Date: 27-03-2018
Business: Adv.Mr.Raju Pankar for Plff.present.
Adv.Mrs.Kamble for BMC/Deft present.
Adv.Mr.Pawar for applicant present.
K.B.L.O.at 4.30 pm
Adv.Mr.S.R.Dube for Plff.present.
Adv.for plff.tendred original Register N/m No.1301/18 t.o.r.
In the midst of hearing of Ch/s No.297/17, the Ld.adv.for the plff.has placed reliance on the case Mohd.Hussian V/s.MCGM reported in 2017 (6) ALL MR 420(S.C.). the adv.for applicant requested for adjourning the matter as he wants to further argue and submit some rulings.
Adjd for further hearing on ch/s on 17.07.2018.
Earlier order to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Adv Sandeep Singh for plff present.
Adv Tadvi for BMC/deft present.
Adv Kuldeep Pawar for applicant present.
Earlier order to continue till next date.
Adjd to 4/09/2018 for reply and hearing on ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 04-09-2018
Date: 04-09-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Matter adjd. to 14.12.18 for Chs Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv Sandeep Singh for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adv Vikas kasar for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 5/02/2019 for ch/sum hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv Tripathi for plff present.
Adv Kuldip Pawar for applicant present.
Adv Mhatre for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 19/03/2019 for ch/sum hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. Mr. Tiwari for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adv. Mr. Kuldeep Pawar for applicant present.
Court busy in arguments on ad-interim in Suit No.747/19. Hence, adjourned.
Earlier order, if any, to continue till next date.
Adjd to 20/4/2019 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Adv. Satyam Dube for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
None for applicants.
Court is busy in hearing ad-interim arguments in Stamp No. 7112/19 to 7115/19.
Earlier order, if any, to continue till next date.
Adjd to 23.08.2019 for Ch/s hearing.
L.O. at 3.30 p.m. Adv. Kuldeep Pawar for applicant present.
Next Purpose: C/S HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Sandeep Singh for Plaintiff present.
None for Defendants.
Adv. Mr. Vikas Kaskar for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 17.10.2019 for Ch/s. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Tiwari for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Adv. Kuldeep Pawar for applicant present.
On oral request of advocate for applicant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 20-02-2020 for C/S Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Tiwari for plaintiff present.
Adv.Vikas Kasar for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Last chance given for argument on ch/s.
Earlier order, if any, to continue till next date.
Matter adjd to 28.04.2020 for ch/s hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None for Plaintiff.
Adv. Mrs. Hajare for MCGM/Deft.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 02/02/2021 for CHS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Sandip Singh h/f Adv. S. R. Dubey for plaintiff present.
Adv. Ms. Hajare for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 23/03/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 01/04/2021 for NM and Ch/s Hearing/Say and Hearing on Exh.6.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 03/04/2021 for Order on Withdrawal application at Exh.6 and NM/Ch.s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. Sandeep Singh for plaintiff present.
Adv. Ms. Smita Chavan h/f Adv. Ms. Hazare for deft/MCGM present.
None for applicant.
Order on Exh.6 (Application for withdrawal of Suit)
The withdrawal and compromise of Civil Suit is provided by Order 23 of the Code of Civil Procedure, 1908. There are two types of withdrawal provide by it. Those are :
a) Absolute withdrawal :- In this form of withdrawal, the leave of the Court is not needed; and
b) Qualified withdrawal :- In this, the leave of the Court is needed.
It is settled position of law that after institution of Suit, the plaintiff may at any point of time withdraw his claim or Suit against anyone or all the defendant without need of taking the a leave from the Court as per Order 23 Rule 1 of CPC. Plaintiff has absolute right in such cases. This is based on principal of invito beneficium non datur it means the law cannot confer a benefit to a man which is does not desire. In this particular case, plaintiff has filed true copy of IOA issued by Slum Rehabilitation Authority on 08.12.2020 regarding the suit premises. The contentions of the withdrawal application that the SRA has issued IOA, therefore, plaintiff do not wish to proceed with the present matter. There is not substance in the argument advanced by the deft/Corporation and the applicant. Plaintiff is entitled for withdrawal of his owned suit in view of discussion as made supra. Hence I am inclined to pass following order :-
ORDER
1) In view of the withdrawal application at Exh.6, L.C. Suit No. 317/17 is disposed off as withdrawn.
2) Court fee be refunded to the plaintiff as per rule.
3) No order as to costs.
4) In view of disposed of Suit, NM No.130/2018 and Ch/s No.297/2017 stand disposed off.
Authenticated copies be given to the both parties.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-04-2021