Miss. Santoshkumari Chamanlal Mujaral alias Ms. Sandeep KaurVsMCGM

Date: 07-04-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. Mukesh Yadav for plaintiff submits that the senior advocate Akhilesh Upadhyay  is not present.  He seeks time to argue for ad-interim reliefs by Adv. Upadhayay.  Adv. Rawade Mr. Sadan Tambe, Ward inspector for BMC is present.
As requested by Mukesh Yadav the matter is adjourned to 12.04.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-04-2018

Date: 12-04-2018
Business: Resumed.
Adv. Akhilesh Upadhayay for plaintiff tenders draft NM seeking interim relief.  Leave to register is granted.  Adv. Dhumale submits that Adv. Rawade representing B ward is in personal difficulty and out of station.  He seeks for time to file reply.  Mr. Sadan Tambe, ward inspector for BMC is present.
Adjd. For NM reply to 17.04.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: Resumed.
C. A of Plaintiff is present.  The Adv. For plaintiff is absent. Heard Adv. Rawade for BMC.  According to her the matter relates to  the recovery of property tax and in that behalf an appeal U/s. 217 of MMC Act is required to be preferred to the Hon\''ble Chief Judge Small Causes Court.  I have gone through the averments made in the plaint.  Considering the pleadings and the submission made by Adv. Rawade the following preliminary issue is framed -
Whether this court has jurisdiction to entertain try and decide this suit
Adjd. For evidence/arguments on preliminary issue to 05.06.2018.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 05-06-2018

Date: 05-06-2018
Business: Resumed.
Heard, Ld. Adv. Upadhyay for plaintiff and Adv. Rawade for MCGM on preliminary issue.
Adjd for judgment to 07.06.2018.
Next Purpose: JUDGMENT
Next Hearing Date: 07-06-2018

Date: 07-06-2018
Business: Resumed.
Adv. Akhilesh Upadhyay for plaintiff is present. None for defendant.
FRSR the following order is passed -
ORDER
1.  This Court has no jurisdiction to entertain, try and decide this suit.
2.   The plaintiff is set at liberty to prefer an appeal before the Small Causes Court, Mumbai within a period of thirty days from today.
3.  The parties to bear their own costs of the suit.
4.  Accordingly, the suit is disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 07-06-2018

Filing Number: 104135/2018
Filing Date: 19-03-2018
First Hearing Date: 27th June 2018
Decision Date: 07th June 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE