Date: 24-04-2019
Business: The Case is adjd. To 07.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Advocate Ms.Neha Joshi h/f Vidhi Partners for plaintiff present.
Advocate Ms.Chavan for defendant/MCGM present and sought time to file reply in NM. Time is granted.
The case is adjourned to 20.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
The case is adjourned to 18.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: As Court is busy in hearing NM in suit no. 2453/15, 2057/19 and in hearing ad-interim matters in ST no. 2469/19 and ST 10053/19 and also in dictating Judgment in suit no.926/11 and NM orders in suit no.4593/12. The case is adjourned.
The case is adjourned to 21.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: As 21.10.2019 was declared holiday due to Legislative Assembly Election, hence the matter is taken on today\''s board.
Earlier order, if any is continued till next date.
The case is adjourned to 09.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: None for Plaintiff present.
Adv. Mrs. Chavhan for deft. no.1/MCGM, prayed for adjd to perused filed and file reply.
Adv. Mr. Suraj Kaushik for applicant present.
Matter is adjd.for NM reply on 27.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Mr. Vishal Dushing for plff. present.
Adv. Mrs. Chavhan for deft./MCGM, prayed for adjd to file reply.
Deft to file the reply positively on next date.
Matter is adjd. for NM reply on 23.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Ms. J.V. Mhatre for defendant/MCGM is present.
The record shows that till date, the plaintiffs did not tender registered motion on the record. Hence, they are directed to file the same till the next date so as to avoid the consequential orders.
Adjourned for NM hearing to 24.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Saurabh Nikale for plaintiff and tendered registered NM
No. 1452/19 along-with affidavit.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file reply on the contempt NM. Granted.
Adjourned for NM reply and NM hearing to 28.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Mr. Soham Nikalje for plaintiff is present and tendered draft NM along-with affidavit. Leave is granted to register till the next date. Copy is supplied to the other side.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed reply on NM No. 503/2019. Copy is supplied to the other side.
Adjourned for NM hearing/NM reply and WS to 23.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present for the plaintiff.
Adv. Ms. Kinjal Upadhyay for the applicant is present and tendered draft Ch/s along-with affidavit. Leave is granted to register till the next date. The applicant is called upon to ensure due service of Ch/s on the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
LO at 04:11 pm
Adv. Mr. Animesh Singh for the plaintiff is present. He is informed that the matter was called and it is adjourned.
Adjourned for Ch/s reply/NM reply to 13.10.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Mr. Nikalaje for the plaintiff is present and filed registered NM No.2239/22 along-with affidavit.
Adv. Khandagale h/f Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Advocate Sandip Dhanagar for applicant in C/S is present and filed registered C/S No.1401/22 along-with affidavit. He informed that service of C/S is effected on the other sides.
The advocate for the plaintiff orally requested for time to file C/S reply. Granted as a last chance. The plaintiff is called upon to argue on the maintainability of the Contempt NM, along-with this suit, on the next date.
Adjourned for C/S reply/ NM reply and hearing on maintainability of Contempt NM to 17.11.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Mr. Uttam Singh, Legal Assistant for the plaintiff is present and orally requested for keeping back the matter. Considering the board his request is discarded. The Ch/s is proceeded without reply of the plaintiff.
Adv. Mr. Sandeep Dhangar for the applicant is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adjourned for Ch/s hearing (no reply)/NM reply/NM hearing to 03.01.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Mr. Nikalje for the plaintiff is present.
Adv. Mr. Sandeep Dhangar for the applicant is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adjourned for Ch/s hearing (no reply)/NM reply to 23.02.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Mr. Saurabh Nikalje for the plaintiff is present and requested for time to argue on Ch/s and NM.
Adv. Mr. Paras Gosar i/b Adv. Vyas for the applicant is present and requested for time to argue on Ch/s.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
The matter is more than 10 years old. The parties are directed to filed their written submissions on all pending NMs and Ch/s till the next date. In default, the suitable Orders to follow.
Adjourned for written submissions on NMs and Ch/s/Order to 16.03.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Mr. Saurabh Nikalje for the plaintiff is present.
Adv. Mr. Jamshed Master i/b Adv. Jayesh Vyas for the applicant is present and requested for time to proceed with the Ch/s, on his health issue. Time is granted lastly.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
KB LO at 03:36 pm.
Advocate for the plaintiff filed the application for adjournment. TOR. It is marked at Exh.09. O- The record shows that advocate Shri Nikalje attended this matter on last date 23.02.2023 and on his request for time to argue on Ch/s and NM, the parties were directed to file written submissions. The matter is more than 10 years old. Still, considering his request, the time is granted to file written submissions, subject to costs of Rs. 3000/- (Rs. Three Thousand) to be deposited in favour of DLSA, Mumabi, till the next date. In default, the NMs filed by the plaintiffs, would stand dismissed.
Adv. Mr. Gosar i/b Adv. Vyas for the applicant is present.
Adjourned for costs/compliance/written submissions on NM and Ch/s to 06.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. Mr. Saurabh Nikalje for the plaintiff is present and written submissions on contempt NM No. 1452/19 in NM 503/19. Copy supplied to other side.
Adv. Ms. Kinjal Upadhyay for applicant in Ch/s is present and filed written submissions on Ch/s. No. 1401/2022. Copy supplied to other side.
Adv. Mrs. Smita Chavan for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Rest of the defendants are absent.
Adjourned for NM hearing/Ch/s. hearing to 08.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: None present for the plaintiff.
Adv. Mr. Gosar for the applicant in Ch/s. present.
Adv. Ms. S.S. Chavan for defendant/MCGM is present. On her oral request, the matter is kept back.
LO at 3.15 p.m.
Adv. Ms. Nikita Abhyankar is present and filed V/P for the plaintiff. TOR. It is marked at Exh.10. O- Filed. She requested for time to go through the matter. Time is granted strictly as last chance.
Adjourned for NM hearing/Ch/s hearing to 20.07.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present. Rest of the defendants are absent.
Adv. Mr. J.K. Maskar for applicant in Ch/s. is present.
Adjourned for NM and Ch/s. hearing to 24.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant/ MCGM is present.
Adv. Mr. J.K. Maskar for applicant in Ch/s. is present.
Adjourned for Ch/s. hearing to 26.09.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Ms. Garima Joshi for the plaintiff is present and requested for time to argue on Ch/s.. The matter is more than 10 years old. Sufficient time is already granted. Hence, adjourned strictly as last chance. In default, the suitable Order to follow.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Adv. Mr. Sandeep Dhangar for applicant in Ch/s. is present.
Adjourned for Ch/s. hearing to 26.10.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Ms. Vaishnavi Mudres h/f Mr. Singh for the plaintiff is present and requested time to argue the Ch/s., as senior not available.
Adv. Mr. J.K. Master for the applicant is present.
Adv. Mr. Khandagale h/f Mrs. Chavan for defendant/MCGM is present.
Adjourned for Ch/s hearing to 30.11.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Adv. Mr. Rahul Gaikwad for the plaintiff is present and sought time to file written submissions on Ch/s.. Time is granted shortly.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. Mr. Dhangar for applicant in Ch/s. is present.
Adjourned for written submissions on Ch/s. to 05.01.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv. Mr. Rahul Gaikwad for the plaintiff is present and sought time to take steps in this matter for filing Ch/s. reply. The matter is more than 10 years old. Sufficient time is already granted. Hence, it is adjourned strictly as last chance.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adv. Mr. Master for applicant in Ch/s. is present.
Adjourned for steps/written submissions on Ch/s. to 20.02.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Adv. Mr. Rahul Gaikwad for the plaintiff is present and sought time to take suitable steps in this matter. Time is granted lastly.
Adv. Mr. Khandagale for defendants/MCGM is present.
Adv. Mr. Sandeep Dhangar for applicant in Ch/s. is present.
Adjourned for steps to 07.03.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: Adv. Ms. Nitita Abhyakar for the plaintiff is present and tendered draft NM along-with affidavit. O- Leave is granted to register within 7 working days from today. In default, the draft NM would stand dismissed. Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. Mr. Sandeep Dhangar for applicant in Ch/s. is present.
Adjourned for tendering registered NM/NM reply to 13.06.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Mr. Anil Gaikwad, representative of plaintiff is present. His advocate is absent. He sought time to tender registered NM. Time is extended till the next date. The plaintiff is further directed to proceed with the pending NMs on the next date. In default, the suitable Orders to follow.
Adv. Mr. S.R. Yadav a/w Adv. Ms. P.R. Nagarthawar for defendant/ MCGM is present.
Adv. Mr. Sandeep Dhangar for applicant in Ch/s. is present and filed reply in NM No. 1589/24. O-Filed. Copy is supplied to the other side.
Adjourned for tendering registered NM/NM hearing/suitable Order to 09.07.2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: None present for the plaintiff.
Adv. Ms.Kinjal Upadhay for the applicant is present.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. The matter is kept back.
Later on at 4.00 p.m.
Adv. Mr. Aman Zanvar is present for the plaintiff and tendered registered NM No. 1589/2024 along-with affidavit.
Adv. Mr. J.K. Master for the applicant in Ch/s. is present. Rest appearance is as above. Heard on NM No. 1589/2024.
Later on at 4.30 p.m.
Adv. Mr. Aman Zanvar sought time to proceed with the Contempt NM. The suit is about 14 years old. Sufficient time is already granted. Hence, this request is discarded. The Contempt NM is posted for dismissal.
Adjourned for NM Orders/dismissal of Contempt NM/Ch/s. hearing to 29.07.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Adv. Mr. Gaikwad for the plaintiffs is present. He is heard on maintainability of Contempt NM No. 1452/2019. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present. Adv. Mr. Sandeep Dhangar for applicant in Ch/s. is present. The matter is kept back for NM Orders. Later on 5.03 p.m. Barring appearance for the defendants/MCGM, rest of the parties are absent. F.R.S.R. Following Order is passed in NM 1589/2024. O R D E R (i). Notice of Motion No. 1589/2024 is made absolute in terms of prayer Clause (a), (b) and (c) only, subject to payment of costs of Rs.3,000/-(Rs. Three thousand),in favour of the D.L.S.A., Mumbai, positively till the next date. (ii). On payment of the costs, the plaintiffs are directed to proceed with the suit, by filing their Ch/s. reply, without further delay. (iii). The parties to expedite the matter. (iv). Notice of Motion No.1589/2024 is, accordingly, disposed of. The following Order is passed on Contempt NM No. 1452/2019 after hearing both the parties ORDER 01.By this Contempt NM, the plaintiffs contended that when NM No.503/2019 was part heard, on 28.02.2019, defendant Nos. 2 and 3, in complete disregard to sanctity and dignity of this Court, arrived at the suit structure and unlawfully demolished the same, despite being aware that the said NM was partly heard. As such, the said demolition was illegal and it was sheer abuse of process of law. Rather, such Order of demolition and actual demolition took place on very day. Therefore, it is the fit case of invoking provision of the Contempt of Courts Act, 1971. Here, it is to be noted that the suit is about 14 yeas old and it is, thus, clear that in view of the reliefs on merits, this Contempt NM can not be tried together with the suit in view of the ratio laid in the matter of Rampyaribai Sukhdeo Daga V. Niladevo Narayandas Jakhotiya, 2007 (4) Mh.L.J. 213. Certainly, it would require conduction of the inquiry, framing of issues, wherein the parties may also choose for leading their evidence in support of their rival contentions. However, it would not be appropriate to try and decide this Contempt NM along-with this suit, simply because it would hamper its very progress. Therefore, without recording my finding on its merits, the Contempt NM No. 1452/2019 is disposed of as not triable, along-with this suit. The plaintiffs are still placed at liberty to file separate Miscellaneous Judicial Case about the said Contempt, if they so desire.
Adjourned for costs/compliance/Ch/s. reply/NM reply/NM hearing to 22.08.2024.
Nature Of Disposal: OTHER
Disposal Date: 29-07-2024
