Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Adj due to COVID 19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: NOBTOB. Matter is taken on board by praciepe. O-Allowed.
Adv Bharat Joshi present for plaintiff.
None present for defendant.
Adv for plaintiff filed draft CS alongwith affidavit for amendment in Notice of motion and suit. tor.
Leave grant to register CS.
Matter adjourned for reply on CS to 17.12.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv Bharat Joshi present for plaintiff.
Adv Rawade present for MCGM/defendant.
BMC officer Sr. Engineer Mangesh Kamble present.
Plaint at Exh.1.
VP of Adv of plaintiff at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4
Adv of plaintiff tendered registered CS No.738/2020 alongwith affidavit.
On behalf of third party I.e Landlord Adv Mungale submitted VP at Exh.5.
Adv of third party applicant submitted draft CS alongwith affidavit for impleading in the suit. Copies are served on opposite party. Leave granted to register CS.
Order below CS No.738/2020 (in Roznama)
Adv of plaintiffs submitted this CS for carrying out amendment in the plaint.
Court had passed order of due process of law.
Now MCGM passed speaking/final order hence plaintiffs want to take on the record said subsequent happenings.
Adv of MCGM admitted that speaking order is passed on 09.12.2020. Hence there appear no any hurder in allowing the amendment. Hence CS No.738/2020 stands allowed as prayed for. CS No.738/2020 disposed off. As per request of adv of plaintiff keep matter after one week.
Matter adjourned for amendment and reply on CS of third party landlord to 05.01.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv Bharat Joshi present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of plaintiff submitted amended copy and requested to hear prayer of interim relief today.
He submitted that matter is on board.
Perusal of roznama it shows that on 24.11.2020 date was given 22.12.2020 in manually on board. Such entry is also there in memorandum. Thereafter on 16.12.2020 by praciepe of plaintiff matter was taken on board, then it was kept on 17.12.2020 for reply on CS. Thereafter on 17.12.2020 one third applicant filed CS. On 17.12.2020 Adv of plaintiff had submitted that he will reply CS on 05.01.2021 therefore date was given as 05.01.2021.
It means main matter was taken on board and due to above happenings date was changed in the suit/CS.
As previously date was given as 22.12.2020 today NM of plaintiff came on the board. Adv of plaintiff submitted that as his NM is on board he should be heard today for ad-interim relief as he has given notice to MCGM.
Adv of MCGM submitted that on 17.12.2020 date is given in the matter as 05.01.2021 therefore automatically NM should also have gone 05.01.2021. Today third party applicant is absent. perhaps third party applicant is not aware of the fact that NM date was given as 22.12.2020.
Adv of plaintiff is insisting to hear him on NM despite above facts by stating that after expiry of 15 days time from the speaking order the notice structure may be demolished by the corporation at any time. He further submitted that third party applicant is not yet added in the suit and insisted to hear NM. He further submitted that CS of third party is not allowed yet therefore he will not serve to the said party if matter is kept tomorrow.
It is true that matter should not be heard behind the back of any party once date is given. However due to taking matter on board NM came on the board of 22.12.2020 and suit is kept on 05.01.2021 as per convenience of parties.
Therefore this court thinks that due to above peculiarities to keep NM for arguments tomorrow at 11.00 am.
Matter adjourned for NM arguments to 23.12.2020.
LO at 3.30 pm.
Adv SN Mungale present for third party applicant in CS.
Matter adjourned for NM arguments to 23.12.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-12-2020
Date: 23-12-2020
Date: 24-12-2020
Business: Adv Shri. Bharat Joshi for plaintiff present.
Adv. Smt. Rawde for defendant (MCGM) present.
Adv Shri. Tejas Mahamuni h/f Adv Shri. Sanket Mungle present for applicant in C/S for third party.
FRSR; following order is passed:
ORDER
1)
Notice of Motion No.1289/20 stands dismissed and disposed off accordingly.
2)
Parties are requested to avoid delay on their part in the main suit.
3)
Authenticated copy of this roznama be given to plaintiffs and defendant (MCGM) if requested.
Matter adjourned for C/S reply to 5/1/21.
LO
Adv of plaintiffs submitted appln (Exh.6) for return of the compilation of org. documents filed on 23/12/2020 during arguments. Adv of MCGM gave no objection. Hence, following order:-
Said compilation of documents be returned to the plaintiffs as per rules by taking attested/true copy of compilation on record for future references. Plaintiffs shall ensure that there shall be no changes in said documents after return by the court.
Adv of plaintiffs submitted appln (Exh.7) for stay of order dtd.24/12/2020 for filing appeal before Hon\''ble High Court. Adv for MCGM present and filed strong objection. Plaintiffs are having right to challenge order of trial court before Hon\''ble High Court. Hence, both parties are directed to maintain status quo regarding notice structure for the period of two weeks from today. Accordingly, Exh.7 stands disposed off.
Judge
Nature Of Disposal: DISMISSED
Disposal Date: 24-12-2020