Sanjay Tukaram SarmalkarVsMCGM

Date: 19-03-2018
Business: Perused documents. Prima facie it appears that in the year 1994, Revenue Department issued letter to pericardia in title in respect of CTS no. 122(part). In that letter direction were given to Priya Ashok Pandit to produce sanction plan and permission from Divisional office, Mumbai. Further it appears that the directions were given to produce necessary documents, in view of excess construction without permission. The Plaintiff prima facie has not filed any documents showing the compliance of letter dated 08-09-1994 filed at Ex.A to the Plaint. Further Agreement to Sale is not registered by and CTS No. is not mentioned in the agreement but area mentioned as 14ft. X 46ft. The Plaintiff has filed on record Government Notification at Ex.H to the Plaint.  It discloses CTS No.119, 122, 122/1 and No.125.  Further area shown for CTS No.122 is 22.4 Sq. Meters and CTS no. 122/1, area shown as 22.8 sq meters.  Prima facie nothing discloses that suit property area is within the area of notified sl
Next Purpose: REPLY
Next Hearing Date: 03-04-2018

Date: 03-04-2018
Business: As the court is busy in mediation matters. Hence, board is discharged.
Next Purpose: REPLY
Next Hearing Date: 24-04-2018

Date: 24-04-2018
Business: Advocate Mr. B. P. Shukla for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Original N/M no. 1183/18 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
The defendant has failed to file reply.
Matter adjd to 10.07.2018 reply to N/M or for passing no reply and w.st order.
Next Purpose: REPLY
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Adv B P Shukla for plaintiff present.
Adv Khandagale for def/BMC present.
Adjourned to 18.09.2018  for NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Advocate Mr. B. P. Shukla for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft. present and sought adjournment to file reply to Notice of Motion.  Granted as a last chance.
With consent, case is adjourned to 14/11/2018 for reply/hearing of Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 08/01/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2019

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 08/01/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: Court is busy in dictating order on Notice of Motions in suit nos.1707/13, 2602/17 and court has to hear argument of NM in suit no.362/17, hence case is adjourned to 28/03/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
The case is adjourned to 20.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
The case is adjourned to 27.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: As Court is busy in hearing ad-interim matter in suit no. 2474/19 and in hearing NM in suit no. 1118/19 and in hearing Chamber Summons in suit no. 820/10 and 2920/16 and in dictating orders in Chamber Summons and also in other matters on board. The case is adjourned.
The case is adjourned to 08.11.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Advocate A.B.Shukla h/f adv. B.P.Shukla for plaintiff present.
Advocate Giri for defendant/MCGM present.
The case is adjourned to 10.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Mr. B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 22.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Adv. Yadav for plaintiff.
Adv. Tondwalkar for deft./MCGM, prayed for adjd to file reply.
Matter is adjd.to 02.02.2021 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv. S.K. Saha for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 26.03.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None present for plaintiff.
Adv. Mhatre for defendant/MCGM present.
Matter is adjourned for NM hearing to 21.06.21.
                                                                        Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for Plaintiff.
NM 1183/18	Adv. Mr. Khandagale for Defendant/BMC present.
	Matter adj. to 19/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 16.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Mr. J.S. Yadav for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adjourned for NM reply to 27.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS order against the defendant.
Adjourned for no reply no WS Order to 26.08.2022.
Next Purpose: ORDER
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply) to 31.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. Sunita Dubey for the plaintiff is present.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
Adjourned for NM hearing (no reply) to 12.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy in passing Order in NM Nos. 2413/2022, 468/2014 and Ch/s No. 897/2015.
Adjourned for NM hearing (no reply) to 13.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present and requested time for NM hearing. The parties are called upon to file written submissions on NM.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for written submissions on NM (no reply) to 31.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: As the Court is on leave, matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to file written submission on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for written submission on NM (No reply) to 07.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: The PO in on leave in second session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for written submissions on NM by defendant (No reply) to 24.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 27.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time for argue NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 29.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant to 20.09.2024.
                                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing to 18.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present and sought time to file written submissions on NM. Time is granted.
Adjourned for written submissions on NM by defendant (No reply) to 30.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: Adv. Mr. Abhishekh Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
Adjourned for written submissions on NM by defendant (No WS) to 04.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Adv. Mr. Abhishekh Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested time to argue the NM. Time is granted lastly. Adv. Mr. Botlawar for defendant/MCGM is present.
Adjourned for NM hearing to 24.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. He is heard on NM.
Adjourned for NM Order to 14.02.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present. F.R.S.R. Following Order is passed in NM No. 1183/2018. ORDER i. Notice of Motion No. 1183/2018 stands dismissed. ii. Notice of Motion No. 1183/2018 is, accordingly, disposed of. Adv. Mr. J.S. Yadav for the plaintiff is present and filed application. Taken on record. It is marked as Exhibit 4. Order below Exhibit 4. Advocate for plaintiff  filed application Exhibit 4 for extension of ad-interim protection granted by the Honble High Court in AFO (ST.) No. 8941/2018 for period of four weeks, to enable the plaintiff to challenge Order dismissing NM before the Honble High Court. The BMC opposed application. Heard both the sides. Perused record and proceeding. As per Order dtd. 23.03.2018 Honble High Court pleased to grant portion to the suit structure till decision of the suit. The plaintiff intends to challenge Order refusing interim injunction. Hence, I pass following Order. 01.Interim protection to continue for period of 3 weeks from the date of uploading of NM Order in CIS.
Adjourned for WS to 21.04.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. Botlwar a/w Adv. V.G. Shinde for defendant/BMC is present and sought time to file WS. Time is granted strictly as last chance.
Adjourned for WS to 30.06.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: Not on board. Taken on board.
Writ received from Hon'ble High Court APPEAL FROM ORDER (ST) NO. 7422 OF 2025 WITH INTERIM APPLICATION (ST) NO. 7425 OF 2025 (Coram: GAURI GODSE, J.) on 11th MARCH 2025 the following order is passed:
2.To enable the learned counsel for the corporation to take
instructions, list the appeal on 23rd April 2025. To be listed High on
Board under the caption for “Admission”.
3. Ad-interim protection already granted by the City Civil Court
shall be continued till the next date.
Adjourned for WS to 30.06.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present and sought time to take to take steps for filing WS.
Adjourned for steps for WS to 03.09.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Not on board. Taken on board.
Writ received from Hon'ble High Court INTERIM APPLICATION STAMP NO. 7425 OF 2025 In Appeal from Order STAMP NO. 7422 OF 2025 (Coram:  GAURI GODSE, J.) on 23rd April, 2025 the following order is passed:
At the request of learned counsel for the Respondent as a Last
Chance, Stand Over to 23/06/2025 If any ad-interim / interim
relief is operating till today, the same shall continue to operate
till the next date. If ad-interim/ interim relief is granted not for a
limited period, the same shall remain unaffected.
Adjourned for steps to 03.09.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: court is on leave, hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: Not on board. Taken on board.
Writ received from Hon'ble High Court APPEAL FROM ORDER (Stamp) NO. 7422 OF 2025 WITH INTERIM APPLICATION (Stamp) NO. 7425 OF 2025 (Coram: Gauri Godse, J.) on 23.06.2025 the following order is passed:
Balance Daily Board cannot be taken up today on account of paucity of time. Stand Over to 10/09/2025. If any ad-interim / interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim / interim relief is granted not for a limited period, the same shall remain unaffected.
Adjourned for taking steps to 29.10.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and sought time to take steps as AO is pending before the Hon’ble High Court. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for steps to 05.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and filed pursis Taken on record. It is marked as Exhibit 5. O- Seen put up on record. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for steps by plaintiff to 27.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and seeks time to proceed with matter. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for steps by plaintiff to 01.04.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: Adv. Sunita Dubey for the plaintiff is present and submitted that A.O. is pending before Honble High court hence seeks time for taking steps by plaintiff
Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for taking steps to 10.06.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and submitted that A.O. is pending before Honble High court hence seeks time for taking steps by plaintiff Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for taking steps to 21.08.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: court is on leave, hence adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-11-2026

NOTICE OF MOTION/101183/2018

Filing Number: 104031/2018
Filing Date: 16-03-2018
First Hearing Date: 11th June 2018
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE