Smt. Salma Shamim Ahmed KhanVsMCGM +2 more

Date: 17-02-2021
Business: As court is on leave today, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagale for deft no.1 and 2/MCGM present.
Adv. R. B. Singh for deft no.3 present.
Exh.1 - Plaint
Exh.2 - VP of plaintiff advocate
Exh.3 - Memorandum of address.
Exh.4 - List of documents
Exh.5 - VP tendered by deft no.3. TOR.
Adv. for deft no.3 submitted that he has not received copy of writ of summons along-with copy of plaint.
Hence Plaintiff is directed to serve the writ of summons upon defts.
Plaintiff is also directed to register the NM till next date.
Matter adjd to 23/04/2021 for Service of Writ of summons/NM Hearing.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM present.
None for defendant no.3.
K.B.
L.O.  at 3.15 p.m.
Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv Puranik for defendant nos.1 and 2 / MCGM present.
None for defendant no.3.
Plaintiff is directed to register the NM till next date.
Adjd. To 22/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
Adv Rajeev Singh for defendant no.3 present and tendered application for directing plaintiff to serve the copy of plaint on defendant no.3. Said application is TOR and marked as Exh.6.
O- Plaintiff is directed to serve the copy of plaint on defendant no.3 till next date.
K.B. till 2.45 p.m.
L.O. at 3.15 p.m.
Adv Pal h/f Adv Pratap Singh for the plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Plaintiff is directed to serve the copy of plaint on defendant no.3 till next date.
Adjd. To 20/10/2021 for compliance / NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Advocate Pratap Singh for plaintiff is present.
Advocate Tondvalkar with advocate Puranik for deft. nos. 1 and 2 /MCGM is present.
Advocate Rajiv Sing for defendant no. 3 is present and seek time to file reply on NM. Time is granted.
Adjourned for NM reply to 26.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv. Pal h.f. Adv. Pratap Singh for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No.1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
None for defendant NO.3.
Adv. V.T. Dubey for applicant present and tendered draft Ch/s. alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s., returnable on next date. Copy of Ch/s. is served  upon Defendant Nos.1 and 2/MCGM and be served upon Defendant No.3.
Matter is adjd to 13/12/2021 for service of CS upon Defendant No.3/ NM and CS reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present.
Adv Puranik with Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
Adv N.K. Dubey for applicant present.
K.B.
L.O. at 5.35 p.m.
Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
Adv V.T. Dubey  for applicant present and tendered original registered Ch/s No.1781/2021 along with affidavit in support thereof. TOR.
On oral request of advocate of defendant / MCGM to file reply to Ch/s, matter is adjourned till next date.
Adjd. To 05/01/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Viraj Singh h/f Adv Pratap Singh for plaintiff present.
Adv Puranik with Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant  no.3.
Adv V.T. Dubey for defendant no.4 present.
Mr Mohammed Khan, Son of applicant present. Applicant and his advocate is absent.
Adjd. To 04/02/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 21/02/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM is present.
None for defendant no.3.
Adv N.K. Dubey for defendant no.4 present.
Adjd. To 04/05/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.179/2010 and 181/2010, board is discharged.
Adjd. To 08/06/2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1 and 2/ MCGM is present.
None for deft. No. 3.
None for applicant.
Adjd. to 04/07/2022 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: H.H.J. is on leave today.
Next Purpose: C/S REPLY
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: None for plaintiff and D/3.
Plaintiff not file reply to CS and today none present for plaintiff . D/3 also not filed reply to CS. Hence, CS to proceed without reply of plaintiff and D/3.
Adv Mrs Tondwalkar for defendant / MCGM is present and filed reply to CS. T.O.R.
Adv. Rashid Ansari for applicant is present.
Adjd. to  03/10/2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for applicant.
Adjd. to 19/10/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present and requested time to argue on Ch/S. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for deft. No.3.
None for applicant.
Adjd. to 26/11/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: As per office order 229/2022 dated 31/10/2022, declared holiday on 26/11/2022. Hence, matter is taken on today\''s board and adjourned till next date.
Adjd. to 10/12/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
None for defendant Nos.1 and 2/ BMC.
None for deft. No.3.
None for applicant.
Adjd. to 25/01/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Court is busy in hearing urgent ad-interim matters. Hence, matter is adjourned.
Adjd. to 06/03/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: As Court is busy in urgent N/M hearing and dictating orders in Ch/S, board is discharged.
Adjd. to 12/04/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present.
None for Defendant no.3.
Adv. N.K. Dubey for applicant present and requested for time to argue on C/S.. Time is granted till next date.
Adjd. to 09.08.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: None present for plaintiff
Counsel Adv. Puranik a/w Advocate Mhatre h/f  Suryavanshi  for defendant/BMC present.
Today ch/s is kept for hearng but none present for applicant. No application for adjournment. Hence matter is adjourned for dismissal of ch/s.
Adjd to 19.08.2023   for dismissal of Ch/s.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff.
Counsel Adv. Puranik a/w Advocate Mhatre for defendant No.1 and 2/BMC present.
None present for def No. 3
The suit is of year 2021 and ch/s No.1781/21 is pending for hearing. Since last two dates none appeared for plaintiff. Matter adjourned and kept for dismissal of ch/s but inspite of that none appeared for the plaintiff and argue ch/s.  This shows that plaintiff is not interested to proceed with the Ch/s No. 1781/21.  Hence I have no option to dismiss Ch/s for want of prosecution. Therefore following order is passed.
ORDER
1. Ch/s No. 1781/21 is dismissed for want of prosecution
Plaintiff is directed to register NM till next date
Adjd to 20.09.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: Adv. Mr. Viraj Singh h/f. Mr. P. F. Singh for plaintiff present and seeks time to argue-Granted
Adv. Mrs. Mhatre for D-1 and 2/B.M.C. present
None for D/3
Adjd. to 27/10/2023 for N/M. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: NOB TOB- By praecipe
Plaintiff and his Advocate Viraj Singh h/f Pratap Singh are present and tendered application for unconditional withdrawal of suit marked as Exh. 7, copy of Aadhar Card marked as Exh. 8 and copy of Pan card marked as Exh. 9 Order on Exh. 7-Other side to say.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and has given say on Exh. 7 overleaf.
Order – Plaintiff is present. She is identified by Adv. V. P. Singh. The plaintiff admits her signature and contents of pursis. Hence Pursis TOR and put for order on date fixed.
Already Adjd  to  27.10.2023   for Say on Exh. 7 by defendant No. 3 and order on Exh. 7/ NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: None present for plaintiff
Def No. 3 present and his Adv is absent.
Counsel Adv. Puranik a/w Advocate Suryavanshi  for defendant/BMC present.
keep back
L.O.
Same appearance
Adv Pratap Singh for plaintiff present.
Adjd  to 31.10.2023    for Order on Exh. 7
Next Purpose: ORDER
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: None present for plaintiff.
None present for Deft No.3
Counsel Puranik a/w Advocate Mhatre for defendant No. 1 and 2/BMC present.
keep back
later on 5.15 p.m.
Adv Pratap Singh for plaintiff present.
Counsel Puranik a/w Advocate Mhatre for defendant No. 1 and 2/BMC present
Deft No. 3 and his Adv Vijayrani are present.
Order below Exh. 1
1.  Adv.  for def No. 3 filed Vakalatnama marked as Exh. 10  and given no objection for unconditional withdrawal but stated that plaintiff repeatedly filing suit hence cost be imposed.
2.   On previous date ie on 25.10.2023 plaintiff filed withdrawal pursis below Exh. 7. she admitted her signature and contents. The pursis was verified on 25.10.2023 and matter was kept for order. Deft /BMC have given no objection for unconditional withdrawal. Hence, I pass following order.
ORDER
1.  Suit is disposed of as withdrawn.
2. In view of disposal of Suit, unregistered NM is disposed off.
3. Office is directed to register Notice of Motion for statistical purpose.
Nature Of Disposal: WITHDRAWL
Disposal Date: 31-10-2023

NOTICE OF MOTION/104411/2023
CHAMBER SUMMONS/101781/2021

Registration Number: 100520/2021
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104018/2020
Filing Date: 27-07-2020
First Hearing Date: 17th February 2021
Decision Date: 31st October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE