shri. Tanukhlal Laxmilal Kachara - Suit Stamp No.4267 of 2018VsMCGM And Ors

Date: 23-03-2018
Business: Adv.Mr.Holmagi for Plff.present.
Adv.for Plff. tendered original Registered N/m No.1243/18 t.o.r.
Adv.Mr.Giri for BMC/Deft present.
K.B.at 2.45 pm.
L.O.at 05.00 pm
Heard both the sides on ad interim .
Adjd.for ad interim order on 26.03.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 26-03-2018

Date: 26-03-2018
Business: Plff.and Adv.absent.
Adv.Mr.Giri for BMC/Deft present.
F.R.S.R.Following order is passed.
ORDER
1 The ad interim relief in terms of prayer clause(a) is allowed with a direction that MCGM to take steps for restoration of Electricity and Water Supply immediately on the notice structure.
2 Plaintiffs to communicate said order to the concerned authority of the MCGM.
3 The MCGM is directed to file detail reply to the N/m within two weeks.
Adjd.for N/m reply on 04.06.2018.
L.O.at 3.05 pm.
At this stage adv.for BMC filed an application for staying the effect of the aforesaid order.  It is t.o.r.and marked at Exh.2.
Order passed on it-other side to say.
Order below Exh.2
Perused application and say.  Heard.  By virtue of the orders in N/m No.1243/18, this court has directed the I am not inclined to stay the aforesaid order.  Hence application Exh.2 stands rejected.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2018

Date: 04-06-2018
Business: None present for plaintiff.
Adv. Mr. Giri for BMC present.
None present for defendant no. 2 to 8.
Defendant no. 1 filed reply to the N/M. t.o.r.
Original N/M is not tendered in court.
Adjd to 15.6.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2018

Date: 15-06-2018
Business: As Court is on leave, Board is discharged,  hence adjd. to 16.07.2018 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv.Mr. Holamagi for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 25.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv. Mr. Holamagi for Plaintiff present.
Adv. Mr. Giri for Defendant no.1 / BMC present.
None for Defendant no. 2 to 8.
Advocate Mr. Giri submitted that building is in dilapidated condition. The Advocate for Plaintiff denies the said contention and requested time for N/m hearing.
Considering the request.
O -Time granted for rejoinder/ N/m hearing.
The Plaintiffs are directed to give the undertaking that they are occupying suit premises at their own risk.
O - Earlier order to continue till next date.
Plaintiff is directed to register the suit.
Adjd. to 08.08.2018  for rejoinder/ N/m hearing and for
undertaking.
Next Purpose: REJOINDER
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Adv. Mr. Holmangi for plff. present.
Adv. MR. Giri for defendant /BMC present.
Plff. to give undertaking on or before 24.08.2018.
Adjd. for rejoinder and compliance to 24.08.2018
Next Purpose: REJOINDER
Next Hearing Date: 24-08-2018

Date: 24-08-2018
Business: Plff present. Adv for plff absent.
Adv Jyoti Mhatre for BMC/deft present.
Earlier order to continue till next date.
Adjd to 12/09/2018.
Next Purpose: REJOINDER
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv. Mr. Holamagi for Plaintiff present.
Adv. Ms. Mhatre for Defendant / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 24.09.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Adv. Holamangi for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
On 25.7.18 plaintiffs were directed to give undertaking that they were occupying suit premises at their own risk. Till today no such undertaking is given. Hence last chance granted to comply the aforesaid order failing which the order dt. 25.7.18 or ad-interim relief will automatically stand vacated on next date.
Matter adjd. to 19.10.18 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: None for plaintiff.
Adv. Shankar Parab with Adv. Mhatre for defendant no.1 / BMC present.
No undertaking is filed by the plaintiff.
Matter adjd. to 12.12.18 for Nm Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Adv. Holamagi for plff. present
Adv. Shankar Parab with Adv. Bhoir deft./BMC present
Plff filed undertaking. TOR as Exh. 3
Adjd to 14/01/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Adv Suit Holamagi for plff present.
Counsel adv Mr.Parab with adv Bhoir for BMC/deft present.
Adjd to 11/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: Plaintiff No.5 present.
Adv. for plaintiffs absent.
Counsel Adv. Mr. Parab with Adv. Bhoir for BMC/defendant present.
Kept back.
Later on.
Same appearances.
Adjd. to 18.02.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: None present for plff.
Adv Mrs.Bhoir for BMC/deft. present
Written arguments filed by adv for deft/BMC.
Copy received by the clerk of  plff\''s adv.
Adjd to 27/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Adv. for Plffs absent.
Plff No.2 present and tendered withdrawal pursis.
O. - filed.
Plff No.3 present and tendered withdrawal pursis.
O. - filed.
Plff No.4 present and tendered withdrawal pursis.
O. - filed.
Plff No.7 present and tendered withdrawal pursis.
O. - filed.
Plff No.8 present and tendered withdrawal pursis.
O. - filed.
Plffs No.1, 5 and 6 absent.
Adv. Mrs. Bhoir for MCGM/deft. No.1 present.
None for Defts No.2 to 8.
KB - LO at 2.55 p.m.
Plff No.5 present.
Plffs No.1 and 6 absent.
Adv. Mrs. Bhoir for MCGM/deft. No.1 present.
KB - LO at 3.40 p.m.
Earlier order, if any, to continue till next date.
Court busy in recording to hearing arguments in Suit No. 2046/16 (H/C time bound), orders in Suit No. 999/10, hearing on N/M in Suit No. 3539/14(H/C time bound) and urgent matters.  Hence, adjourned.
Adjd to 17/6/19 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Holmagi for plaintiff present.
Adv. Ms. Patil with Adv. Shankar Parab for Deft.1/MCGM present.
None for def. no. 2.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 09.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. M. V. Holamagi for Plaintiff present.
Counsel Adv. Mr. Shankar Parab with Adv. Mrs. Patil for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 06.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Plaintiff No. 3,4, 5 and 8 present.
Adv. Holamgi for plaintiffs present.
Adv. Smt. Patil for defendant No. 1/MCGM present.
Defendant No. 2 to 8 absent.
Earlier order, if any, to continue till next date.
Adjd to 29/08/2019 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: (Incharge Court of C.R.No.8)
Plaintiff Nos. 2, 3, 4, 5, 7 and 8 present. Their advocate absent.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 2.11.2019  for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. M.V. Holamagi for Plff present.
Plff No.5 is also present.
Adv. Hazare h/f Adv. Patil for Deft/MCGM present.
None for Deft Nos.2 to 8.
On oral request of Adv. for Plff.
Kept back -
LO
Adv. for Plff tendered application for continuation of earlier order.
Otherside to say.
Adv. Shakar Parab with Adv. Hazar h/f Adv. Patil for Deft No.1/MCGM present and given say on Exh.9.
Order
Heard both side.
The earlier order was continued till 2/12/2019.  On last date i.e. 10/12/2019 it was not continued.  Ld. Adv. Halamagi submitted that inadvertently it could not be allowed. Application is allowed.
Earlier order, if any, to continue till next date.
Adjd to 28/2/2020 for chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Plaintiff No.5 is present, his advocate absent.
Adv.Joshi for respondent.
Adv.Shankar Parab a/w Ms. Patil for MCGM/Defendant
No.1present.
Adv. for proposed defendant present.
 It is stated by Adv.Patil for copy of the ch/s is not filed on record. It is submitted by the plaintiff No.5 the Ld. advocate  Holamagi is not feeling well. That matter was pending for NM hearing since long. Corporation has filed written submission. Building is of dilapidated condition. Therefore, considering the illness of lawyer matter is adjourned  and with direction to file copy of ch/s, if any, in failure necessary order will pass.
Plaintiff No.1 present and filed plain withdrawal application. Therefore permissions allowed to withdrawal suit for plaintiff No.1. t.o.r. Exh-10.
 Matter adjd to  21.04.2020 for ch/hrg.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: None  for Plaintiff.
Adv. Mrs. Smita Chavan for Defendant No.1/MCGM present.
None for Defendant No. 2 to 8.
None for Respondent.
Plaintiff is directed to tender original regd. Ch/s. No. 2166/19 on
next date.
Earlier order, if any, to continue till next date.
Matter adjd to 10/11/2020 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: None for Plaintiff.
Counsel Adv. Mr. Shankar Parab with Adv. Mrs. Chavan for Defendant
No.1/MCGM is present.
None for Defendants No. 2 to 8.
The written argument on NM is also filed on 18/02/2020 by defendant
No.1/ Corporation. It reveals that withdrawal pursis filed by Plaintiff
Nos. 2 to 4 and 7 to 8.  The suit is withdrawn by Plaintiff No.1 and order
to that effect also passed.
The roznama reveals that no steps taken by Plaintiff Nos. 5 and 6 for
hearing of NM No. 1243/18, 1646/18, 1958/18 and Ch/s. No. 2166/19.
It is submitted by Adv. Parab counsel for Corporation that Plaintiff No. 5
and 6  has failed to file undertaking as per direction of the Court. If on
or before next date the direction dtd. 25/07/2018 is not complied by
Plaintiff No. 5 and 6, EOC would be vacated.
Plaintiff is directed to tender original NM No. 1646/18, 1958/18 and
Ch/s. No. 2166/19 on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 10/12/2020 for compliance by Plaintiff No. 5 and 6 as per order dtd. 25/07/18/NM and Ch/s. hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for Plaintiff.
Counsel Adv. Mr. Shankar Parab with Adv. Mrs. Chavan for Defendant No.1/MCGM is present.
None for Defendants No. 2 to 8.
The written argument on NM is also filed on 18/02/2020 by defendant No.1/ Corporation. It reveals that withdrawal pursis filed by Plaintiff Nos. 2 to 4 and 7 to 8. The suit is withdrawn by Plaintiff No.1 and order to that effect also passed.
The roznama reveals that no steps taken by Plaintiff Nos. 5 and 6 for hearing of NM No. 1243/18, 1646/18, 1958/18 and Ch/s. No. 2166/19.
It is submitted by Adv. Parab counsel for Corporation that Plaintiff No. 5 and 6 has failed to file undertaking as per direction of the Court. If on or before next date the direction dtd. 25/07/2018 is not complied by Plaintiff No. 5 and 6, EOC would be vacated.
Plaintiff is directed to tender original NM No. 1646/18, 1958/18 and Ch/s. No. 2166/19 on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 19/12/2020 for compliance by Plaintiff No. 5 and 6 as per order dtd. 25/07/18/NM and Ch/s. hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None for Plaintiff.
Adv. Shankar Parab with Adv. Mrs. Chavan for Defendant/MCGM present.
This is an application to take action against Plaintiff No. 5 and 6 for not filing undertaking and compliance of order dtd. 25/07/2018. T.O.R. and marked as Exh.11.
O - Other side to say.
Matter adjd to 14/01/2021 for Say of Plaintiff on Exh.11.
Next Purpose: FILING SAY
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Court is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Holamagi for plaintiff no.5 and 6 present.
Adv. Shankar Parab with Adv. Ms. Smita Chavan for deft no.1/
 MCGM present.
None for deft nos. 2 to 8.
It is submitted by advocate for plaintiff, I assured to give undertaking of plaintiff no. 5 and 6. In failure, Court may be passed necessary order. It is submitted by advocate for plaintiff no.5 and 6 that plaintiff no.6 is not in his contact.
Matter adjd to 09/03/2021 for Say of Plaintiff on Exh.11.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 08/04/2021 for filing Undertaking by plaintiff no.5 only/Ch/s Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 06/05/2021 for filing Undertaking by plaintiff no.5 only/Ch/s Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1/ MCGM present.
None for defendant  nos.2 to 8.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for filing undertaking by  plaintiff no.5 only / Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv Jaya Jadhav  for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM present.
Adv P.B. Joshi h/f Adv Bipin Joshi for defendant  no.4 to 7 present and seeks time to file reply to the Ch/s.
Adjd. To 16/10/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per office Order No.213/2021 dated 12/10/2021, holiday is declared on 16/10/2021. Hence, board of dated 16/10/2021 is discharged and mater is adjourned to 23.10.2021.
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None for plaintiff.
Adv. Shankar Parab with Adv Mrs Rawade for defendant / MCGM present.
Plff is directed to tender original registered Ch/s No.2166/19 along with affidavit in support on next date and also serve upon Defendants till next date.
Matter is adjd to 21/12/2021 for reply and hearing on Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: None for plaintiff. Adv. Rawade for MCGM present. Today matter is fixed for reply and hearing on chamber summons. The roznama shows that many times, direction was given to the plaintiff to tender original chamber summons 2166/19. But till toady, plaintiff has not filed on record the same. Matter also fixed for filing undertaking of plaintiff no.5, but plaintiff no.5 never appeared and given undertaking. Hence, chamber summons be kept for reply/dismissal. If plaintiff failed to comply the order, chamber summons No.2166/2019 will be dismissed for want of prosecution. Matter is adjd to 24/2/2022 for Ch/s reply/ dismissal.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Holamagi for plaintiff present.
Adv Shankar Parab with Adv Mrs Rawade for defendant no.1 / MCGM present.
None for defendant nos.2 to 8
Plaintiff is directed to tender original registered Ch/s No.2166/2019 alongwith affidavit in support thereof till next date.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2022 for Ch/s reply / dismissal.
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None for plaintiff.
Adv Shankar Parab with Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant nos.2 to 8.
Plaintiff is directed to tender original registered Ch/s No.2166/2019 along-with affidavit in support thereof till next date.
Earlier order, if any, to continue till next date.
Adjd. To 07/04/2022 for Ch/s reply / Ch/s dismissal.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Holamagi for Plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 14/06/2022 for CS reply/Ch/s. dismissal.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. M. V. Holamagi for plaintiff present.
MCGM counsel Adv. Shankar Parab with Adv. Rawade for defendant/MCGM.
Earlier order, if any, to continue till next date.
Adjd. To 12.07.2022 for Ch/s Reply/ Ch/s Dismissal.
Next Purpose: C/S REPLY
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
None for deft. Nos. 2 to 8.
Plaintiff is directed to tender original Ch/S No. 2166/2019 along with affidavit in support thereof on next date.
Earlier order, if any, to continue till next date.
Adjd. to 26/07/2022 for Ch/S reply/ compliance by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: CORAM - H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Holamagi for plaintiff present.
None for Defendant No.1/MCGM, N/Ward.
None for Defendant Nos. 2 to 8.
Earlier order, if any, to continue till next date.
Adjd. to 23/08/2022 for Ch/S reply/ compliance by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
K.B.
L.O. at 04.50 p.m.
None present for plaintiff when called repeatedly upto 04.50 p.m. On 23/09/2021 plaintiff is directed to tender original N/M Nos.1646/2018, 1958/2018 and Ch/S No. 2166/2019. However, plaintiff is not complied said directions. Thus, plaintiff is directed to tender above said N/M and Ch/S till next date otherwise N/M and Ch/S will be dismissed for default.
Counsel Adv. Shankar Parab with Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 30/08/2022 for N/M and Ch/S dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Holamagi  for plaintiff present.
Adv. Mrs. Rawade for defendant no.1/ BMC present.
None for Defendants No. 2 to 8.
Earlier order, if any, to continue till next date.
Adjd. to 22/09/2022 for N/M and Ch/S dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. Holamagi for plaintiff present.
Counsel Adv. Shankar Parab with Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 11/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Anilkumar h/f Adv. Holamagi for plaintiff present.
Counsel Adv. Shankar Parab with Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present.
None for deft. Nos.2 to 8.
Plaintiff is directed to tender original Ch/S No.2166/2019, N/M No.1646/2018 and N/M No.1958/2018 on next date.
Plaintiff is directed to serve N/M and Ch/S on other side till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for service and compliance by plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Holamagi for plaintiff present.
None for defendant No.1/ BMC.
None for deft. Nos.2 to 8.
Earlier order, if any, to continue till next date.
Adjd. to 17/11/2022 for service and compliance by plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
None for deft. Nos.2 to 8.
Plaintiff is directed to tender original Ch/S No.2166/2019, N/M No.1646/2018 and N/M No.1958/2018 on next date.
Plaintiff is directed to serve N/M and Ch/S on other side till next date.
Earlier order, if any, to continue till next date.
Adjd. to 13/12/2022 for service and compliance by plaintiff.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Plaintiff No.5 present, his advocate absent.
None for other plaintiffs.
Counsel Shankar Parab with Adv. Mrs. Rawade for defendant/ BMC is present.
Plaintiff is directed to tender original N/M Nos.1646/2018, 1958/2018 and Ch/S No.2166/2019 till next date, failing which, above said N/M and Ch/S will be dismissed for non compliance.
Adjd. to 22/12/2022 for compliance by plaintiff and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None for plaintiff.
Counsel Shankar Parab with Adv. Mrs. Rawade for defendant No.1/ BMC is present.
None for deft. Nos.2 to 8.
Matter is adjourned for dismissal of N/M and Ch/S for non compliance of order dated 13/12/2022 directing the plaintiff to tender N/M and Ch/S.
Adjd. to 12/01/2023 for dismissal of N/M and Ch/S.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for plaintiff.
Counsel Shankar Parab with Adv. Mrs. Rawade for defendant/ BMC is present.
Following order is passed on N/M Nos.1958/2018, 1646/2018 and Ch/S No.2166/2019-
O R D E R
     When called upto 03.55 p.m. none present for plaintiff. N/M Nos.1958/2018, 1646/2018 and Ch/S No.2166/2019 are pending for hearing. The plaintiffs are directed to tender original N/M and Ch/S in the Court but inspite of directions plaintiffs have not yet tendered N/M and Ch/S. Thus, the plaintiffs have not complied the order dated 13/12/2022. Today, none present for plaintiff. Hence, I pass following order-
O R D E R
N/M Nos.1958/2018, 1646/2018 and Ch/S No.2166/2019 are dismissed for non compliance of order dated 13/12/2022.
Adjd. to 16/03/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: None for plaintiff.
Adv. Mhatre for defendant/ BMC is present.
Adjd. to 15/06/2023 for No W.S. order.
Next Purpose: ORDER
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Advocate M.V. Holamagi for plaintiff present.
Advocate Mhatre for defendant No. 1/BMC present and submitted that corporation going to file pursis adopting its reply to NM as WS and requested to keep back. Hence, keep back
None present for defendant No. 2 to 8
L.O. 5.50 p.m.
Adv Counsel Shankar Parab a/w Mhatre for corporation filed pursis adopting  reply as a WS. and marked as Exh. 12 O- Read and Recorded
WS of defendant NO. 1 marked as Exh. 13
None present for defendant No. 2 to 8
Adjd to  15.07.2023   for  taking steps against defendant No. 2 to 8
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff
Counsel Adv. Shankar Parab a/w Advocate Mhatre for defendant/BMC present.
Adjd to 12.09.2023 for steps against defendant No. 2 to 8
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Matter already Adjd to 26.10.2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No.1/BMC present.
none present for plaintiff. Hence matter adjourned for service of NM to deft No. 2 to 8
Adjd  to  07.12.2023    for  Service
Next Purpose: SERVICE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Adv  Ansari Sahil for plaintiff No. 6 present and not pressed NM No. 3541/2023. Hence NM is disposed of accordingly.
None present for other plaintiff’s
Advocate Mhatre for defendant No. 1/BMC present and submitted she will be taking NM for dismissal of suit as structure has been demolished.
service of writ of summons on deft No. 2 to 8
Adjd  to 23.01.2024 for Hearing on issues and service of writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: None present for plaintiff’s
Counsel Adv. Shankar Parab a/w Advocate Mhatre for defendant No.1/BMC present
None present for deft No. 2 to 8
The suit is of year 2019 but plaintiff has not filed affidavit of service of writ of summons to deft No. 2 to 8. Therefore writ of summons be served to defendant No. 2 to 8   through Bailiff of office of the  Sheriff of Mumbai. Plaintiff to provide copies of  plaint and annexure to served upon the defendant within seven days.
Adjd  to 16.04.2024   for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No.1/BMC present.
None present for deft No. 2 to 8.
Adjd  to  20.06.2024  for service of writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: None present for plaintiff
Advocate  Metakari for defendant/BMC present.
None present for D- 2 to 8
the suit is of 2019 and pending for service of writ of summons upon D- 2 to 8. However plaintiff has not taken steps to serve writ of summons. Since last two dates  none appeared for plaintiff. Hence matter adjourned and kept for dismissal of suit against deft No. 2 to 8 for want of prosecution.
Adjd  to 20.07.2024   for dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Advocate Holamagi for plaintiff present.
Advocate Metakari for defendant No.1/BMC present.
Plaintiff requested time to serve writ of summons upon deft No. 2 to 8, matter adjourned for steps aginst deft No. 2 to 8/ dismissal of suit for want of prosecution.
Adjd  to  22.08.2024    for dismissal of suit/ Taking steps
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: None present for plaintiff
Adv. Metakari for defendant No.1/BMC present.
The suit is of year 2019 and pending since long for service of writ of summons upon deft no. 2 to 8 but inspite of sufficient opportunity plaintiff has not taken steps to serve writ of summons. Therefore as per order dated 20.06.2024 matter is kept for dismissal of suit against deft No. 2 to 8 and adjourned to 20.07.2024. On that day Adv for plaintiff requested time to serve writ of summons but today none present for plaintiffs.
Keep back
Later on 2.50 p.m
Same appearance
Adv. Holamagi for plaintiff present and submitted that client is not feeling well and requested time to take steps. The suit is of year 2019 and repeatedly adjourned on request of plaintiff for taking steps against deft No. 2 to 8 but no steps taken by plaintiff. However as a last chance time is granted till next date otherwise suit will be dismissed for want of prosecution.
Adjd  to   01.10.2024   for dismissal of suit/ Taking steps
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: None present for plaintiff’s
Advocate  Metakari  for defendant No. 1/BMC present.
None present for other defendants.
Keep back till 12.30 p.m
Later on 4.49  p.m
Adv  Holamagi  for plaintiff submitted that suit against deft. No. 2 to 7 to be dismissed and suit to proceed rest of the defendants.  Adv for plaintiff requested time to take steps against deft No. 8.  Since many dates suit pending for taking steps against deft No. 8 inspite of sufficiently time of opportunity. On previous date matter was adjourned on request of Adv of plaintiff for service writ to summons upon defendant No. 2 to 8 but no steps taken against deft No. 2 to 8. This shows that plaintiff is not interested for taking steps. However matter adjourned as a one more last chance for taking steps against deft No. 8 if plaintiff failed to take steps or to serve writ of summons upon deft No. 8, suit will be dismissed against deft No. 8.
Issue writ of summons against deft No. 8
Adjd  to  05.11.2024  for  service of writ of summons upon deft No. 8/ dismissal of suit aginst deft No. 2 to 8.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Holamagi for plaintiff present.
Advocate  Nagarthawar h/f Swapnil Bharti for defendant No.1/BMC present.
None present for plaintiff when called. Matter adjourned for writ of summons against deft No. 8/ dismissal of suit against deft No. 2 to 8.
Adjd  to 21.01.2025  for service of writ of summons against deft No. 8/ dismissal of suit against deft No. 2 to 8
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Adv. Mr. Swapnil Bharti for defendant No.1/MCGM is present. The suit is  adjourned for dismissal against defendant Nos. 2 to 8.
Adjourned for dismissal to 15.03.2025.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Adv. Mr. Swapnil Bharti for defendant No.1/MCGM is present. Rest of the defendant are absent.
Adjourned for dismissal to 21.06.2025.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
	Instant suit is filed in the year 2019 and pending since long for service of writ of summons upon defendant Nos. 2 to 7. Despite numerous opportunities till today no positive steps have been taken by the plaintiff to proceed against defendant Nos. 2 to 7. Even the roznama dtd 01.10.2024 authored by my Ld. Predecessor speaks into volume that Ld. Adv for the plaintiff himself submitted that the suit against defendant Nos. 2 to 7 may be dismissed and it be proceed further against rest of the defendants. Despite such submissions on last three occasion opportunities were conferred upon plaintiff to do the needful. However all in vain.  Thus there remains nothing more to ponder over.  Hence, the suit stands dismissed against defendant Nos. 2 to 7 vide Order IX, Rule 2 of the Code of Civil Procedure, 1908.  Suit to proceed against rest of the defendants ie defendant Nos. 1 and 8.
	Upon perusal of record it reveals that till date no steps have been taken against defendant No. 8. The matter was adjourned for writ of summons against defendant No. 8. In the interest of Justice last opportunity is granted for taking steps.
Adjourned for service of writ of summons against def No. 8/NM hearing/dismissal to 02.08.2025.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
keep back
Later on 1.05 pm
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
Keep back
Later on at 3.00 pm
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
Keep back
Later on at 4.30 pm.
None present for plaintiff No. 5.
None present for plaintiff No. 6.
Rest appearance is as above.
	It appears that suit is already withdrawn by defendant No. 1 to 4 and 7, 8. The suit proceeded ahead with plaintiff No. 5 and 6. Due to non service of writ of summons instant suit is already dismissed against defendant No. 2 to 7. As on today plaintiffs were directed to take steps as regards service of writ of summons upon defendant No. 8 but all in vein. In the circumstance, present suit stands dismissed for default against defendant No. 8 vide Order IX Rule  2 of the Code of Civil Procedure, 1908.
	It is apparent from record that plaintiffs are consistently absent and they are not taking any steps to proceed with the suit. So also it reveals from record that till date plaintiffs Nos. 5 and 6 have not filed undertaking as per direction of this Court vide Order dtd 25.07.2018. Thus plaintiffs have flouted Order of the Court. Even it is visible from record that no steps are being taken to proceed with NM bearing No. 1243/2018. This calls for disapproval of the same. In the even I proceed to pass separate Order in NM.
The following Order is passed in Notice of Motion No. 1243/2025:
ORDER
	It is apparent from record that plaintiffs are consistently absent and they are not taking any steps to proceed with instant NM. The NM is very old and prolonging unnecessarily. With such conduct, I believe, the plaintiffs have lost their interest in the suit as well as NM. Even on many occasions None has represented them before the Court. In the event considering the conduct of the parties, I perceive present NM deserves dismissal for default. Thus present NM is dismissed in default and disposed of accordingly.
Adjourned for Compliance of undertaking/dismissal to 20.09.2024
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-08-2025

Registration Number: 101243/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104397/2018
Filing Date: 23-03-2018
First Hearing Date: 23rd March 2018
Decision Date: 02nd August 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE