Mrs. Shanta Baban PhakreVsThe Chief Commissioner MCGM +1 more

Date: 03-02-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and filed reply to NM and cum WS, TOR and marked at Exh.2.
He also tendered list of documents, TOR and marked at Exh.3.
Copies be served to other side.
Officer Mr. Jeevan Ghule, Junior Engineer, M/W Ward, MCGM, present.
It is submitted by deft/Corporation that as per directions of this Court dt.10.08.2020, speaking order is passed by Municipal Corporation Gr. Mumbai. Two weeks time which was given to plaintiff after passing of speaking order is already completed.
Matter adjd to 17/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Kharatmol for plaintiff present.
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for plaintiff, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Kharatmol for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 07/05/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-05-2021

Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 24/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and served NM reply cum W/s (Exh.2) to the plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 25/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Mr. Kharatmol for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv Kharatmol for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 16/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
Matter pertains to C.R. No.08
Adv Anil Kharatmol for plaintiff present.
None for defendant / MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 16/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Kharatmol for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 13/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. A. S. Khartmol for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adj to 20/07/2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 19/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Kharatmol for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Kharatmol for plaintiff present and requested time argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 07/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for N/M hrg.
L.O.
Same appearance.
Heard both sides on N/M No.1468/2020.
Earlier order, if any, to continue till next date.
Adjd. to 16/12/2022 for order on N/M No.1468/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Due to paucity of time, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 11/01/2023 for order on N/M No.1468/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
F.R.S.R. following order is passed on N/M No.1468/2020-
O R D E R
1.     Notice of Motion No.1468/2020 is dismissed.
2.     Cost in cause.
Adv. for plaintiff submitted that there was ad-interim protection during pendancy of the N/M. The plaintiff intended to challenge the order before Hon\''ble High Court. Hence, requested for extension of ad-interim protection for two weeks.
Adv. for corporation opposed for extension of interim protection. However, considering the fact that interim protection was there during the pendency of the N/M. The plaintiff intended to challenge order discussing N/M. Therefore, I pass following order-
O R D E R
Earlier order is extended for two weeks from today.
Adjd. to 15/04/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: N.O.B., T.O.B. (By preceipe).
Adv. Kharatmol for plaintiff present and tendered application for extension of time to continue ad-interim relief, TOR and marked as Exh.4. O - Other side to say.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and has given  say on Exh.4 overleaf.
Heard both sides on Exh.4.
Following order is passed below Exh.4-
O R D E R
1.     Plaintiff has filed application below Exh.4 for extension of ad-interim protection for 1 week. The plaintiff is one old lady and she came from native place on 24/01/2023. Therefore 1 week time is required to file appeal from Hon\''ble High Court. Corporation opposed application.
2.     Heard Adv. for both the parties.
3.     It is matter of record that ad-interim protection is continued today. The plaintiff intends to file appeal against order dismissing N/M. Adv. for the plaintiff submitted that if interim protection is not extended there is possibility of demolition of suit structure. Therefore, considering the facts of the case and upcoming holidays it will be just to extend interim extended protection till 30/01/2023. Hence, I pass following order-
O R D E R
Interim protection extended till 30/01/2023.
Already adjd. to 30/1/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 15/04/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Kharatmol for plaintiff present.
Adv. Ms. Mhatre h.f. Adv. Suryavanshi for defendant / BMC is present.
Adjd. to 24.07.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Advocate Kharatmol for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd  to 19.12.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Advocate  Kharatmol for plaintiff present and requested for adjournment. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd  to 27.02.2024   for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: None present for plaintiff.
Advocate Jyoti Mhatre-Patil  for defendant/BMC present.
Adjd  to  13.06.2024   for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: None present for plaintiff
None present for defendant/BMC.
Suit is pending since last three dates for plaintiff evidence, however since last two dates neither Adv nor plaintiff remains present. hence matter adjourned and kept for dismissal of suit.
Adjd  to 05.08.2024     for dismissal of suit.
Later on
Adv. Kharatmol for plaintiff present.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: None present for plaintiff
Advocate  Honmane    for defendant/BMC present.
The suit is listed for dismissal of suit for want of prosecution but none present for plaintiff. Hence matter adjourned and kept for dismissal of suit.
Adjd to 05.10.2024 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff present.
Adv Damyanti Shinde for plaintiff tendered VP marked as Exh. 6 and submitted that today she has filed VP and requested time to lead evidence.
Advocate Nagarthawar  for defendant/BMC present – M West Ward
Adjd  to  18.12.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: None present for plaintiff
Advocate Honmane  for defendant/BMC present.
Adjd  to  12.02.2025    for plaintiff evidence/R.E.
Later on
Adv. Deepak Patel h/f Damayanti Shinde for plaintiff present
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Damyanti Shinde h/f Adv. Mr. Kharatmol for the plaintiff is present and sought time to lead evidence. Time is granted.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for R.E to 25.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Santosh Kadam h/f Adv. Ms. Damayanti Shinde for the plaintiff is present  and sought time to lead evidence. Sufficient time is already granted. Hence, the suit is adjourned strictly as a last chance. In default, the suit would stand dismissed. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for RE/dismissal to 25.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. Deepak Patel for the plaintiff is present.  Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Today the Adv for plaintiff requested last chance for tendering evidence affidavit. Already sufficient opportunity is given. In the interest of justice an opportunity is given to file evidence affidavit or else further suitable order would be passed.
Adjourned for hearing/dismissal to 04.07.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. His Adv is absent.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 1.35 p.m
Adv. Mr. Deepak patel h/f Adv. Ms. Damayanti Shinde for the plaintiff is present and tendered affidavit of evidence of PW-1 Taken on record. It is marked as Exhibit 7. O- Read and Recorded He also filed list of documents Taken on record. It is marked as Exhibit 8. O- Other side to say. Copies are supplied to both the sides.
PW-1  Mrs. Shanta Baban Phakre is resumed on SA and his cross examination is deferred till next date.
Adjourned for admission denial/Exhibition of documents/RE.P.H.to  04.08.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff is absent.
Adv. Mr. Sail Khatavkar h/f Adv. Shinde for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present. She submitted reply on compilation.
Heard both sides on Exhibition of documents.
Order passed below Exhibit 8 :
	Perused examination in chief affidavit of the plaintiff. I have gone through all documents and reply filed by defendant minutely.
Document at sr No.1 is original copy of sketch of the suit property drawn by the Government Surveyor. It is prepared and endorsed by Additional Tahshildar, Kurla. There is no hurdle to exhibit and this document in evidence. Hence, it is marked as Exhibit 9 and read in to evidence.
Document at sr No. 2 are copies of Agreement for Sale dtd 20.07.1987, GPA dtd 17.07.1987 and affidavit dtd 04.06.1987.
Agreement for Sale dtd. 20.07.1987 deals with delivery of possession, as per clause 2, and therefore, it is ‘the Conveyance’, requiring payment of requisite stamp duty. However it is executed on the stamp paper of Rs.10/-, which is apparently deficit. Even said document is not registered. In the event it can not be exhibited and read in to evidence. The plaintiff is called upon to take suitable steps before admissibility of this agreement as evidence. GPA dtd 17.07.1987 and affidavit dtd 04.06.1987 are original and affirm before CMM, Mumbai. They can be read in to evidence. Hence, those document only are respectively marked as Exhibit 10 and Exhibit 11 and read in to evidence.
Next set of Document at sr No. 2 are copies of Agreement for Sale dtd 20.11.1996, GPA dtd 15.11.1996 and affidavit dtd 20.11.1996.
Agreement for Sale dtd. 20.11.1996 deals with delivery of possession, as per clause 2, and therefore, it is ‘the Conveyance’, requiring payment of requisite stamp duty. However it is executed on the stamp paper of Rs.10/-, which is apparently deficit. Even said document is not registered. In the event it can not be exhibited and read in to evidence. The plaintiff is called upon to take suitable steps before admissibility of this agreement as evidence. GPA dtd 15.11.1996 and affidavit dtd 20.11.1996 are original and affirm before CMM, Mumbai. They can be read in to
evidence. Hence, those document only are respectively marked as Exhibit 12 and Exhibit 13 and read in to evidence.
Document at sr. No. 3 are copies of Pan Card, Aadhar Card, Voter Card are photocopies but they are belonging to the plaintiff. Hence, they are read in evidence and marked as Exhibit 14 ( Colly)
Document at sr. No. 4. Original copy of notice, NA Order, 7/12 of suit premises being Government document having presumptive value. Hence, they are read in evidence and marked as Exhibit 15 ( Colly)
Document at sr. No. 5 are original copies of Electricity Bill and receipt of security deposit. They are marked as Exhibit 16 ( Colly) and read in to evidence.
Document at sr. No.6 and 7 are not in dispute. Hence they are read into evidence and respectively marked as Exhibit 17 ( Colly)  and Exhibit 18.
Both parties to take note of this Order
Adjourned for Cross examination of PW-1/R.E.P.H..to  19.09.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. Her Adv is absent. There she sought time/date. Granted as a last chance.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for cross examination of PW-1/ RE.P.H. to 10.10.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Damayanti Shinde h/f Adv. Mr. Kharatmol   for the plaintiff is present.
Witness is absent.
Adv. Ms. Vidya Vyavhare  h/f Adv. Ms. Honmane for defendant/MCGM is present and requested for adjournment.
Adjourned for cross examination of PW-1/RE.P.H. to 12.11.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Manali Kadam h/f Adv. Mr. Kharatmol  for the plaintiff is present and requested for adjournment as witness is absent.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for cross examination of PW-1.to 12.12.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-12-2025

Date: 12-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Damyanti Shinde h/f Adv. Kharatmol for the plaintiff is present and requested for adjournment as plaintiff is not well. Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for cross examination of PW-1/RE.P.H.to 21.01.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Plaintiff is absent with his Advocate.
Witness is absent.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for cross examination of PW-1/RE.P.H. to 18.02.2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Purnima Dhanawade h/f Adv. Kharatmol for the plaintiff is present and request to grant time to file evidence.
O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E. to 09.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Purnima Dhanawade i/b Anil Kharatmol  for the plaintiff is present and seeks time that plaintiff is ill. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E..to 19.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2026

Date: 19-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Witness is absent.
Adv. Ms. Purnima Dhanawade h/f Adv. Mr. Kharatmol  for the plaintiff is present and seeks time for cross examination.
O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for cross examination of PW-1/RE.P.H to 16.09.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Pournima Dhanwade for the plaintiff is present and seek time to secure present of witness. O-Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for R.E. to 26.10.2026.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-10-2026

Registration Number: 100208/2021
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103922/2020
Filing Date: 16-07-2020
First Hearing Date: 03rd February 2021
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE