Date: 04-04-2019
Business: None for Plff.
Adv. Ms. Ankita for applicant present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Order on ad-interim relief in draft N/M
Perused contents of N/M, plaint, documents annexed thereto and heard arguments advanced by both sides.
The Plff is challenging notice u/s.55 of Maharashtra Regional and Town Planning Act, 1966 which is issued for removal of unauthorized development. In this matter the notice under challenge is dated 23/2/2019 having description of alleged unauthorized development \''\''unauthorized fixing of M.S. Door admeasuring 2mtr. x 1.25 mtr. at the front lobby portion on 7th floor, near Stair case and blocking the entry to the users of the building and unauthorized fixing of M.S. grill of the lobby floor of 7th floor, adm. 1.35 mtr. x 1 mtr. at pent house 701, 7th floor, Flora Avenue Building, 10th Road, Near Sandu Garden, Near Joy Hospital, Chembur (East), Mumbai-400 071\''\''. According to Plff he has not made any such development and the same is existing since prior to his possession in the suit flat. In support of his case he has filed on record copies of Aadhar cards, election identity cards, telephone bills, domestic gas bills, electricity bills, photo identity cards of children. These documents show his occupancy rights in the suit flat. None of these documents prove authorization of the alleged development. It is clear from the notice that the Plff has made material change in use of the building and therefore said notices issued to him. As he has failed to prove authorization of such development, he is not entitle for ad-interim relief. Hence, ad-interim relief is rejected.
Ld. Adv. for Plff orally requests to continue earlier order stating that her suit will become infructuous. As stated herein earlier, ad-interim relief is rejected after considering all the circumstances and documents. Therefore oral request to continue earlier order is rejected.
KB - LO at 4.30 p.m.
Adv. Ms. Smita Kadu with Adv. Mr. Kumbhar for Plff present and tendered registered N/M No.1068/19 and also tendered reply to Ch/s. Copy is served to the Adv. for Deft/MCGM.
Adv. for Plff tendered application for production of documents.
Adv. Ms. Ankita for applicant present and tendered original registered Ch/s No.748/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft present.
Partly heard arguments of both sides on Ch/s No.748/19.
Adjd to 28/6/2019 for rejoinder on Ch/s.
Next Purpose: REJOINDER
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: None for plaintiff.
Adv. Ms. Patil h/f Adv. Khandagle for MCGM/Defendant present.
Kept back.
L.O. at 3.30 p.m. Adv. Ms. Ankita for applicant present.
On oral request of ld adv for applicant, adjournment granted.
Adjd to 05.07.2019 for rejoinder on Ch/s.
Next Purpose: REJOINDER
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Kumbhar for plaintiff present.
Adv. Ms. Ankita for applicant present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for plff, adjournment granted.
Plaintiff is directed to register the suit on or before next date.
Adjd to 02.08.2019 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is on leave. Hence, matter is adjd. to next date.
Next Purpose: REJOINDER
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Jadhav h/f. Adv. Kumhar for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Ms. Pragya for applicant present.
Plaintiff is directed to register the suit on or before the next date.
Adjd to 20/11/2019 for C/S Rejoinder/ hearing.
Next Purpose: REJOINDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: None present for plaintiff.
Adv. Khandagle h/f adv. Hajare for MCGM/Deft.1 present.
None for deft nos. 4 to 9.
Deft nos. 4 to 9 have failed to file W.S. till today. Hence, Suit to proceed without W.S. of deft nos. 4 to 9.
Adjd to 21.01.2020 for issues.
LO
Adv. Mr. Bhat for deft nos. 4 to 9 present.
Representative of plff present.
Adjd to 17.12.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Satish Kumbhar for plaintiff present.
Adv. Ms. Patil h/f Khandagale for defendant / MCGM present.
Adv. Sankita for applicant present.
Heard both sides on Ch/s.
Adjd. for Order on Ch/s to 8/1/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Satish Kumbhar for plaintiff present.
Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant present.
Adv. Ms. Ankita for applicant present.
Learned adv. for applicants requested for short time to produce certain documents regarding Ch/S. Time is granted.
Adjd. to 13/01/2020 for citation/order on Ch/S.
Next Purpose: CIATATION
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Satishkumar for plaintiff present.
Adv.Ankita for applicant present.
Exh-4 Adv.of applicant filed list of documents.
Plaintiff to served writ of summons to defendants.
Adjd to 15.01.2020 for order ch/s
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv.Satish Kumbhare for plaintiff present.
Adv.Ankita for applicant present.
Adv. Khandagale for MCGM/Defendant present.
F.R.S.R. following order on N/M No. / is passed -
Order -
1. Chamber Summons No.748/19 is made absolute.
2. Plaintiff to carry out amendment within two weeks.
Nature Of Disposal: ALLOWED
Disposal Date: 15-01-2020
