Mr. Rizwan Ahmed Mahmood ShaikhVsThe Asst. Municipal Commissioner +1 more

Date: 07-10-2020
Business: NOB TOB (By preceipe)
Adv. Ansari Asggar Kalim for Plaintiff present and tendered draft NM along with affidavit in support, taken on record.
O -  Leave granted to register the NM, till next date.
He also tendered original Writ of Summons and affidavit of service, taken on record.
Advocate for Plaintiff also tendered list of documents, t.o.r. and marked as Exh.2. Copy is served to other side.
Adv. Khandagale for Defendant/MCGM present and tendered affidavit of documents, t.o.r. and marked as Exh.3. Copy is served to other side.
It is admitted fact, as earlier Suit Stamp No. 4017/2020 was filed by the same party against the Corporation on the basis threats given by the BMC Officer. Now this Suit is filed challenging notice dtd. 27/07/2020 and speaking order dtd. 28/07/2020. Advocate Khandagale has strong objection for order in favour of Plaintiff.
Mr. Manoj Hulge, Junior Engineer, (B and F), M/E ward, MCGM, is present. He is directed to confirm the status of online application dtd. 06/10/2020 filed by the Plaintiff for regularization of the Mobile Tower i.e. Suit structure.
Heard both Ld. advocates. It is necessary to verify the authenticity of the online application filed by the Plaintiff as it is addressed to Executive Engg. (B and F) rather Deputy Chief Enginner. The Officer is directed to submit status report within two weeks. Corporation should not take any coercive action till next date.
Authenticated copies be given to the both parties.
Matter adjd to 04/11/2020 for status report by BMC.
Next Purpose: REPORT
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Ansari Asggar Kalim for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for status report by MCGM.
Next Purpose: REPORT
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Asgar Ansari Kalim for plaintiff present.
Adv Khandagale for Defendant No.1 and 2 /MCGM present and requests for time to file status report. Time is granted till next date.
None for deft No.3.
Earlier order, if any, to continue till next date.
Matter adjd to 26/04/2021 for filing status report by deft no.1 and 2/MCGM.
Next Purpose: REPORT
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests  for time to file status report. Time is granted till next date.
Plaintiff is directed to tender original registered NM NO.1411/2020 alongwith affidavit in support thereof, on next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/08/2021 for status report by defendant / MCGM.
Next Purpose: REPORT
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv. Ansari Asggar Kalim for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 18/10/2021 for filing status report by defendant / MCGM.
Next Purpose: REPORT
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office Order No.213/2021 dated 12/10/2021, holidays are declared on 16/10/2021 and 18/10/2021. Hence, board of dated 18/10/2021 is discharged and mater is adjourned to 27.11.2021.
Earlier order, if any, to continue till next date.
Next Purpose: REPORT
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file Status Report. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/01/2022 for filing status report by Defendant/MCGM.
Next Purpose: REPORT
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 07/02/2022 for filing status report by Defendant/MCGM.
Next Purpose: REPORT
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: REPORT
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 2.45 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.25 p.m.
Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and tendered Status report. TOR and marked as Exh.4. Copy is served to the advocate for plaintiff.
Mr Yogesh Dalvi, Jr Engineer, B and F Dept., M/E Ward, MCGM present.
              Today the advocate for defendant / MCGM filed on record status report. The status report shows that the online application was rejected on 26.10.2020 and as on today status of the said online application is rejected status. Therefore, the advocate for defendant / MCGM strongly opposed for continuation of earlier order. The advocate for plaintiff submitted that he has to verify whether concerned architect has submitted necessary documents as require to process the proposal or not. Therefore, protection given to him be extend.
          Perused the status report and order passed dated 07.10.2020. Heard both advocate at length.
                The protection was given to the plaintiff till verification of online application filed by the plaintiff on 06.10.2020 for the regularization of the mobile tower. Now, the status report shows that said online application for regularization of mobile tower is rejected, therefore plaintiff is not entitle for continuation of protection or continuation of earlier order.
             If plaintiff have urgency in the matter and wants protection in his favour, NM can be taken for hearing at any time.
Defendant is directed to file reply to NM and serve copy of it in advance to the plaintiff.
                The advocate for plaintiff file application for grant of stay to above order as he wants to file appeal against above order. The advocate for plaintiff prayed for granting stay for the period of 4 weeks to enable him to file the appeal before Honble High Court.
                The advocate for the defendant/ MCGM strongly opposed for granting stay to the above order.
                Having heard both sides and on going through the Roznama, it reveals that protection was given to the plaintiff on 07.10.2020 and since then it is continued till today. Today I have refused to extend the protection to the plaintiff. Considering the fact of previous protection and order is executable, therefore two weeks time is granted to the plaintiff, till then execution and operation of the order be stayed i.e upto 11.03.2022.
Authenticated copy of Roznama be given to both the parties.
Adjd. to 18/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv Jyoti Mishra h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present  and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 06/07/2022 for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Jyoti Mishra h/f Adv. Ansar Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 19/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Shirish Shigvan for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendants / BMC is present and requested for time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Matter is referred for National Lok-Adalat will be held on 30.04.2023.
Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
Adjd. to 30.04.2023 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
None present for plaintiff
Advocate Suryawanshi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 19-07-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Dt:19.07.2023
SU  1112/20
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to  continue till next date.
Adjd to 20.09.2023 for NM Reply
                                                                                Judge
Next Purpose: REPLY
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: Adv. Mrs. A. A. Kalim for plaintiff present
Mrs. Mhatre h/f. Mr. Suryavanshi for D/1 and 2/BMC present
Adv. Mrs. Mhatre for BMC seeks time to file reply to N/M and C/S.-Granted.
Interim relief to continue till nex date
Adjd. to 29/11/2023 for C/S. and N/M reply and for service report against D/3.
Next Purpose: C/S REPLY
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  07.02.2023.  for NM Reply
Next Purpose: C/S REPLY
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: None for plaintiff.
Advocate Suryawanshi  for defendant/BMC present and requested time to file N/M reply. Granted.
Earlier order, if any, to continue till next date.
Adjd  to 18.03.2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv Ansari Kalim for plaintiff present.
Advocate  Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  24.06.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Advocate Ansari Kalim for plaintiff present.
Advocate Boltawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted
Earlier order, if any, to continue till next date.
Adjd  to 23.09.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: Advocate Ansari  for plaintiff present submitted that in second session he has to go Bandra to attend Ground Breaking ceremony of High Court Building and requested adjournment.
Advocate  Honmane  for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted
Earlier order, if any, to continue till next date.
Adjd  to   06.12.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ansari Kalim for plaintiff present
Advocate   Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Writ of summons below Exh. 6 has been served upon 05.10.2020 but BMC has not filed WS. Statutory period for filing WS is over. Hence suit to proceed without WS of BMC. Hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd  to  03.02.2025    for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Nikita Kamble h/f Adv. Mr. Ansari Kalim for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order, if any, to continue till next date.
Adjourned for NM hearing ( No reply) to 24.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is posted for NM dismissal. Adv. Ms. Sujata Puri for defendant/ MCGM is present. Earlier Order, if any, is continued till the next date.
Adjourned for NM Dismissal (LN) to 07.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present. He submitted that AO is pending before Hon’ble Bombay High Court and the interim Order passed therein is continued till date. On his request, the caption is changed. Adv. Ms. Sujata Puri for defendant/MCGM is present. By consent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for Lok-adalat to 10.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: Matter pertains to Court Room No.04
None present for plaintiff
Adv. Sujata Puri for defendant/BMC present.
Not settled.
Matter be posted to 21/07/2025 for same stage from which matter was referred to lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Ansari for the plaintiff is present. Adv. Ms. Vyavhare for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 11-08-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
keep back
Later on at 4.20 p.m
Adv. Mr. Krutik Kamble h/f Adv. Mr. Ansari for the plaintiff is present and sought time to argue in NM. Time is granted.
Rest appearance is as above.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing ( No reply ) to 17.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Ansari Kalim  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
NM was not argued, hence NM is kept for dismissal in default.
Adjourned for NM dismissal to 03.11.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM dismissal to 17.01.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Not on Board Taken on Board
There appears element of settlement. Hence, matter is referred to ensuing Lok-Adalat.
Issue notice to the parties.
Adjourned for Lok-adakat report to 13.12.2025
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025

Date: 13-12-2025
Business: Matter pertains to Court Room No.04
None present for plaintiff.
Adv. Ms. Vidya V. Vyavahare for defendant/BMC is present.
Matter not settled.
Matter be posted to 25.02.2026 for appearance.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM.  Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 1411/2020 stands dismissed for want of prosecution and finally disposed of.
Adjourned for writ of summons to 06.05.2026
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, his NM No. 1411/2020 also stood dismissed for want of prosecution on 25.02.2026. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2020. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-05-2026

NOTICE OF MOTION/101411/2020

Registration Number: 101112/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104167/2020
Filing Date: 07-08-2020
First Hearing Date: 07th October 2020
Decision Date: 06th May 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE