Vijay Tulsidas GadekarVsSitaram M. Shirsagar +2 more

Date: 27-03-2019
Business: Advocate Mr. V. T. Dubey for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Plaintiff is directed to file affidavit of service.
Case is adjourned to 28/03/2019 for service/reply/registered NM.
Next Purpose: REPLY
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned to 30/03/2019.
Next Purpose: REPLY
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Adv. V.T. Dubey for plaintiff present and filed application Exh. 02 for serving notice of NM upon defendant no. 1 and 2  through bailiff of sheriffs office may take help of police to serve the notice of NM because as submitted by plaintiffs advocate defendant no. 1 and 2 are having criminal record.
Advocate for BMC/Deft present.
Plaintiff is directed to serve for BMC advocate.
Case is adjourned to 09/04/2019 for Appearance and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv.V.T.Dubey for plaintiff present. Filed original N/M no. 812/19 a/w affidavit T.O.R.
Adv. Asit Singh for Defendant no.1 present.
Copy of plaint is served upon advocate Singh.
Adjd. To 16.04.2019 reply and hearing on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Advocate V.T.Dubey  for plaintiff present.
Advocate Asit Singh for defendant  no.1 present. Filed  Written statement. Copy is served on advocate for plaintiff.
Exh. 3- Written statement
Exh. 4- Pursis to adopt WS as reply to NM.
Advocate Hajare for defendant/BMC present.
The case is adjourned to 26.04.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Advocate Mr.V.T.Dubey  for plaintiff present.
Advocate Mr.Asit Singh for Defendant no. 1 present.
Deft. no.2 and advocate absent.
Advocate Ms.Chavan for defendant no. 3/MCGM present.
With consent the case is adjd. To 03.05.2019  for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Advocate V.T.Dubey for plaintiff present.
Adv. Asit Singh for Defendant no. 1 present.
Advocate Ms.Chavan for defendant no. 2/MCGM present.
In the Course of arguments, advocate for plaintiff tendered the rejoinder. Copy is given to advocate Singh for defendant no. 1. On the request of advocate for plaintiff. The case is adjourned.
The Case is adjd. To 04.05.2019 for NM hearing.
LO,
Advocate V.T.Dubey for plaintiff present and filed List of documents marked as Exh. 5. TOR.
Already the Case is adjd. To 04.05.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Asit Singh for defendant no. 1 present
Exh. 6- Advocate for defendant no. 1 filed List of Documents. TOR.
Perused. Heard.
The plaintiff has sought ad-interim injunction to restrain defendants 1 and 2 from raising any construction which would interfere into the plaintiff\''s ingress and egress on the public road situated on CTS 5/1. The photographs at Exh. B to the plaint are relied upon by the plaintiff to establish that he is using the rear side of his godown for having access to the public road through the shutters.  As against this defendant no. 1 has relied upon photographs dated 18.03.2019, Exh. A to the Written Statement, to prove that the shutters are newly installed. These photographs are not denied in rejoinder.  The photographs at Exh. A to the Written Statement clearly reveal that the shutters were not existing on 18.03.2019 and are installed subsequently.  Thus the plaintiff\''s theory of using the premises behind his godown for egress and ingress is prima-facie false.  Hence, the order.
ORDER-
 The prayer for ad-interim relief is rejected.
The Case is adjd. To 01.08.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Advocate V.T.Dubey for plaintiff present and sought time. Time is granted.
Advocate Ms.Mhatre for defendant/MCGM present.
The case is adjourned to 03.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dueby for plaintiff present and filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
Adv. Asit Singh for defendant no.1 present.
Advocate Ms. Mhatre for defendant no.3/MCGM present.
Advocate for plaintiff undertakes to take steps against defendant no.2. Failure of plaintiff take steps against defendant no.2 will result in further orders.
The case is adjourned to 17.10.2019 for steps and Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Chamber Summons No. 1773/19 along with affidavit in support of Ch/s. T.O.R.
Advocate Asit Singh for defendant no.1 present and submitted that defendant no.1 is no more. He undertakes to inform advocate for plaintiff the details of legal representative of deceased defendant no.1.
Advocate Ms.Mhatre  for defendant/MCGM present.
Adv. for plaintiff sought time to serve defendant no.2. Time is granted as last opportunity. Time to serve writ of summons is extended.
The case is adjourned to 19.12.2019 for Chamber Summons reply and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Mishra h/f adv. Dubey for plaintiff, prayed for adjournment to served Summons to defendant. no. 2
Matter is adjd. 27.02.2020 for summons.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Asit Singh for deft no.1 present, submits that deft no.1 is no more, prayed for adjd. to inform LR of deft no.1.
Matter is adjd. for compliance on 18.06.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Business: adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. Ansari for the plaintiff is present and requested for short adjournment.
Adv. Ms. Mhatre for deft./MCGM present.
None present for defendant no.1 and 2.
Matter is adjourned for NM hearing to 08.04.21.
                                                                               Judge
Next Purpose: HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Due to Covid-19 board is discharged.
Matter is adjourned for hearing to 6/7/2021.
Next Purpose: HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Plaintiff – Mr. Vijay Tulsidas Gadekar is present.
Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
KB LO 4.11 pm.
Adv. Mr. V.T. Dueby for plaintiff is present.
Rest of the defendants are absent.
Adv. for defendant No. 3 orally requested for time to file NM reply.
Sufficient time is already granted to the defendants to file reply on C/S No.1779/19, wherein they failed. Hence, the C/S is proceeded without the reply.
Heard Adv for the plaintiff on C/S.
Adjourned for C/S Order to 07.01.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv Vijaya Rani h/f Adv V.T.Dubey present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present. He endorsed say on the Ch/s. Heard both the sides
Adjourned for Ch/s order to 19/01/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
F.R.S.R. following order is passed on Ch/S. No. 1773/2019:
                           ORDER
(i). 	Chamber Summons No. 1773/2019 is made absolute in terms of prayer clause (a). The plaintiff is called upon to carry the proposed amendment in body of the plaint, within two weeks from the passing of this order.
(ii).	The plaintiff is called upon to supply copies of those documents to the defendants.
(iii).	Costs to follow the event.
Adjourned for compliance/steps against defendant to 02.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Adv. Mr. V.T. Dueby for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for plaintiff orally requested time for compliance. Granted.
Adjourned for compliance/steps against the defendant to 28.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Mr. N.K. Dueby for plaintiff is present and orally requested time for to carry out the amendment. Sufficient time is already granted. Hence, this request is rejected. Consequently, the matter is posted for dismissal order.
Adv. Ms. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 23.03.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and filed application for extension of time to carry out the amendment. TOR.
It is marked at Exh. 07.  O-Sufficient time is already granted. The order for amendment is of dated 19.01.2022. Still, the time is granted, till the next date, subject to payment of costs Rs.1,000/- to be deposited in DLSA, Mumbai
None present for defendant Nos. 1 and 2.
Adv. Mr. Khandagale for defendant No.3/MCGM is present.
Adjourned for Costs/Compliance to 18.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present and filed amended copy of plaint. TOR. Copy is supplied to the other side.
None present for defendant Nos. 1 and 2.
Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
Adjourned for NM hearing to 26.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. V.T. Dubey for the plaintiff is present. He is heard on NM
No. 1422/2019.
Adv. Khandagale for defendant No. 3/MCGM is present
Rest of the defendants are absent.
Adjourned for hearing on NM by defendant Nos. 1 and 2 to 14.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Ms. Prasad for the plaintiff is present.
None present for defendant Nos. 1 and 2.
Adv. Mr. Khandagale for defendant No. 3/MCGM is present.
Adjourned for NM hearing defendant Nos. 1 and 2 to 27.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
None present for defendant Nos. 1 and 2.
Adv. Mr. S.C. Khandagale for defendant No. 3/MCGM is present.
Adjourned for NM hearing by defendant Nos. 1 and 2 to 20.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023

Date: 03-05-2023
Business: Adv. Ms. Prasad h/f Adv. Dubye for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant No. 3/MCGM is present.
Rest of the defendants are absent.
Adjourned for NM hearing to 14.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue NM. Time is granted.
None present for defendant Nos. 1 and 2.
Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
Adjourned for NM hearing to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. Ms. Prasad for the plaintiff is present and requested time to argue the NM. Sufficient time is already granted. Hence, the plaintiff is directed to file written submission on NM. In default, the NM would stand dismissed.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.3/ MCGM is present. Rest of the defendants are absent.
Adjourned for submission on NM to 22.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested time to argue on NM. Sufficient time is already granted. Hence, his request is discarded.
Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
Rest of the defendants are absent.
Adjourned for NM dismissal to 22.01.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. On her request, the caption is changed. She submitted that the plaintiff may be taken as heard on NM.
Adv. Mr. G.O. Giri for defendant No.3/MCGM is present and submitted that even he may be taken as heard on NM.
Rest of the defendants are absent since last considerable time. Hence, to avoid further delay, the NM is closed for Order.
Adjourned for NM Order to 16.02.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and not pressed the NM No. 1422/2019. Hence, NM No. 1422/2019 stands disposed of. He further sought time to take suitable steps for bringing LRs of the deceased defendant No. 1. Time is granted strictly as last chance.
Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
Rest of the defendants are absent.
Adjourned for steps/suitable Order to 03.04.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present and informed that he has no instructions from the plaintiff to file Ch/s. to bring LRs of deceased defendant No.1. The record shows that on 17.10.2023, the advocate of defendant No.1 informed about his demise and till date, the plaintiff failed to take any appropriate steps in this regard. Hence, the suit stands dismissed against defendant No.1.
Adv. Mr. G.O. Giri for defendant No.3/MCGM is present.
Rest of the defendants are absent.
Adjourned for WS to 28.06.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant No. 3/MCGM is present and sought time to file WS. Granted. Rest of the defendants are absent.
Adjourned for WS to 12.08.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant No.3/MCGM is present and sought time to file WS. Time is granted.
Rest of the defendants are absent.
Adjourned for WS to 18.10.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant No.3/MCGM is present. Rest of the defendants are absent and sought time to file WS. Time is granted.
Adjourned for WS to 07.12.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant No.3/MCGM is present and sought time to file WS. Time is granted. Rest of the defendants are absent.
Adjourned for WS to 05.02.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present and sought time to file WS. Time granted.
Adjourned for WS to 02.04.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file WS. Time is granted.
Adjourned for WS to 03.05.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file WS. Time is granted strictly as last chance.
Adjourned for WS to 07.07.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for No WS Order.
Adjourned for Order to 26.09.2025.
Next Purpose: ORDER
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Adv. Mr. N.K. Dubeyfor the plaintiff is present. Adv. Mr. Asit Singh is present and submitted that defendant No.1 has expired.
Therefore, he is directed to provide the date of demise of defendant No.1 and name of his legal heirs to the plaintiff on the next date. None present for defendant No.2.
Adv. Mr. Botlawar for defendant No.3/BMC is present.
Inspite of liberal and ample opportunities the defendant No.3 failed to file WS. Hence, suit to proceed without WS of defendant No.3.
Adjourned for WS by defendant No.2 to 21.11.2025.
                                                                                                 Judge
Next Purpose: ORDER
Next Hearing Date: 21-11-2025

Date: 21-11-2025
Business: court is on leave, hence adjd. to
Next Purpose: ORDER
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. None present for defendant No. 2. Adv. Mr. Botlawar for defendant No.3/BMC is present. Perused the record it reveals to me that no WS Order is passed against defendant No.3 on 26.09.2025, but nothing is on record to show that defendant No.2 is serve by way of summons. Hence, keeping this fact in mind, advocate for plaintiff is directed to file affidavit of service of summons on defendant No.2 and take necessary steps according to law.
Adjourned for filing affidavit of service to 27.02.2026.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and seeks time to file  affidavit of service. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for filing affidavit of service to 18.03.2026.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and seeks time to file service affidavit. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. None present for defendant No.2.
Adjourned for service affidavit by plaintiff to 02.05.2026.
                                                                                                 Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-05-2026

Date: 02-05-2026
Business: Adv. Mrs. Prasad for the plaintiff is present and seeks time to file affidavit of service. Time is extended till the next date. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for affidavit of service to 31.07.2026.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-07-2026

Date: 31-07-2026
Business: court is on leave, hence adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and submitted that the plaintiff is not in contact and not interested to proceed with suit. Hence, suit is dismissed. Adv. Mrs. B.R. Bisen for defendant/ BMC is present. Pending applications if any, are accordingly disposed of.
Nature Of Disposal: ORDER
Disposal Date: 11-09-2026

CHAMBER SUMMONS/101773/2019
NOTICE OF MOTION/101422/2019

Filing Number: 103603/2019
Filing Date: 22-03-2019
First Hearing Date: 27th March 2019
Decision Date: 11th September 2026
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE