Date: 17-04-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. I. R. Qureshi for plaintiff takes out draft NM with affidavit seeking ad-interim relief for restraining the defendant from demolishing the suit property i.e. lift shaft. The concerned advocate Ms. Patil representing the A ward of BMC is not present. Adv. Rawade holding for Adv. Patil prays for keeping the matter on 18.04.2018 at 11.00 am. Adv. I. R. Qureshi prays that matter be kept on 20.04.2018 at 2.45 pm. No fresh notice is required to be issued. Adv. Rawade undertakes to communicate Adv. Patil about the NM. Leave to register is granted.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2018
Date: 20-04-2018
Business: Resumed.
The P.O. is busy in recording evidence in Suit No. 7115/2001 and 4344/2003 and judgment of suit no. 5490/2004. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd. for NM argument to 23.04.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-04-2018
Date: 23-04-2018
Business: Resumed.
The .P.O. is busy in passing orders in NM No. 87/2017 and 3774/2017.
Adjd. for NM arguments to 25.04.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-04-2018
Date: 25-04-2018
Business: Apart that there is nothing on record to show that the construction of the said lift is capable of holding and running the said lift as per requisite standards. The ld. Adv. For the defendant submits that the plaintiff after filing the reply and requesting for regularisation of the structure has not taken any steps towards his proposal for regularisation. Under such circumstances intervention of this Court to protect the notice structure at ad-interim stage is not warranted. Therefore the following order is passed -
ORDER
1. Ad-interim relief is rejected.
2. NM be registered as early as possible.
The Ld. Adv. for plaintiff submits that the plaintiff may be given liberty to apply for regularisation. The plaintiff may apply for regularisation of the notice structure. This liberty to apply should not be considered as an ad-interim protection.
Adjd for reply and arguments on NM to 25.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2018
Date: 25-06-2018
Business: Resumed.
Adv. Qureshi for plaintiff seeks time to register the NM. Time is extended till next date. Adv. Patil for MCGM is present.
Adjd for reply and arguments on NM No. 08.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2018
Date: 08-08-2018
Business: Resumed.
The P.O. is on leave.
Adjd for NM reply rejoinder to 03.10.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Resumed.
Adv. Qureshi for plaintiff tendered registered NM No. 2951/2018.
Adv. Pradip Patil seeks time to file reply to NM.
Adjd for NM reply to 14.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Resumed.
Adv. Qureshi for plaintiff and Adv. Pradip Patil for MCGM are present.
In order to maintain proper record the following Exh. are marked.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Adv. Pradip Patil for MCGM filed reply cum written statement.
Adv. Qureshi submits that the NM be heard with suit. His statement is accepted and taken on record.
Exh. 7 - Issues.
Adjd for witness list to 10.12.2018.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: Resumed.
Adv. Qureshi for Plaintiff and Adv. Pradip Patil for MCGM are present.
Adv. Qureshi seeks time to file affidavit of evidence of Plaintiff. Time is granted.
Adjd for evidence of plaintiff to 08.02.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Resumed.
Adv. Qureshi for plaintiff and Adv. Pradip Patil for MCGM are present.
Adv. Qureshi seeks time on the ground that the plaintiff has applied for regularization of the notice structure and according to him the plaintiff will withdraw the suit in due course if the structure is regularized. Granted as last chance.
Adjd for evidence of the plaintiff to 08.04.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: As Court is buys in dictating judgment in SU 2076/05, SU 2324/05 and SU 2582/13, hence, board discharged.
Matter adjd to 03.07.2019 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2019
Date: 08-04-2019
Business: As Court is buys in dictating judgment in SU 2076/05, SU 2324/05 and SU 2582/13, hence, board discharged.
Matter adjd to 03.07.2019 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Plaintiff and his Adv.absent.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Matter adjd to 06.09.2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2019
Date: 06-09-2019
Business: On 03-07-2019 adjourned date of the matter is wrongly given as 06-09-2019 Ganpati Festival Holiday hence taken on today.
Plaintiff and advocate absent.
Adv. Ms. Dhuri for defendant/MCGM present.
Matter adjd to 23/10/2019 for evidence .
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-10-2019
Date: 06-09-2019
Business: On 03-07-2019 adjourned date of the matter is wrongly given as 06-09-2019 Ganpati Festival Holiday hence taken on today.
Plaintiff and advocate absent.
Adv. Ms. Dhuri for defendant/MCGM present.
Matter adjd to 23/10/2019 for evidence .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-01-2020
Date: 23-10-2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Plaintiff and advocate are absent.
Adv. Nandanwar for BMC present.
Mater is adjd to 9.3.2020 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2020
Date: 06-01-2020
Business: Plaintiff and advocate are absent.
Adv. Nandanwar for BMC present.
Mater is adjd to 9.3.2020 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: As Court is busy in hearing arguments in various matters hence, board is discharged.
Matter is adjd to 24/06/2020 for r/e .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv for plaintiff absent.
Adv Mrs. Rawde for MCGM/defendant present.
Matter adjourned for R/E to 30/1/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2021
Date: 15-12-2020
Business: Adv for plaintiff absent.
Adv Mrs. Rawde for MCGM/defendant present.
Matter adjourned for R/E to 30/1/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for RE to 03.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2021
Date: 30-01-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for RE to 03.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 07.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021
Date: 03-03-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 07.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
Matter adjourned for
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: As presiding officer is on leave, hence board is discharged and matter is adjd.to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Farhad Qureshi present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
As court is busy in dictating order on NM no. 2614/2021 in suit no. 2015/2021 hence, remaining board is discharged and Matter adjourned for nm arg. to. 07/01/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-01-2022
Date: 27-10-2021
Business: Adv. Farhad Qureshi present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
As court is busy in dictating order on NM no. 2614/2021 in suit no. 2015/2021 hence, remaining board is discharged and Matter adjourned for nm arg. to. 07/01/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. absent for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
As court is busy in dictaing order on admissibility of documents in suit no. 2610/2009. Hence, Matter adjourned for nm arg. to 09/02/22.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-02-2022
Date: 07-01-2022
Business: Adv. absent for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
As court is busy in dictaing order on admissibility of documents in suit no. 2610/2009. Hence, Matter adjourned for nm arg. to 09/02/22.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2022
Date: 30-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-09-2022
Date: 15-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Court is busy in urgent hearing matters i.e. Suit No. 1282 of 2016 and Suit No. 1628 of 2009. Hence want of time board is discharged.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-11-2022
Date: 19-09-2022
Business: Court is busy in urgent hearing matters i.e. Suit No. 1282 of 2016 and Suit No. 1628 of 2009. Hence want of time board is discharged.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-12-2022
Date: 04-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: As Court is busy in urgent hearing in High Court Time Bound Matter i.e. Suit No. 1700 of 2010. Hence, want of time board is discharged.
Matter is adjd for NM on 30-01-2023
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-01-2023
Date: 14-12-2022
Business: As Court is busy in urgent hearing in High Court Time Bound Matter i.e. Suit No. 1700 of 2010. Hence, want of time board is discharged.
Matter is adjd for NM on 30-01-2023
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: As court is busy in dictating judgment in Suit No. 72 of 2007. Hence want of time board is discharged.
Matter is adjd for NM hearing on 13-03-2023
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-03-2023
Date: 30-01-2023
Business: As court is busy in dictating judgment in Suit No. 72 of 2007. Hence want of time board is discharged.
Matter is adjd for NM hearing on 13-03-2023
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-06-2023
Date: 13-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Qureshi for Plaintiff present.
Adv. Pradip Patil for MCGM present.
As per the roznama dtd. 14.11.2018, NM No. 2951/18 is tagged with the suit and matter has been proceeded for evidence by framing issues. Hence, captioned of roznama is corrected.
Matter is adjd to 07.08.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare h/ f Adv. Pradip Patil for MCGM present.
Matter is adjd to 13.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Adv. Fahad Qureshi i/b I. R. Qureshi for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 06.12.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 21.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 01.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: None for Plaintiff.
Adv. Pradeep Patil for MCGM present.
Matter is adjd to 26.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: None for Plaintiff.
Adv. Pradeep Patil for MCGM present.
Matter is adjd to 05.07.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd to 16.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Today also the plaintiff and his advocate are remained absent. It appears from the record that the issues were framed on 14.11.2018. However, till this date the plaintiff has not filed his evidence on record. Hence, matter be kept for passing dismissal order.
Matter is adjd to 04.10.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 11.12.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: The presiding officer has gone for a medical checkup therefore, the matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2025
Date: 18-01-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 1.30 p.m. None appeared on behalf of the plaintiff.
ORDER
Vide order dated 16.08.2024 present suit is kept for dismissal order. However, since 06.12.2023 for all dates plaintiff and his counsel remained absent. The record further discloses that on 14.11.2018 issues are framed but plaintiff failed to adduce his evidence. Therefore, taking into consideration above facts, it appears that plaintiff is not interested to proceed with this suit, so obviously it is liable to be dismissed for want of prosecution. In the result, accordingly following order is passed -
1. Suit No. 997 of 2018 is hereby dismissed in default for want of prosecution.
2. In view of dismissal of suit, notice of motion No. 2951 of 2018 does not survives so it is disposed of.
3. No order as to costs.
4. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-01-2025