Kusumlata Ravindranath Singh +3 moreVsMCGM +1 more

Date: 28-03-2019
Business: Adv.Mr.Shrivastava for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Adv.of plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register notice of motion.
Heard Adv.for the plff. He submits that the defendant had taken up the demolition of the suit premise today. The officer of BMC Mr.Suraj Kude is present. He informs that out of 1 feet slab the portion 6 inch slab was taken for demolition. He informed that the suit structure is not demolished. The MMC to file say to the notice of motion by Saturday, 30.03.2019. In the meantime parties to the suit are directed to maintain status quo as on today till 30.03.2019.
Sheristedar is directed to give authenticated copy to both the sides.
Matter adjd to 30.03.2019 for Say.
Next Purpose: REPLY
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Adv.Mr.S.P. Shrivastava for plaintiff present.
Adv.Shri Dhumale for defendant/MCGM present.
Affidavit in reply of the notice of motion filed by Adv.of deft. t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 02.04.2019 for NM Hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Adv.Mr.Verma h/f.Adv.Mr.Shrivastava for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
KB
LO
Adv.Mr.Shrivastava for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Adv.of plaintiff filed registered Notice of Motion No.1382/2019 t.o.r.
Adv.of plaintiff filed draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
Affidavit in rejoinder filed by Adv.of plaintiff t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 11.04.2019 for Say.
Next Purpose: REPLY
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv.Mr.S.P. Shrivastava for plaintiff present.
Adv.Shri Dhumale for defendant/MCGM present.
Adv.of plaintiff filed chamber summons No.786/19 a/w. Affidavit t.o.r.
Adv.of deft.requested time to file reply.
Earlier order if any to continue till the next date.
Matter adjd to 06.06.2019 for NM reply/Ch/s reply.
LO
Adv.Mr.J.V.Parmar present and filed vakalatnama on behalf of applicant t.o.r.
Adv.of applicant filed draft chamber summons a/w. Affidavit t.o.r.
O-Leave granted to register draft chamber summons.
Matter adjd to 06.06.2019 for NM reply/Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Adv.Mr.S.P.Shrivastava for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Adv.Mr.Parmar for applicant present.
Adv.of applicant filed chamber summons No.983/2019 t.o.r.
Adv.of Plaintiff filed reply on chamber summons No.983/2019 t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 27.06.2019 for Ch/s hearing.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv.Mr.S.P.Shrivastava for Plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
As Court is busy in dictating judgment in S.C.329/2018, hence, matter adjourned.
Earlier order if any to continue till the next date.
Matter adjd to 06.08.2019 for CS Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adv.S.P.Shrivastava for Plaintiff present.
Earlier order if any to continue till the next date.
As Court is busy in hearing in NM and Ch/s and dictating order, hence, matter adjourned.
Matter adjd to 17.09.2019 for Ch/s. Argument.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Plaintiff and Adv. Mr. S. P. Shrivastav present.
Adv. Ms. Dhuri  for defendant/MCGM present.
Adv. Mr. Jayesh Parmar for applicant present.
Earlier order if any to continue till the next date.
Matter adjd to 10/10/2019 for hearing.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff absent and Adv. Mr. Shrivastav present
Adv. Mrs. Dhuri  for defendant/MCGM present.
Adv. For defendant present.
Earlier order if any to continue till the next date.
Matter adjd to 26/11/2019 for hrg.on ch/s.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Plaintiff absent and Adv. Mr. S. P.Shrivastav present.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Adv. Mr. O. S. Kamwal for applicant present.
Heard arguments on notice of motion.
Earlier order if any to continue till the next date.
Matter adjd to 02/12/2019 for order on n.m.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Srivastava for plaintiff present.
Matter is adjd. To 05.12.2019  for arguments  on chamber summons and notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Matter is adjd to 06.12.2019 for Order
Next Purpose: ORDER
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. for plaintiff present.
Adv. Mr. Patil/Mrs. Tondwalkar  for defendant/MCGM present.
As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence,
Matter adjd to 07/12/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 11/12/2019 for order on n.m.
Next Purpose: ORDER
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Adv. For plaintiff present.
Adv. Mr. Suryavanshi for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion NO. 1382/2019 -
                             O R D E R
The Notice of Motion No.1382/2019 is dismissed.
L. O. at 05.00 p.m.
Adv. For plaintiff present and filed an application for extension of earlier order t.o.r. and marked as Exh.
Order- EOC is extended for 10 days to prefer appeal.
Matter adjd to 16/01/2020 for ch/s. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Mr. Vingale for plaintiff present
Adv. Mrs. Rawade for defendant MCGM Present.
Adv. Mr. Ashsih Gupte for applicant present.
Plaint.
Vakalatnama of Plaintiff.
Memorandum of address.
List of documents.
Vakalatnama of defendant .
Adv. for plaintiff filed an application t.o.r. and marked as Exh.
                       O R D E R  O N  E X H. 07
The plaintiff as has preferred appeal hence, Exh.07 is rejected.
Mater is adjd to 13.02.2020 for hrg.on n.m.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Vinayak Gaonkar for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Heard arguments of plaintiff and MCGM on chamber summons.
Matter is adjd to 29/02/2020 for arg.of applicant.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mr. Vinayak for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Applicant and advocate absent.
Matter is adjd to 05/03/2020 for order on ch/s .
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Plaintiff and Adv. absent.
Adv. Mrs. Rawade for MCGM/deft present.
As Applicant is not prosecuted Chamber Summons No. 983/2019 is dismissed by default.
F. R. S. R. Following order is passed on Chamber Summons No.786/2019-
                            O R D E R
1) The  Chamber Summons No.786/2019 is allowed.
2) The plaintiff to carry out the amendment in the plaint
     within 14 days from the date of order.
3) Chamber summons stands disposed off.
Matter is adjd to 11/06/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv Vinayak present for plaintiff.
None present for defendant.
WS not filed yet.
BMC shall avoid delay in WS.
Matter adjourned for WS to 19.01.2021.
LO at 11.45 am.
Adv Rawade present for MCGM/defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Court is on CSIC Training.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv Gavkar (hf) present for plaintiff.
Adv Nandanwar (hf) present for MCGM/defendant.
Reply is treated as WS by Adv of defendant at Exh.8.
Matter adjourned for framing issues to 06.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv. Gavkar H/f adv. Shrivastav present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Exh. 09 Issues are framed.
Matter 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: 05-08-2021

Date: 05-08-2021
Business: Adv. absent for plaintiff.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for RE to. 16/09/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: court is on leave, adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None present for plaintiff.
Adv. Vidya vyavahare present  for MCGM/defendant.
As court is busy in dictating order on chs. no. 1186/21 in suit no. 2718/2015 hence remaining board is discharged and Matter adjourned for RE to 13/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: As Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: The Court is busy in judgment dictating in Suit No. 343/2010 and dictating orders in Suit No.1266/2011, Suit No.8310/2022 hence, for want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff to tender evidence on next date without fail.
Matter is adjd for RE on 01-12-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 1246 of 2013. Hence want of time board is discharged.
Matter is adjd for RE on 15-04-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for plaintiff.
Adv. Vyavahare @ Adv. Rawade present for MCGM/defendant.
Plaintiff to tender evidence on next date without fail.
Matter adjourned for R/E on 11-07-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 30.09.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None for plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd. to 24.11.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 19.01.2024  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Adv. Omprakash h/f Adv. Srivastav for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 09.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 28.03.2024 for  evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 18.06.2024 for  evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: None for Plaintiff.
Adv. Om Suryawanshi for Defendant/MCGM present.
Matter is adjd  to 06.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 26.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 15.10.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to  03.12.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 21.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
     Issues are framed on 06.01.2021 and matter is for plaintiffs evidence. However, from the record it seems that since long none present for plaintiff. Hence, matter be fixed for dismissal order on next date.
Matter is adjd to 18.02.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Today the matter is for dismissal order and from the record it appears that since long neither plaintiffs nor their advocate remain present. Therefore, in view of the relectuant attitude of the plaintiffs in proceeding further I think it that suit deserves to be dismissed for want of prosecution so accordingly in the result following order is passed -
1. L. C. Suit No. 856 of 2019 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-02-2025

CHAMBER SUMMONS/100983/2019
CHAMBER SUMMONS/100786/2019
NOTICE OF MOTION/101382/2019

Filing Number: 103671/2019
Filing Date: 25-03-2019
First Hearing Date: 28th March 2019
Decision Date: 18th February 2025
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE