Maqbul Ahmed KhanVsShri. Dharmaraj Yadav +2 more

Date: 20-03-2019
Business: Advocate Ms. Kajal Chaurasia for Plaintiff present and filed registered contempt NM No.1245/19 with affidavit in support, t.o.r.
Advocate for BMC/Deft present.
K.B.
L.O.
Advocate Mr. Rajesh Singh for Defendant no.1 and 2 present and filed draft Notice of Motion along with affidavit in support. Leave granted.  Copy served to advocate for Plaintiff.
Advocate for Defendant no.1 and 2 also filed reply to contempt NM No.1245/19, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 15/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: Earlier order to continue till next date.
Adjd. To 12.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed rejoinder in NM No. 1245/19.TOR.
He also filed reply to NM No. 1453/19. TOR.
Copy is served on other side.
Advocate Ms.Chavan for defendant no. 1/MCGM present.
Advocate Aashish Singh for defendant no. 2 present.
Earlier order to continue till next date.
The case is adjourned to 05.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Ms. Chavan for defendant no. 1/MCGM present.
Advocate Rajesh Singh for defendant no. 2 present.
Earlier order to continue till next date.
The case is adjourned to 29.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Court is on leave. Hence today board is discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Giri  for defendant no.1/MCGM present.
Defendant no. 2 present. His advocate absent.
KB
LO at 3.45 pm
Advocate Mohit Jadhav for plaintiff present.
Advocate Giri  for defendant no.1/MCGM present.
Advocate Pathak h/f adv. Rajesh Singh for Defendant no. 2 present.
Heard advocate for plaintiff on NM No. 4322/14.
KB
LO at 5.15pm
Advocate Mohit Jadhav for plaintiff present.
Advocate Giri  for defendant no.1/MCGM present.
Advocate Rajesh Singh for Defendant no. 2 present.
Earlier order to continue till next date.
The case is adjourned to 20.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Rajesh Singh for defendants 1 and 2 present.
Advocate Giri for defendant/MCGM present.
Heard advocate for defendants no. 1 and 2 and advocate for plaintiff in NM no.4322/14.
Earlier order to continue till next date.
The case is adjourned to 25.09.2019 for NM order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: (Incharge Court of C. R. No. 11)
Adv. Rajesh Singh for Plaintiff present.
BMC advocate absent.
Earlier order to continue till next date.
Matter adjd to 16.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Pathak h/f adv. Rajesh Singh for defendants  no. 1 and 2 present.
Advocate Ms. Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 19.10.2019 for NM order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: The case is adjourned to 25.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Ms. CHauraciya for plaintiff present.
Adv. Ms. Chavhan for deft/MCGM present.
Adv. Mr. Pathak for deft no.2 present.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 10.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Mr. Mohit Jadhav for plaintiff, is ready for argument.
Adv. Mrs. Tondawalkar h/f adv. Mrs. Chavhan for deft.no.1/MCGM present.
Adv. Mr. Pathak for deft no.2 present,  prayed for adjd as adv. Mr. Rajesh Singh is busy in bail matter before ACMM, 37th court esplanade.
Deft to note suit is 11 years old.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 17.01.2020 at
12.15p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Mr. Rajesh Singh for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present.
Not possible to reach the matter.
Earlier order, if any, to continue till next date.
Matter is adjd. for on 12.02.2020 at 12.15p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Ms. Megha Shigwan  for plff., submits that adv. Mr. Mohit Jadhav is busy in Bandra Court, prayed for adjd.
Adv. Mrs. Chavhan for deft. no.1/MCGM present.
Adv. Mr. Rajesh Singh for deft no.2 present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 15.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Due to Covid-19 matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI , (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mohit Jadhav for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 18.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd.  To 27.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Kajal for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 04.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Mr. Mohit Jadhav for plaintiff is present.
Adv. Mr. Ashish Singh for defendant Nos. 1 and 2 is present.
Adv. Ms. J.V. Mhatre for defendant No.3/MCGM is present.
Adv. for the defendant Nos. 1 and 2 submitted that the plaintiff is not in contact and is required to be intimated as regards the suit. The record shows that NM Nos. 1453/19, 1245/19 and 485/19 are pending for hearing since long. The plaintiff is absent. Hence, it is posted for dismissal of NMs.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 20.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Adv. Ms. Megha Shigwan h/f Adv. Mohit Jadhav for plaintiff is present.
Adv. Mr. Rahul Singh for defendant Nos. 1 and 2 is present and filed pursis to have informed the defendants about this matter. It is marked at Exh. 13.
Adv. Ms. Mhatre for defendant No.3/MCGM is present.
Advocate for defendant Nos. 1 and 2 submitted that the parties are not in contact in NM No. 1453/2019. This was the statement made earlier in the matter. It seems that defendant Nos. 1 and 2 are not interested to proceed with NM No. 1453/2019 and therefore, it is posted for dismissal order.
The advocate for the plaintiff is present for contempt NM No. 1245/2019. The advocate for the plaintiff is called upon to argue as to whether this contempt motion would travel together with the suit and on its maintainability.
Adv. for plaintiff orally requested time for hearing of NM No. 485/19. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal/ hearing on maintainability/ NM hearing to 08.02.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Ms. Kajal Chowrasiya for plaintiff is present and orally requested for time to argue on the maintainability of contempt NM. Granted.
Adv. Ms. J.V. Mhatre for defendant No. 1/MCGM is present.
Adv. Mr. Ashish Singh for defendant No.2 is present.
Adjourned for NM dismissal/hearing on maintainability to 24.03.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Ms. Megha Shigvan h/f Adv. Mohit Jadahv for plaintiff is present. Heard on the tenability of contempt motion.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No. 1/MCGM is present.
Adv. Ms. Pooja Sivtarkar h/fAdv. Rajesh Singh  for defendant No.2 is present and orally requested time for NM hearing. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing /Order on tenability of contempt motion to 12.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Gaytri Kumar for plaintiff is present.
Adv. Mhatre for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for NM hearing to 23.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Ms. Gayatri Kumar for the plaintiff is present.
Adv. Mr. Rajesh Singh for defendant Nos.1 and 2 is present.
Adv. Mrs. J.V. Mhatre  for defendant No.3/MCGM is present.
Rest of the defendants are absent.
After hearing the plaintiff on the point of maintainability of contempt NM No. 1245/2019, the following order is passed :
ORDER
(i).     Perused the record. Heard the learned advocate for plaintiff.
(ii).    Having considered her submissions, at the outset, it is to be noted that by filing this suit, the plaintiff prayed for the reliefs of perpetual injunction, etc. on the cause of action dated 28.04.2009 when defendant Nos. 1 and 2 forcibly started illegal construction. Now, in view of Contempt NM No. 1245/2019, he is asking for the action against them to have committed breach of the Court Order. Needless to say that the reliefs, claimed in the suit and the NM, are to different sets of reliefs and therefore, the filing of NM would hamper the very progress of the suit. Surely, the suit would be decided on merits and at that time, even, grounds of Contempt NM may not be the matter of consideration. In the circumstances, in view of the ratio the laid in the case of Rampyaribai Sukhdeo Daga and Others Vrs. Niladevi Narayandas Jakhotiya, 2007 (4) Mh.L.J, 213, the plaintiff is called upon to file separate proceeding, which may be registered as Miscellaneous Judicial Case/Application and to proceed further with the same, if he so chooses. The plaintiff could not satisfy the applicability of Rule 19 (a) of Chapter XXXIV of the Bombay High Court Appellate Side Rules, referred to in the case of Usman Gani Vrs. State of Maharashtra and Another, 1993 Cri. LJ 3853, to the present proceeding. Hence, he is called upon to do the needful in this regard. The suit would proceed further independently.
On oral request of the parties, the matter is adjourned for NM hearing. The parties are called upon preferably to file their written submissions on NM.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 21.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Mr. Rahul Singh for plaintiff present and orally requested for time to file written submissions on NM. Sufficient time is already granted. Hence, this request is discarded. The matter is posted for NM orders as per record.
Adv. Mrs. J.V. Mhatre  for defendant No.1/MCGM is present.
None for defendant No.2.
Earlier order, if any, to continue till the next date.
Adjourned for NM Orders to 27.09.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv.  Ravindra Singh for the plaintiff is present and orally requested for change of caption. On his request, caption is changed. He filed written submissions on NM. TOR. Copy is supplied to the both sides.
Adv. J.V. Mhatre for defendant No. 3/MCGM is present and orally requested for time to written submissions on NM. Time is granted.
Adv. Rajesh Singh for the defendant Nos. 1 and 2 is present and filed written submissions on NM No. 1453/2019. Copy is supplied to the both sides.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM to 06.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv. Ravindra Singh for the plaintiff is present.
Adv. J.V. Mhatre for defendant No. 1/MCGM is present and orally requested for keeping back the matter.
Adv. Asish Singh for defendant No. 2 is present.
KB LO at 03:15 pm.
Advocate for the defendant filed written submissions on NM
No. 1453/2019. TOR. Copy is supplied to both the sides.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 20.10.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv. Ravindra Singh for the plaintiff is present.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adv. Rajesh Singh for defendant No. is present and orally requested to advance short submissions on NM. Permission is granted for short submissions.
Earlier order, if any, to continue till the next date.
Adjourned for short submissions on NM to 17.11.2022.
Next Purpose: FOR___________________
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant No. 1/MCGM is present.
Adv. Mr. Ashish Singh for defendant No. 2 is present and orally requested for keeping back the matter. Considering the board, his request is discarded.
Earlier order, if any, to continue till the next date.
Adjourned for short submissions on NM to 03.01.2023.
Next Purpose: FOR___________________
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Mr. Karan Choudhary for the plaintiff is present.
Adv. Mr. Rajesh Singh for defendant Nos. 1 and 2 is present.
Adv. Mrs. J.V. Mhatre for defendant No.3/MCGM is present.
Heard both the sides on NM No. 1453/2019.
Earlier order, if any, to continue till the next date.
Adjourned for short submissions on other NMs/NM Order to 19.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. Rajesh Singh for defendant Nos. 1 and 2 is present.
Adv. Mrs. J.V. Mhatre  for defendant No.3/MCGM is present.
Heard short submissions of both the sides on NMs.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 06.02.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present for the plaintiff.
Adv.  Mr. Ashish Singh present for the Defendant.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Order to 21.02.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. Rahul Singh for defendant Nos. 1 and 2 is present.
Adv. Mrs. S.G. Chavan for defendant No. 3/MCGM is present.
The Court is buy in other urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 09.03.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. Ms. Sana Khan  for the plaintiff is present.
None present for defendant Nos. 1 and 2.
Adv. Mrs. S.S. Chavan for defendant No. 3/MCGM is present.
KB LO at 03:29 pm.
Adv. Mr. Ravindra Singh for the plaintiff is present. On his request to go through the record, it is reposted for additional submissions. The parties to note.
The record shows that NM No. 1245/2019 is disposed of as per roznama Order dtd. 23.06.2022, calling upon the plaintiff to file separate proceeding. Accordingly, entry be taken on CIS.
Earlier order, if any, to continue till the next date.
Adjourned for additional submissions to 28.03.2023.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-03-2023

Main Case No: SUIT/0101016/2009
Main Cnr: MHCC010025912009
Main Filing No: 111447

Filing Number: 103474/2019
Filing Date: 20-03-2019
First Hearing Date: 20th March 2019
Decision Date: 09th March 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE