Date: 26-04-2019
Business: Plff present. His Adv. absent.
Adv. Mrs. Vyavhare for MCGM/deft present.
Plff tendered original registered N/M No.1393/19 alongwith affidavit.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Adjd to 6/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Adv. Kharatmol for plaintiff present.
Adv. Khandagle for Def. MCGM present.
Plaintiff is directed to register the suit on or before next date.
On oral request of ld adv for def., adjournment granted as a last chance.
Adjd to 01.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted as a last chance.
Plff is directed to register suit on or before next date.
Adjd to 15.07.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: The P.O. is on leave.
Hence board is discharged.
Adjd to 22.07.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: HEARING
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Kharatmol for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Plaintiff is directed to register the suit on or before next date.
Adjd to 25-11-2019 for N/M Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Mr. Kharatmol for Plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
K.B.
L.O. Same appearance.
Heard both sides in respect of ad-interim relief.
ORDER ON AD-INTERIM RELIEF
Perused plaint, documents annexed thereto, Notice of Motion and heard both sides. In this suit the Plaintiff is challenging notice issued by Defendant/MCGM u/s 55 of The Maharashtra
Regional and Town Planning Act, 1966 (hereinafter MRTP Act) for removal of alleged unauthorized temporary development. Learned advocate for the Plaintiff has vehemently argued that the suit premises i.e. alleged unauthorized temporary development is located in slum area and private land therefore notice under MRTP Act is without jurisdiction. Learned advocate for Plaintiff has also pointed out that the Plaintiff has voluminous documents showing his occupation in the suit premises prior to the year 2000. However, the Plaintiff has to prove authorization of the suit structure by bringing approved plan from competent authority or toleration of the suit structure prior to the datum line in 1962. The structures are protected under The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (hereinafter Slum Act) only when they are located in slum area. In this case mere survey receipt is not sufficient to show that the suit premises is located in slum area. Moreover, the Plaintiff has come up before the court challenging the notice and speaking order dated 18/08/2018 which means he is coming before the court after one year from the order. In other words, the Plaintiff has failed to show any urgency. As submitted rightly by learned advocate for Defendant/MCGM, there is no bar to take action under MRTP Act on private land. For all the aforesaid reasons Plaintiff is not entitled for ad-interim relief. Hence, ad-interim relief is rejected.
Authenticated copies be given to the both parties.
Case is adjourned to 02/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Madhvi Mahadik for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Matter adjd to 29.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-05-2020
Date: 20-05-2020
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: COMPLIANCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: due to national lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Matter adjd to 05/02/2021 for Compliance (to serve the copy of amended plaint upon defts).
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Matter adjd to 24/03/2021 for Compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: By Consent, Matter adjd to 31/03/2021 for Hearing on Ad-interim relief and NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Matter adjd to 19/04/2021 for Ad-Interim hearing on NM No.4722/19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present and requests for short adjournment. Short adjournment is granted.
Adv Tondwalkar for defendant / MCGM present.
Adv for defendant / MCGM has strongly objected for adjournment.
Adjd. To 13/08/2021 for ad-interim hearing on NM NO.4722/19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv Mahadik h/f Adv Sarita Donde for plaintiff present and submitted that she wants to take out Ch/s and requests for time. Time is granted.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 03/09/2021 for ad-interim hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 20/09/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Plaintiff no.1 present. His advocate absent.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 08/10/2021 for ad-interim hearing on NM No.4722/19.
Next Purpose: HEARING
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Plaintiff present. His advocate absent.
Plaintiff and tendered draft Ch/s alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s, returnable on next date. Copy be supplied to other side.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 22/11/2021 for service / ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv Sarita Donde for plaintiff present and requests for time to argue on Ch/s.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Plaintiff is directed to tender original registered Ch/s along-with affidavit of support thereof on next date.
Adjd. To 12/01/2022 for service and hearing on Ch/s.
Next Purpose: HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
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. to 04/03/2022 for service and hearing on Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. to 18/04/2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv Sarita Donde for plaintiff present and requests for time to argue on Ch/s. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Advocate for plaintiff is directed to register the Ch/s till next date.
Adjd. To 01/07/2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Sarita Donde for plaintiff present and tendered original Ch/S No. 905/2022, TOR.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to Ch/S. Time is granted till next date.
Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./MCGM.
Adjd. to 12/09/2022 for compliance by plaintiff/reply to Ch/S.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./BMC.
Adjd. to 03/10/2022 for compliance by plaintiff/reply to Ch/S.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adv. for plaintiff is directed to serve the copy of Ch/S on proposed deft. and also on deft./BMC.
Adjd. to 04/11/2022 for compliance by plaintiff, Ch/S reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: P.O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
Adjd. to 17/02/2023 for compliance by plaintiff, Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: As Court is busy in urgent N/M and ad-interim hearing, board is discharged.
Adjd. to 26/04/2023 for compliance by plaintiff, Ch/S reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Sarita Donde for plaintiff is present and tendered affidavit of service
Adv. Mr. Suryavanshi for defendant / BMC is present and has given say to C/S NO. 905/2022.
Order below C/S. No. 905/2022
The plaintiff has taken C/S under order 1 rule 10 (2) of the CPC for impleading respondent Mahesh Ramji Kukareja as a party defendant. It is submitted that the officer of the corporation written plaintiff to demolish the notice structure on 26.11.2019 and thereafter officer of the corporations with the help of respondent visited the suit premises / structure. The officer of the corporation submitted illegal act as such respondent is a necessary party to the suit.
Notice sent to Respondent through RPAD returned unserved with postal remark refused. Corporation opposed C/S stating that in a suit to challenge notice issued u/S 55 of MRTP Act only necessary party is corporation.
Heard advocate for the parties.
Advocate for the plaintiff submitted that plaintiff is the dominus litis and it is for the plaintiff to decide who should be the party to the suit or who may be joined as a party to suit. The respondent refused to receive notice and did not remain present. It is stated by the plaintiff that respondent is proper and necessary party to the suit for effective and complete adjudication of dispute involved in suit. Therefore considering the contention made in the C/S I pass following order-
ORDER
1. Chamber Summons No. 905/2022 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out amendment within prescribed time
3. Copy of amended plaint be served to other side.
Adjd. to 28.06.2023 for Compliance and N/M hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Advocate Sarita Donde for plaintiff present and seeks time to serve writ of summons upon defendant No. 3 and amended copy of plaint upon defendant No. 1 and 2/BMC.
Advocate Suryavanshi for defendant No.1 and 2/BMC present.
Adjd to 26.09.2023 to service of writ of summons upon def NO. 3 and service of copy of amended plaint of def No. 1 and 2
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Matter is pending for writ of summon upon deft No. 3 and service of amended plaint upon deft No. 1 and 2. hence matter adjourned for service of writ of summons upon deft No. 3 and service of copy of amended plaint to deft No .1 and 2
Adjd to 15.02.2024 for service of writ of summons upon deft No. 3 and service of copy of amended plaint to deft NO .1 and 2
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: None present for plaintiff.
Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant No.1 and 2/BMC present.
suit is of year 2019 and pending since long for service of writ of summon upon deft no. 3 but plaintiff has not served writ of summons. Hence matter adjourned and kept for dismissal of suit against deft NO. 3 and service of amended plaint upon deft No. 1 and 2
Adjd to 24.04.2024 for dismissal of suit against deft No. 3 and service upon deft No. 1 and 2
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Advocate Sarita Donde h/f Kharatmol for plaintiff present and tendered application for extension of time to serve summons upon deft No. 3 marked as Exh. 4
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adjd to 01.07.2024 for service of amended plaint upon deft No. 1 and 2 and service of summons upon deft No. 3
Next Purpose: SERVICE
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: Advocate Sarita Donde for plaintiff requested time to serve writ of summons upon newly added deft No. 3 and also Deft No. 1 and 2, hence matter adjourned.
Advocate Vyawahare for defendant N./BMC present.
Adjd to 07.08.2024 for service of writ of summons upon newly added deft No. 3 and D- 1 and 2/NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: Advocate Sarita Donde for plaintiff present and requested time to serve writ of summons upon deft No. 3. Suit is of year 2019 and since long it is pending for writ of summons. Hence time is granted as a last chance.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance
Adjd to 23.09.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Advocate Sarita Donde for plaintiff present and tendered writ of summons alongwith draft Chamber summons @ affidavit in support to bring on record LRs of deceased plaintiff.
O – Leave granted to register ch/s.
Adv for plaintiff served writ of summons upon deft/BMC below Exh. 5
Advocate Honmane for defendant No. 1 and 2/BMC present and received writ of summons.
Adjd to 04.11.2024 for service of ch/s upon defendants / writ of summons upon deft No. 3 and WS by deft/BMC.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sarita Donde for plaintiff present and tendered registered ch/s 2197/2024.
Advocate Honmane for defendant no.1 and 2/BMC present and requested time to file reply to ch/s. hence time granted as a last chance.
None present for deft No. 3
Adjd to 25.11.2024 for ch/s Reply
Next Purpose: C/S REPLY
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Adv. Zende for plaintiff present.
None for defendant No.3.
Adv. Honmane for defendant Nos.1 and 2 present and filed reply to ch/s.
Heard both sides.
Adv. for plaintiff tendered true copy death Certificate of plaintiff. t.o.r. and marked as Exh.6.
O- Production is allowed.
Heard both sides on ch/s.
Adjourned for ch/s order to 09.12.2024
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: As HHJ gone for Medical Check-up, board is discharged and matter is adjourned
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: Advocate Sarita Donde for plaintiff present.
Advocate Swapnil Bharti for defendant/BMC present.
As Court is busy in ( Targeted suit ) Judgment in suit No. 2391/2011 and 1266/13 and ad-interim hearing/order, hence matter adjourned
Adjd to 06.01.2025 for ch/s order
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
Adv. Ms. Sarita Donde a/w Adv. Mr. Kedar Prabhu for the plaintiff is present. Adv. Ms.Sangita Honmane for defendant Nos.1 and 2/ MCGM is present. She filed reply-cum-written statement. Taken on record. It is marked as Exhibit 7. She also filed list of documents. Taken on record. It is marked as Exhibit 8. O- Filed. Copies are supplied to the other side. She submitted that this reply be also treated as reply for both the NMs. None present for defendant No. 3. Heard both the sides Ch/s.
F.R.S.R the following Order is passed on Ch/s. No. 2197/2024.
-: O R D E R :-
(i). Chamber Summons No. 2197/2024 is made absolute in terms of Clause (a) only. Consequently, the applicants are called upon to carry out the proposed amendment/ substitution in the plaint, positively till the next date, and to file copy of amended plaint simultaneously.
(ii). Chamber Summons No. 2197/2024 is, accordingly,
disposed of.
Adjourned for Compliance/NM hearing to 24.02.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Plaintiff No. 1(a) is present in person. Adv. Mr. Kedar Prabhu h/f Adv. Ms. Sarita S. Donde for plaintiff is present. He informed that the amendment is carried and sought longer date to tender amendment plaint. Time is granted. Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present. None present for defendant No. 3.
Adjourned for filing amendment Plaint/NM hearing to 23-04-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2025
Date: 23-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Plaintiff 1(b) is present and sought time to file amended plaint, as his Advocate is absent. Time is granted. Adv. Ms. Sangita Honmane for defendant nos. 1 and 2/MCGM is present.
Adjourned for filing amended plaint/NM hearing to 07.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 3.53 pm.
None present for the plaintiff. Rest appearance is as above.
The following Order is passed in NM No.1393/2019:
ORDER
Today none present for the plaintiff. There is no separate application tendered on record seeking adjournment. While the matter was fixed for NM hearing and tendering amended plaint, neither nor their Advocate opt to remain present. They have not taken positive steps to proceed with NM hearing. It is not persuaded effectively. There is no reason before this Court to postpone present NM on next date for the same purpose. Even after demise of original plaintiff his LRs are brought on record which may deserves deliberation. I believe plaintiffs have lost their interest to persuaded present NM. It deserves dismissal in default. Ergo the Order.
01 Notice of Motion NO. 1393/2019 is dismissed in default with liberty to the plaintiff to move NM afresh, if any.
02. Notice of Motion No. 1393/2019 is disposed of accordingly.
The following Order is passed in NM No. 4722/2019 :
ORDER
Today none present for the plaintiff. There is no separate application tendered on record seeking adjournment. While the matter was fixed for NM hearing and tendering amended plaint, neither nor their Advocate opt to remain present. They have not taken positive steps to proceed with NM hearing. It is not persuaded effectively. There is no reason before this Court to postpone present NM on next date for the same purpose. Even after demise of original plaintiff his LRs are brought on record which may deserves deliberation. I believe plaintiffs have lost their interest to persuaded present NM. It deserves dismissal in default. Ergo the Order.
01 Notice of Motion No. 4722/2019 is dismissed in default with liberty to the plaintiff to move NM afresh, if any.
02. Notice of Motion No. 4722/2019 is disposed of accordingly.
Adjourned for amended plaint/Compliance/dismissal to 25.08.2025.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-07-2025