Pawansut Radheshyam GuptaVsMCGM +4 more

Date: 14-06-2018
Business: Adv. Vaibhav Kamble for Defendant no.3 present.
Adv. D. N. Mishra for Defendant nos.2 and 4 present.
Plaint.
Vakalatnama in Plaint.
Memorandum of Address.
List of Document in plaint.
Adv. Vaibhav Kamble filed Vakalatnama on behalf of Defendant no.3.  Taken on record and marked as Exh.5
He further filed W/S.  Taken on record and marked as Exh.6.
Adv. D.N. Mishra for Defendant nos.2 and 4 present.
He filed Vakalatnama on behalf of Defendant nos.2 and 4.  Taken on record and marked as Exh.7 and 8.
Adv. Om Suryavanshi for Defendant no.1 present.
Adjourned to 25.09.2018 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: As court is busy in R/E in SU No. 1893/09.
Board is discharged.
Matter adj. to 29/10/2018 for filing WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Adv. P. Shukla for plaintiff present.
Adv. Deepali Patil for defendant no.1 present.
Adv. Dubey for defendant nos.2 and 4 present.
None present for Defendant nos.3 and 5 absent.
Defendant nos.1,2,4 and 5 failed to file WS hence, suit to proceed without WS against those defendants.
Adjd. to 22.04.2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: None present for plaintiff.
Adv. Suryavanshi for defendant no.1 present.
Adv. Richa Mishra for defendant nos.2 and 4 present.
As court is busy in other old matters, adjourned for draft issues to 07.08.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: None present  for the Plaintiff.
Adv. D. A. Mishra for Defendant-2 and 4 present. (No WS )
Adv. Suryawanshi for MMC/Defendant No. 1 present (No WS )
Adv. Subhedar for deft no. 5 MMRDA present  (No WS )
None present  for Defendant no. 3 (WS )
Draft issues not tendered.
Matter is adjd. to 6.11.2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Rajnish Upadhyay for the Plaintiff present.
Adv. Chandramore for Defendant no 1.present.
Matter is adjd. to 07.02.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: None present    for plaintiff .
Adv.   Chandramore   for defendant no. 1  is present.
Court is busy in hearing of  others matters on board.
Matter is adjd.  for framing issues  to 09/06/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Issues framed -Exh-7
Matter is adjd to 09.02.2021 for filling /list of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Mr. Priyank Shukla for the plaintiff.
Adv. Chandramore for  the defendant No.1.
No list of witnesses is filed.
Matter is adjd. to 23/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Plaintiff is absent.
Adv Chandramore present for the defendant.
Matter is adjd. to 28.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: None present for the plaintiff.
Adv Mr.D.N.Mishra for defendant nos.2 and 4 present.
Matter is adjd. to 24.03.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Rajnish Upadhay h/f Adv. R.D. Mishra for plaintiff present.
Adv. Chandramore for BMC present.
Ld. Adv. for plaintiff seeks time to file affidavit of examination in chief.
Matter is adjd. to 15-06-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv.R.D.Mishra for plaintiff is present and submitted that plaintiff is out of station hence he seeks time for file evidence affidavit of plaintiff. O-Time is granted.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 27-07-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Adv. Rajnish Upadhyay h/f Adv. R. D. Mishra for plaintiff present.
Adv. D. N. Mishra for defendant 2 and 3 present.
Adv. Chandramore for defendant no. 1/BMC present.
Perusing record, it appears that matter is pending for evidence from 9.2.2021 the plaintiff await adj. for filing evidence. Sufficient opportunities have been given to plaintiff today also plaintiff failed to lead evidence hence plaintiff is directed to lead evidence on next date without fail. Failing which the suit will be dismissed.
Matter is adjd. to 04.11.2022 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: DISMISSAL
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Rajnish Upadhyay h/f Adv. R. D. Mishra for plaintiff present requested to keep back matter for filing evidence.
Adv. Chandramore for defendant/BMC present.
LO at 1.15 pm
Advocate for plaintiff filed affidavit of evidence. TOR. It is marked at Exh.8.
Matter is adjourned to 03.03.2023 for production of documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As Court is busy in dictating judgment in Suit No. 3450/2013 and order in Chamber Summons No. 1630/22 in Suit No. 3617/2008. Hence, board is discharged.
Matter is adjourned to 19.04.2023 for filing affidavit of document.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: As Court is busy in dictating order on Exhibit 315 in Suit No. 8699 of 1993. Hence, board is discharged and Matter is adjourned to 11.07.2023 for  Filling affidavit and Document.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Adv. Mr. Rajnish Upadhayay h/f Adv. Mishra for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. Mr. Shivam Singh h/f Adv. Mishra for defendant Nos. 2 and 3 is present.
Adv. for the plaintiff submits that plaintiff is out of station and seeks time to file original documents. Time is granted.
Matter is adjourned to 28.08.2023 for filing documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff seeks time to file affidavit of documents. Time is granted.
Matter is adjourned to 11.10.2023 for filing documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Mr. Rajnish Upadhayay for the plaintiff is present.
Adv. Mr. Shivam Singh h/f Adv. Mishra for defendant Nos. 2 and 4 is present.
Adv. for the plaintiff seeks time to file original documents. Time is granted.
Matter is adjourned to 13.12.2023 for filing affidavit of documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Mr. Rajnish Upadhayay for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff seeks time to file list of documents. Time is granted for today only with direction to proceed with the matter on next date positively.
Matter is adjourned to 09.02.2024 for filing list of documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Court is on leave. Hence, board discharged matter adjd to
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Adv. Mr.Pathak h/f Adv. R.D.Mishra for the plaintiff is present.
None for defendant.
Adv. Mr.Sunil Kahndagale for defendant/BMC is present.
Adv. for plaintiff seeks time to file documents. Adjournment granted for today only.
Matter is adjourned to 12.06.2024 for filing affidavit of document.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: None for the plaintiff.
Adv.Mrs.Vyavahare for the defendant No.1/BMC is present.
Matter is adjourned to 05.07.2024 finally for filing affidavit of document.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Adv. Mr.Rajnish Upadhyay h/f Adv. R.D.Mishra for the plaintiff is present.
Adv. Mr.D.N.Mishra for defendant No.2 and 4 is present.
Adv. for plaintiff filed list of documents at Exh-8.
Matter is adjourned to 28.08.2024 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Rajanish Upadhyay present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Mishra for defendant no. 2 and 4 present and sought adjournment.
Matter is adjourned to 21/10/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: Adv. present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 12/12/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: As the Court is on leave.  Board is discharged and the matter stands adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: None present for plaintiff.
Adv. A. K. Nandanwar h/f Adv. Rahul Rathod for defendant/BMC present.
Advocate Shivam Singh for defendant no. 2 and 4 present.
As plaintiff and his advocate are absent, Matter is adjourned to 16/06/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: Adv.  present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Amit Jaiswal for defendant no. 4 present.
Matter is placed for the first time before me.
Adv. for plaintiff sought adjournment. O- Time granted.
Matter is adjourned for admission and denial to 02/07/25.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv. Manish Gupta present for plaintiff and sought adjournment. O- Time granted..
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 06/08/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: None present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Turya Joshi h/f Adv. D. N. Mishra for deft. no. 2 and 4 present and sought adjournment. O- Time granted.
Matter is adjourned for RE to 10/09/25. (Morning session)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Upadhyay present for plaintiff.
Adv. Turya Joshi h/f Adv. D. N. Mishra present for defendant nos.2 and 4.
Advocate Rahul Rathod for defendant no.1/BMC present.
Matter is adjourned to 14.10.2025 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: Adv. Shukla present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
Adv. Mishra present for defendant nos.2 and 4.
The court is busy in dictating Judgment in Suit no.2201/2010 and Order in NM no.2620/2022 in Suit no.3053/2013. The board is discharged. Hence, Matter is adjourned to 19.11.2025 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Shivam Singh h/f Adv. D. N. Mishra for defendant no.2 and 4 present and sought adjournment. O-Allowed.
Matter is adjourned to 21.01.2026 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. Ajaydhar Dwivedi i/b Adv. R. D. Misra present for plaintiff.
Adv. Aslam Tadvi h/f Adv. Rahul Rathod for defendant no.1/BMC present.
All the documents produced by the plaintiff alongwith list Exh.9 are xerox copies. Hence, out of the same no document is marked as exhibit.
Plaintiff is absent. Hence, Matter is adjourned to 24.02.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Plaintiff and his advocate are absent.
Adv. Ajaydhar Dwivedi i/b R. D. Misra present for defendant
Adv. Rahul Rathod for defendant no.1/BMC present.
Witness is absent.
KB LO at 5.37pm
As plaintiff and his advocate are absent, Matter is adjourned to 06.03.2026 for REPH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: Plaintiff present.
Adv. Rahul Rathod for defendant no.1/BMC present.
KB LO at 12.12pm
Adv. Ajaydhar Dwivedi i/b R. D. Misra for Plaintiff present.
Adv. Rahul Rathod for defendant no.1/BMC present.
Advocate for plaintiff filed evidence closing pursis. TOR and marked as Exh.9. O-Seen and filed.
None present for defendant nos.2 to 4. No WS filed on behalf of defendant nos.2 to 4. Hence, no cross-examination on law point also.
Adv. Rathod for defendant no.1/BMC as matter is proceeded without WS he is not going to lead evidence and thereby keep the matter for arguments.
Matter is adjourned to 17.03.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: None present for plaintiff and defendants.
KB LO at 4.01pm
None present for plaintiff and defendants.
As both parties and their advocates are absent, Matter is adjourned to 04.05.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-05-2026

Date: 04-05-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
Heard arguments of Adv. Rahul Rathod for defendant no.1/BMC.
Matter is adjourned to 15.07.2026 for arguments of plaintiff as a last chance.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
KB LO at 5.46pm
Plaintiff and his advocate remained absent till 05.46pm. No application for adjournment is filed on record. Matter is too old. Hence, Matter is adjourned to 21.07.2026 for Argument PH.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: Adv. R. D. Misra present for plaintiff and filed written notes of arguments. TOR and marked as Exh.10. O-RR.
Copy served to the advocate for defendant no.1.
Adv. Rahul Rathod for defendant no.1/BMC present.
Matter is adjourned to 30.07.2026 for arguments of defendants, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: Adv. Rajnish Upadhyay h/f Adv. R. D. Misra present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.1/BMC present.
Adv. D. N. Mishra present for defendant nos.2 and 4.
Advocate for defendant nos.2 and 4 as well as Advocate for defendant no.1/BMC submitted that they will file written argument on next date.
Matter is adjourned to 10.08.2026 for written arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: Adv. Mr. Rajnish Updhyay for plaintiff is present.
Adv. Ms. Pooja Nagarthawar is present for defendant No.1/BMC submitted that she is not going to advance any further argument besides the argument already advanced by Adv. Rahul Rathod.
Matter is adjourned for Judgment to 03.09.2026.
Next Purpose: JUDGMENT
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Adv. Rajnish Upadhyay h/f Adv. R. D. Mishra present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.1/BMC present.
Adv. D. N. Mishra present for defendant nos.2 and 4.
KB LO at 01.55pm
Perused roznama dated 06.03.2026, it is observed therein that no WS filed on behalf of defendant nos.2 to 4 but infact, defendant no.3 has filed his WS at Exh.6. Hence, after closing the evidence of plaintiff it was necessary to keep the present matter for the evidence of defendant no.3 if any but it shows that, considering the submission of Advocate for defendant no.1, matter was kept further for argument hence, it clearly shows that no opportunity is given to the defendant no.3 to lead evidence if any and in the above circumstances, today the matter cannot be proceeded for Judgment. Hence caption be changed and keep the matter for evidence of defendant no.3.
As defendant no.3 alongwith advocate absent, Matter is adjourned to 10.09.2026 for evidence of defendant no.3.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: None present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.1/BMC present.
Adv. D. N. Mishra present for defendant nos.2 and 4.
KB LO at 01.45pm
None present for defendant no.3. No application for adjournment is filed on record. Matter is too old. Hence, evidence of defendant no.3 is hereby closed and matter to proceed u/o.XVII Rule 2 of the CPC.
Matter is adjourned to 21.09.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2026

Registration Number: 100853/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103941/2018
Filing Date: 14-03-2018
First Hearing Date: 14th June 2018
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE