Kuvarben A. SolankiVsMCGM +2 more

Date: 17-03-2020
Business: NOBTOB. By praciepe.
Adv Abhishek Tripathi for plaintiff present and tendered draft NM alongwith Affidavit in support. Leave is granted to register the NM.
Adv Patil for defendant/MCGM present.
Heard both Adv on ad-interim relief. The matter is adjourned for presence of the BMC officers on 19.03.2020 till then party is to maintain status quo regarding suit premises.
Authenticated copy be supplied to both sides.
 Matter adjd to 19.03.2020 for ad-interim hearing and presence of BMC officers.
Next Purpose: HEARING
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: (I/c of Court Room No.08)
None for Plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Matter adjd. to 09.04.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: HEARING
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: adjd to
Next Purpose: HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare for deft no.1/MCGM present.
Adv. Mr. Dhananjay Mahamuni for deft nos. 2 and 3 present and tendered V/P of deft no.2 and V/P of deft no.3, TOR and marked at Exh.2 and Exh.3 respectively. He tendered replies of deft nos. 2 and 3 separately. TOR. Copies be served to other side.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 14/01/2021 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Viren Tripathi h/f. Adv. Mr. Abhishek Tripathi for Plainitff present.
Adv. Mrs. Hajare for Defendant No.1/MCGM present.
Adv. Mr. Mahamuni for Defendant Nos. 2 and 3 present.
Mr. Kapil Mistri, C.A. of Defendant No. 2 present.
Defendant No. 3 is also present.
Earlier order, if any, to continue till next date.
Matter adjd to 04/02/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Ms. Hajare for deft no.1/MCGM present and tendered reply to draft NM. TOR. Copy is served to plaintiff.
She also tendered list of documents. TOR and marked at Exh.4. Copy is served to plaintiff.
Officer Mr. Nilesh Bandekar, Sub-Engineer, B and F Dept, T-Ward, MCGM present.
Adv. Mahamuni for deft no. 2 and 3 present.
Adv. for plaintiff submitted that if he intends to file rejoinder, if any, he will serve copy of rejoinder to other side in advance and argue on ad-interim on next date, without fail.
All parties are directed to argue on ad-interim in NM on next date.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 25/02/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Abhishek Tripathi for plaintiff present.
Adv. Ms. Hajare for deft no.1/MCGM present.
Adv. Mahamuni for deft no.2 and 3 present.
Officer Mr. Nilesh Bandekar, Sub-Engineer, B and F Dept, T-Ward, MCGM present.
It is submitted by plaintiff that plaintiff is suffering of illness and any date will be given to rejoinder and argument after 14 day.
Advocate for deft no.2 and 3 strongly objected. Adv. for deft no.1 submitted that building is dilapidated building. It seems that since last one year EOC is continued in favour of plaintiff despite of dilapidated building issue. Hence plaintiff is directed to argue on ad-interim on his notice of motion No. 425/2021 on next date, without fail. Despite of direction he has not served copy of rejoinder upon defendants.
Later On.
Advocate for plaintiff is served the un-affirmed copy to other side. Adjournment is granted as a very last chance, if failure, EOC would be vacated.
Earlier order, if any, to continue till next date.
Matter adjd to 04/03/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Abhishek Tripathi alongwith Adv. Viren Tripathi for plaintiff present and tendered original registered NM No.425/2021 alongwith affidavit in support. TOR and He also tendered two rejoinders in NM. TOR. Copies  served to other side.
Adv. Ms. Hajare for deft no.1/MCGM present.
Adv. Mahamuni for deft no.2 and 3 present.
Heard advocate for plaintiff on ad-interim reliefs in partly.
Earlier order, if any, to continue till next date.
Matter adjd to 25/03/2021 for NM Hearing (At 12.30 pm).
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Son of plaintiff present, his advocate absent.
Adv. Ms. Smita Chavan h/f Adv. Ms. Hazare for deft no.1/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 15/04/2021 for NM Hearing.
Later On. At 12.15 pm.
Adv. Viren Tripathi h/f Adv. Abhishek Tripathi for plaintiff present.
Son of plaintiff is also present.
Adv. Mahamuni for deft no.2 and 3 present.
Deft no.2 and 3 are also present.
A proposal copy submitted by advocate for deft no.2 and 3.
The copy received by the CA of the plaintiff Mr. Rajendra Solanki. TOR and marked at Exh.5.
By Consent, matter is already adjd to 15/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: As per circular No.79/2021 dt. 12.04.2021 declared holiday on 15.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: NOB TOB (BY PRECEIPE)
None for Plaintiff.
Adv. Mrs. Hajare for Defendant/MCGM present and filed affidavit of service. T.O.R.
Matter is adjd. to 29/06/2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Adv Mr Virendra Patil for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv Mr Dhananjay Mahamuni for defendant no.2 and 3 present.
The advocate of the plaintiff seek time on a ground that advocate on record is busy in another matter before Honble High Court. The advocate for defendant no.2 and 3 taken strong objection for adjourning the matter. The advocate for defendant no.1 also opposed for continuing earlier order. The Roznama shows that since last one year, E.O.C. is continued in flavor of plaintiff by one and other ground. Some times, plaintiff is suffering from illness, Power of Attorney holder seek time etc. Record shows that suit building is debilitated in condition. Therefore, earlier protection granted to the plaintiff seems unreasonable to continue. Therefore, direction is given to the plaintiff that if he fail to argue on next date on ad-interim relief, protection given to him will be stands vacated.
Earlier order, if any, to continue till next date.
Adjd. To 22/07/2021 for ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Adv. Akshay Tripathi for plff present.
Adv. Dhanajay Mahamuni for deft. no.2 and 3 present.
Adv. Chavan for BMC deft. no.1 present.
Shri Devendra V. Pawar  Junior Engineer (B& F) “T” Ward is present.
Heard argument of the plaintiff submitted draft consent terms t.o.r.
Heard argument of plaintiff of plaintiff partly.
Earlier order to continue till next date.
Matter is adjd to  for 29.07.2021
Authenticated copies be given to the both the sides.
Next Purpose: HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Adv Abhishek Tripathi for plaintiff present.
Adv Smita Chavan for defendant no.1/ MCGM present.
Adv Dhananjay Mahamuni for defendant nos.2 and 3 present.
Heard argument of advocate for plaintiff and defendant no.1 / MCGM.
Plaintiff has tendered complaint, RTI application and letter to developer. TOR.
Mr. Devendra Pawar, Jr. Engineer, MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 05/08/2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv Abhishek Tripathi for plaintiff present.
Adv Smita Chavan for defendant no.1/ MCGM present.
Adv Dhananjay Mahamuni for defendant nos.2 and 3 present and tendered list of documents, TOR and marked as Exh.6.
Heard both sides on NM No.425/2021.
Earlier order, if any, to continue till next date.
Adjd. To 11/08/2021 for order on NM NO.425/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Plaintiff is present. His advocate is absent.
Adv Tondwalkar h/f Adv. Smita Chavan for Defendant/MCGM is present.
Adv Dhananjay Mahamuni for defendant nos.2 and 3 present.
F.R.S.R., following order is passed on NM NO.425/2021 -
ORDER
1. Notice of Motion No.425/2021 in Suit No.1059/2020 is rejected.
2. Notice of Motion No.425/2021 stands disposed of accordingly.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 15/09/2021 for written statement.
L.O. at 4.50 p.m.
Adv Abhishek Tripathi for plaintiff present and tendered application for eight weeks stay of order on NM NO.425/2021 passed today, the said application is  t.o.r. and marked as Exh.7..
Adv Tondwalkar has given say on Exh.2.
ORDER BELOW EXH.7
          The advocate for plaintiff filed application to stay the execution of order dated 11.08.2021. The advocate for plaintiff submitted that he wants to challenge the order before Honble High Court and previously protection was given to the plaintiff, therefore, order be stayed for eight weeks.
          Application strongly opposed by the advocate for defendant / MCGM.
           It is the matter of record that Notice of Motion is decided on merits but previously protection was given to the plaintiff and plaintiff wants to challenge the order before Honble High Court. Therefore, in my opinion, two weeks time is sufficient. Considering that, I pass the following order
ORDER
1. Execution and operation of the order in NM NO.425/21 is stayed for two weeks from today i.e. till 26/08/2021.
2. Application (Exh.7) stands disposed of accordingly.
Already adjd. To 15/09/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv L.K. Tripathi for plaintiff present.
Adv Mrs Mhatre h/f Adv Mrs Smita Chavan for defendant no.1/ MCGM present.
Adv Dhananjay Mahamuni for defendant nos.2 and 3 present and filed Pursis. TOR and marked as Exh.8.
Defendant nos.2 and 3 by way of above Pursis adopted reply filed to the NM NO.425/2021, as their written statement.
The advocate for plaintiff taken objection for adopting the NM reply as a W/s.
The Pursis given by advocate for defendant nos.2 and 3 is accepted. The reply given by the defendant nos.2 and 3 to NM NO.425/2021 is accepted as their W/s respectively. Hence, W/s of defendant no.2 is marked as  Exh.9 and W/s of defendant no.3 is marked as Exh.10.
The advocate for defendant no.1/ MCGM seeks time to file W/s. Time is granted to file W/s.
Adjd. To 14/10/2021 for filing W/s by defendant no.1/ MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant no.1/ MCGM present and requests for time to file W/s.
Time is granted till next date.
None for defendant nos.2 and 3.
Adjd. To 09/12/2021 for filing W/s by defendant no.1 / MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None for plaintiff.
Adv. Chavan for Defendant No.1 present and has given endorsement on reply to NM No.425/2021 for adopting the said reply as W.S.,t.o.r.
Order -  Reply to NM No. 425/2021 is treated as W.S. and marked as Exh.11.
None for Defendant No.2 and 3.
Matter is adjd to 10/03/2022 for draft issues.
L.O.
Adv. Virendra Tripathi for Plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv Tripathi for plaintiff present.
Adv Mrs Smita Chavan for defendant no.1/ MCGM present.
None for defendant nos.2 and 3.
Adjd. To 26/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Abhishek Tripathi for plaintiff present.
Adv. Chavan for deft no. 1/MCGM present.
None for deft no. 2 and 3.
Adjd. To 09-06-2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv Abhishek Tripathi for plaintiff present and tendered draft Notice of Motion along-with affidavit in support thereof. TOR. Leave is granted to register the Notice of Motion, returnable on next date.
Adv Mrs Chavan for defendant no.1/ MCGM is present.
None for defendant no.2 and 3.
Mr Devendra Pawar, J.E. B and F, T/ward, MCGM present.
Order on Ad-interim relief on draft Notice of Motion
	Perussed NM, affidavit in support thereof, documents filed by both the parties. Heard both the advocates at length.
	The plaintiff by way of this NM prayed that defendant No.1 be directed to restore the water supply disconnected in pursuance of notice dated 26.03.2022. The plaintiff also seeks that defendant No.2 and 3 be directed to provide alternate accommodation within 0.2 kilometers of the existing area and provide transit rent before taking any action in pursuance to the above said notice.
	On hearing both the sides it reveals that the defendant / MCGM issued notice to the plaintiff to vacate the suit premises and also order to demolish the suit building. On going through the entire record and proceeding it reveals that the NM filed by the plaintiff was rejected by this court on merit. Thereafter plaintiff has challenged the NM before the Hon\''ble High Court therein also plaintiff not got any relief from demolishing the suit property.
	On going through the records it reveals that the structural auditor of the defendant / landlord has opined that building falls under C-1 category accordingly area statement of all the flat owners was also calculated. So it shows that suit building is dilapidated and dangerous to live. After preparation of the area statement further action is of disconnecting water and electricity supply. Therefore  in my opinion plaintiff has not brought on record sufficient material so as to restrained the defendant from demolition of the suit property.
         The advocate for the plaintiff submitted that the defendant has not followed the guidelines such as  \''\''the rooms occupied by if any shall be vacated after making proper arrangement of alternate accommodation of the existing occupier. The advocate for the defendant / MCGM submitted that the corporation is not the owner of the property, therefore it is not the duty of corporation to provide alternate accommodation to the plaintiff. Considering the provisions of demolition of property, the plaintiff could not impose condition that he has not alloted the alternate accommodation, therefore he is not ready to vacate the suit premises. It is come on record that suit structure is dilapidated in condition and dangerous to live.  Therefore plaintiff is also not entitled for the relief prayed. Hence, Considering this, I pass the following order
ORDER
1. Ad-interim relief of prayer clause (a) and (b) of draft Notice of Motion is refused.
2. Defendant is directed to file reply to draft NM till next date.
Authenticated copy of roznama be given to both the parties
Adjd. To 09/06/2022 for draft issues / NM reply.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Plaintiff and his advocate absent.
Adv. Mrs. Rawade h/f Adv. Chavan for defendant No. 1/ MCGM is present.
None for deft. Nos. 2 and 3.
K.B. till 02.45 p.m.
L.O. at 03.00 p.m.
Adv. Abhishek Tripathi for plaintiff present and tendered original N/M No. 1805/2022 and C/S No. 731/2022 along-with affidavits in support thereof, TOR.
Adv. Mrs. Rawade h/f Adv. Chavan for defendant No. 1/ MCGM is present.
None for deft. No. 2 and 3.
Adjd. to 30/06/2022 for N/M and C/S reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Abhishek Tripathi for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No. 1/ MCGM is present.
Adv.  Tembe for deft. Nos. 2 and 3 present.
Adv. for both the defts. requested time to file reply to N/M and Ch/S.
Adv. for both the defts. are directed to supply the copies of reply to N/M and Ch/S to the plaintiff in advance.
Adjd. to 12/07/2022 for reply to N/M and Ch/S.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Abhijeet Tripathi for plaintiff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Rawade for defendant No. 1/ MCGM is present and requested time to reply on Ch/S. Time is granted till next date.
Adv. Dhananjay Mahamuni for deft. Nos. 2 and 3 present and tendered reply to N/M No. 1805.2022, TOR. Copy is supplied to other side and submitted that Court may pass necessary order on Ch/S No. 731/2022.
Adjd. to 11/08/2022 for reply by deft. No. 1/MCGM on Ch/S.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Abhijeet Tripathi for plaintiff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Rawade for defendant No. 1/ MCGM is present and requested time to reply on Ch/S. Time is granted till next date.
None for deft. Nos. 2 and 3 present.
Adjd. to 08/09/2022 for reply by deft. No. 1/MCGM on Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Tripathi for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present and requested time to reply on Ch/S. Time is granted till next date. None for deft. Nos. 2 and 3 present.
Adjd. to 13/10/2022 for reply by deft. No. 1/MCGM on Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Abhijeet Tripathi for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant No.1/ BMC is present and requested time to file reply to N/M and Ch/S. Time is granted till next date.
None for deft. Nos.2 and 3.
Adjd. to 10/11/2022 for N/M and Ch/S reply by deft. No.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: H.H.J. is on half day (second session) leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Court is busy in urgent hearing. Hence, board is discharged.
Adjd. to 11/04/2023 for N/M and Ch/S reply by deft. No.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv. Bharat Tiwari h.f. Adv Abhishek Tripathi for plaintiff is present.
Adv. Ms. Mhatre for defendant No.1/ BMC is present and requested time to file reply to N/M and Ch/S. Time is granted till next date. None for deft. Nos.2 and 3.
Adjd. to 27.07.2023 for N/M and Ch/S reply by deft. No.1/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Advocate Tripathi  for plaintiff present.
Advocate Mhatre  for defendant/BMC present and has given say on ch/s 731/2022 overleaf.
Heard argument of both side on Ch/s
Keep back
L.O.
Same appearance.
Due to heavy rain, matter adjourned
Adjd to 01.08.2023 for Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Advocate Abhishek Tripathi for plaintiff present.
Advocate Suryavanshi Mhatre for defendant No.1/BMC present.
None present for defendant No. 2 and 3.
Following order is passed on Ch/S No.731/2022.
O R D E R
1.     The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to incorporate contention in respect of filing of NM No. 425/2021 and disposal of said NM and filing of appeal against said order before the Hon’ble High Court. The plaintiff is seeking further amendment in respect of the notice for  disconnection of water supply. The plaintiff is also challenging said notice and seeking relief of injunction against notice of disconnection of water supply.
2.    Adv. for defendant/corporation opposed chambers summons stating that Building is in dilapidated and C-1 category and corporation followed due process of law. The plaintiff is challenging the notice which is already implemented. Therefore ch/s deserve to be rejected.
3. Defendant No. 2 and 3 remain absent and not filed reply
4.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
5.     The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of filing of NM No. 425/2021 and appeal against order rejecting interim relief and notice for disconnection of water supply and relief of declaration.  It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
6.           In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to incorporate pleading in respect of regularization of notice structure.  Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.   Ch/s No.731/2022 is made absolute in terms of prayer clause(a).
2.  Plaintiff to carry out necessary amendment within two weeks.
3.  Copy of amended plaint be served upon other side.
4.  Ch/S No. 731/2022  stands disposed of accordingly.
Adjd to 05.09.2023   for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Advocate Abhishek Tripathi for plaintiff present.
Advocate Mhatre for defendant No.1/BMC present.
None present for deft No. 2 and 3
L.O. 4.36 p.m.
Adv for plaintiff present and tendered application marked as Exh. 12
Adv for deft/bMC seek time to file reply Exh 12. Granted.
Adjd  to  31.10.2023  for Reply on Exh. 12 by deft/BMC
Next Purpose: REPLY
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Advocate Viren Tripathi for plaintiff present.
Advocate Mhatre for defendant/BMC present and has given say on Exh. 12 overleaf O- Other side to say.
Adjd  to  04.11.2023   for  Hearing on Exh. 12
Next Purpose: HEARING
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Advocate Abhishek Tripathi  for plaintiff present and tendered pursis Marked as Exh. 13 alongwith acknowledgment of notice upon deft No. 2 and 3. TOR.
Advocate  Suryavanshi h/f Mhatre for defendant No.1/BMC present.
None present for deft No. 2 and 3.
Order below Exh 12
1.    The plaintiff filed this application and prayed that he be permitted to carry out correction in the schedule annexed to ch/s as mentioned in the application and extension of time to carry out amendment. It is stated that  the ch/s No. 731/2022 was taken out by the plaintiff for amendment as per schedule annexed to it. In fact plaintiff sought to add Para -20 (A) to 20 (G) and Para – 38 (a) and  prayer clause  e (a) to (c). However in schedule due to typographical mistake it is stated that Para 20 (A) to ( C) is to added.
2.  The defendant/BMC opposed application stated that plaintiff failed to carry out amendment within stipulated period and application is not maintainable. Defendant No. 2 and 3 served with notice of application but not filed reply.
3.     Heard Advocate for the plaintiff and deft/BMC
4.     It is matter of record that ch/s has been made absolute in terms of prayed clause (a) permitting plaintiff to carry out amendment as per schedule.  In the schedule there is typographical mistake as to Para to be added. Hence I pass following order.
ORDER
1.  Application is allowed
2. Plaintiff is  carry out amendment as per schedule with correction as prayed with application within two weeks.
Adjd  to  09.01.2024    for providing amendment plaint/ NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: As Court is busy in dictating NM order, Board is discharged.
Adjd  to 22.02.2024 for providing amendment plaint/ NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: As Court is busy in hearing Ad-interim, NM Part heard matter and dictating HCTB NM Order, Board discharged and matter adjourned.
Adjd  to   18.04.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Court is on leave, hence matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2024

Date: 02-07-2024
Business: Advocate Tiwari h/f Abhishek Tripathi for plaintiff present and tendered copy of amended plaint.
Advocate  Waghmare  for defendant No. 1/BMC present and seeks time to file reply to NM and additional WS. Time is granted.
None present for D- 2 and 3
None  present for deft No. 2 and not filed reply to NM.
Adjd  to 22.08.2024  for Additional WS and NM Reply  by deft No. 1 and 2
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: C.A. of plaintiff present.
Adv Tiwari h/f Tripathi for plaintiff present
Advocate Metakari   for defendant No.1/BMC present and seeks time to file reply to NM. Time is granted as a last chance
None present for D- 2 and D-3.
Today matter listed for reply by deft No. 1 and 2 but  none present for deft No. 2, hence no say order passed against deft No. 2
Adjd  to 03.10.2024   for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: Advocate B. Tiwari h/f Tripathi for plaintiff present.
Advocate  Nagarthawar  for defendant No. 1/BMC present and seeks time to file reply to NM. Time is granted.
None present for deft No. 2 and 3
Adjd  to 17.12.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: As Court is busy in ( Targeted suit ) Judgment in suit No. 2391/2011 and 1266/13 and ad-interim hearing/order, hence matter adjourned
Adjd  to 18.02.2025    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Abhishek Tripathi a/w Adv. Mr. B Tiwari for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. She filed NM reply, along-with list of documents. Taken on record. Copies are supplied to both the sides. Advocate for the plaintiff sought time to file reply rejoinder. Time is granted.
Adjourned for reply rejoinder to 15.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv Ms. Nagarthawar for defendant/MCGM is present
Adjourned for rejoinder by plaintiff .to 11.12.2025
Next Purpose: REJOINDER
Next Hearing Date: 11-12-2025

Date: 11-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for plaintiff.
Adv. Ms. Rupali Patil for defendant Nos. 1 and 2/MCGM is present.
Adjourned for rejoinder to 05.02.2026
Next Purpose: REJOINDER
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
	Plaintiff is absent when called repeatedly. It appears, plaintiff is absent on several dates and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM.  It is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 1805/2022 stands dismissed for want of prosecution and finally disposed of.
Adjourned for written statement to 02.04.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed pursis Exh. 14, stating that, her reply be treated as Written statement, Marked Exhibit 15.
Adjourned for Framing issues to 30-06-2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for framing of issues to 17.11.2026
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-11-2026

NOTICE OF MOTION/101805/2022
CHAMBER SUMMONS/100731/2022
NOTICE OF MOTION/100425/2021

Registration Number: 101059/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103490/2020
Filing Date: 12-03-2020
First Hearing Date: 17th March 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE