Balu Bajirao JadhavVsMCGM

Date: 08-06-2020
Business: due to national lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Not on moderate Board, taken on moderate board.
(By Precipe).
Adv. Asit Singh for plaintiff present and tendered draft NM alongwith affidavit in support. TOR. Leave is granted to register the draft NM, returnable till next date.
Adv. Khandagale for deft/MCGM present.
Smt. Anupama R. Gulavani, Administrative Officer, M-East Ward, MCGM, present.
Perused NM alongwith affidavit and all documents. Perused plaint. Heard both sides.
It is contention of plaintiff that he is in possession of suit premises as PAP holder. Without following due process of law Deft/Corporation is trying to dispossess plaintiff. Advocate Khandagale has submitted alongwith Officer present in the Court that AE Maintenance will verify the authenticity of the allotment letters and others documents and filed report on or before next date. Considering this facts, I am the opinion till filing of verification of report plaintiffs possession needs to be protected. Hence I pass the following order -
ORDER
1.      The Deft/Corporation is directed not to take any coercive action against Suit premises till next date.
2.      Deft/ Corporation is directed to file verification report regarding the Suit premises on next date without fail.
Authenticated copies be given to the both parties.
Matter adjd to 16/12/2020 for Filing verification report by deft/MCGM.
Next Purpose: REPORT
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv.Asit Sing for plaintiff present.
Adv. Mr. Khandagale for deft/MCGM present.
Adv for deft filed verification report. T.O.R.
It is marked as Exh 02. Copy be served to other side.
Earlier order, if any, to continue till next date.
Matter adjd to 08.01.2021 for Ad-Interim Hearing.
Next Purpose: REPORT
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 01/02/2021 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present and supplied copy of Exh.2 (List of documents) to advocate for plaintiff.
Officer Ms. Anupama Gulwani, Estate Officer, M-East Ward, MCGM, present.
Officer Mr. Sushil Sawant, Senior Estate Inspector, M-East Ward, MCGM present.
Officer Ms. Sangeeta Chavan, Senior Estate Inspector, M-East Ward, MCGM present.
Heard both sides. The Verification Report is filed by deft/MCGM.
Adv. for plaintiff submitted that in order to take instructions from plaintiff on Verification Report, matter will be adjourned. Hence matter is adjourned for arguments on ad-interim relief on 05.02.2021, without fail.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 05/02/2021 for Ad-Interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Asit Singh for plaintiff present and tendered original registered NM No.335/2021 alongwith affidavit in support. TOR.
He also tendered rejoinder in NM. TOR. Copy is served to other side.
Adv. Khandagle for deft/MCGM present.
Heard both sides on ad-interim reliefs.
Order on ad-interim relief. Perused NM, plaint, documents annexed to the plaint alongwith all documents. Perused affidavit in support of list of documents filed by deft/Corporation. Adv. Asit Singh submitted that he is authorized PAP holder in suit property having electricity bill. Plaintiff is PAP holder as he is received suit premises from the Assistant Commissioner, L Ward. Plaintiff have apprehension due to threats given by officers of the defendant.
Advocate for deft submitted that there is no possession of plaintiff in the suit property. The possession letter and allotment letter at Sr. No. 5 and 7 was examined by the Assistant Engineer, L ward, through letter dt. 04.12.2020. As per verification report this documents are bogus documents.
          Heard both sides.
          Plaintiff has failed to file annexture-II. Plaintiff has placed reliance on only electricity bill of October 2019 which does not proves that he is authorized PAP holder as per the municipal corporation policy. The allotment letter at Exh.A have given reference no.1 that as per annexture-II prepared by Deputy Collector (Encroachment), Chembur, dt. 30.10.2010, this allotment letter is prepared for alternative accommodation towards Kurla East, Shivshrusti Nala winding project. It is pertaining to note that no any annexture-II as per reference no.1 is filed on record by plaintiff. Plaintiff has failed to prove any documents which shows that his earlier old premises was demolished in this road winding project.  Therefore if plaintiff has not come with clean hands for seeking equitable relief, certainly he is not entitled for the same.
Hence Order -
ORDER
          Prayer (a) in Notice of Motion for ad-interim relief is rejected being devoid of merits. It is submitted by advocate for plaintiff that he will challenge this order before Hon\''ble High Court, therefore, three weeks time may be granted.
          Adv. Khandagle for deft/MCGM for deft /Corporation strongly objected to grant protection.
Hence, I am inclined to pass following order -
ORDER
1)          Two week\''s protection is granted to the plaintiff to challenge this order before Hon\''ble High Court.
2)          No further extension will be granted to the plaintiff.
Authenticated copies be given to the both parties.
Matter adjd to 12/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 13/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
Adjd. To 10/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Amin Patel h/f. Asit Singh for plaintiff is present.
Adv Mrs Mhatre h.f. Adv. Tondwalkar for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter is adjd to 25/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. to 11/04/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Asit Singh for plaintiff present.
Adv Khandagale h/f Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 04/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 28/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Asit Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply cum W/S, TOR and marked as Exh.3. Copy is supplied to other side.
Adjd. to 18/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 08/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Amin Patel h.f. Adv. Asit Singh for plaintiff present and requested time to argue on NM. Time is granted.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 20/03/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Court is on leave, hence matter is adjourned to 09.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Amin Patel h/f Asit Singh for plaintiff requested for time. Time is granted.
Adv. Shri. Suryavanshi  for defendant/ BMC is present.
Adjd. to  26.07.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Advocate Asit Singh for plaintiff present and submitted that plaintiff is not in  contact with him and he has written letter to him, hence, matter adjourned for NM Hearing .
Advocate Suryavanshi for defendant/BMC present
Adjd to 25.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and submitted that this matter pertains to PAP tenament.
None present fo plaintiff, hence matter kept for dismissal o NM.
Adjd to 16.09.2023 for dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Plaintiff present and adv. absent
Adv. Mhatre for BMC present
N/M is kept for dismissal. Today none for plaintiff hence NM No.335/2021 is dismissed for default.
Adjd. to 03.02.2024 for hearing on issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to  16.03.2024 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Adv. Asit Singh for plaintiff present.
Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant/BMC present.
Exh.4    Issues are framed
Adjd  to 19.06.2024     for List of witness and R. E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Advocate Asit Singh for plaintiff present and seeks time to file evidence, hence matter adjourned
Advocate Botlawar for defendant/BMC present.
Adjd  to  07.08.2024    for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Advocate Amin Patel h/f Asit singh for plaintiff present and requested time to file evidence. Hence matter adjourned
Advocate  Botlawar      for defendant/BMC present.
Adjd  to  13.09.2024    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Asit Singh for plaintiff present and requested time to file evidence. Hence matter adjourned .
Advocate Sujata Puri for defendant/BMC present.
Adjd  to 13.12.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Asit Singh for plaintiff present.
Advocate  Sujata Puri   for defendant/BMC present.
With the consent of both the parties matter referred to Mahalokadalat  on 14.12.2024.
Plaintiff is directed to remain present on 14.12.2024 before 10.30 am.
Adjd  to 14.12.2024  for Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Adv. Asif Singh present for plaintiff.
Wasim Khan, Jr. Engineer BMC M (E) Ward.
Adv. Sujata Puri present for BMC/ deft.
Plaintiff present.
The parties arrived at amicable settlement vide compromise. t.o.r. marked as Exh.05.
The deft thereby ready to follow the due process of law against the plaintiff. The said settlement agreement being voluntary. It is accepted and the suit stands disposed of in terms of the said settlement. Hence, Lok Adalat Award is passed. t.o.r marked as Exh.06.
Nature Of Disposal: LOKADALAT
Disposal Date: 14-12-2024

NOTICE OF MOTION/100335/2021
NOTICE OF MOTION/101845/2025

Registration Number: 101045/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103391/2020
Filing Date: 11-03-2020
First Hearing Date: 08th June 2020
Decision Date: 14th December 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE