Hemant Amarchand ChhadvaVsMCGM

Date: 04-04-2019
Business: Adv. Mr. Mohit Jadhav for Plff present and tendered original registered N/M No.1433/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft present and tendered compilation of documents. Copy is served to otherside.
Order on ad-interim relief on N/M No.1433/19
Perused contents of N/M, plaint, documents annexed thereto, documents filed by Deft and heard arguments advanced by both sides.
According to Ld. Adv. for Plff, the Deft/MCGM is acting by issuing notice u/s.314 of MMC Act at behest of developer to evict the Plff from the suit premises.  He has also pointed out that the Plff and developer have approached Hon\''ble High Court in arbitration proceeding No.92/18 and in that proceeding the developer is restrained from taking any action against the suit premises on CTS No.458. Ld. Adv. for Plff has tried to show that on one side the impugned notice is issued for road widening and on otherside the Deft/MCGM is assisting the developer illegally by relying upon documents submitted by latter.  Ld. Adv. for Plff also submits that the action of Deft/MCGM is clearly interference in administration of justice as arbitration proceeding is pending and protection is granted to the suit premises in the said proceeding.
I have considered documents filed by both sides. This is not the first proceeding instituted by the Plff.  He had earlier filed L.C. Suit No.1772/16. In that suit the Plff had prayed for temporary injunction directing metro developers from disturbing his possession over area admeasuring 152 sq.ft. in CTS No.458. Ad-interim relief was refused. N/M No.3004/16 was also rejected by order dt.27/7/2018.  The Plff again filed L.C. Suit No.2939/16.  Thereafter the Deft/MCGM issued impugned notice dated 7/2/2018 u/s.314 of MMC Act.  Ld. Adv. for Deft/ MCGM submits that the Plff wants two alternative accommodations, one from developer and other from Deft/MCGM and therefore he is filing multiple suits and proceedings.
In the plaint it is alleged that total area of shop No.5 is 401.29 sq.ft. However, the Plff has not produced any document to show such area of the shop. None of the documents produced by him depict such area.  It is apparent that after the suit was filed by the Plff in the year 2016, the Deft/MCGM issued notice u/s.314 of MMC Act, seeking reply of the Plff. The Plff filed his reply on 14/2/2018 and thereafter an order is passed on 18/3/2019. From this, it reveals that the Deft/MCGM has followed due process of law. The notice is issued for road widening project which is public project.
Ld. Adv. for Plff has also submitted assessment extract of the shop showing total area of the shop 22.3 sq.mtr.  It means total area of the shop is 288 sq. ft.  However, the same also contradicts with Plff\''s claim that total area of the shop is 401.29 sq.ft. Therefore from the totality of circumstances Plff has prima-facie failed to prove his possession over 401.29 sq.ft. area.  I do not find any illegality in the order dt.18/3/2019.  Hence, ad-interim relief is rejected.
Authenticated copy be given to the both parties.
Adjd to 28/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. Chourasiya for plaintiff present.
Adv. Ms. Patil h/f Adv. Khandagle for MCGM/Defendant present.
Time extended for service of writ of summons till next date.
On oral request of ld adv for def., adjournment granted.
Adjd to 26.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020

Date: 03-02-2020

Date: 16-03-2020

Date: 24-06-2020

Date: 02-11-2020
Business: Adjourned due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.1433/19. Time is granted till next date.
Matter adjd to 31/03/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Matter adjd to 23/06/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 22/10/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 20/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Sherekar for Plaintiff present and filed V/P., t.o.r. and marked as Exh.2.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 09/03/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022

Date: 09-03-2022

Date: 22-04-2022

Date: 25-07-2022

Date: 07-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 19/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Sherekar h/f Adv. Megha Shigavan for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Matter is referred for National Lok-Adalat will be held on 12/11/2022.
Issue notice to plaintiff to remain present before the National Lok-Adalat on 12/11/2022 at 10.30 a.m.
Adjd. to 12/11/2022 for Lok-Adalat.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: ATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.04
Plaintiff absent.
Adv. M. R. Sherkar for plaintiff present
Adv. Rawade for defendant/BMC present
Shri. Harshwardhan Nikam Jr. Engineer, M West for BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 19.12.2022
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 19/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: None present for plaintiff.
Advocate Khandagale h/f Advocate Suryavanshi for defendant/BMC present and seeks time to file N/M reply. Hence, time granted.
Adjd for NM reply to 13.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 13.12.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: As Court is busy in dictating NM Orders and ad-interim hearing, board discharged and matter is adjourned.
Adjd. to 16/02/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to  07.05.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2024

Date: 07-05-2024

Date: 05-07-2024

Date: 04-09-2024

Date: 07-10-2024
Business: P.O. is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane    for defendant/BMC present and seeks time to file reply to NM.   Suit is of year 2019 and sufficient opportunity has been granted to the deft/BMC but not filed reply to NM. Hence no say order passed against deft/BMC. Matter adjourned for NM hearing.
Adjd  to 22.01.2025    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. His Advocate is absent. Adv. Ms. Sangita Honmane for defendant/MCGM is present. The matter is kept back.
Later on at 3.43 pm
The appearance is as above. The plaintiff is present in person and filed application for adjournment. Taken on record. It is marked as Exhibit 3. O- Time is granted strictly as a last chance. In default, the NM would stand dismissed.
Adjourned for NM hearing/NM dismissal to 05.03.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
The following Order is passed in Notice of Motion No. 1433/19.
O R D E R
 	 Today the Notice of Motion was fixed for hearing wherein neither plaintiff nor his Advocate opt to remain present. They were called out thrice but all in vain.  There is no application tendered on record seeking adjournment. The NM is old and prolonging unnecessarily. Today last chance was assigned to the plaintiff to proceed with the NM positively but he did not choose to do so. I believe plaintiff is not interested to pursue NM further more positively. There are no interim relief granted in favour of the plaintiff. In view of all, considering the entire scenario, I perceive it is not desirable to adjourn instant NM on next date for the same purpose. Hence it deserve dismissal. Ergo the Order.
ORDER
01.	Notice of Motion No. 1433/2019 stands dismissed for 	want of prosecution.
02.	Notice of Motion No. 1433/2019 disposed of accordingly.
Adjourned for No WS hearing to 25.08.2025.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-06-2025

Main Case No: SUIT/0100872/2019
Main Cnr: MHCC010035452019
Main Filing No: 111447

Registration Number: 101433/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104039/2019
Filing Date: 02-04-2019
First Hearing Date: 04th April 2019
Decision Date: 18th June 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE