UNION OF INDIAVsBrihanmumbai Mahanagarpalika Assistant Engineer (Building and Factory) +1 more

Date: 30-03-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 01/07/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: As the  Court is busy in dictating order in Chamber Summons No.1430/2015 and Chamber Summons No. 769/2017(SU No.1853/2014). Therefore, board is discharged.
Adv. Smita Hartalkar for the plaintiff present and filed affidavit of service. t.o.r.
Matter is adjd. to 06/01/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: By precipe.
Adv Yash Pathade present for the defendant no.2
He filed VN for defendant no.2 TOR
He filed draft NM a/w affidavit in support TOR o- Leave is granted. Serve to other side.
Matter is adjd. to 06.01.2022
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Court is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Adv Smita Hartalkar for plaintiff present.
She filed reply to NM 3257/21 TOR
Adv Yash Patade for defendant no.2 present.
He filed register NM 3257/21 TOR
Adv.for defendant no.2 tendered draft NM a/w affidavit in support TOR O- leave is granted to register. Serve to other side.
Matter is adjd. to 11.03.2022
Next Purpose: DIRECTIONS
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plaintiff.
None present for defendant.
Representative Mr. Vangankar presnet for plaintiff and sought adjournment for filling reply.
Matter adjourned for reply on nm 3257/2021  and nm no. 590/22 to 23-03-22.
l.o. at 03.30 pm.
Adv. Yash patade present for def.no. 02 and he tendered original registered nm no. 590/2022 @ affidavit in support of. t.o.r..
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present  for plaintiff.
None present for defendant.
Mr. R. H. Gupta present for department of post.
As plaintiff and his adv. are absent, Matter adjourned for reply to nm to 13/06/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment for filling reply.
Matter adjourned for nm reply to 18/07/22.
l.o. at 03.09 pm.
Adv. Yash patale present for the defendant no. 02.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Representative of plaintiff Mr. Vilas Chaukhekar present for plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
None present for other defendant 02.
Matter adjourned for nm reply as a last chance to 04/08/22.
l.o. at 04.34 pm.
Adv. Yash Patade present for defendant no. 02.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None present for plaintiff.
Adv. Yash Patade present for defendant 02.
Adv. Meena dhuri present for the defendants/MCGM.
Heard arguments ld. adv. For defendant 02 on nm no. 3257/2021.
Matter adjourned for arguments of plaintiff if any/order on nm no. 3257/2021 to 10/08/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present for plaintiff.
Adv. Yash Patade present for defendant 02.
Adv. Chandramore present for defendant 02/MCGM.
Mr. G. M. chaugule P. R. Admin Dept. of post present for the plaintiff and submitted that plaintiff do not want to advance arguments on nm no. 3257/21.
As court is busy in hearing arguments on Nm and chs. Hence, Matter adjourned for order on nm no. 3257/21 to 22/08/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. absent for plaintiff.
Mr. R. H. Gupta representative of post present for the plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Suraj Naik present for defendant no. 02.
None present for other defendants.
F.R.S.R. following order is passed on Notice Of Motion No. 3257/2021
1) Notice of Motion No. 3257/2021 is  made absolute.
2) Written Statement of defendant no. 02 be taken on record if tendered by defendant no. 02 on or before next date.
3) Notice of Motion No. 3257/2021 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for reply to nm no. 590/2022 to 29/09/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Shyam horambe present for plaintiff and sought adjournment to file reply to nm no. 590/2022.
Adv. Suraj naik present for defendant 02 and tendered WS of defendant no. 02 t.o.r. marked as Exh 03.
copy served to the advocate for the plaintiff.
Mr. Rajesh Gawade/representative of plaintiff is also present.
Matter adjourned for reply to nm no. 590/22 to 01/11/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Shyam Horambe present for plaintiff and sought adjournment to file reply to nm 590/22.
Adv. Suraj Naik present for defendant 02.
Adv. Chandramore present for defendant 01/MCGM.
Matter adjourned for nm reply to 08/12/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Shyam horambe present for plaintiff and sought adjournment for filling reply to nm no. 590/22.
Adv. Chandramore present for defendant 01/MCGM.
None present for other defendant 02.
Matter adjourned for nm reply as a last chance to 03/01/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Shriram Rediz present for plaintiff and tendered affidavit in reply to nm. no. 590/2022 t.o.r..
copy served to the advocate for the defendant no. 02.
Adv. Mohini Thorat present for defendant no. 02.
None present for other defendant no. 01.
Matter adjourned for nm hearing to 03/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Adv. Shyam horambe present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 01/MCGM.
Adv. Mohini thorat present for defendant no. 02.
Representative of Plaintiff Mr. Rajesh Gawade present.
Matter adjourned for nm hearing to 28-02-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Shyam Horambe present for plaintiff and sought adjournment.
Adv. khadangale present for defendant/MCGM.
Adv. Mohini Thorat present for defendant no. 02.
Matter adjourned for nm hearing to 13/04/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv. Shyam horambe present for plaintiff and sought adjournment.
Adv. Mohini Thorat present for defendant no. 2 and tendered pursis t.o.r. marked as Exh 3.
Adv. Chandramore present for defendant no. 1/MCGM.
Matter adjourned for nm hearing to 15-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Adv. Smita Hatalkar present for plaintiff.
Adv. Suraj Naik present for defendant.
Adv. Chandramore for the defendant/BMC present.
On oral request of advocate for plaintiff.
Mr. Rajesh Gawade Representative of Post office, Parel Branch present.
Matter adjourned for NM Hearing to 04.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Mr. Rajan Sangale,Representative of plaintiff present.
Adv. Hatalkar h/f. Adv. Redij present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Aatmaram present for defendant No.2.
Matter adjourned for NM Hearing to 15.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Mr. Rajan Sangale,Representative of plaintiff present.
Adv. Chandramore present for defendant/BMC.
Adv. Shalaka Shinde present for defendant No.2.
Matter adjourned for NM Hearing to 01.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Adv. Shriram Redji present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Suraj Naik present for defendant No.2.
Mr. Chougule, PRIP from Union of India present.
Matter adjourned for NM Hearing to 10.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Adv. Smita Hartalkar h/f Shriram Redji present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Aditya Patil h/f Suraj Naik present for defendant No.2.
On the request of Adv for defendant No.2, matter is adjd.
Matter adjourned for NM Hearing to 01.03.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Shriram Redji present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Suraj Naik present for defendant No.2. He prays for an adjournment. Adjournment is granted as last chance.
Matter adjourned for NM Hearing to 05.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Adv. Shyam Holambe h/f. Adv. Shriram Redji present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Rohit Rao present for defendant No.2.
Matter adjourned for NM Hearing to 04.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Adv. Shriram Redji present for plaintiff.
Adv. V. G. Shinde present for defendant/BMC.
Adv. Aliya Shirodkar present for defendant No.2.
Mr. Rajesh Gawde, PRI, (P) Postal Department present.
Order on Notice of Motion No.590/2022
       Perused notice of motion, affidavit in support thereof and affidavit in reply filed by plaintiff.  Heard argument of both sides.
            Defendant No.2 seeks rejection of plaint on two grounds a) there is no cause of action and b) suit is barred by limitation. I have perused plaint. There is controversy about status of plaintiff. Plaintiff claims to be tenant and defendant submitted that tenancy has already expired in 1974 by efflux of time. The building was demolished in 2019. The plaintiff claims alternate accommodation till completion of redevelopment. Plaintiff also claims injunction restraining defendants from processing proposal without considering rights of the plaintiff like transit rent etc. So far as question of tenancy is concerned. It can be gone in to by Small Cause Court. However, right of the plaintiff during and after redevelopment of the alleged tenanted premises will have to be decided by this Court only. Suit is with cause of action. There is no substance in the contention of defendant No.2 that suit is without cause of action.
         So far as second contention of defendant No.2 is concerned, this issue cannot be gone into at this stage. Contentions in plaint do not primafacie disclosed that suit is barred by limitation. Thus limitation being a mixed question of law and facts can be decided at later stage on merits. With these observations I pass following order
ORDER
1. Notice of Motion No.590/2022 is rejected.
2.  Notice of Motion No.590/2022 stands disposed of.
Matter adjourned for Issues to 26.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Adv. Shriram Redji present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Matter adjourned for Issues to 23.10.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Smita Hartalkar h/f. Adv. Shriram Redji present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Mr. Rajesh Prakash Gawde, PRI (P) present from Post Office.
Matter adjourned for Issues to 06.01.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: P. O. is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Adv. Smita Hartalkar h/f. Adv. Shriram Redji present for plaintiff.
Adv. Janhavi Ware i/b. Adv. Atmaram Patade for defendant No.2 present.
Both sides have not filed draft issues.
Ld. Adv. for plaintiff as well as defendant No.2 seeks time to file draft issues.
Time granted.
Matter adjourned for draft issues to 16.06.2025.
Later on at 11.17 a.m.
Adv. Apurva Dalal for defendant/BMC present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: None present for plaintiff.
Adv. Suraj Naik/b. Adv. Atmaram Patade for defendant No.2 present and seek time.  Time granted.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for draft issues to 25.07.2025.
Judge
Later on at 12.00 p.m.
Adv. Smita Hartalkar h/f. Adv. Redij for plaintiff present.
Matter is already adjourned for draft issues to 25.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Adv. Yogini Kajari h/f. Adv. Redij for plaintiff present.
Adv. Kunal Naik for defendant No.2 present
Adv. Apurva Dalal for defendant/BMC present.
Mr. Rajesh Gawade, PIR, Parel Post Office present.
Heard advocate for plaintiff and defendant No.2 on the point of framing issues.
Issues are framed at Exh.4.
Matter adjourned for recording evidence to 06.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Adv. Shriram Redij for plaintiff present and seek time. Time granted.
Adv. Akshay Adhivarekar h/f. Adv. Atmaram Patade for defendant No.2 present
Adv. Apurva Dalal for defendant/BMC present.
Mr. Rajesh Prakash Gawde, PRI (P) present.
Matter adjourned for recording evidence to 09.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: Adv. Yogini Kajari I/b Shriram Redij for plaintiff present and seek time. Time granted.
Adv. Aslam Tadvi for defendant No.1/BMC present.
Mr. Rajesh Prakash Gawde, PRI (P), Department of Post present.
Matter adjourned for recording evidence to 10.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: Adv. Yogini Kajari I/b Shriram Redij for plaintiff present and seek time to lead evidence. Time granted.
None present for defendants.
Matter adjourned for recording evidence to 06.04.2026.
   Judge
Later on at 11.40 a.m.
Mr. Rajesh Gawade, Post Office present.
Adv. Shraddha Patil h/f. ADv. Aatmaram Patade for defendant No.2 present.
Matter is already adjourned for recording evidence to 06.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: PO is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: Adv. Yogini Kajari I/b Shriram Redij for plaintiff present and sought time.
Adv. Rahul Rathod h/f. Adv. Aslam Tadvi for defendant/BMC present.
No evidence adduced since last several dates. Keep for dismissal for want of prosecution.
Matter adjourned for dismissal to 28.07.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: Court is on leave.  Hence, matter adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 28-09-2026

Date: 28-09-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
Adv. Shriram Redij for plaintiff present.
Adv. Aslam Tadvi for defendant/BMC present.
Matter adjourned for dismissal to 26.10.2026.
      Judge
Next Purpose: DISMISSAL
Next Hearing Date: 26-10-2026

NOTICE OF MOTION/103257/2021
NOTICE OF MOTION/100590/2022

Registration Number: 100213/2021
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100213/2021
Transfer Date: 10-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 104181/2020
Filing Date: 11-08-2020
First Hearing Date: 30th March 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE