Vijay Naval ChauhanVsMCGM

Date: 10-06-2019
Business: None for plaintiff.
Issue writ of summons to the defendant on payment of process fee.
Adjd to 20.08.2019 report of summons.
Next Purpose: REPORT
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. Mr. Moses for plaintiff present.
Adv. Ms. Patil for MCGM/Def. present and filed reply with compilation of documents. Copy served to other side.
Order on ad-interim relief.
Perused contents of the plaint, NM, affidavit of the defendant along with documents and heard both sides. Plaintiff is challenging notice U/s 351 of MMC Act dtd. 07.11.2016 given for unauthorized construction of room with BM wall and AC sheet roof ad-measuring 13  7 X 7  3 having height -7 plus 8 - /2 to the plaintiff.
According to the ld. Adv. for plaintiff said notice structure itself is room no. C6 and the plaintiff is in possession thereof since prior to 1961-62. He has relied upon rent receipt and one electricity receipt which are showing dates 31.08.1962 and 06.03.1969 respectively. However, none of this documents shows that they are in respect of C6.  The documents filed by defendant MCGM content election identity card of the plaintiff which shows his address as G11 of same Madhav Kunj Chawl. Therefore, the plaintiff should have brought cogent documentary evidence to show that the two documents were in respect of room C-6. Ld. Adv. for plaintiff has argued that the notice is issued to room no. C-6 however, the sketch prepared in the schedule of the notice shows that it is not part of room no. C-6 but an extension to the said room. There is no documentary evidence filed by the plaintiff to show that such an extension is made prior to 1961-62 or with prior permission of def. MCGM. As such the plaintiff has failed to prove existence of the notice structure prior to the datum line or that it is erected with prior permission of the def. MCGM.
Hence ad-interim relief is rejected. Plff is directed to register draft N/m on or before next date.
Adjd to 13.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Adv. Moses for plaintiff present and tendered registered NM No. 2375/19 with affidavit.
Adv. Ms. Patil for MCGM/Defendant present.
Time extended to serve writ of summons till next date.
On oral request of ld adv for def., adjournment granted.
Adjd to 07.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv.     Kiran Pai Naik   for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 11-02-2020 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
It is submitted by advocate Patil the Notice structure is demolished. On next corporation will file pursis on next date.
 Matter adjd to 02.04.2020   for NM reply/pursis by corporation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 09/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file pursis/NM Reply. Time is granted till next date.
Matter adjd to 17/04/2021 for NM Reply/Pursis by deft/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Adjd. To 25/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adv. Suresh Dubey  for applicant present and tendered V.P., t.o.r. and marked as Exh.2. He also tendered draft Chs. alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s., returnable on next date. Copy is served to the Defendants. Copy be served to the Plaintiff.
Matter is adjd to 25/01/2022 for CS service upon Plaintiff /CS and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Adv. Jitendra Gautam for plff present.
Adv. Rawade for defendant / MCGM present.
Adv. Bhavna Umredkar for applicant present and tendered original registered Ch/S. No.1906/2021 alongwith affidavit in support thereof, and affidavit of service, t.o.r.
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 01.03.2022 for CS and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Holamagi for Plaintiff present and filed reply to Ch/s. No.1906/21. Copy is served to other side.
Adv Mrs Rawade for defendant / MCGM present.
Adv. Umredkar for applicant present.
Matter is adjd to 05/04/2022 for filing reply to chamber summons by defendant/MCGM/Hearing on chamber summons and NM Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: As Court is busy in hearing in urgent ad-interim reliefs of CR NO.04 and CR NO.11 and dictating NM orders, afternoon board is discharged.
Adjd. To 07/06/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Anilkumar h/f Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and has given say on C/S No. 1906/2021 on overleaf.
Adv. Gharat for applicant present.
Adjd. to 21/06/2022 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Holamagi for plaintiff present and requested time to argue on C/S. Time is granted till next date.
Plaintiff is present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Suresh Dubey for applicant present.
Adjd. to 05/07/2022 for C/S hrg. as a last chance.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Holamagi for plaintiff present and tendered draft Ch/S along with affidavit in support thereof, TOR. Copy is supplied to Adv. For deft./MCGM and Adv. for applicant.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Suresh Dubey for applicant present.
K.B.
L.O.
Same appearance.
Adv. for applicant has given say on draft Ch/S overleaf.
Adjd. to 14/07/2022 for hrg. on both Ch/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Holamagi for plaintiff present and undertakes to file V/P and sought time to argue N/M on next date. N/M has been time bound by the Hon\''ble High Court. Hence, last chance granted to argue on N/M.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Suresh Dubey for applicant  in Ch/S No. 1906/2021 present.
Learned counsel for third party/applicant submitted that he has filed Ch/S impleading him as a deft. Hence, his Ch/S should be heard first. He submitted that injunction is running against the property in which development is going on. Third party is suffering due to ad-interim injunction. However, N/M has been filed seeking interim injunction against deft. corporation and not against third party/applicant. More ever N/M is time bound hence, prayer of the Adv. for third party is rejected.
Adjd. to 19/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and tendered pursis, TOR and marked as Exh. 3. Copy be supplied to other side.
Adv. Suresh Dubey for applicant present in Ch/S No. 1806/2021. Adv. for plaintiff tendered application for taking Vakalatnama (without no objection of previous advocate) on record. Said application is TOR and marked as Exh. 4. O - Allowed.
Vakalatnama filed by Adv. for plaintiff is TOR and marked as Exh.5.
Heard Adv. for plaintiff and Adv. for deft./MCGM on N/M No. 2375/2019.
Adjd. to 21/07/2022 for order on N/M No. 2375/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Bhavana Umredkar for applicant present.
F.R.S.R following order is passed on N/M No. 2375/2019-
O R D E R
1.     Notice of Motion No. 2375/2019 is partly allowed in terms of prayer clause(b).
2.     Costs in cause.
3.     Notice of Motion No. 2375/2019 is disposed of accordingly.
Adjd. to 11/08/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Plaintiff present, his advocate absent.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Bhavana Umrekar for applicant present.
K.B.
L.O.
Adv. Holamagi for plaintiff present and requested for adjournment. Time is granted till next date.
Rest of the same appearance.
Plaintiff is directed to register the draft Ch/S till next date.
Adjd. to 23/08/2022 for both Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Suresh Dubey for applicant present.
Heard Adv. for applicant and Adv. for deft./BMC on Ch/S No.1906/2021.
Adjd. to 29/08/2022 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: H.H.J. is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mr. Holmagi for plaintiff present
Adv. Mrs. Rawade for B.M.C. present
Adv. Ms. Bhavana Umrekar for applicant present
On request of adv. Mr. Holmagi adjourned for hearing on C/S. No. 1906/2021 by plaintiff and reply to C/S. No.1267/22 to 15/9/2022
Next Purpose: C/S  HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Plaintiff present. His advocate absent.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Suresh Dubey for applicant present.
K.B.
L.O. at 5.20 p.m.
Adv. Holamagi for plaintiff present and tendered original registered Chamber Summons No.1267/2022 along-with affidavit in support thereof. TOR .
Adv. Umredkar h.f. Adv. Suresh Dubey for applicant present.
Heard both sides on CS No. 1267/2022.
Adjd. to 17/09/2022 for order on CS No. 1267/2022 and for argument on CS No. 1906/2021 by plaintiff.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Bhavana Umredkar h/f Adv. Suresh Dubey for applicant present.
F.R.S.R. following order is passed on Ch/S No.1267/2022-
O R D E R
Ch/s No. 1267/2022 is rejected.
Adjd. to 06/10/2022 for hrg. on Ch/S No.1906/2021 by plaintiff.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Suresh Dubey for applicant present.
K.B.
L.O.
Adv. Holamagi for plaintiff submitted that he is not feeling well. Hence, time may be granted to argue Ch/S. Granted.
Adjd. to 20/10/2022 for hrg. on Ch/S No.1906/2021 by plaintiff.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Bhavana Umradkar for applicant present.
Due to paucity of time, matter is adjourned.
Adjd. to 01/12/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
None for applicant.
Adv. for plaintiff is on leave from 18/01/2023 to 23/01/2023 Hence, adjourned.
Adjd. to 07/02/2023 at 01.00 p.m. for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
None for applicant.
Adv. Holamagi for plaintiff is on leave from 07/02/2023 to 09/02/2023. Hence, matter is adjourned.
Adjd. to 02/03/2023 at 01.00 p.m. for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Mhatre for defendant/ BMC is present.
Adv. for applicant present.
Heard both sides on Ch/S.
Adjd. to 06/03/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adjd. to 10/04/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Holamagi for plaintiff present and submitted that there is some misunderstanding till next date if he not get order from High Court he will carry out amendment. O- Time granted till next date.
Plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adv. Mahamuni for applicant present.
Adjd. to 26.04.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Mr. Holamagi for plaintiff is present and submitted that plaintiff has challenged order passed in C/S and requested time to comply the order. Time granted.
Adv. Mr. Suryavanshi for defendant / BMC is present.
None for applicant.
Adjd. to 08.08.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Adv. Holamagi for plaintiff’s present and submitted that plaintiff has challenged order allowing Ch/s by filing WP.  he is not having registration and appeal number and further submitted that he will give number of WP on next date. Hence, matter adjourned
Adv Bhavana Umradkar h/f Dubey for Applicant present.
Advocate Mhatre for defendant/BMC present.
Adjd  to 12.09.2023  for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: None present for plaintiff.
Adv Bhavna Umradkar h/f Dubey for Applicant present.
Advocate Mhatre for defendant/BMC present.
keep back
L.O.
None present for plaintiff.
Adv. Umradkar for applicant present and submitted that ch/s bearing 1906/2021 for impleading applicant M/s Ami Housing Pvt.  Ltd. has been made absolute by order dated 06.03.2023 and since then matter adjourned repeatedly for carrying out amendment by plaintiff. However plaintiff has not carried out amendment. Perused the record and proceeding it appears that since last three dates matter is pending for compliance but plaintiff has not carried out amendment and complied the order and suit is kept for dismissal for want of compliance.
Adjd  to 19.10.2023    for Compliance/ Dismissal of suit.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
None present for parties. Hence matter adjourned for dismissal of want of compliance.
Adjd  to 21.10.2023    for  Dismissal of suit.
L.O.
Adv Suresh Dubey for Applicant present.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Advocate Mr. Holamagi for plaintiff present
Advocate Mhatre for defendant/BMC present
Adv. Mr. Holamagi for plaintiff submitted that the plaintiff has filed Writ Petition against the order allowing Chamber Summons No.1906/2021 but did not get the circulation.
Adv. Ms. Umredkar for applicant opposed for adjournment. However, considering pending Writ Petition challenging the order of Chamber Summons, matter is  adjourned.
Adjd to 28/11/2023 for compliance/dismissal of Suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Plaintiff present and his Adv is absent.
Plaintiff requested to keep back the matter till 1.00 pm. Hence kept back.
Adv. Suresh Dubey for Applicant present and submitted that ch/s is allowed in 06.03.2023 and plaintiff has not served WP.  However on request of plaintiff matter kept back till 1.00 p.m.
Advocate Mhatre for defendant/BMC present.
keep back
Later on 1.14 p.m.
Adv Holamagi for plaintiff present and submitted
Rest of the same appearance.
Adv Suresh Dubey for applicant submitted that plaintiff is not taking circulation and mere filing of Writ Petition is not sufficient. On other hand Adv for plaintiff submitted that he is not getting circulation. Adv. for applicant prayed for dismissal of suit for none compliance. However Writ Petition is pending and Adv for plaintiff till next date he will circulate the matter and otherwise will comply the Court order. Hence matter adjourned
Authenticated copy of roznama be provided to both the parties.
Adjd  to  11.01.2024  for compliance / Dismissal of suit.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adv Suresh Dubey for applicant present and submitted that since last order has been passed in the month of March and plaintiff has  not complied order and suit be dismissed for want of compliance. Hence none present for plaintiff and keep back for some time.
Later on 1.22 p.m.
None present for plaintiff
Adv Holamagi for plaintiff present and submitted that plaintiff has filed Writ Petition No. 278/2024 before Hon’ble Bombay High Court challenging the order passed in ch/s 1906/2021 and WP is posted on 16.01.2024. Hence requested to adjourned the suit after 16.01.2024. Hence matter adjourned on 18.01.2024.
Adjd to 18.01.2024 for Compliance /Dismissal of suit.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adv Suresh Dubey for applicant present and submitted that this is 9th date for compliance of the order passed in ch/s and plaintiff is not taking steps. Hence requested fro dismissal of suit for non compliance. None present for plaintiff. Hence matte adjourned and kept for dismissal of suit for non compliance of order.
Adjd  to 30.01.2024     for compliance /Dismissal of suit.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Plaintiff present and tendered application for filing additional evidence Advocate for plaintiff absent. Adv Umredkar for applicant present and tendered application for dismissal of suit marked as Exh.6 O-Other side to say. Advocate Mhatre for defendant/BMC present. Keep back Later on 2.00 p.m Adv Holamagi for plaintiff present and tendered application adjournment for marked as Exh.7 O-Other side to say Adv Umredkar for applicant present and has given say on Exh.7 overleaf. Order on Exh.7 Perused application and reply. Adv for plaintiff submitted that WP of plaintiff and AFO of defendant is posted before Honble Bombay High Court. Hence this matter adjourned till next date. Adjd to 08.02.2024 for say on Exh. 6 by plaintiff Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: Adv. Holmangi for plaintiff present and requested to keep matter back.
Advocate Jyoti Patil - Mhatre for defendant/BMC present.
Adv. Umradkar h/f Suresh for applicant present.
KB.
L. O. at 1.00 PM
Adv. Umradkar h/f Suresh for applicant present.
Plaintiff present and filed applicant Exh. 8 for adjournment. Copy served on advocate for applicant.
The advocate for applicant given say on Exh. 8.
Order below on Exh. 8
Matter adjourned till next date.
Adjd to 20/02/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Advocate Holamagi for plaintiff present and submitted that writ petition is posted on 29.02.2024.
Advocate Jyoti Mhatre- Patil  for defendant/BMC present.
Adv. Suresh Dubey for applicant present and submitted that matter be kept on 05.03.2024. Hence matter adjourned.
Adjd  to 05.03.2024    for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Plaintiff present and his Adv is absent.
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
None present for applicant
keep back
Later on
Adv. O. P. Yadav for applicant present.
Rest of the same appearance.
Adjd  to  26.03.2024 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Adv Suresh Dubey for applicant present and tendered pursis and copy of the order passed by Hon’ble Bombay High Court in WP 278/2024 dated 15.02.2024 Exh. 9 and Exh. 10 respectively.
   Adv Suresh Dubey for Applicant submitted that the plaintiff has challenged order in ch/s. He further submitted that in Hon’ble Bombay High Court in Para– 5 of the order dated 15.02.2024 observed that the impugned order has been correctly passed and no interference whatsoever is warranted. He further submitted that however the plaintiff is not complying the order and requested for dismissal of suit for want of compliance. It appears that the suit is of year 2019, since many dates it is pending for compliance. Therefore in view of the observation of Hon’ble Bombay High Court of the order passed in Writ Petition No. 278/2024, Para – 5, matter adjourned and kept for dismissal of suit for want of compliance.
Adjd  to 20.04.2024  for  dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Plaintiff present and tendered application for adjournment marked as Exh.11     O -other side to say
Advocate Mhatre for defendant/BMC present.
Adv. Suresh Dubey for applicant present.
Adv. for deft/BMC and Adv for applicant have given say on Exh. 11 overleaf.
Order on Exh. 11
1.  Plaintiff  filed application for adjournment and removal of matter from caption of dismissal as his adv is busy in Dindoshi Court.
2. Adv for Applicant submitted that the plaintiff  is not complying the order in chs. He further submitted Hon’ble Bombay High Court by order date 15.02.2024 observed that the order in ch/s has been correctly passed and no interference whatsoever is warranted but inspite of he plaintiff is not complying the order. Therefore he requested to dismiss the suit for non compliance and alternately  he prayed for heavy cost. However considering the reason mentioned in the application time granted till next date subject to cost of Rs. 1000/- credited to DLSA in this office.  On request of plaintiff matter kept on 24.04.2024 in morning session.
Adjd  to  24.04.2024  for  Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Plaintiff present and his Adv is absent.
Advocate Suryavanshi for defendant/BMC present.
keep back
Later on 12.10 p.m
Adv Holamagi for plaintiff present.
Adv. Suresh Dubey for Applicant present.
         Adv. Holamagi for plaintiff submitted that Honble Bombay High Court has made  some observations in the order dated 15.02.2024 but plaintiff has filed I.A. to recall  said observations. Adv Suresh Dubey for applicant submitted that in view of the observations of Honble Bombay High Court plaintiff either has to comply the order of the Court or to obtain the stay to the suit from Honble Bombay High Court. He further submitted that this is the seventeen date for compliance of the order of this Court. On this submission of Adv for applicant, Adv for plaintiff submitted that he will move the Honble Bombay High Court for stay to the present suit.
Authenticated copy of roznama be provided to both the parties.
Adjd  to  08.05.2024  for  Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Advocate Holamagi for plaintiff present and requested to keep the matter in evening.
Advocate Mhatre for defendant/BMC present.
Adv. Suresh Dubey for Applicant present.
keep back
Later on 4.47 p.m.
Plaintiff present.
Adv. Holamagi for plaintiff present and tendered application for adjournment marked as Exh. 12 and submitted that he has mentioned matter before Honble Bombay High Court and Writ Petition has been adjourned to 10.06.2024 due to paucity of time. Hence he could not pressed for stay. He further submitted that this matter was kept at 05.00 p. m but he is not feeling well and therefore leaving the Court. Hence matter kept back till 5.00 p.m for other side.
Keep back
Later on  4.51 p.m
Plaintiff present.  Adv Umradkar h/f Suresh Dubey for Applicant present and received copy of Exh. 12 and she has given say on Exh. 12 overleaf.
Order on Exh. 12
1. The plaintiff has filed this application for adjournment of matter to comply the order passed in ch/s. The Applicant strongly opposed application stating that ch/s has been made absolute on 06.03.2022 and plaintiff has challenged said order before Honble Bombay High Court and Honble Bombay High Court in order dated 15.02.2024 observed that impugned order has been correctly passed but plaintiff has not complying the order and there is no stay to the proceeding.
2. Adv for the plaintiff earlier submitted that WP was taken on todays Board but due to paucity of time, matter adjourned by Honble Bombay High Court. Therefore he could not pressed for stay. Therefore considering the submission made by Ld Adv for the plaintiff matter adjourned till next date. Hence I pass following order.
ORDER
Suit is adjourned till next date with condition that if plaintiff has not comply the order till next date, suit will be dismissed for want of compliance.
Adjd  to 13.06.2024  for Compliance/dismissal of suit.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Advocate Holamagi for plaintiff present and tendered application for adjournment marked as Exh.13 O – Other side to say
Advocate  Metakari  for defendant/BMC present.
Adv. Suresh Dubey Applicant present
Both Adv have given say on Exh. 13 overleaf.
Heard argument of both sides on Exh. 13
Adjd  to 18.06.2024  for  Order on Exh. 13
Next Purpose: ORDER
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: Plaintiff present and his Adv is absent.
Advocate Metakari  for defendant/BMC present.
Adv. Umradkar h/f Suresh Dubey  for Applicant present
keep back
Later on 1.05 p.m
Plaintiff and his Adv. Holamagi are present.
Adv Umradkar for Applicant present and tendered application for dismissal of suit marked as Exh. 14.
O- Other side to say.  Copy is served upon Adv for plaintiff and requested time to file reply to Exh. 14
     Adv for plaintiff submitted that WP No. 278/2024 has been posted tomorrow before Hon’ble Bombay High Court  and requested to adjourned the matter after that day. Adv for applicant opposed adjournment stating that structure has been demolished and nothing remained in the suit.  Therefore considering submission of both advocate matter adjourned till next date.
Adjd  to  25.06.2024  for Compliance and say by plaintiff on Exh. 14
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: At 11.15 a.m
Adv for plaintiff submitted that he has to go Honble Bombay High Court for urgent matter and submitted that Writ Petition has been listed on 28.06.2024. he further submitted that he will file application for adjournment and left the Court.
At. 12.15 p.m
None present for plaintiff
Advocate Metakari   for defendant/BMC present.
Adv. Suresh Dubey for Applicant present.
When called repeatedly at 12.15 p.m none present for plaintiff.
Adv for applicant submitted that on previous date Adv for plaintiff submitted that he will get circulation but he has not taken any steps for getting circulation of Writ Petition and also the plaintiff  has not given reply to Exh. 14. He further submitted that the plaintiff is not complying the order and there is observation of Honble Bombay High Court that no interference called for in the order passed in ch/s. Hence requested to dismiss the suit for want of compliance.
keep back for order
Later on 4.36 p.m
None present for plaintiff
Adv. Umradkar h/f Suresh Dubey for Applicant present
    When called none present for plaintiff and he has not filed reply to Exh. 14. In the morning session Adv for plaintiff submitted that he will file application for adjournment but neither plaintiff nor his Adv turn up.  Hence no say order passed against plaintiff on  Exh. 14.
    The plaintiff has not complied the order in ch/s and there is no stay to the proceeding. Adv for applicant submitted that order of Honble Bombay High Court datged 15.04.2024 clearly shows that the order of this Court is correct and legal and prayed for dismissal of suit for want of compliance. Hence matter kept for dismissal of suit for non-compliance of order in ch/s.
Adjd  to  29.06.2024   for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Plaintiff present and his Adv is absent.
Advocate  Waghmare – N Ward  for defendant/BMC present.
None present for Applicant.
Plaintiff tendered application alongwith leave note of Adv. Holamagi for adjournment marked as Exh. 15 O- Other side to say
Adv for deft/BMC  has given say  on Exh. 15 overleaf
keep back
Later on 1.15 p.m
Adv Umradkar h/f Suresh Dubey for applicant has given say on Exh. 15 overleaf
Order on Exh. 15 -  In view of leave note of Advocate of the plaintiff, matter adjourned till next date.
Adjd  to 09.07.2024 in morning session   for dismissal of suit/ Compliance.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: Plff. present and requested to keep back the matter hence kept back.
LO
At 1.15. p.m.  plff. and adv. Holamagi for plff. present and tendered application for adjournment. Marked as Exh.16 along with copy of Hon’ble High Court Order dated 11.06.2011 in interim application No.9106 of 2024 in Appeal From Order No.459/2023 marked as Exh.17. Copy is supplied to other side.
O- other side to say.
None for Defendant/BMC. On asking whether there is stay to the suit, Adv. for plff. submitted that there is status quo to the structure and submitted that he will take N.M. for stay to the suit in afternoon session.
Adv. Umradkar h/f. adv. Dubey for applicant present.
Matter is kept back till 4.30 p.m.
LO
At 5.00 p.m. Adv. Holamagi for plaintiff present and tendered adjournment application. Marked as Exh.18
Copy to supply other side.
O- other side to say.
Adv. for applicant submitted that matter be kept day after tomorrow for reply to Exh.18. Adv. for plaintiff submitted that in the High Court matter is on 23.07.2024 and submitted the matter after that date. Adv. for applicant strongly opposed longer date saying that each and every date plaintiff is prolonging the matter without complying order in Chamber Summons and submitted that short date may be given as last chance.
Adjd to 18.07.2024 for compliance as per Chamber Summons and necessary order.
Authenticate copy of roznama be given to the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2024

Date: 18-07-2024
Business: Plaintiff present and his Adv is absent.
Adv. Suresh Dubey for Applicant present and
Advocate Metakari for defendant/BMC present.
Plaintiff submitted that his adv is not feeling well and will remain present in afternoon session till 3.30 p.m
Later on 3.32 p.m
Adv. Holamagi for plaintiff present and tendered draft Notice of Motion @ affidavit in support.
O- Leave granted to register NM. Copy is supplied to other sides.
Adv. Suresh Dubey a/w Umradkar for applicant present.
Adjd  to 25.07.2024 for  reply on draft Notice of Motion by Applicant and  deft/BMC and  compliance as per order in ch/s.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: None present for plaintiff
Advocate Metakari  for defendant/BMC present.
None present for Applicant.
Keep back
Later on 2.46 pm.
Plaintiff present.
Adv. Suresh Dubey for Applicant present and requested time to file reply to NM. Time is granted.
Plaintiff to tender NM till next date.
Adjd  to 13.08.2024     for  reply to draft NM by Applicant and deft/BMC /compliance as per order in ch/s.
Later on 3.40 p.m
Adv. Holamagi for plaintiff tendered NM No. 2884/24. TOR
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Plaintiff present.
Advocate Holamagi for plaintiff present and tendered NM No. 2884/2024.  TOR
Advocate  Botlawar  for defendant/BMC present.
Adv  Bhavna Umradkar h/f Suresh Dubey for respondent No. 1 tendered reply to NM No. 2884/24. copy is supplied to adv for plaintiff and adv for deft/BMC.
Adv for deft/BMC requested time to file reply to NM No.  2884/2024. Time is granted.
Adv for plaintiff submitted that short date may be granted.
Hence matter adjourned
Adjd  to  20.08.2024 for  NM Reply by deft/BMC/ NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Plaintiff present
Advocate Holamagi for plaintiff present and tendered rejoinder in NM No. 2884/24. Copy is supplied to other side.
Advocate  Metakari  for defendant/BMC present.
Adv. Suresh Dubey for Respondent No. 1  present.
keep back
Later on 3.25 p.m
same appearance
Adjd  to 10.09.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Plaintiff present and submitted that his advocate busy in High Court. Hence requested time. O - Time granted.
Advocate   Metakari for defendant/BMC present.
Adv. Suresh Dubey for respondent no.1. present.
Adjd  to 17-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate  Holamagi for plaintiff present and requested time to argue NM. Hence matter adjourned.
Advocate  Nagarthwar   for defendant/BMC present.- N Ward
Adv Suresh Dubey for Respondent No. 1 present.
Adjd  to 24.10.2024    for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Holamagi for plaintiff present and requested to keep the matter, hence kept back
Advocate Swapnil Bharti  for defendant/BMC present.
Adv. Suresh Dubey for  Respondent No. 1 present.
keep back
Later on 4.11 p.m
Plaintiff and his Adv Patil a/w Holamagi are present.
Adv. Suresh Dubey for  Respondent No. 1 present and tendered list of document TOR marked as Exh.19  copy is supplied to plaintiff.  O- Other side to say.
Adv for respondent No. 1 requested for longer date as he is not available due to marriage of daughter. Hence matter adjourned.
Adjd  to 19.12.2024 for NM Hearing
Later on 4.25 p.m
Same appearance
With the consent of both the parties matter adjourned on 11.11.2024.
Adjd to 11.11.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate  Holamagi for plaintiff present.
None present for defendant/BMC – N Ward
Adv. Umradkar  for Respondent NO. 1 present.
keep back
Later on 4.05 p.m
Adv Patil a/w Holmagi for plaintiff present.
Adv. Suresh Dubey for Respondent No. 1 present
Heard argument of both sides in Notice of Motion
Adjd  to 21.11.2024   for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 21-11-2024

Date: 21-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Holamagi a/w Patil for plaintiff present and tendered application Exh. 20. Copy is supplied to adv for deft/BMC and adv for deft No. 3
Advocate Swapnil Bharti for defendant/BMC present.
