Mr. Niyaz Ahmed Khan S/o. Yar Mohammed Khan +5 moreVsMr. Allah Mehboob Patel +1 more

Date: 22-04-2019
Business: Advocate S.K.Dubey  for plaintiff present and filed draft notice of motion along with affidavit in support.
Adv. Brijesh Tiwari for Defendant. no. 1 present and filed Vakalatnama Exh.2 .
Advocate Tiwari for defendant no. 1 filed list of documents- Exh. 3.  Adv. Brijesh Tiwari for defendant no. 1 waived service of summons.
Advocate Ms.Chavan  for defendant /MCGM present.
Heard adv. Dubey for plaintiff and advocate Brijesh Tiwari for defendant no. 1.
Adv. Dubey seeks ad-interim relief in terms of prayer clause (a ) restricted against defendant no. 1.
During the arguments both the advocates pointed out the documents. In view of their statements it is an  admitted position that only the premises measuring 9  x 15 feet was alloted to defendant no. 1 by the parents of plaintiffs. It is also an admitted position that without there being any express permission granted by defendant no. 2 Corporation, Defendant no. 1 has extended the old structure. The photographs at page 15 of list Exh. 3 filed by defendant no. 1, reveals that a new construction is undertaken by defendant no. 1.  In view of this prima facie finding, I am inclined to grant ad-interim relief in terms of prayer clause (a). Hence the order
Order-
1. Ad-interim relief in terms of prayer clause (a) is granted till next date.
2. Leave is granted to register N/M.
3. Defendants to file reply to N/M.
Parties to act on authenticated copy of roznama.
The Case is adjd. To 11.06.2019  for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Advocate Mukesh Dubey for plaintiff present and filed Draft contempt notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms. Mhatre for defendant no.2 /MCGM present.
Adv. Amit Tiwari for Defendant no.1 present.
Copy of draft NM served on Defendant no.1.
Earlier order to continue till next date.
The case is adjourned to 03.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Mukesh Dubey for plaintiff present and filed contempt NM NO. 2306/19 along with affidavit in support TOR.
He also filed original Notice of Motion No. 2343/19      along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Mhatre for defendant/MCGM present.
Deft. no. 1 present and sought time to file reply.
Earlier order to continue till next date.
The case is adjourned to 07.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: As Court is busy in dictating Judgment in Suit No. 3206/09 and NM order in suit no. 850/13 and also in hearing urgent ad-interim matters in SU no. 2398/19 and 2399/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 17.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: As Court is busy in hearing NM in suit No.2675/19, 1708/13, 1518/15 and other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 19.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. S. K. Dubey for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Defendant no.1 Allah Patel is present, prayed for adjournment to file reply.
Adv. Tiwari for defendant no. 1 present.
Earlier order to continue till next date.
Matter is adjd. 06.02.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Mr. Allah Patel Deft no.1 is present, prayed for adjd.  He appeared in April, 2019. Hence, adjournment is granted subject of cost of Rs. 500/- be paid to plff.
Earlier order, if any, to continue till next date.
Matter is adjd.for NM reply on 13.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. S.K. Dubey for plff., prayed for further order on contempt NM no 2306/19.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Amit Tiwari h/f adv. Bijesh Tiwari for deft no.1, prayed for adjd. to pay the cost as per order on last date, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 28.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Mr. S.K. Dubey for plaintiff, strongly objected for adjd to deft no.1.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Mishra h/f adv. Tiwari for deft no.1, paid the cost of Rs. 500/- to plff.  It is prayed for adjd to file reply.
Deft no.1 to supply copy of reply in advance to ld adv. for plff.  In default NM will proceed without reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on NM reply and hering on
20.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Adjd. as per circular of the High Court on \''Corona restriction\''.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 24.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: National Lockdonw.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present and requested for short adjournment to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. to 08/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 28.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For N/m reply to 20.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey  for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 13.12.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Mr. V. K. Dubey for plaintiff present.
Adv. Mr. Khandagale for Defendant/MCGM present.
On oral request adv for the defendant matter is adjourned.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 11/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Matter pertain to CR. No.11.
Adv. Mukesh Dubey for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 08.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 01.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
None present for defendant No.1. The suit is proceeded without NM reply and WS of the defendant No. 1
Adv. Mr. Khandagale for defendant No.2/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 No. 2.
Order below exhibit No. 01:
The record shows that the plaintiff filed Contempt NM No. 2306 of 2019 under Order 39, Rule 2-A of the C.P.C. against defendant No. 1. Needless to say that the relief claimed in this Contempt NM can not be decided along-with the suit, in view of the ratio laid in the case of Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213. In the result, the Contempt NM No. 2306/2019 stands disposed off as not maintainable along-with the suit. The plaintiffs are placed at absolute liberty to file separate Miscellaneous Judicial Case as regards the alleged contents, if they so desire.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 03.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 25.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
None present for defendant No. 1.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant No. 2/
MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 03.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue the NM. Time is granted lastly.
None present for defendant No.1.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.2/ MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 24.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue the NM. Time is granted.
None present for defendant No.1.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 17.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Matter pertains to C. R. No. 11
Adv. Mr. Mukesh Dubey present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM for hearing to 06.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to argue the NM. Time is granted.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 29.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: None present for the plaintiff to proceed with the NM.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 22.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to file written submissions on NM. Time is granted.
Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM (No reply) to 04.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to file written submissions on NM. Granted. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant No. 2/MCGM is present.
Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 23.10.2024.
Next Purpose: REPLY
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant No.2/ MCGM is present and requested time to file written submissions on NM. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 09.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Matter pertains to C. R. No. 11
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. V.G. Shinde for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 03.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: None present for the plaintiff. None present for defendant No.1. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant No.2/ BMC is present. Today matter is listed for NM hearing but none present for the plaintiff. Hence, matter is posted for dismissal of NM for want of prosecution. Earlier order, if any, to continue till next date.
Adjourned for NM dismissal to 03.03.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present. Matter is kept back.
Later on 5.29 p.m.
Advocate for plaintiff sought time to argue NM. Time is granted strictly as last chance.
Adjourned for NM dismissal to 19.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and submitted that he is ready to argue the NM but due to paucity of time matter adjourned. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botalwar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 13.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. None present for defendant No.1. Adv. Mr. Botlawar for defendant No.2/BMC is present. Heard both the sides on NM. Earlier order, if any, to continue till next date.
Adjourned for NM Order to 25.06.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 16.07.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Today matter is listed for Order on NM. But, NM is of 2019 and photographs along-with it are also of the year 2019. Therefore, Ld. advocate for the plaintiff is directed to elucidate on the status of structure. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 04.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and submitted that he wants to file photographs about current status of the suit.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for filing photographs to 12.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to produced documents pertaining to current status of suit premises. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for filing documents on NM to 17.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: Adv. Mukesh Dubey present for the plaintiff and filed list of documents to NM No. 2343 of 2019 along with two photographs. Copy served to other side.
Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for NM Order in NM No. 2343/2019 to 07.11.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. Mukesh Dubey present for the plaintiff.
Adv. Mr. V.G. Shinde for defendant/MCGM is present..
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 20.11.2025
Next Purpose: NM  ORDERS
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: Matter pertains to C. R. No. 11
None present for the plaintiff.
Adv. Mrs. Sheetal Metkari for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 10.12.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. None present for defendant No.1. Adv. Mr. V.G. Shinde for defendant No.2/BMC is present.
	Today, NM is listed for Order. I have heard Ld. advocate for the plaintiff and defendant No.2. On 22.04.2019, my Ld. predecessor had heard both the advocate and perused the documents. In view of photographs filed by the plaintiff it revealed that defendant No.1 was carrying out construction. Accordingly, ad-interim relief in terms of prayer clause (a) was granted.
	Thereafter, after hearing the NM the Ld. advocate for plaintiff was directed to file photographs to ascertain the exact position and status of the ongoing construction. Accordingly, he has filed photographs dtd. 23.09.2025 which reveals that construction is already complete. Therefore, relief in term of prayer clause (a) has became infructuous.
	But, Ld. advocate for the plaintiff has raised apprehension that defendant No.1 might carryout further construction. If it is so, then, he is at liberty to file fresh NM on the above cause of action, if accrues.
	Apart from above relief plaintiff has sought relief of mandatory injunction. But, the above relief of mandatory injunction can be decided at the final conclusion of trial after parties adduce evidence. In view of above fact NM No. 2343/2019, is disposed of with direction to the defendant No.2 to proceed as per law against structure constructed by defendant No.1.
Adjourned for WS to 18.02.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Record shows that till date WS is not file on record on behalf of defendants. Defendant No. 2 has not taken any further steps. Hence, looking this fact matter adjourned for further steps.
Adjourned for steps to 08.04.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Adv. Mukesh Dubey present for the plaintiff.
None for defendant No.1
Adv. Mr. Botlawar for defendant/BMC is present and requested for time.  Time is granted.
Adjourned for for taking steps to 29.06.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: court is on Vacant hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: As per officer order No. 219 of 2026 dtd. 21.07.2026. PO is on training at Uttan. Hence, board is discharged.
Matter adjourned to 05.10.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2026

NOTICE OF MOTION/102306/2019
NOTICE OF MOTION/102343/2019

Filing Number: 104838/2019
Filing Date: 20-04-2019
First Hearing Date: 22nd April 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE