Date: 29-03-2019
Business: Adv.Mr.P.D.Gandhy for plaintiff present.
Adv.Mrs.Patil for defendant/MCGM present.
Exh.1 - Plaint
Exh.2 - Vakalatnama. O-Seen and filed.
Exh.3 - Address Memo. O-R and R.
Exh.4 - List of documents. O-Seen and filed.
Exh.5 - Affidavit in support of plaint.
Exh.6 - Adv.Mr.Raghav Gupta present and filed vakalatnama on behalf of deft. no.3 t.o.r.
Exh.7-Adv.of plaintiff filed application t.o.r.
Heard both the sides on NM No.1372/19 and application below Exh.7
ORDER ON NM NO.1372/19
1. The application for ad-interim injunction is rejected.
ORDER BELOW EXH.7
1. The status quo was directed to be maintained without entering the merits of the case. Now, there is finding of this Court that the plaintiff has no right to carry out construction. Therefore, the question of granting status quo does not arrive.
2. The application is cannot be considered is rejected.
Sheristedar is directed to give authenticated copy to both the sides.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradip Patil for defendant/MCGM present.
Matter adjd to 02.8.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Adv.Ms.Ankita Sangwan for defendant no.3 present.
Matter adjd to 20.09.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Plaintiff and Adv. Ms. Indira Gandhy present.
Adv. Mr. Patil for defendant/MCGM present.
Adv. Mr. Maidkar for defendant no.3 present and filed Written Statement t.or. And marked as Exh. 08. Order-Filed.
Matter adjd to 16/10/2019 for hrg.on n/m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Mr. P.D. Gandhi for plff. present.
Adv. Mr. Patil for defendant/MCGM present.
As court busy in hrg. argument in other suits, hence board discharged.
Matter adjd to 20/11/2019 for N.M. argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work.
Matter adjd to 11/12/2019 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence, board is discharged.
Matter adjd to 03/02/2020 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2020
Date: 08-02-2020
Business: Wrongly posted on 08/02/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Mr. P. D. Gandhy for plaintiff present.
Adv. Mr. Mahendra h/f Adv. Mr. Bhadang for deft-3 present.
Adv. Mr. Suryavanshi for MCGM/deft present and seeks time to affirm the notice of motion. Order- Granted time.
Matter is adjd to 06/03/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Ms. Indira Labde for plaintiff present.
Adv. Mr. Suyavanshi for MCGM/deft present.
Adv. Mr. Raghav Gupta for defendant no.3 present and filed affidavit in reply to notice of motion t.o.r.
N/m reply cum Written Statement filed by MCGM t.o.r. marked as Exh.09. Order- Filed.
Matter is adjd to 03/04/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
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: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv P. D. Gandhy present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Adv Mahim for defendant no.3 present.
Order dated 07.01.2020 passed by Hon\''ble High Court it shows that hearing on NM No.1372/2019 is expedited.
Both parties are ready to argue on NM on 11.12.2020. Parties are at liberty to submit written arguments if any.
Matter adjourned for NM arguments to 11.12.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Giriraj (h/f) present for plaintiff.
Adv Suryawanshi present for MCGM/defendant no.1 and 2.
Adv Bhadang present for defendant no.3.
Sr. Adv of plaintiff is reported busy in another court. Therefore arguments of defendant no.1 to 3 are heard.
Adv of MMC produced copy of sanction plan on the record.
KB for 2 pm.
LO at 2.15 pm.
Adv PD Gandhi present for plaintiff.
Adv of plaintiff submitted oral and written arguments.
Adv of defendant no.3 is not available by this time at 4.00 pm.
Adv Suryawanshi submitted reply argument orally.
Matter adjourned for arguments of defendant no.3 to 14.12.2020 at 11.30 am.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv Aditya Khare (h/f) present for plaintiff.
Adv Suryawanshi for MCGM/defendant no.1 and 2.
Adv Bhadang present for defendant no.3.
Both the parties orally replied arguments.
Matter adjourned for NM order to 15.12.2020.
LO at 2.25 pm.
Adv of plaintiff and Adv of defendant no.3 left court in the morning session but in the second session while perusing written notes of arguments submitted by defendant no.3 it reveals that they have annexed copy of one compromise order passed by Hon\''ble High Court dated 28.08.2020. Surprisingly defendant no.3 did not submit oral arguments on it and did not point out this order to this court or to adv of plaintiff or adv of MMC.
At this time Adv of MMC is present but he is not aware of said compromise proceeding of High Court. Therefore it appears that there was some matter before Hon\''ble High Court (through VC during COVID-19 period) in which compromise was recorded. Thus in order to avoid any contradictory order It is necessary that Ld. Counsels of both the parties should be requested to argue on said compromise recorded in Hon\''ble High Court.
Matter adjourned for NM arguments on compromise order dated 28.08.2020 passed by Hon\''ble High Court 15.12.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv Mr. Kaustubh Patil h/f for plaintiff present.
Adv Mr. Suryavanshi for MCGM/defendant No.1 and 2 present.
Adv Mainkar h/f for deft No.3 present.
Matter adjourned for order to 16/12/20.
Next Purpose: NM ORDERS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv Indira Labde (h/f) present for plaintiff.
Adv Suryawanshi present for MCGM/defendant no.1 and 2.
Adv Mahimkar present for defendant no.3.
Adv of deft. no.3 submitted that his reply be treated as WS.
F.R.S.R. Following order is passed below NM No.1372 of 2019-
ORDER
1.The Notice of Motion No.1372of 2019 is hereby partly allowed and disposed off.
2.Relief prayed by the plaintiff against defendant No.1 and 2 is hereby rejected.
3.Till disposal of the main suit defendant No.3 (society) or its members shall not disturb longstanding possession of plaintiff over the said terrace, more particularly near the said two collapsible gates.
4.After removal of the said BM wall by MCGM defendant No.3 (society) and its members will be at liberty to use the said fire escape passage at the time of fire emergency, if any, till disposal of the suit.
5.Parties to avoid delay on their part in the main suit.
6.Costs shall follow the event.
Later on Adv of plaintiff submitted application Exh.10 for extending Ad-interim relief for the period of four weeks as plaintiff intends to file appeal.
On behalf of MCGM application is strongly opposed.
Defendant No.3 also opposed the application.
However considering peculiarities of the matter the earlier relief is extended for two weeks only. Application Exh.10 stands disposed off.
Matter adjourned for issues to 03.02.2021.
Nature Of Disposal: OTHER
Disposal Date: 16-12-2020