Adv. Vaishali Kasbe h/f Suresh Dubey for  Respondent No. 1 present.
As Court is busy in other targeted matter No. 5035/2004, hence matter adjourned
Adjd  to  25.11.2024  for NM Order/ compliance as per order in ch/s.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Plaintiff and his adv. Mr.Holmangi present.
Advocate Mr.Gharat for repondent No.1 present.
Adv.Puri for BMC- N/Ward present.
FRSR Following order is passed.
ORDER
Notice of Motion No.2884/24 stands dismissed.
This matter is pending since long for compliance of ch/s No.1906/21.  But plaintiff has not complied said  order.  There is no stay to the said order.
Matter is now adjourned for compliance  of ch/s / Necessary order to 16.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Adv. Ms. Bhavna Umradkar h/f Adv. Suresh Dubey for the proposed defendant is present. This matter is pending since long for compliance of the Order dtd. 06.03.2023, in Ch/s. No.1906/21. Hence, the matter is posted for dismissal for want of Compliance of the Court Order.
Adjourned for dismissal to 15.02.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Holamagi for the plaintiff is present. He informed that the AFO is listed before Hon’ble Bombay High Court on 28.02.2025. He personally undertook to proceed with the matter on next date and sought time, as he was leaving for Dindoshi Court. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Bharti for defendant/MCGM is present. Adv. Ms. Bhavna Umradkar h/f Suresh Dubey for proposed defendant is present.
Adjourned for Dismissal to 15.04.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2025

Date: 15-04-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person. His Advocate is absent.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adv. Mr. Suresh Dubey for proposed defendant is present.
keep back
Later on at 1.05 pm
Adv. Mr. Holamagi for the plaintiff is present
None present for proposed defendant.
Rest appearance is as above.
Adv for plaintiff submitted he has filed WP before Hon’ble Bombay High Court it is pending. He will move accordingly.
He also submitted that he is willing to file application for appointment of Court Commissioner for local inspection of the suit premises.
Adjourned for taking steps to 07.10.2025
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Plaintiff is present and requested for adjournment.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv. Suresh Dubey for proposed defendant present.
Adjourned for compliance/dismissal to 11-11-2025
Next Purpose: DISMISSAL
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
The plaintiff is present in person. His Adv is absent.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv. Mr. Suresh Dubey for proposed defendant is present.
keep back
Later on at 11.55 pm
Advocate for plaintiff is not present.
Rest appearance is as above.
Keep back
Later on at 1.15 pm.
Adv.Mr. Holamagi for the plaintiff is present.
Adjourned for Compliance/dismissal to 20.01.2026
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
The plaintiff is present in person. His Adv is absent.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Later on 02.55 pm
Adv. Holamagi for the plaintiff is present.
Adv. Dubey for proposal defendant is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for Compliance/dismissal to 24-02-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adv Suresh Dubey for proposed defendant is present
	Plaintiff is absent with his Advocate when called repeatedly. It appears, plaintiff is not taking appropriate steps in order to proceed with the suit. On 06.03.2023, Ch/s No. 1906/2021 was allowed and directed to plaintiff to carry out amendment and file amended plaint. Since three years, he is prolonging the matter by or other pretext and not complied Courts Order, though sufficient opportunities have been granted. Even, suit was kept for dismissal since long. Even though, he did not takes steps with best reason known to him.
	Suit is old one, filed in the year of 2019. It would not be appropriate to keep the suit pending years together for the same stage. It shows, plaintiff is not keenly interested to proceed. Therefore, suit stands dismissed for want of prosecution and finally disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 24-02-2026

NOTICE OF MOTION/102884/2024
CHAMBER SUMMONS/101267/2022
CHAMBER SUMMONS/101906/2021
NOTICE OF MOTION/102375/2019

Registration Number: 101080/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103857/2019
Filing Date: 29-03-2019
First Hearing Date: 10th June 2019
Decision Date: 24th February 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE