Sanjay Shidgonda DodamaniVsMCGM

Date: 24-04-2019
Business: (By preceipe).
Adv. Ms. Sarita Donde for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Bhoir for MCGM/deft. present.
Order on ad-interim relief of draft N/M
Perused contents of plaint, documents annexed thereto and heard bothsides.
The Plff has filed many documents showing possession of the suit premises since long.  Ld. Adv. for Deft/MCGM alleges that order of allotment of the suit premises to the Plff itself is a sham and bogus document.  However, reply is not yet filed supporting the said contention.  The prayer is not to dispossess/ evict/remove the Plff from the suit premises without following due process of law.  Therefore ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to 24/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Plff is directed to register draft N/M on or before next date.
On oral request of ld adv for def, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Sarita Donde for plaintiff present and tendered original NM No. 3432/19 along with affidavit.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 17-01-2020 N.M. Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Sarita Donde for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd. to 02.03.2020 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Mahadik for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 15.06.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None for the plaintiff.
Adv. Mrs. Hajare h/f Khandagale for Defendant/MCGM present and request for time to file reply to N/M. O-Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22.02.2021 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 20/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Advocate Mrs. Donde for plaintiff is present.
Advocate Tondvalkar for deft./MCGM is present and seeks time to file reply on NM. Time granted till next date.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv Sarita Donde present for the plaintiff.
Adv Mrs. Tondwalkar for Defendants/ MCGM present and seek time to file NM reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 16.02.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
Matter pertains to C.R. No.08
Adv Mahadik h/f Adv Sarita Donde for plaintiff present.
None for defendant / MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 01/04/2022 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Sarita Donde for plaintiff present.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 17/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
(Matter pertains to C.R. No. 4)
Adv. Sarita S. Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 12/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 03/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 04/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Ms. Donde for plaintiff present
None for defendant/BMC
Earlier order, if any, to continue till next date.
Adjd. to 9/12/2022 for reply on N/M.
L.O. at 4.30 p.m.
Adv. Mrs. Mhatre h/f. Mrs. Tondwalkar for BMC present and tendered N/M reply cum Written Statement and List of Documents-T.O.R. and marked as Exhs.2 and 3 respectively copies of which for plaintiff are kept in record.
Already adjd. to 9/12/2022 for N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Vidya Bhosale h/f Adv. Sarita Donde for plaintiff present and received copies of N/M reply (Exh.2) and list of documents  (Exh.3).
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 02/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Adjd. to 17/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Sarita Donde for plaintiff present and requested time to argue N/M stating hat she wants to file rejoinder. Time is granted till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 13/03/2023 for rejoinder by plaintiff and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. Vidya Bhosale h.f. Adv. Sarita Donde for plaintiff present and requested for time file rejoinder.
Adv. Mr. Suryavanshi for defendant/ BMC is present and submitted that since long time NM pending for hearing and matter pertains to PAP.
However, time is granted as a last chance. With condition if plaintiff not proceed with the NM, necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd. to 24/03/2023 for rejoinder/NM hearing.
Next Purpose: REJOINDER
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: None present for plaintiff.
Adv. Suryavanshi for defendant/BMC present.
Today matter is kept for rejoinder by the plaintiff and NM hearing, but none present for plaintiff.
Adv.of Corporation submitted that matter pertains to PAP and therefore matter be kept for hearing and short date may be given.
Earlier order, if any, continue till next date.
Matter adjd for NM hearing to 31.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv Sarita Donde for plaintiff present.
Adv Suryavanshi for deft/BMC present.
K.B till 4.00 pm.
L.O. at 4.20 pm.
Same appearance.
Heard both sides  on NM No.3432/2019.
Earlier order, if any, to continue till next date.
Matter is adjd. to 05-04-2023 for further hearing on NM No. 3432/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present for plaintiff.
Adv. Suryavanshi for defendant no. 1 / BMC is present.
Matter is kept today for further argument on NM. On previous date both the parties were heard and kept today for submitting citation.
Adjd. to 20/04/2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Wrongly on board, already adjourned to 21.04.2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Matter pertains to C.R. No.04.
Adv. Sarita Donde for plaintiff present
Adv. Suryavanshi for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 24.04.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
As Court is busy in dictating dictation in C/S order and hearing urgent matters, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 02.05.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv. Ms. Sarita Donde for plaintiff present.
Adv. Ms. Mhatre h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
As Court is busy in dictating NM orders in other matters, hearing ad-interim matters and due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 05.06.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: None present for plaintiff.
Adv. Suryavanshi  for defendant/ BMC is present.
FRSR Following order is passed in Notice of Motion.
ORDER
Notice of Motion No. 3432/2019 is dismissed.
Adv. for plaintiff is directed to tender original contempt NM No. 4061/2019.
Adjd. to 06.09.2023 for Service and Reply to Contempt NM.
L.O. 4.00 pm.
Adv. Sarita Donde for plaintiff present and tendered application for continuation of Earlier order. T.O.R. marked as Exh.4
O- Other side to say.
Adv for defendant/BMC has given say on Exh.4 overleaf.
Adjd. to 07.06.2023 for Hearing on Exh. 4.
Earlier adjd date is cancelled.
Next Purpose: HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: None present for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Keep back
L.O. 4.35 p.m.
Adv. Sarita Donde for plaintiff present.
Rest of the same appearance.
Heard both sides on Exh. 4
O R D E R on Exh. 4
1.     The plaintiff filed application for extension of ad-interim protection for period of 2 weeks. The defendant/ Corporation opposed application stating that this Court has rejected ad-interim and as such extension of ad-interim protection amount to granting ad-interim relief.
2.     The plaintiff intends to challenge order refusing ad-interim protection before Hon\''ble High Court. The appeal is the statutory right of the party aggrieved. It is submitted by the Advocate for plaintiff that if ad-interim protection is not extended there is possibility of demolition of structure and purpose of filing appeal will be frustrated. Therefore, considering the facts that interim protection was existence till today. Hence, I pass following order-
O R D E R
Ad-interim protection is extended for two weeks.
Adjd. to 06.09.2023  for Service and Reply to contempt NM.
Next Purpose: SERVICE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Advocate Kedar Prabhu h/f Donde for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
NM has been disposed of and matter was adjourned. However in the roznama matter is shown in caption of service and reply to contempt NM. Hence roznama is corrected and matter is now adjourned for framing of issues.
Plaintiff is directed to tender NM No. 4061/2019 on next date.
Adjd  to 02.12.2023  for Framing of issues and Compliance.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Exh. 7 – issues framed.
Adjd  to 19.01.2024  for List of witness and R.E.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Today is the first date for filing evidence. Hence matter adjourned.
Adjd  to   09.02.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None for plaintiff present.
None for defendant present.
Adv. Suryavanshi for BMC present.
Matter adjd  to  24/04/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
issues are framed on 02.12.2023 and matter adjourned on 19.01.2024 and 09.02.2024 for the plaintiff evidence but neither plaintiff nor his adv remains present. Today none present for plaintiff and suit is of year 2019. Hence matter adjourned and kept for dismissal of suit.
Adjd  to  04.05.2024  for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None present for plaintiff.
Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
keep back
Later on 1.30 p.m
      The suit is of year 2019 and pending since many dates for plaintiff evidence but neither the plaintiff nor his Advocate remains present. Therefore on previous date matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order
ORDER
1. Suit is dismissed under order XI Rule 8 of Civil Procedure Code.
2.  In view of disposal of suit contempt NM No.4061/19 stands disposed of.
Plaintiff is directed to tender NM No. 4061/19 for office record.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2024

NOTICE OF MOTION/104061/2019
NOTICE OF MOTION/103432/2019

Registration Number: 101057/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104583/2019
Filing Date: 12-04-2019
First Hearing Date: 24th April 2019
Decision Date: 04th May 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE