Date: 17-03-2018
Business: Adv. Sapna Rachure for appellant present.
Exh.2Appellant files affidavit of service. Service is not proper.
Exh.3Stay application.
Adjd. to 20/03/2018 at 2.45 p.m. for service affidavit/appearance.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2018
Date: 20-03-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. A.V. Divate for respondent present.
Exh.4Appellant files affidavit of service.
Ld. Counsel for respondent objects the stay.
Ld. Counsel for respondent seeks time to file R and P.
In the meantime, the execution of impugned order be stayed till next date.
Adjd. to 27/04/2018 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 27-04-2018
Date: 27-04-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. Santosh Mali h/f Adv. Divate for respondent present.
Respondent files R and P. Copy served on other side.
Adjd. to 28/06/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. A.V. Divate for respondent present.
By way of last opportunity, adjd. to 20/08/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Adv. Rahul Raut for appellant present.
Adv. A.V. Divate for respondent present.
Ld. Counsel for appellant submits that the Advocate on record is in personal difficulty.
Adjd. to 29/09/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 29-09-2018
Date: 29-09-2018
Business: Adv. Ms. Sapna Rachure for the appellant is present.
Adv. Mr. Diwate for respondent/BMC is present.
Adv. Ms. Manisha Shelar for respondent/BMC in Misc. Appeal no.82/2018 is present.
Appellant seeks time to file application for leading additional evidence.
Matter is adjourned to 22/10/2018 for filing application by appellant.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. Manisha Salekar with Adv. A.V. Diwate for respondent present.
It is submitted that appellant is expired.
Ld. Counsel for appellant to take steps.
Adjd. to 28/11/2018 for steps.
Earlier order to continue till next date.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. Manisha Salekar with Adv. Tanu Khatri with Adv. A.V. Diwate for respondent present.
At the request of Ld. Counsel for appellant, adjd. to 20/12/2018 for steps.
Earlier order to continue till next date.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv. Kabir Rachure for appellant present.
Adv. Manisha Salekar with Adv. Tanu Khatri and Adv. A.V. Diwate for respondent present.
Adjd. to 06/02/2019 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. Kabir Rachure for appellant present.
Adv. A.V. Diwate for respondent present.
Last opportunity is granted to appellant for steps.
Adjd. to 22/03/2019 for steps.
Earlier order to continue till next date.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv. Ms. Kalyani Wagale hf Adv. Rachure for Appellant present and seeks adjournment.
Adv. Diwate for Respondent/BMC present.
On request of Adv. for Appellant as a last chance, matter is adj. to. 16.04.2019 for Hearing.
As a last chance the earlier order is continued.
Next Purpose: HEARING
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Adv. Mr. Kabir Ratude for Appellant present.
Adv. Mr. Divate for Respondent/BMC present.
Earlier order if any to continue till the next date.
By consent matter adj. to 14/08/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Adv. Ms. Sapna Rachure for Appellant present.
Adv. Mr. Divate alongwith Adv. Ms. Tanu Khatri alongwith Mr. Salekar for Respondent/BMC present.
Earlier order, if any, to continue till the next date.
By consent matter adj. to 14/10/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Kabir Rachure for appellant present.
Adv. A. V. Divte a/w Adv. Tanu and Adv. Manisha Salekar for respondent/MCGM present.
On oral request of advocate for appellant adjourned for final hearing to 22/11/2019.
Earlier order if any to continue to till next date.
Next Purpose: HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Kabir Rachuare for appellant/ applicants present.
Adv. Diwte for respondent/MCGM present.
Advocate for appellant/applicants tendered draft Ch/s for amendment alongwith affidavit in support and VP and prayed for leave. Leave as prayed is granted.
Adjd for Ch/s Reply to 22.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Kabir Rachure i/b Adv. Sapna Rachure for appellant is present.
Adv. Tanu a/w Adv. Manisha Salekar and Adv. A. V. Diwate for respondent/BMC present.
Advocate for appellant tendered registered Chamber Summons No.45/2020. TOR.
Advocate for appellant is directed to supply copy of registered Ch/s to defendant.
Adjourned to 30.01.2020 for Reply to Ch/s.
Earlier order, if any, to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Kabit Rachure i/b Adv. Sapana Rachure for appellant is present.
Adv. A. V. Diwate for respondents/BMC is present.
Advocate for appellant orally seeks time to serve Chamber Summons to respondent.
O - On oral request of advocate for appellant time is granted.
Adjourned to 11.02.2020 for Service and Reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv. Kabir Rachure i/b Adv. Sapna Rachure for appellant is present.
Adv. A. V. Diwate for respondent/BMC is absent.
Mr. Arun Laxman Naik, Estate Inspector-P/N Ward, BMC is present.
Representative of respondent seeks time to file reply.
At the request of respondent, adjourned to 15.02.2020 for Reply on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Sapna Rachure for appellant is present.
Adv. A. V. Diwate for respondent is present and recorded reply on Chamber Summons itself.
Heard both the sides on Chamber Summons.
Adjourned to 17.02.2020 for Order on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Sapna Rachure for appellant is present.
Adv. A. V. Diwate for respondent is present.
F.R.S.R. Following order is passed on Chamber Summons.
ORDER
1) Chamber Summons No.45/2020 is allowed in terms of prayers clause (a) to (d).
2) The applicant to carry out necessary amendment in the appeal memo within two weeks.
Adjourned to 12.03.2020 for Compliance and Final Hearing
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: By Precipe matter is taken on todays board.
Adv. Kabir Rachure for appellant is present and filed application for extension of time to carry out amendment in memo of appeal as per order dt.17.02.2020 in Chamber Summons No.45/2020. TOR and marked as Exh.5.
O - Time is granted till next date.
Copy of amended plaint be served to respondent before next date.
Already adjourned to 12.03.2020 for Compliance and final Hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Kabir Rachure I/b Adv. Sapna Rachure for appellant is present.
Adv. Tanu Khatri a/w Adv. Manisha Salekar and Adv. A. V. Diwate for respondent present.
Advocate for appellant again seeks time to carry out amendment as per order in chamber summons and for compliance.
Time is granted to carry out amendment till Saturday i.e. 14.03.2020 as a last chance.
Adjourned to 07.04.2020 for Compliance and Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 02.11.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: None present for appellant.
Adv. A.V. Diwte for respondents/MCGM present.
Adjourned to 04.12.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. Kabir Rachure h/f Adv. Sapana Rachure for appellant present.
Adv. Vidya Vyavahare for respondents/BMC present.
By consent, adjourned to 21.12.2020 for Compliance.
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Kabir Rachure h/f Adv. Sapana Rachure for appellant is present.
Adv. A. V. Diwate for respondent is present.
Ld. counsel for respondent submits that he has received amended appeal memo, hence matter is adjourned to 22.01.2021 for Hearing.
Interim order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. v. Diwate for respondent/BMC present.
Since nobody appears for appellant, by way of last opportunity, matter adjourned to 24.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Sapana Rachure a/w Adv. Kabir Rachure for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Tanu Bhatiya for respondent/BMC present.
Appellant seeks leave to file compilation of documents on record during the course of the day. Leave granted.
Advocate for appellant files list alongwith compilation of documents. List is taken on record and marked as Exh.6.
Adjourned to 19.03.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Kabir Rachure for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Kanu Khatri for respondent/BMC present.
As court is busy in hearing final arguments in suit No.7464/83 which is three decades old, hence matter adjourned to 09.04.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Anish Karande a/w Adv. Kabir Rachure i/b Adv. Sapna Rachure for appellant present.
Adv. A. V. Diwate for respondent/BMC is present.
At the request of advocate for appellant, matter adjourned to 03.05.2021 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: None present for appellant.
None present for respondent.
Due to Covid-19, matter adjourned to 21.06.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: None present for appellant.
Adv. Mrs. R. M. Hazare for respondent/BMC is present.
Adjourned to 06.07.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Adv. Mr. Anish Karande a/w Adv. Mr. Kabir Rachure for appellant present.
Ld. Counsel Mr. Dharmesh Vyas a/w Adv. Mrs. R.M.Hazare for respondent/BMC is present.
Earlier order to continue till next date.
Due to COVID-19, adjourned to 24.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Ld. counsel Mr. Anis Karande a/w Adv. Sapana Rachure for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC present.
Mr. Kiran J. Patil, Senior Estate Officer D-Ward is present.
Ld. counsel for appellant partly argued the appeals and seeks time to furnish a chart containing details of all the 20 matters.
Adjourned to 15.09.2021 for Further Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Ld. counsel Mr. Anish S. Karande i/b Adv. Sapana Rachure for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC present.
At the request of advocate for appellant, by way of last opportunity matter is adjourned to 20.09.2021 for Further Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Ld. counsel Mr. Anish S. Karande i/b Adv. Sapana Rachure for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present.
Mr. Rajaram Kashte, Senior Estate Inspector for respondent/BMC is present.
Appellant files charts containing particulars of all appeals. TOR and marked as Exh.7 Colly. It is kept in Misc Appeal No.82/18.
Appellant filed their brief written submissions in Misc Appeal No.87/18 and other connected misc appeals. TOR and marked as Exh.8. It is kept in Misc Appeal No.82/18.
Heard final arguments of both sides.
Adjourned for to 21.09.2021 for Tendering Judgments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Ld. counsel Mr. Anish Karande i/b Adv. Sapna Rachure for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present and files common compilation of judgments alongwith list. List is taken on record and marked as Exh.9. It is kept in Misc Appeal No.82/18.
Ld. counsel for respondent seeks time to file brief written submissions.
Adjourned to 27.09.2021 for Written Submissions of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Ld. counsel Mr. Anish Karande i/b Adv. Sapna Rachure for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present and files common written submissions. TOR and marked as Exh.10. It is kept in Misc Appeal No.82/18.
Ld. counsel for appellant seeks time to short rejoinder written submissions.
Adjourned to 29.09.2021 for Written Submissions.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Kabir Rachure i/b Adv. Sapana Rachure for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC present.
Advocate for appellant files their common brief rejoinder submissions. TOR and marked as Exh.11. It is kept in Misc. Appeal No.82/18.
Adjourned to 13.10.2021 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Kabir Rachure i/b Adv. Sapana Rachure for appellant present.
Adv. Ruhi Hajare for respondent/BMC is present.
Mrs. Pratibha Sankhe, Estate Officer of P to R-Ward a/w Mr. Rajendra Pakhare, Estate Inspector and Mr. Arun Naik, Estate Inspector for respondent/BMC present.
Judgment is pronounced in open court.
Exh.7 - Judgment.
F.R.S.R. Following order is passed.
ORDER
Misc Appeal No.93 of 2018 stands dismissed.
R and P be returned back to the respondent.
Advocate for appellant files application for continuation of interim order. TOR and marked as Exh.8.
Ld. counsel for the appellant seeks continuation of interim relief for enabling appellant to approach the Honble High Court. It is to be noted that the contentions in respect of the premises first raised before the Honble High Court, they were negated and SLP there against was dismissed and thereafter as per directions of the Honble High Court proceedings for of evictions were initiated under Section 105-B of MMC Act. Order of eviction was passed and this court has held that the appeal is without any merit. Thus, there is no good ground for continuation of interim relief.
However considering the pandemic and ensuing festivals the respondents are directed not to evict appellant for a period of two months from today on the appellant filing an undertaking before this court that they would peacefully vacate the premises by the end of two months. This undertaking shall be filed before this court within one week and will be condition precedent for protection of two months.
Nature Of Disposal: DISMISSED
Disposal Date: 13-10-2021