Mohd. Mustakin s/o. Mohd. SayyedVsAssistant Municipal Commissioner

Date: 31-03-2018
Business: Draft N/M alongwith affidavit in support taken out by the Plaintiff for granting status-quo in respect of notice dtd 20.03.2018 issued by the defendant u/s 354A of MMC Act. t.o.r. Leave granted to register.
Heard Ld adv for the Plaintiff and Ld adv for the defendant. Adv for the Defendant has submitted that the corporation will take the action only in respect of notice structure. Perused notice. It seems from the schedule of the notice that it has been issued in respect of vertical extension above existing ground floor and not in respect of ground floor. Thus, apprehension of the Plaintiff that the defendant will demolish the ground floor is not acceptable. Hence, ad-interim relief is rejected.
The Plaintiff has submitted that he has given the reply to the notice. Hence the defendant is directed to pass a fresh order by considering already filed reply to the suit notice.
Matter adjd to 17.04.2018 for reply to N/M/ w.st by the Defendant.
Authenticated copy of roznama be supplied to
Next Purpose: REPLY
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: HHj is on leave. Hence today board is discharged.
Next Purpose: REPLY
Next Hearing Date: 19-06-2018

Date: 19-06-2018
Business: Plaintiff and adv absent.
Adv Khandagale for the def/BMC present.
Adjourned to 21.08.2018  for reply.
Next Purpose: REPLY
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: None for plaintiff.
Adv. Chavan h/f. Adv. Kambale for BMC present.
Matter adjd.for Reply to 10.10.18.
Next Purpose: REPLY
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Court is busy in hearing urgent applications and Notice of Motion  in suit no.464/09, hence board is discharged and case is adjourned to 07/12/2018.
Next Purpose: REPLY
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Business: None present for Plaintiff.
Advocate for BMC/Deft present.
Reply not filed by BMC.
Case is adjourned to 05/03/2019 for reply/hearing of NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Court is busy in dictating Judgment in suit no.7320/88, hence case is adjourned to 15/06/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: As Court is on half day leave. Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: As Court is on leave. Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
The case is adjourned to 06.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: As Court is busy in hearing and dictating orders in ad-interim matters in ST No. 11745/19, 11746/19 and in hearing NM in SU no.2627/19 and in suit no. 1906/18 also the Court is busy in dictating Chamber Summons order in SU no. 3122/10. The case is adjourned.
The case is adjourned to 06.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: None for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd to file reply.
Matter is adjd. for NM reply on 09.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 29.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 21.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None present for Plaintiff.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply to 28/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: None present for plaintiff.
Adv. Ms. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply and WS  to 06.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing to 17.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM dismissal to 17.10.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 04:20 pm.
Order below exhibit No. 01:
     Even today, the plaintiff is absent to proceed with the matter. The record shows that though the suit is filed in the year of 2018, till date the plaintiff could not get registered two draft NMs, firstly,  filed against notice dtd. 20.03.2018 and secondly against the Speaking Order dtd. 20.04.2018. At the same time, he is absent to argue the same, though both the NMs are proceeded without reply. It is, thus, clear that the plaintiff lost his interest in the matter. In the result, both the draft Notice of Motions stand dismissed in default. The plaintiff is directed to get registered the same within the period of one week from today. In default, the suit would stand dismissed.
Adjourned for registration of NM/dismissal Order to 23.12.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for registration of NM/dismissal Order to 17.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Even today, none present for the plaintiff to proceed with the suit. The matter is kept back.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
KB LO at 12:10 pm.
Order below exhibit No. 01:
     Even after specific directions, the plaintiff is absent to tender registered NM, which was dismissed on 17.10.2022. It is, thus, clear that he is not interested to proceed with the suit. In the result, it stands dismissed in default, for non compliance of the Order of this Court. All the pending applications are also filed. The parties to the suit to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-02-2023

Filing Number: 104499/2018
Filing Date: 26-03-2018
First Hearing Date: 25th June 2018
Decision Date: 17th February 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE