Mr. Anthony Domnic SoaresVsMCGM +1 more

Date: 22-04-2019
Business: Adv. Mr. Holamagi for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Order on draft N/M
     Perused contents of N/M, plaint, documents annexed thereto and heard arguments advanced by both sides.
    The Plff apprehends that Deft/MCGM will demolish suit premises without following due process of law.  To show existence of suit premises, the Plff has annexed copies of ration card, election identity card, electricity bill, tax receipts, pan card and aadhar card.  The Deft/MCGM, be a local authority, is duty bound to follow due process of law for taking any action against unauthorized construction.  Hence, ad-interim relief in terms of prayer clause (b) is granted till next date. The Plff shall not carry out any addition/alteration or change in the suit premises without following due procedure.
Adjd to 29/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Plaintiff present, his advocate is absent.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 10.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. M.V. Holamagi for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Plaintiff is directed to tender original register NM on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 16-01-2020  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv.Suparna Holamagi for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Plaintiff is directed to tender original NM on next date.
On oral request of advocate for defendant, adjournment granted
Matter adjd to 05.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Plaintiff present, his advocate absent.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
 Matter adjd to 26.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Holamagi for plaintiff present.
None for deft/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 09/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv. M. V. Holamagi for plaintiff present.
Adv. Ms. Smita Chavan for deft/MCGM 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.
Matter adjd to 22/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Adv Holamagi for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 05/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv Holamagi for plaintiff present.
Plaintiff is also present.
Adv Mrs Rawade for defendant / MCGM present.
Plaintiff is directed to tender original NM NO.1855/2019 alongwith affidavit in support till next date.
Adjd. To 02/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Sujeet Holamagi h.f. Adv. M.V. Holamgi for Plff present.
Plff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Plff is directed to tender original Nm No. 1855/2019 along with affidavit in support on next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Plaintiff present. Advocate is absent.
Adv Mrs Rawade for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 23/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Plaintiff is present, his advocate is absent.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Plaintiff is directed to tender original N/M No. 1855/2019 on next date.
Earlier order, if any, to continue till next date.
Adjd. to 25/08/2022 for compliance by plaintiff/ N/M reply.
L.O.
Adv. Holamagi for plaintiff present.
Already adjd. to 25/08/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Holamagi for plaintiff present, son of plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Plaintiff is directed to tender original N/M No. 1855/2019 on next date.
Earlier order, if any, to continue till next date.
Adjd. to 06/10/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv. Holamagi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Plaintiff is directed to tender the original N/M No.1855/2019 till next date.
Earlier order, if any, to continue till next date.
Adjd. to 01/12/2022 for compliance by plaintiff and N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Holamagi for plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. to 2/2/2023 for compliance by plaintiff and N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Holamagi for plaintiff present and submitted that original N/M has been stolen from my office and he has to reconstruct the N/M. Hence, time is granted.
Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply.
Earlier order, if any, to continue till next date.
Adjd. to 28/03/2023 for for compliance by plaintiff and N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: CORAM H. H. J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Mr. Holamagi, Adv. for plaintiff present
Mrs. Mhatre, Adv. for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 20/6/2023 for compliance by plaintiff and N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Advocate Suparna Holamagi h/f Holamagi for plaintiff present and submitted that she will comply the order till next date. Already previous date direction is given to tender NM. However one more last chance is granted.
Advocate  Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2023   for  Compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate Holamagi for plaintiff present.
Advocate Mhatre for defendant/BMC present.
On oral request of Adv. for plaintiff, one more last chance is granted to the plaintiff.
Earlier order, if any, to continue till next date.
Adjd to 18.07.2023 for  Compliance for Plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Advocate Holamagi for plaintiff present and submitted that
Original NM No. 1855/2019 has been lost and he is going to recast the NM and time is required. Hence, time is granted till next date.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd 05.10.2023 for NM Reply and comply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Advocate Holamagi for plaintiff present.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted
Earlier order, if any, to continue till next date.
Adjd  to 18.01.2024    for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: As Court is busy in judgment in Suit No. 1767/17 and other NM Order, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 21.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Mr. Holamagi for plaintiff present.
Adv.Mrs. Mhatre for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 25/4/2024 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: As Court is busy in ad-interim hearing, NM Hearing and dictating order in ch/s. hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 04.07.2024     for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: None present for plaintiff
Advocate  Metakari   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019 ie five years old.
Earlier order, if any, to continue till next date.
Adjd  to 20.08.2024    for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: None present for plaintiff
Advocate  Metakari  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
This is DPL Suit, hence matter referred to Maha-Lokadalat on 28.09.2024
Issue Notice to plaintiff on Court Motion
Earlier order, if any, to continue till next date.
Adjd  to   28.09.2024    for Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: Matter pertain to Court Room No.4
Plaintiff and advocate absent.
Adv Sheetal Metkari for MMC/ Defendant (WardN ) present.
Plaintiff and advocate absent therefore,  matter is not settled.
Adjd for N/M Hrg  on 12.11.2024.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Swapnil Bharti  for defendant/BMC present.
This is DPL Matter and there appears element of settlement. Hence matter referred to Mahalokadalat on 14.12.2024
plaintiff is directed to remain present on 14.12.2024 before 10.30 am.
Issue notice to plaintiff for Lokadalat
Plaintiff to tender NM NO. 1855/2019 till next date
Adjd  to   14.12.2024  for  Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Adv. Swapnil Bharti present for BMC N ward.
Plaintiff absent. Their counsel is absent. Hence matter could not be settled. Hence matter returned back to the concerned court.
Adj to 28/01/2025.
Next Purpose: FOR___________________
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Adv. Mr. Holmagi for the plaintiff is present and sought time to tender registered NM. Sufficient time is already granted. Hence, this request is discarded. The plaintiff failed to tender registered NM since 22.04.2019. Hence, it posted for dismissal. He is called upon note that in case of default, further suitable order including vacation of interim relief, would follow. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Earlier order continue, if any till next date.
Adjourned for tendering registered NM/NM dismissal/NM reply to 06-02-2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Sujeet Holamagi h/f Adv. Mr. Holamagi for the plaintiff is present and filed application for time to tender registered NM.  Taken on record. It is marked as Exhibit 2. O- The record shows that sufficient time is already granted to tender the registered NM since 22.04.2019. On last occasion also, the plaintiff sought time to tender this registered NM, but in vain. It seems that after securing the interim relief, the plaintiff is not interested to proceed with the NM. Still, considering the reasons, time is extended to tender registered NM till the next date, subject to payment of costs of
Rs. 5,000/- ( Rs. Five Thousand) in favour of the DLSA, Mumbai. In default, the suit/NM would stand dismissed. Adv. Mr. Swapnil Bharti  for defendant/MCGM is present. Earlier Order, if any, is continued till next date.
Adjourned for Costs/Compliance/tendering registered NM/NM dismissal to 27.03.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to comply with the Order of Costs and to proceed with the matter. Hence, the NM is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Earlier Order, if any, is continued till the next date.
Adjourned for NM dismissal  to 12.06.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-06-2025

Date: 12-06-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter pertain to C.R. No. 04)
Adv. Mr. Holamagi for the plaintiff is present. Adv. Ms. Pooja Nagarthawar h/f Adv. Mr. Bharti for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM dismissal to 22.07.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Holamagi for the plaintiff is present.
AAdv. Ms.Rupali Patil for defendant/MCGM is present.
LD. Adv for plaintiff requested for short time for compliance. Granted strictly as a last chance.
Adjourned for cost/compliance/tendering register N.M. and dismissed to 20.09.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Costs and compliance not done. Last chance granted to the plaintiff. Even registered NM is not filed on record. In the interest of justice chance is granted for compliance or else further order shall be passed.
Adjourned for Costs/Compliance/tendering registered NM/dismissal to 11.11.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Holamagi for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Costs and compliance not done. Even registered NM is not filed on record.
In the interest of justice last chance is granted for compliance or else further necessary order shall be passed.
Earlier Order, if any, is continued till the next date.
Adjourned for Costs/Compliance/tendering registered NM/dismissal to 20.12.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for NM dismissal to 12.02.2026
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
	Plaintiff and his Adv are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. Even, plaintiff failed to tender registered NM No. 1855/2019 since long. Even, cost imposed by this Court on 06.02.2025 also not paid yet. NM is pending since 2019. More than sufficient opportunity have been grarnted to proceed, but in vain. It shows, he is not keenly interested to proceed. It would not be appropriate to keep it pending for the same stage since long. Thus, NM No. 1855/2019 stands dismissed for want of prosecution and finally disposed of.
Adjourned for writ of summons to 04.04.2026
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-04-2026

Date: 04-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None for the plaintiff is present.
Adv. Ms. Rupali Patil  for defendant/MCGM is present.
       Plaintiff is absent when called repeatedly. Even, he was absent on last date, therefore, his untendered NM 1855/19 was dismissed on 12.02.2026 for want of prosecution. It appears that, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending years together. Thus, Suit stands dismissed for want of prosecution and finally closed.
Nature Of Disposal: DISMISSED
Disposal Date: 04-04-2026

NOTICE OF MOTION/101855/2019

Registration Number: 101070/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104856/2019
Filing Date: 21-04-2019
First Hearing Date: 22nd April 2019
Decision Date: 04th April 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE