Date: 26-03-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. E. A Gonsalves for plaintiff tenders draft NM with affidavit seeking ad-interim relief that the defendants should not implement the notice issued U/s 351 and order dtd. 13.03.2018. Leave to register NM is granted. Adv. Dhumale for BMC submits that the concerned officer will remain present on 27.03.2018 for the purpose of hearing of ad-interim reliefs and filing documents. Ld. Adv. for plaintiffs apprehends demolition of the notice structure. Adv. Dhumale made a submission that no coercive action will be taken by the defendants against the suit structure till 27.03.2018. His statement is accepted and taken on record. Copy of this order duly authenticated by Sheristedar of this court be supplied to both the parties.
Adjd. for arguments on ad-interim reliefs at 2.45 pm on 27.03.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-03-2018
Date: 27-03-2018
Business: On the other hand the Ld. Adv. for defendant corporation tender copy of complaint dtd. 04.07.2017 upon which the action has been initiated against the plaintiff. He also relied on copy of first inspection report where in it is mentioned that the nature of structure is in the form of existing structure and it is unauthorized construction of various rooms in open terrace at fourth floor. He has also filed certain photographs showing the rooms.
Considering the copies of documents placed on record by both the parties, it is necessary that the defendant should file detailed reply with documents by which it has come to a conclusion that there was open terrace on the fourth floor and the plaintiff has raised unauthorized construction of various rooms. Mr. Patle, JE and Adv. Dhumale for BMC submits that the reply will be filed on 17.04.2018. In the meantime both the parties are directed to maintained status-quo at the notice structure. Adjd. for reply and arguments on NM to 17.04.2018
Next Purpose: REPLY
Next Hearing Date: 17-04-2018
Date: 17-04-2018
Business: Resumed.
Adv. Gonsalves for plaintiff tender original writ of summons.
Adv. Vyas with Adv. Dhumale for BMC and Mr. Patle, JE, are present. Defendant tendered affidavit in reply. O - R and R.
Adv. Gonsalves seeks time to file rejoinder and undertakes to serve the copy in advance to defendant.
Adjd. For arguments on NM no. 1286/2018 to 24.04.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-04-2018
Date: 24-04-2018
Business: Resumed.
None for plaintiff when called out. Adv. Vyas with Adv. Dhumale for BMC is present.
Adjd. For NM arguments to 03.05.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Business: Resumed.
The P.O. is busy in hearing of NM in suit NO. 138/2018 and passed order on NM No. 1620/2018 in Stamp No. 5514/2018.
Adjd for NM arguments to 07.06.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-06-2018
Date: 07-06-2018
Business: Resumed.
The P.O. is busy in hearing of NM No. 4136/2015 in Suit No. 983 of 2015 and Judgment in Suit No. 948/2018, order on Ch/s no. 282/2017 in Suit No. 1063/2015. For want of time the board is discharged.
Adjd for NM arguments to 24.07.2018
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Resumed.
Adv. Gonsalves for plaintiff and Adv. D.K. Vyas, Adv. Dhumale and Jr. Engineer Mr. Suraj Khude for MCGM are present.
Adv. Ms. Gonsalves filed affidavit in support. O- R and R.
Heard respective advocates on NM No. 1286/2018.
Advocate Vyas seeks time to submit legible copy of notice and repair plan. Adv. Gonsalves prays for continuation of status -quo order. It appears from roznama that it was not continued after 27.03.2018. Adv. Vyas submit that till next date defendant will not take any action against the notice structure. His statement is accepted and taken on record.
Adjd for part arguments to 31.07.2018
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Resumed.
Adv. Gonsalves for plaintiff and Adv. Vyas with Adv. Dhumale for MCGM
Adv. Vyas tendered copy of assessment extract and plan. O- Filed.
Adv. Gonsalves tendered affidavit and compilation of documents. O- R and R.
Heard, respective advocates on NM.
Adjd for orders on NM to 06.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Resumed.
Adv. Ms. Gonsalves for plaintiff is present. Earlier order if any to continue till the next date.
Adjd for NM orders to 10.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Resumed.
Adv. Gonsalves for plaintiff is present.
Earlier order if any to continue till the next date.
The P.O. is busy in dictating judgment in Suit Nos 2814/2009, 2815/2009, 2816/2009 and 2817/2009 and hearing of ad-interim in Suit no. 2011/2018 and 2012/2018 and Suit No. 3068/2007. For want of time the board is discharged.
Adjd for NM orders to 20.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Resumed.
Adv. R. Gonsalves h/f. Adv. E. Gonsalves and Adv. Ms. Patil h/f. Adv. D. K. Vyas for MCGM
FRSR following order is passed-
ORDER
1. The Notice of Motion No. 1286 of 2018 is dismissed.
2. Parties to bear their own costs of the motion
3.Stay is granted till 17/09/2018 with a direction that it will not be extended further on any count with a further direction that in case the plaintiff is preferring an appeal, minimum 48 hours notice be given to the defendants.
Adjd for written statement to 24.09.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Resumed.
Adv Mr. R. Gonsalves for plaintiff is present.
Matter pertains to \''C\'' ward. According to him an AO is filed against order dated 20/08/2018 and stay has been granted .
Adjourned for w/s to 04/12/2018
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Resumed.
Adv. R. Gonsalves for plaintiff and Adv. Dhumale for MCGM are present.
In order to maintain proper record the following Exh. are marked.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Adv. Gonsalves submitted copy of judgment dtd. 0110.2018 passed in A. O. (st) no. 26484/2018 passed by the Hon\''ble High Court (Coram - Dr. Shalini Phansalkar Joshi, J.) whereby the statement of ld. Counsel for MCGM was recorded to the effect that the MCGM was withdrawing the impugned notice dtd. 01.01.2011 with a permission to issue fresh notice under section 351 of MMC Act etc. It was further directed in view of the same the cause of action no more survives and therefore, both the appeal and the suit became in-fractious and stood dismissed.
In view of the same noting survives in the suit. The suit is already stood dismissed in view of the aforesaid order.
An ordinary copy of this roznama duly authenticated by Sheristedar of this Court be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 04-12-2018