Sukhdev Singh BumraVsMCGM

Date: 12-04-2019
Business: Adv. Ms. Soniya Sunil for Plff present and tendered original registered N/M No.1546/19 alongwith affidavit.
Adv. Mrs. Vyavhare for MCGM/deft. present.
Order on ad-interim relief in N/M No.1546/19
Perused contents of N/M, plaint, documents annexed thereto, new documents filed by the Plff and heard arguments advanced by both sides.
From the record it reveals that the Plff prayed for ad-interim relief on 26/2/19 and 8/4/19 but the same was refused for want of relevant documents. In the order dt.8/4/19 it was observed that the Plff had not produced death certificate of Harishankar Murarji. Now the Plff is seeking ad-interim relief after producing such death certificate showing date of death of Harishankar Murarji as 29/11/47. Ld. Adv. for the Plff has submitted relying on said document that said Harishankar transferred the suit premises to Krishna Annappa Devadiga in his lifetime and therefore it will have to be presumed that the suit premises is in existence since prior to 29/11/1947. According to her, the Deft/MCGM has to disprove these facts in the course of hearing and till then ad-interim relief restraining Deft/MCGM from executing the order dt.11/2/19 is necessary. I have carefully read all documents.  From property cards of CTS No.313, 313/1, 313/2, 313/3, 313/4, 313/5 it appears that the said plots of land were transferred to Vrundavan and Manibhai as per probate of Harishankar on 3/7/71. It means said Harishankar had executed a Will. Such Will is an important document to show whether there existed any structure on said plots.  Therefore mere entry of name of Harishankar in the assessment extract is not sufficient to come to conclusion that he transferred the suit premises prior to 1947.  Therefore I do not find any merits for granting ad-interim relief and the same is rejected.
Authenticated copy be given to the both parties.
Already adjd to 3/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Adv. Gharat for applicant present and tendered original Ch/sum no. 723/19 along with affidavit t.o.r.
Adjd to 09.09.2019 for N/M and Ch/sum Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Mahamuni for applicant present.
Adjd to 20/11/2019 for C/S service and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None present for plff.
Adv. Khandagle for MCGM/Deft. present.
None for applicant.
Adjd to 22.01.2020 for Ch/s and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv.Narendra Gharat  for applicant present.
None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
KB
No say filed against the plaintiff
Matter adjd to  12.02.2020  for argument order on ch/s-  723/19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None for plaintiff.
Adv. Gharat for plaintiff applicant.
Adv. Khandagle for MCGM/Deft. present.
 Matter adjd to 20.03.2020 for NM/ch/s hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: a
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Adv. Gharat h/f Adv. Andrews for applicant present.
Matter adjd to 15/01/2021 for NM and Ch/s Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: As court is on leave today, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Matter adjd to 12/04/2021 for Dismissal of Suit.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
None for applicant.
Adjd. To 27/08/2021 for dismissal of NM, Ch/s  and Suit.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
Adjd. To 17/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B. L.O. 12.30 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Since long Plaintiff and his adv is absent. No steps taken by them. Therefore, matter is kept for dismissal. On perusal of roznama, it reveals that specific direction was given to the Plaintiff that if on the next date, he has not taken any step to proceed with the matter, Suit will be dismissed for want of prosecution. Then also today, neither Plaintiff nor his advocate present. It shows that Plaintiff is not interested to proceed with the matter. Hence, L.C. Suit 432/2019 is dismissed for want of prosecution. Proceeding is closed.
In view of disposal of L.C. Suit No. 432/2019, N/M No. 809/2019, N/M No. 1546/2019 and Chamber Summons No. 723/19 stand disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 24-11-2021

Main Case No: SUIT/0100432/2019
Main Cnr: MHCC010017922019
Main Filing No: 111447

Filing Number: 104539/2019
Filing Date: 12-04-2019
First Hearing Date: 12th April 2019
Decision Date: 24th November 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE