Harnam Niwas CHS Ltd. +11 moreVsMCGM +3 more

Date: 27-06-2019
Business: Adv. Deepak Singh for plaintiff present and tendered undertakings of 11 peoples.  Copies are served to def. no. 4.
Adv. Ms. Patil for MCGM/Defendant 1 present.
Adv. Mishra for defendant no. 4 present.
Ld. adv. for plaintiff seeks adjournment on the ground that ld. Adv. On record is busy in another Court.  Other side has objected.  However, last chance is granted to the plaintiffs to argue on NM failing which earlier order will be vacated on next date.
Earlier order, if any, to continue till next date.
Adjd to 01.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv. Hasin Lafde for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present and filed reply to NM.  Copy served to advocate for plaintiff.
Adv. Alok Mishra for def. no. 4. present.
Heard arguments of both sides.
Adjd to 08.07.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Harprit Singh for plaintiff present.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. 1 to 3 present.
Adv. Alok Mishra for def. no. 4 present.
FRSR the following order is passed on NM No. 1477/19-
ORDER
1.  Notice of motion No. 1477 of 2019 is dismissed.
2.  Costs in cause.
Ld. adv. for plaintiff orally requests to continue earlier order till next date and the same is opposed by defendants.  Considering the fact that ad-interim relief was granted in favour of plaintiffs, earlier order to continue for a period of two weeks from today.
Adjd to 13.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: None for plaintiff present.
Adv. Mrs. D.D.Patil for Deft no.1 to 3/MCGM present.
None for defendant no.4.
On oral request of Ld. Adv. for defendants, adjournment is granted.
Adjd to 03/12/2019 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. Pramod Pande for plaintiff present.
Adv. Ms. Patil for MCGM/Defendants No. 1 to 3 present.
None for Defendant No. 4.
Defendant No.4 has failed to file WS till today. Hence, Suit to proceed without WS of Defendant No.4.
On oral request of advocate for Defendants No. 1 to 3, adjournment granted.
Adjd to 09.01.2020 for WS of Defendant No. 1 to 3/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Tanna for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant No. 1 to 3 present.
None for Defendant No. 4.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
N/m reply filed by the Deft. No. 1 to 3 be treated as a W.S. as per submission made by adv. party of MCGM vide Pursis filed, marked as Exh. 5.
Exh. 6 - WS of defendant no. 1 to 3 /MCGM.
Adjd to 18/02/2020 for draft issue .
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None for plaintiff.
Adv.Alok Mishra for defendant No.4 preesnt and tendered draft NM along with affidavit in suport. Leave to register is granted.
Adv. Ms. Patil for MCGM/Defendant No.1 to 3 present.
 Matter adjd to 24.04.2020  for service and reply.
Next Purpose: SERVICE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National lock down - 4
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adjd to
Next Purpose: SERVICE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None for plaintiff.
Adv. Smita Chavan for deft no.1 to 3/MCGM present.
None for deft no.4.
Matter adjd to 09/03/2021 for Service and Reply to NM.
Next Purpose: SERVICE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft no.1 to 3/MCGM present.
None for deft no.4.
Matter adjd to 08/06/2021 for Service and Reply to NM.
Next Purpose: SERVICE
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: SERVICE
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant  nos.1 to 3/ MCGM present.
None for defendant no.4.
Adjd. To 11/11/2021 for reply by defendant no.4.
Next Purpose: REPLY
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Rawade for defendant nos. 1 to 3/ MCGM present.
None for defendant no.4.
Adjd. To 06/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None for plaintiff.
Adv Khandagale h/f Adv Rawade for defendant  nos.1 to 3/ MCGM present.
None for defendant no.4.
Adjd. To 03/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plaintiff.
Adv Mrs Rawade for defendant nos.1 to 3 / MCGM present.
None for defendant no.4.
Today matter is kept for NM hearing.  But neither plaintiff nor his advocate is present. It shows that plaintiff is not interested to proceed with the NM, hence NM be kept for dismissal for want of prosecution.
Adjd. to 19/03/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None for Plaintiffs.
None for Defendant Nos. 1 to 3/MCGM, N/Ward.
None for Defendant No.4.
Today matter is kept for NM dismissal. NM No. 1663/2020 is taken out by Defendant No.4 and leave was granted on 18.02.2020. Since then neither Defendant No.4 nor their advocate appeared before this Court to proceed with the said NM, and even not tendered original NM No.1663/2020 along-with affidavit in support in this Court. Hence, said NM was kept for dismissal on last date. Today also neither Defendant No.4 nor their advocate remained present before this Court to proceed with said NM. Hence, NM No. 1663/2020 stands dismissed for want of prosecution.
Adjd. To 07/06/2022 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No. 1 to 3/ MCGM is present and has given an endorsement regarding adoption of reply to NM as WS on overleaf.
None for defendant No. 4.
Adjd. to 18/06/2022 for filing say by plaintiff on endorsement given by defendant No. 1 to 3/MCGM on NM reply/WS.
Next Purpose: FILING SAY
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant 1 to 3/ MCGM is present.
None for deft. No. 4.
Adjd. to 08/09/2022 for filing say by plaintiff on endorsement given by defendant No. 1 to 3/MCGM on N/M reply/ W/S.
Next Purpose: FILING SAY
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
None for deft. No. 4.
Adjd. to 01/11/2022 for filing say by plaintiff on endorsement given by defendant No. 1 to 3/MCGM on N/M reply/ W/S.
Next Purpose: FILING SAY
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
None for deft. No.4.
On perusal of record, it appears that as per roznama dated 03/12/2019, no W/S order against deft. No.4 was passed and on 09/01/2020 N/M reply was treated as W/S of deft. No.1 to 3/ BMC. Hence, now matter is adjourned for draft issues.
Adjd. to 03/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None for plaintiff.
Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
None for defendant No.4.
Both parties not tendered draft issues. Hence, matter is kept for framing issues.
Adjd. to 01/04/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi h/f Adv. Mhatre for defendant no. 1 to 3 / BMC is present.
None for defendant No.4.
Adjd. to 15/07/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant /BMC present.
Adjd to  02.09.2023  for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: None present for plaintiff
Advocate  Suryavanshi  for defendant/BMC present.
Adjd  to 30.09.2023  for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Exh.     Issues framed
Adjd  to 30.11.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1 to 3/BMC present.
Today is the first date for evidence of plaintiff but none present for plaintiff. Hence matter adjourned
None present for deft No. 4
Adjd  to 18.01.2024     for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for deft No. 4
Today is second date for filing evidence of plaintiff. Hence matter adjourned
Adjd  to 12.03.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: None present for plaintiff.
Advocate Metakari for defendant/BMC present.
Suit is of year 2019 and issues are framed on 20.09.2024 thereafter matter repeatedly adjourned for plaintiff evidence. However roznama shows neither plaintiff nor his adv remains present. hence matter adjourned and kept for dismissal of suit.
Adjd  to 20.07.2024  for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmare h/f Metakari for defendant No. 1 to 3/BMC present.
None present for deft No. 4
Due to heavy rain fall there is direction not to pass adverse order, hence matter adjourned
Adjd  to  31.08.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: None present for plaintiff’s
Advocate Pooja Nagarthawar  for defendant No. 1 to 3/BMC present.
None present for deft No. 4.
Keep back
Later on
Same appearance
Order below Exh.1
      Suit is of year 2019 and issues are framed on 30.09.2023 below Exh. 7 and thereafter matter repeatedly adjourned for plaintiff evidence. However roznama shows that neither plaintiff nor his Adv remains present. Hence as per order date 20.06.2024 matter came to be adjourned and kept for dismissal of suit but inspite of today none present for plaintiff. This shows that plaintiffs is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 31-08-2024

NOTICE OF MOTION/101663/2020

Registration Number: 101577/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103876/2019
Filing Date: 29-03-2019
First Hearing Date: 27th June 2019
Decision Date: 31st August 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE