Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: None for plaintiff.
Adjd. To 13/10/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: H.H.J. is on half day leave (Morning Session)
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Mr.P.N.Kulkarni present for the plaintiff and tendered draft NM alongwith affidavit in support thereof. TOR. Leave is granted to register the NM, returnable on next date. Copy be served to other side. He also tendered writ of summons TOR
Adv. Mrs. Tondwalkar for Defendant /MCGM is present.
Mr.Narayan Matkar, SR Estate Inspection of ME Ward, MCGM present.
Adv for the plaintiff is directed to serve the copy of plaint upon defendant till next date.
Matter is adjd to 13.12.2021 for ad interim.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv P.N. Kulkarni for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 2.55 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 3.45 p.m.
Adv P.N. Kulkarni for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On oral request of advocate of plaintiff to argue on ad-interim reliefs, matter is adjourned to 15.12.2021.
Adjd. To 15/12/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and submitted that the copy of Plaint and documents not served on defendant. So plaintiff is directed to comply the same.
Adjd. To 28/01/2022 for compliance / service/ ad-interim hearing.
Next Purpose: HEARING
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.
Adjd. to 21/02/2022 for compliance / service/ ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: HHJ is on leave.
Next Purpose: HEARING
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: As Court is busy in dictating Judgment in HCTB Suit No. 2622/16, board is discharged.
Adjd. To 15/06/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: H.H.J. is on leave today.
Next Purpose: HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
K.B.
L.O.
Adv. P. N. Kulkarni for plaintiff present and requested time to argue on ad-interim. Time is granted till next date.
Adjd. to 29/08/2022 for ad-interim hrg.
Next Purpose: HEARING
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: H.H.J. is on leave.
Next Purpose: HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Plaintiff present, her advocate absent.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for ad-interim hrg.
L.O.
None for plaintiff.
Rest of the same appearance.
Adv. for deft./BMC submitted that she has not yet received copies of plaint and documents and only writ of summons is served by plaintiff.
Plaintiff is directed to serve copies of plaint and documents to other side till next date. Plaintiff also directed to register the N/M and serve copy upon defts. till next date.
Adjd. to 25/11/2022 for service of plaint and N/M.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
Adjd. to 27/01/2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: As Court is on leave, board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Court is on leave.
Matter adjourned on 17.08.2023
Next Purpose: SERVICE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
By order dated 28.09.2022 plaintiff was directed to serve plaint and documents to Adv for deft/BMC and to get register NM. However plaintiff has not filed compliance report and not get register the NM. Hence matter adjourned for dismissal of suit for want of compliance.
Plaintiff has not affixed court fees to NM and affidavit in support. Hence plaintiff is directed to pay requisite Court fees. Matter adjourned for compliance and necessary order.
Adjd to 10.01.2024 for Compliance and necessary order
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
It appears the Writ of summons is already is in R & P hence it is marekd as Exh. 5. Plaintiff has not affixed to the NM. Therefore plaintiff is directed to pay the Court fees on NM till next date.
Adjd to 27.03.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Plaintiff is directed to register Notice of Motion till next date.
Adjd to 26.06.2024 for Compliance and NM Reply
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Plaintiff is directed to register Notice of Motion till next date.
Adjd to 25.09.2024 for Compliance and NM Reply
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: Adv Kharatmol for plaintiff present and undertakes to file VP on next date. He also requested time to get register NM. Hence time is extended.
Advocate Botlawar for defendant/BMC present.
The suit is of year 2021 and it is pending since long for registration of NM and Nm Reply.
Writ of summons below Exh. 6 has been served on 16.03.2021 but deft/BMC failed to filed WS. Statutory period for filing WS is over. Hence suit to proceed without WS of deft/BMC.
Adjd to 13.01.2024 for NM reply ( Without WS)
Next Purpose: REPLY
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Anil Kharatmol for the plaintiff is present and and tendered registered NM Nos. 5296/2024 with affidavit. He undertook to file VP on behalf of the plaintiff. Time is granted strictly as a last chance. Adv. Mr. Swapnil Bharti h/f 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.
Adjourned for NM hearing (No reply)/R.E (No WS) to 17.02.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2025
Date: 17-02-2025
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 dismissal. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for NM dismissal/RE(No WS) to 18.06.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Later on at 4.30 pm
None present for the plaintiff. Rest of the appearance is same
Later on at 4.45 pm
None present for the plaintiff. Rest of the appearance is same .
The following Order is passed in Notice of Motion No.5296/2024.
O R D E R
Today the Notice of Motion was fixed for hearing wherein neither plaintiff nor her Advocate opt to remain present. They were called out thrice but all in vain. There is no application tendered on record seeking adjournment. The NM is old and prolonging unnecessarily. Today last chance was assigned to the plaintiff to proceed with the NM positively but she did not choose to do so. I believe plaintiff is not interested to pursue NM further more positively. There are no interim relief granted in favour of the plaintiff. In view of all, considering the entire scenario, I perceive it is not desirable to adjourn instant NM on next date for the same purpose. Hence it deserve dismissal. Ergo the Order.
ORDER
01. Notice of Motion No. 5296/2024 stands dismissed for want of prosecution.
02. Notice of Motion No. 5296/2024 disposed of accordingly.
Adjourned for No WS hearing to 25.08.2025.
Next Purpose: HEARING
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None for the plaintiff is present.
Adv. Ms. Vidya Vyavahare for defendant/MCGM is present.
KB
LO at 12:15pm
None present for the plaintiff.
KB
LO at 12:45pm
None present for the plaintiff. Evidence not filed.
Order below Exh.01:
It appears that the suit was fixed for tendering list of witness and evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. In the backdrop the plaintiff consistently remain absent. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
1. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
2. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
3. The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, alongwith undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful.
4. The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 25-08-2025
