SMT.KISMATTUNISA INTAZAR KHANVsThe Municipal Corporation Of Greater Mumbai

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None for plaintiff.
Advocate Sutar for defendant/BMC present
Adjourned for R/E to 12/01/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: NOB TOB
None for plaintiff.
Advocate for deft/BMC present.
Court is busy in dictating order in HCTB matter no. 2493/18.
Adjourned for R/E to 04/02/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for R/E. to 06-03-2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for R/E to 06/04/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Court busy in hearing Suit No. 1461/2020 and other similar matters.
Adjourned for R/E to 22/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Adjourned due to Covid-19.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adjourned due to Covid-19.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for plaintiff.
Advocate Dhuri for defendant/BMC present and filed registered NM No. 1207/2020.
Adjd for  NM Reply/R.E. to 12.10.2021.
Next Purpose: REPLY
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for R.E. to  18.11.2021.
Next Purpose: REPLY
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for R.E. to  09.12.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: As court is on leave. Board is discharged. matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for N/M Reply / R.E. to  05.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for R.E. to 10.03.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for R.E. to  07.06.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for reply to NM/ R.E. to  19.07.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Reply / R.E. to  23.08.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Reply /R.E.  to  29.11.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Advocate for plaintif present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for  NM Reply /R.E. to  20.12.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Since plaintiff has failed to file reply to Notice of Motion of defendant. Notice of Motion proceed without reply of plaintiff.
Adjd for R.E. to  12.01.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Advocate Virendra Tripathi for plaintiff present and filed application for adjournment t.o.r. Marked as Exh.16 as well as application for correction at Exh.17 O- Other side to say.
Advocate Smt. Meena Dhuri for defendant/BMC present and filed reply on Exh. 13 and Exh. 14 itself.
Adjd for   Hearing /R.E. to  16.02.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Advocate Virendra Tripathi for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Hearing /R.E. to  30.03.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Advocate Virendra Tripathi for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Application at Exh. 17 is not pressed by the plaintiff, hence it is filed.
Adjd for Hearing /R.E. to 13.06.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: None present for plaintiff.
Advocate Mrs. Meena Dhuri present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for RE to 20/07/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate  L. K. Tiwari present for plaintiff and sought adjournment..
Advocate Meena Dhuri present for defendant/BMC.
As per the request of advocate for plaintiff, Matter adjourned for RE to 24/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Plaintiff present his advocate is absent.
Plaintiff sought adjournment.
Advocate Meena Dhuri present for defendant/BMC
NM no. 1209/2020 is pending since long. Hence, plaintiff is directed to advance arguments on the next date positively.
Matter adjourned for RE to 09-11-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Advocate Sneha present for plaintiff and sought adjournment. O- Granted as a last chance.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for hearing on NM no. 1209/2020/RE to 04/1/24.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Advocate  V.  E . Tiwari h/f Adv. N. K. Tripathi for plaintiff present and filed application for recalling of order dtd. 20/12/2022 TOR and mark as Exh. 18. O- Other side to say.
Advocate  Meena Dhuri present for defendant/BMC and filed reply on applicant Exh. 18 itself. Heard arguments on both side on application Exh. 18.  It is settled law that opportunity of being heard is to be given to both the parties. Sufficient ground for setting aside / recalling of order dtd. 20/12/2022 is made out by plaintiff.  Hence I proceed to pass following order.
Order
Application (Exh. 18) is allowed
order dtd. 20/12/2022 is set aside /recall I granting permission to plaintiff for filing reply to NM No. 1209/2020.
Advocate for plaintiff filed reply to NM No. 1209/2020. Copy served
Matter adjourned for NM hearing / RE to  01/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Advocate Tripathi  present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri  present for defendant/BMC.
Matter adjourned for NM hearing to 12.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Plaintiff and her Adv. Virendra Tripathi h/f Adv. L. K. Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Pradeep Patil present for defendant/BMC.
Matter adjourned for NM hearing to 04.05.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: Matter adjourned for NM hearing to 04/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Advocate Virendra Tripathi present for plaintiff and sought adjournment. O- Granted as a last chance.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for NM hearing to 08.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Advocate Virendra Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Bibhishan Sutar h/f Adv. Jyoti Mhatre present for defendant/BMC.
Matter adjourned for NM hearing to 15.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Advocate Virendra Tripathi present for plaintiff and sought adjournment for hearing in NM. O- Granted as a last chance.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for NM hearing to 12.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: Advocate Virendra Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for NM hearing to 28.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Advocate Virendra Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Neeta Jadhav present for defendant/BMC.
Matter adjourned for NM hearing/RE to 11.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Advocate L. K. Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Neeta Jadhav present for defendant/BMC.
Matter adjourned for NM hearing to 17.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: None present for plaintiff.
Advocate Sujata Puri present for defendant/BMC.
Matter adjourned for NM hearing to 05.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Advocate L. K. Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Bibhishan Sutar h/f Adv. Ruhi Hajare present for defendant/BMC.
Matter adjourned for NM hearing/RE to 04.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: Plaintiff present, Advocate B. Tiwari h/f Adv. Tripathi for plaintiff present and sought adjournment. O- Granted as a last chance.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for argument on notice of motion to 04.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: Advocate L. K. Tripathi present for plaintiff and sought adjournment. O- Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for NM hearing to 20.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Advocate B. Tiwari h/f Adv. L. K. Tripathi present for plaintiff and seeks time. O - Time granted as last.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for NM hearing to 03.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Advocate B. Tiwari h/f Adv. L. K. Tripathi present for the plaintiff and seeks time for argument. O - Time granted as last chance.
Advocate Ruhi Hajare present for defendant/BMC. Heard arguments of defendant/BMC on notice of motion.
Matter adjourned for arguments of plaintiff to 05.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: Advocate L. K. Tripathi present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Heard arguments of plaintiff.
Matter adjourned for NM orders to 10.02.2026.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: Adv. B. Tiwari h/f Adv. L. K. Tripathi present for the plaintiff.
Advocate Bibhishan Sutar h/f Adv. Ruhi Hajare present for defendant/BMC and filed list of citation. TOR and marked as Exhibit 19. O - Seen.
ORDER
The defendant / Corporation have taken out Notice of Motion No.1209/2020 under provision of Order- VII Rule- 11 of the CPC. It is submitted that, the notice challenged by the plaintiff in this suit is under Section 3Z 1(4) of the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971. The matter is of the year 2009 and this Notice of Motion was filed by the defendant when evidence affidavit of the plaintiff was filed on record. The record reflects that the Notice of Motion taken out by the plaintiff seeking interim relief is made absolute in the year 2012. It is settled law that the objection for rejection of the plaint is to be taken at the earliest opportunity. However, there is no bar that objection can not taken at later stage. Having regard to the record and proceedings, I find it just and proper to decide the matter completely and finally on merit by tagging this Notice of Motion filed by the defendant alongwith Suit by framing additional issue as issue no. 3(A) under same Exhibit on record i.e. Whether the suit is barred by the provisions of the Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971
Parties to take note. Parties are directed to proceed with the hearing of the Suit expeditiously. The plaintiff is directed to complete his/her evidence within a period of next one month.
Matter adjourned for recording evidence to 17.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: Advocate Mukesh Tiwari present for the plaintiff and seeks time. O - Granted as a last chance.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for Recording evidence to 24.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Advocate L. K. Tripathi present for the plaintiff and submitted that plaintiff do not want to file any additional evidence having regard to the fact that additional issue is framed in this case. The plaintiff has already filed evidence on record and matter is for cross examination on behalf of defendants. Ld advocate for the plaintiff submitted that  today witness is not present due to Ramzan month and requested to keep in matter after Ramzan Eid. In the circumstances matter is adjourned to 24.03.2026.
Advocate Gopichand V. Jawale h/f Adv. Ruhi Hajare present for defendant/BMC.
Matter adjourned for Recording evidence to 24.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Advocate L. K. Tripathi present for the plaintiff and seeks time. O - Time granted as a last chance. If plaintiff fails to proceed on next date, the evidence of the plaintiff would be closed.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for Recording evidence to 07.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Advocate L. K. Tripathi present for the plaintiff and seeks time. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC and submitted that she has not supplied the copy of evidence affidavit. Plaintiff is directed to supply the copy of evidence affidavit to defendant before next date.
Matter adjourned for Recording evidence to 21.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: Plaintiff present, Adv. L. K. Tripathi a/w Adv. Adv. B. Tiwari present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and seeks time. O - Time granted.
Matter adjourned for Recording evidence to 28.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Advocate Mukesh Tiwari a/w Adv. B. Tiwari h/f Adv. L. K. Tripathi present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Cross-examination of PW-1 is recorded and completed.
Advocate for plaintiff filed evidence closed pursis. TOR and marked as Exhibit 20. O - seen.
Matter adjourned for Evidence of defendant to 30.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: Advocate L. K. Tripathi present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and seeks time. O  - Time granted.
Matter adjourned for Recording evidence to 05.05.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: Advocate P. Tiwari h/f Adv. L. K. Tripathi for the plaintiff present.
Advocate Ruhi Hajare for defendant/MCGM present and seeks time. O - Time granted.
Matter adjourned for evidence to 16.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2026

Date: 16-06-2026
Business: Advocate L. K. Tripathi a/w Adv. B. Tiwari present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and seeks time. O - Time granted.
Matter adjourned for recording evidence to 30.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: Advocate Bharat Tiwari h/f Adv. L. K. Tripathi present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and filed evidence affidavit of Shri Santosh R. Nagargoje. TOR and marked as Exhibit 21. O - Read and recorded. Copy served.
Matter adjourned for recording evidence to 14.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: Advocate L. K. Tripahi present for the plaintiff and filed application for withdrawal of Suit. TOR and marked as Exhibit 22. Ld advocate for the BMC submitted that she has no objection for withdrawal of suit unconditionally. O - Plaintiff is permitted to withdraw the suit unconditionally.
Advocate Ruhi Hajare present for defendant/BMC.
In view of the order passed on application Exhibit 22, Suit No. 512 of 2009 and NM No. 1209 of 2020 are disposed as withdrawn and for want of prosecution. Court fees be refunded as per rules. Parties to bear their own costs. Proceedings in Suit No. 512 of 2009 and NM No. 1209 of 2020 are closed. Parties to take not.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-07-2026

Main Case No: SUIT/0100512/2009
Main Cnr: MHCC010018602009
Main Filing No: 111447

Filing Number: 103472/2020
Filing Date: 19-03-2020
First Hearing Date: 18th April 2020
Decision Date: 14th July 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE