Date: 27-04-2022
Business: By praecipe matter taken on board.
Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Ms. Mangal Kadam for defendant/MHADA is present.
Matter adjourned for hearing on ad-interim relief to 28.04.2022.
Next Purpose: HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. V. T. Dubey present for plaintiff and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Mangal Kadam present for defendant/MHADA.
Adv. For plaintiff submitted that he is not pressing relief against defendant no. 02 and he want relief against defendant no. 01 only.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01.
Following order as to ad-interim relief is passed on draft Notice of Motion. Plaintiff has taken out present Notice of motion for grant of interim relief. Advocate for plaintiff pressed for grant of ad-interim relief in terms of prayer clause (a) of the draft Notice of Motion.
Perused the NM, affidavit in support of same, plaint and documents annexed therewith and documents tendered by the advocate for defendant no. 01 during course of argument.
In short it is the contention of plaintiff that suit shop premises is situated on the land belonging to the defendant no. 01. The suit shop premises is in existence since last several years. However, without following due process of law, the officer of the defendant no. 01 threatened to demolish the suit premises. Plaintiff has not received any notice from the defendant. Defendant no. 01 cannot demolish the suit premises without following due process of law. Therefore, plaintiff sought the ad-interim relief in terms of prayer clause (a).
On the other hand, ld. Adv. For defendant no. 01 argued that after receipt of complaint dt. 09/11/2021 about unauthorised construction of the shops behind building no. 22. Officer of the defendant no. 01 visited the suit site after inquiry with the chairman of the building no. 12 Co-operative Hsg. Soc.. he found that suit shop premises is unauthorizedly constructed. Therefore, on 10/01/2022, show cause notice was issued to the occupants of the suit shop premises and it was served by pasting on the suit shop premises. Inspite of same, the plaintiff did not appear and did not produce any document of authorization of the suit shop premises. Hence, as per order dt. 21/04/22, the occupants of the suit shop premises are directed to remove the unauthosed structure of the suit shop premises. Therefore, due process of law is already followed. Moreover, plaintiff did not produce any document of authorization or sanction/permission of competent authority for the construction of the suit shop premises.
From the matter on record, prima facie it appears that, the land where suit shop premises is situated is belonging to defendant no. 01. From the matter on record, it also appears that, plaintiff has not produce on record any document of sanction/permission of competent authority for construction of the suit shot premises, as such ex facie, the suit shop premises appears to be unauthorised. From the copy of notice dt. 10/01/2022 and submission of advocate for defendant no. 01, ex facie it appears that, show cause notice was issued to the occupant of the suit shop premises and thereby opportunity of hearing was provided to the plaintiff. As such ex faice, there appear no substance in the contention of plaintiff that, due process of law is not followed. Considering the above discussion and matter on record court find that, no case for grant of ad-interim relief is made out by plaintiffs. Hence prayer of plaintiff for grant of ad-interim relief is dismissed.
Authenticated copy of Roznama be given to both the parties if requested.
Matter adjourned for nm reply to 25/07/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA and submitted that, suit structure is already demolished and suit has become infructuos and therefore defendant no. 01 do not want to file reply to the NM.
None present for other defendant 02.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 12/08/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Vijayarani prasad hf adv. V. P. Dubey present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendant 01/MHADA.
In view of request for advocate of plaintiff, leave granted to register draft nm tendered on 28/04/22 is extended till next date.
Matter adjourned for nm hearing/dismissal order to 13/09/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. V. T. Dubey present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA and submitted that, suit premises is already demolished and suit has become infructous.
As the plaintiff did not admit the above fact, advocate for defendant submitted that she will file affidavit in reply.
Matter adjourned for nm reply to 01/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: None present for plaintiff.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Mangal Kadam present for defendants/MHADA and tendered list of documents @ copy of Panchanapa and photograph. t.o.r. marked as Exh. 06.
Adv. For MHADA submitted that, As the suit is becomr infructous, she do not want to file reply.
Matter adjourned for nm hearing/order to 15/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. V. T. Dubey present for plaintiff and submitted that, draft notice of motion be disposed off as not pressed.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendant 02.
in view of submission of ld. Advocate for plaintiff, draft notice of motion is disposed off. Draft Notice of Motion be registered for statistical purpose.
Plaintiff to produce the draft notice of motion on or before next date.
Issue writ of summons to the defendants as per rules.
Matter adjourned for service of writ of summons and ws to the defendants to 30/11/22.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. M. K. Dubey present for plaintiff and he prayed for extension of time to service of writ of summons to defendants.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendant 02.
Matter adjourned for service of writ of summons to 12/01/23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: None present for plaintiff
Adv Mangal Kadam present for defendant no. 01/MHADA.
None present for defendant no. 02.
As plaintiff and his adv are absent.
Matter adjourned for service of writ of summons/proof of service to 22.02.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendant no. 02.
As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service to 10/04/23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 19-06-23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 22.08.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 10.10.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: As court is on leave board is discharged.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 12.03.2024.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 15.06.2024.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: None present for plaintiff.
Adv. V. G. Shinde present for defendant/BMC.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 14.08.2024.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: None present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for service of writ of summons/proof of service to defendant no. 02 to 18.10.2024.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Not on board taken on board.
Matter is referred to Lok Nyayalay which is on 28.09.2024.
Issue notice to both parties.
Matter adjourned for Lok Nyayalay/service of writ of summons/proof of service to defendant no. 02 to 28.09.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024
Date: 28-09-2024
Business: Matter pertain to Court Room No. 8
Plff and advocate absent.
Adv Pooja Nagarthwar h/f Adv. Apoorva Dalal for MMC/Defendant present.
As plaintiff and advocate absent, therefore, matter not settled.
Adjd to 26.11.2024.
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: None present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present.
Court is busy in hearing on ad-interim relief, hence matter is adjourned.
Matter adjourned for hearing to 29.01.2025.
Next Purpose: HEARING
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: None present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present.
Ld. Adv. for defendant/MHADA submits that, the Ld. Predecessor of this Court has rejected ad-interim relief vide order dated 28.04.2022. Thereafter MHADA has removed the suit structure. It is submitted that, the suit is thus turned infractuous. She invited attention of the Court towards documents and photographs filed on record at list Exh.6.
Similar noting is there in roznama dated 13.09.2022.
Plaintiff and his advocate seems absent since last 11 dates.
In view of the above, matter be listed for dismissal order.
Matter adjourned for dismissal order to 04.02.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: None present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present.
Plaintiff and his advocate are absent since last 13 dates.
On last date this Court has passed following order
None present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present.
Ld. Adv. for defendant/MHADA submits that, the Ld. Predecessor of this Court has rejected ad-interim relief vide order dated 28.04.2022. Thereafter MHADA has removed the suit structure. It is submitted that, the suit is thus turned infructuous. She invited attention of the Court towards documents and photographs filed on record at list Exh.6.
Similar noting is there in roznama dated 13.09.2022.
Plaintiff and his advocate seems absent since last 11 dates.
In view of the above, matter be listed for dismissal order.
Matter adjourned for dismissal order to 04.02.2025.
Accordingly matter is placed on todays board for dismissal. Despite repeated opportunities, plaintiff failed to appear and proceed with the suit, hence I find no reason to keep the matter pending. Therefore it is just and proper to dismiss the same for want of prosecution. Hence, the order
ORDER
Suit No.1022/2022 is hereby dismissed for non prosecution.
Later on at 11.35 a.m.
Adv. Apurva Dalal for defendant/BMC present.
Nature Of Disposal: DISMISSED
Disposal Date: 04-02-2025