Akramal Najibul SarkarVsMCGM

Date: 20-03-2018
Business: On perusal of the copies of documents annexed to the plaint,  it prima facie appears that the suit building was in dilapidated condition and the Mumbai Building Repair and Reconstruction Board an authority under MHADA permitted the plaintiff to complete the work of repair within the aforesaid period.  It will take some time to file reply.  In the meantime no coercive action should be taken against the suit building till next date.  An ordinary copy of this order duly authenticate by the Sheristedar of this Court be supplied to both the parties.
Adjd. for reply and arguments on ad-interim relief of BMC to 27.03.2018
Next Purpose: REPLY
Next Hearing Date: 27-03-2018

Date: 27-03-2018
Business: Resumed.
The P.O. is busy in hearing of Stamp No. 4498/2018 and Suit No. 844/2018 and Judgment in Sessions Case No. 768/2017.  For want of time the board is discharged.
Adjd. for NM reply to 17.04.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2018

Date: 07-04-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. J. S. Yadav for plaintiff and Adv. Rawade for BMC are present.
Adv. Rawade submits that by taking this advantage of order dtd. 20.03.2018, the plaintiff is carrying on unauthorised construction.  She files affidavit in reply along with compilation of documents to the NM taken out by the plaintiff.  She serves the copy thereof to Adv. Yadav.  She prays for preponedment of the date.  The matter was adjourned to 17.04.2018 for NM reply.  She submits that the work will be completed.  Adv. Yadav submits that the work is carried on under the order of MHADA.  Considering submission and completion of pleadings, the matter is preponed for hearing of NM to 10.04.2018.  The plaintiff is directed to tender registered NM on or before next date.
Adjd. for arguments on NM to 10.04.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-04-2018

Date: 10-04-2018
Business: Resumed.
Adv. B.P. Shukla for plaintiff tender register NM No. 1267/2018. Adv. Rawade for BMC is absent.
Adv. Dhumale holding for Adv. Rawade submits that Adv. Rawade has left the court due to demise of her relatives.  Earlier order if any to continue till the next date.
Adjd. For arguments on NM No. 1267/2018 to 17.04.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: Resumed.
Adv. J. S Yadav for plaintiff submits that the plaintiff will withdraw the suit on 19.04.2018.  Adv. Rawade for BMC is present.  Earlier order if any to continue till the next date.
Adjd. For withdrawal of the suit to 19.04.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 19-04-2018

Date: 19-04-2018
Business: Resumed.
Adv. Shukla seeks time to withdraw the suit.  Adv. Rawade for BMC is present.
Adjd. for withdrawal to 21.04.2018
Next Purpose: WITHDRAWAL
Next Hearing Date: 21-04-2018

Date: 21-04-2018
Business: Resumed.
Adv Yadav for Plaintiff is present.
Adv Rawade for BMC is present.
Adv for plaintiff seeks time to withdraw the Suit.
Adj for withdrawal of suit on 24.04.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-04-2018

Date: 24-04-2018
Business: Resumed.
The P.O. is busy in Judgment of Suit No. 4072/2013.  For want of time the board is discharged.
Adjd  for withdrawal to 26.04.2018
Next Purpose: WITHDRAWAL
Next Hearing Date: 26-04-2018

Date: 26-04-2018
Business: Resumed.
Adv. B.P. Shukla for plaintiff and Adv. Rawade for BMC are present.
Ld. Adv. B.P. Shukla submits that the plaintiff will withdraw the suit on 02.05.2018.
Adjd. For withdrawl to 02.05.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 02-05-2018

Date: 02-05-2018
Business: Resumed.
The P.O. is busy in passing orders on NM No. 410/2018 in L.C Suit No. 426/2018 and NM No. 3876/2015 in L.C. Suit No. 2543/2009.
Adjd. for withdrawal to 03.05.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: Resumed.
Adv. B.P. Shukla for plaintiff and Adv. Rawade for BMC
FRSR the NM No. 1267/2018 is disposed off by common order -
ORDER
1.  Notice of Motion no.1267 of 2018 in L.C. Suit 791 of 2018, Notice of Motion  no.1584 of 2018 in Suit (Stamp) no.5278 of 2018, Notice of Motion no. 1620 of 2018 in Suit (Stamp) no.5514 of 2018 are dismissed with costs respectively.
2.  An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to the plaintiff.
3.   Certified copy of the order is expedited.

Adjd for written statement to 27.06.2018
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Resumed.
None for plaintiff.  Matter pertains to B ward.
Adjd for written statement to 21.08.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: Resumed.
Adv. J.S. Yadav for plaintiff is present.
Adv. Rawade for MCGM seeks time to file w.s.  Granted as last chance.
Adjd for written statement to 04.10.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Resumed.
None for plaintiff.
Adv. Dhumale h/f Adv. Rawade for MCGM seeks time to file w.s.  Granted as last chance.
Adjd for written statement or orders to 08.01.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: Resumed.
None for plaintiff.
Adv. Ravade for MCGM seeks time to file w.s.  Time is granted.
Adjd for written statement to 12.03.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: P.O. is on half day (First sessions) leave. Hence board is discharged.
Matter adjd. to 30.4.19 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Plaintiff and his Adv. absent.
Adv.Smt. Rawade for defendant/MCGM present.
WS not filed by BMC/Deft., hence posted for Order.
Matter adjd to 06.07.2019 for WS/Order
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Plaintiff and his Adv.absent.
Adv.Smt. Rawade for defendant/MCGM present.
Matter adjd to 03.08.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Plaintiff and his Adv.absent.
Adv.Meena Dhuri for defendant/MCGM present.
Plaintiff absent. No steps taken. WS not filed by Adv.of MCGM.
Matter adjd to 31.08.2019 for WS/Dismissal Order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Board discharged
Matter Adjourned for W/S to 05-10-2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri for defendant/MCGM present.
Matter adjd to 19/11/2019 for Written Stat.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Rawade  for defendant/MCGM present
Plaint.
Vakalatnama of Plaintiff.
Memorandum of address.
List of documents.
Vakalatnama of defendant .
Plaintiff is absent N/M reply is permitted to be treated as Written Statement.
Matter adjd to 04/01/2010 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: As Court is on leave.
Matter is adjd to 25/02/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present
Matter is adjd to 23/06/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: NOBTOB. SUOMOTO.
None present for the plaintiff.
Adv Suryawanshi for MCGM/defendant present.
Issues framed at Exh.7.
Matter adjourned for list of witness/RE to 12.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for RE to 20.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv Yadav present for plaintiff and sought adjournment.
None present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 15.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Adv. absent for plaintiff.
Adv. Vidya Vyavahare  for MCGM/defendant.
As plaintiff and his adv. absent,  Matter adjourned for RE to. 21/10/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for plaintiff
Adv. Vidya Vyavahare present for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for RE to. 14/12/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present for plaintiff.
Adv. Vidya present for MCGM/defendant.
As plaintiff and his adv. absent, and did not adduce evidence since long, Matter adjourned for dismissal order  to. 05/02/22.
Next Purpose: DISMISSAL
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: DISMISSAL
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: As court is busy in order dictating and urgent hearing in HCTM matters. Hence, for want of time  board discharged.
Next Purpose: DISMISSAL
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: As P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: As court is busy in hearing in urgent matter i.e. Suit No. 3045 of 2013 and order dictating. Hence want of time board is discharged.
Next Purpose: DISMISSAL
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: As Court is busy in urgent hearing of High Court Time Bound Matter i.e. Suit No. 116 of 2012. Hence want of time board is discharged.
Matter is adjd for dismissal on 04-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: As court is busy in order dictating in Suit No. 2047 of 2010 and Suit No. 2216 of 2015. Hence want of time board is discharged.
Matter is adjd for dismissal on 28-03-2023
Next Purpose: DISMISSAL
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd to 06.07.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to  21.09.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: None present for plaintiff.
Advocate Rawade for defendant/BMC present.
As plaintiff and his advocate are absent, Matter is adjd. to 21/10/23 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for Plaintiff.
Adv. Rawade for MCGM/Defendant present.
Matter is adjd  to  03.01.2024  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 06.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Kept back.
Today also the plaintiff and his advocate are absent. Perusal of record shows that issues were framed on 04.11.2023 and after the matter proceeded for evidence, in view of absence of the plaintiff matter was kept for passing dismissal order since 15.12.2022. Inspite the matter is proceeding for dismissal since last two years, no steps are taken to proceed with the suit. Considering these circumstances, there is no propriety by keeping the case in abeyance, when the plaintiff is himself is not interest to proceed with the suit. Hence, following order is passed-
ORDER
1. Suit stands dismissed in default.
2. L. C. Suit No. 791 of 2018 stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-02-2024

NOTICE OF MOTION/101267/2018

Filing Number: 104165/2018
Filing Date: 19-03-2018
First Hearing Date: 12th June 2018
Decision Date: 06th February 2024
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE