant.
Plaintiff\''s evidence is awaited.
As plaintiff and his adv. absent, Matter adjourned for Reply to. 27/01/22.
Next Purpose: REPLY
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: ajdj.
Next Purpose: REPLY
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for reply on 22-11-2022
Next Purpose: REPLY
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: As Court is busy in order dictating in matters i.e. Suit No. 2593 of 2010, Suit No. 3163 of 2018 and Stamp No. 12271 of 2022. Hence want of time board is discharged.
Next Purpose: REPLY
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: As court is busy in order dictating matters i.e. Suit No. 2096 of 2022 and Stamp No. 759 of 2023 and urgent hearing matter i.e. Suit No 1503 of 2014. Hence want of time board is discharged.
Matter is adjd on 17-03-2023
Next Purpose: REPLY
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None for Plaintiff present.
Adv Pradeep M. Patil for defendant /MCGM present.
Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and  SC No. 1405 of 2019.
Matter is adjd for NM on 19-07-2023
Next Purpose: REPLY
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 25.08.2023  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: None for plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 30.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None for plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd. to 20.11.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 17.01.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: None for plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 13.03.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: None for plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 20.04.2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Advocate for the defendant/MCGM submitted that reply is already filed on record on 01-12-2018.  However, the plaintiff and his advocate remained absent.  Hence, matter be kept for dismissal of N/M NO. 575/2018.
Matter is adjd  to 04-05-2024 for N/m dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None for plaintiff.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 18.07.2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to  17.08.2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 21.09.2024 for  NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: None for Plaintiff.
Today also the plaintiff and his advocate are absent. Perusal of roznama shows that since 20.04.2024 matter is proceeding for NM dismissal but nobody turned up. As can be seen from the roznama since 03.10.2019 the plaintiff and his advocate are continuously shown absent. Thus, considering these circumstances, there will be no any propriety by keeping this case in abeyance. It appears that the plaintiff is not interested to proceed with this notice of motion. In view of these reasons following order is passed -
ORDER
1. Notice of motion stands dimissed in default.
2. Notice of motion No. 875 of 2018 stands disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-09-2024

Main Case No: SUIT/0102942/2008
Main Cnr: MHCC010042452008
Main Filing No: 111447

Filing Number: 103389/2018
Filing Date: 01-03-2018
First Hearing Date: 01st March 2018
Decision Date: 21st September 2024
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE