Mr. Darshan Singh JaissalVsMCGM

Date: 27-03-2018
Business: Adv.Mr.Pratap Singh for Plff.present.
Adv.for Plff.tendered original registered N/m No.1275/18 t.o.r.
Adv.Mrs.Tadavi for BMC/Deft present.
Copy of Reply submitted to other side.
Adv.for BMC.tendered list of documents t.o.r.
Adv.for Plff. sought time to file rejoinder.
Adjd.for N/m rejoinder/hearing on 31.03.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2018

Date: 31-03-2018
Business: Son of Plff.present.  Adv.Mr.Pratap Singh for Plff.present.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.for Plff.submitted that the rejoinder is ready but due to some reason it can not be affirmed.  On his oral request adjd.for N/m rejoinder and hearing on 03.04.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2018

Date: 03-04-2018
Business: Adv Mr.Pratap Singh for Plff.present.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.for Plff.filed rejoinder t.o.r.
Adjd.for N/m hrg.on 10.04.2018 on first Sessions.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2018

Date: 10-04-2018
Business: None for Plff.
Adv.Mrs.Tadavi for BMC/Deft.present.
Hd.Ld.adv.for MCGM on N/m No.1276/18.
Till 11.45 hours none appeared for the plff.
The previous roznama shows that matter is fixed for hearing in first session.  Hence keep the matter for  N/m order on 26.04.2018 till then earlier order is continued.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-04-2018

Date: 26-04-2018
Business: Plff.Darshan Singh Jaissal is present.
Adv.Mr.Ravindra Singh h/f Adv.Pratap Singh for Plff.present before the court.
Adv.Mrs.Tadavi for BMC/Deft.present.
The Ld.adv.for MCGM has raised objection about the fact that adv.Mr.Ravindra Singh do not have vakalatnama in the present case and therefore he cannot make any submission.  On perusal of the record,..Considering the practice, as it is common in the City Civil Courts that the advocates holding for the advocates on record are permitted to address and mentioned about the proceedings, the objection as raised by Mrs.Tadavi is not consider at this stage as the plff who is present before the court submitted that Adv.Ravindra Singh is instructed by Adv.Pratap Singh. Hence the written notes of arguments filed by plff t.o.r and marked at Exh.3.  the MCGM is permitted to file written notes of arguments if any, or permitted to make any further submission.
Adjd.for fling written submission and vakalatnama of MCGM on 05.06.2018. Earlier order to co
Next Purpose: HEARING
Next Hearing Date: 05-06-2018

Date: 05-06-2018
Business: Adv. Datta Singh for Plaintiff present.
Adv. Ms. Tadvi h/f. Adv. Mrs. Kamble for defendant / BMC present. She filed fresh vakalatnama t.o.r. and marked as Exh. 2-A.
O Earlier Order to continue till next date.
Adjd. to 21.06.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Ms. Tadavi for BMC present.
Advocate for plaintiff submitted that the matter is already argued
before my predecessor  and therefore intends to file transfer
application.
Earlier order to continue till next date.
Adjd to 12.7.2018 for N/M hearing and transfer application status.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2018

Date: 12-07-2018
Business: Adv. Mr. Pal  for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
O - Earlier order to continue till next date.
Adjd. to 27.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Business: Adv. Mr. Pal  for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Earlier order if any, to continue till next date.
Adjd. to 09.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: (Incharge of C.R.No.08)
Adv . Mr. Pal for Plff. present.
Adv. Ms . Tadvi for deft. /BMC present.
Earlier order to continue till next date.
Adjd. for NM hearing to 23.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2018

Date: 23-08-2018
Business: Adv Singh for plff present.
Adv Vyavhare for BMC/deft present.
Earlier order to continue till next date.
Adjd to 27/09/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Adv. Pratap Singh for plaintiff present.
Adv. Kamble for defendant no. / BMC present.
Adv. for the plaintiff submit that transfer application is filed before Hon''ble Principal Judge.
Earlier order, if any, to continue till next date.
Matter adjd. to 27.11.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: None for Plaintiff.
Adv. Mrs. Vyavhare for Defendant/BMC present.
Adjd. to 15.01.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Adv Pratap Singh for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 12/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Plff present.  Adv. Mr. R. Singh for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 28/3/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Mr. Pal h/f Adv. Mr. P. Singh for Plff present.
Senior Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/Deft present.
Earlier order, if any, to continue till next date.
On oral request of advocate for Plff, adjournment granted as last chance.
Adjd to 18/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs.Vyavahare for deft./MCGM present.
Later On. At 3.20 pm.
None for plaintiff.
Adv. Mrs.Vyavahare for deft./MCGM present.
Later On. At 4.10 pm.
Adv. Ravindra Singh h/f Adv. Pratap Singh for plaintiff present.
MCGM Counsel Adv. Raees with Adv. Vyavahare for deft./MCGM
present.
On oral request for plaintiff, adjournment granted as a Last
chance.
Earlier order, if any, to continue till next date.
Matter is adjd to  25/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv. Mr. Pal h/f Adv. Mr. P. Singh for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
KB - LO at 3.50 p.m.
Adv. Mr. Pratap Singh for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
On oral request of advocate for Plff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 2/5/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv. Mr. Pal h/f Adv. Mr. Pratap Singh for Plff present.
Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/deft. present.
KB - LO at 5.00 p.m.
Adv. Mr. Pratap Singh for Plff present.
Counsel Mr. Raees with Adv. Mrs. Vyavhare for MCGM/Deft present.
On oral request of advocate for Plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 3/5/2019 for N/M hearing at morning session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: None for Plff.
Adv. Mrs. Bhoir h/f Adv. Mrs. Vyavhare for MCGM/ Deft present.
KB - LO at 12.25 p.m.
Adv. Mr. Pratap Singh for Plff present.
Counsel Mr. Raees with Adv. Mrs. Bhoir h/f Adv. Mrs. Vyavhare for MCGM/Deft present.
Heard arguments of both side on N/M.
Adjd to 6/6/2019 for N/M order.
LO at 3.10 p.m.
Adv. Mr. Pratap Singh for Plff present and tendered draft Ch/s alongwith affidavit.
O. - Leave is granted to register the Ch/s.
Already adjd to 6/6/2019 for N/M order and service and reply to Ch/s.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Plaintiff present.  His advocate is absent.
Adv. Khandagle for Def. MCGM present.
l.o. at 3.15 p.m.
Adv. Pratap Singh for plaintiff present.
Ld. advocate. For plaintiff orally submits that in compromise talks between the parties, the developer has handed over draft agreement for approval to the plaintiff and the plaintiff has also approved the same with minor changes.  According to him the matter is likely to be settled amicably and the plaintiff will withdraw the suit on or before next date if the agreement will be executed.  Hence, adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd to 19.07.2019 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Mentioned by precipe.  NOB. TOB.
Adv. Khandagle with Adv. Raeez for MCGM/Def. present.
None for plaintiff.
Ld. Adv. for Def/MCGM orally submits that public project is being held up due to longer date and due to water logging during rainy season it may cause major problem in the area.  On oral request of ld adv for def./MCGM date is preponed to 01.07.2019.  Def. MCGM is directed to inform about preponement of date to the plaintiff well in advance.
Adjd to 01.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Plaintiff present, his advocate is absent.
Adv. Khandagle for MCGM/Deft. present.
Kept back.
Adv. Pratap Singh for plaintiff present.
   On 06.06.2019, oral statement was made by ld. Adv. for plaintiff that compromise talks are going on between the parties.  Ld. Adv. for the plaintiff submits today that the builder/developer is delaying the compromise with hope that if adverse order is passed against plaintiff it will benefit him.  On previous date i.e. 17.06.2019, matter was taken on board by defendant MCGM and it was stated that the order on NM be passed at the earliest to avoid water logging in the area.  Today the matter is inadvertently shown under the caption NM reply.  As the matter is preponed last opportunity is given to the plaintiff to bring on record compromise, if any, on or before next date.  As submitted rightly by the defendant MCGM the inter se dispute between the developer and plaintiff has no bearing on the issue of notice u/s 351 of MMC Act.  Therefore matter is now fixed for order on 05.07.2019.
Earlier order, if any, to continue till next date.
Adjd to 05.07.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
FRSR the following order is passed on NM No. 1275/18 -
ORDER
1.  Notice of motion No. 1275/2018 is dismissed.
2.  Costs in cause.
Ld. adv. for plaintiff requests for continuation of earlier order to prefer appeal.  Ld. Adv. for defendant MCGM opposes the prayer.   On oral request of ld. Adv. for plaintiff earlier order to continue for three weeks from today.
Authenticated copies be given to the both parties.
Adjd to 21.08.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 27-01-2020  for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Matter adjd to  06.03.2020  for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
 Matter adjd to  10.06.2020  for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: national lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 11-11-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv. Ms. Remedious for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 15/03/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Ms. Remedious for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 28/04/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to Covid - 19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file W/s. Time is granted as a last chance.
Adjd. To 11/10/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and filed Pursis for treating reply to NM as W/s. TOR and marked as Exh.4.
ORDER ON EXH.4
NM reply is treated as W/s.
W/S is now marked as Exh.5
Adjd. To 29/11/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Draft issues not tendered by both the parties. Hence, matter be kept for framing issues.
Matter is adjd to 07/02/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None for Plaintiff.
None for Defendant/MCGM, N/Ward.
Exh.6 - Issues are framed.
Adjd. To 22/04/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv Anjali Mishra h/f Adv R.D. Thorat for plaintiff present and requests for time to file evidence of plaintiff. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 04/07/2022 for filing plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: H.H.J. is on leave today.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Omkar Sawant h/f Adv. R. D. Thorat for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 12/10/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 09/12/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Issues are framed on 19/03/2022 and since then matter is pending for plaintiff\''s evidence but till today plaintiff not filed evidence. The roznama shows that since last 2 dates none appear for the plaintiff hence, matter kept for dismissal of suit for want of prosecution.
Adjd. to 23/01/2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 30/01/2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Rest of the same appearance.
Due to paucity of time matter, is adjourned till next date.
Adjd. to 22/02/2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 12/04/2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO
Due to paucity of time, matter is adjourned till next date.
Adjd. to 03.05.2023 for Suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO at 5.25 P.M.
Same appearance.
Adjd. to 14.06.2023 for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Keep back
L.O. 5.35 p.m.
Same appearance
Suit is year of 2018 and issues are framed 19.03.2022 and  since then matter is adjourned for plaintiff evidence. However roznama shows that since many date plaintiff and his advocate  are absent.  Therefore on 09.12.2022 matter adjourned and kept for dismissal of suit and thereafter adjourned time to time but none appeared for plaintiff. Today when called repeatedly plaintiff and his advocate are absent. No application for adjournment, this show that plaintiff is not interested to proceed with the suit. Hence I have no option to dismiss the suit for want  of prosecution hence, I have passed following order
ORDER
Suit is dismissed for default Under Order 9 Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-06-2023

TRANSFER APPL/100330/2018
NOTICE OF MOTION/101275/2018

Registration Number: 100869/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104271/2018
Filing Date: 21-03-2018
First Hearing Date: 27th March 2018
Decision Date: 14th June 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE