Pro. Dadasaheb Khamkar Mandai +1 moreVsMCGM +5 more

Date: 26-04-2019
Business: Adv. Jagtap for plaintiff present.
Adv. Puranik with Adv. Divte for defendant nos.1 to 3 present and filed reply to draft NM.
Adv. Mangal Kadam for defendant nos.4 and 5 present and submitted that defendant nos.4 and 5 does not want to file reply.
Dr. Sangita Hasnale Assistant Commissioner (Market) present.
 On request of advocate for plaintiff, by consent, matter is adjourned to 30.04.2019 at 12.00 pm for filing rejoinder by the plaintiff and argument in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Matter was ordered to be taken up at 12.00 noon as per the directions given on  previous date. Advocate for plaintiffs Mr. Jagtap is present.  Adv. Ms. Mangal Kadam for defendant nos.4 and 5 present.  Advocate for plaintiff tendered registered NM 1696/2019 with affidavit in support.  Since nobody is present for defendant nos.1 and 2 matter is kept back in afternoon session.
LO
Adv. Jagtap for plaintiff present.
Adv. Puranik with Adv. Om Suryavanshi for defendant nos.1 to 3 present.
Adv. Mangal Kadam for defendant nos.4 and 5 present.
Dr. Sangita Hasnale, Asst commissioner (market) present.
By consent, adjourned to 03.05.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Adv. Jagtap for plaintiff present.
Adv. Puranik with Adv. Om Suryavanshi for defendant nos.1 to 3 present.
Dr. Sangita Hasnale, Asst commissioner (market) present.
KB
LO.
Adv. Mangal Kadam for defendant no.4 and 5 present.
Advocate for plaintiff tendered rejoinder in NM 1696/19.
Advocate for the plaintiff filed application seeking permission to withdraw the notice of motion in view of the affidavit in reply filed by the defendants.
Advocate for defendant/BMC endorsed reply on the application itself.
Heard. Plaintiffs are ready to vacate their respective premises on 09.05.2019 and handover possession to defendant/BMC on 10.05.2019. Defendant/BMC has informed that it will handover possession of the premises in the ground floor of Trishul Building to the plaintiffs by the end of June-2019.
In view of those statements, NM NO.1696/19 is allowed to be withdrawn with liberty to file appropriate Notice of motion by the plaintiff, if required, as is mentioned in the application under order.  NM No.1696/2019 is thus disposed of as withdrawn
By consent, adjourned to 09.07.2019 for WS.
On request, authenticated copy of roznama be given to the advocates for both sides.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Adv. Jagtap for the Plaintiff present.
Adv. Suryawanshi for Defendant No. 1 present.
Plaint.
Vakalatnama of plaintiff in plaint.
Memorandam of address in plaint.
Adv. Sangita Yadav for D.No. 6 present. She filed vakalatnama on behalf of Defendant No. 6
Order -Filed.
Matter is adjd. to 30.07.2019 for  W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. Mr. Sameer Jagtap for the Plaintiff present.
Adv. Mr. Suryawanshi for MMC/Defendant No.1 to 3 present
Adv. Ms. Sangeeta Yadav for Defendant-6 present.
Adv. Ms. Mangal Kadam for Defendant-4 and 5 present.
By consent Advocate Nitin Ghavre is hereby appointed as court commissioner for inspecting the suit premises. The court commissioner is directed to take photographs of the suit premises and submit the report as to whether the suit premises is in a habitable premises for its use.
The plaintiffs are directed to handover Court Commissioner fees of Rs. 5000/- to the Court Commissioner today.
Court Commissioner has received fees of Rs.5000/- from the Plaintiff.
Matter is adjd. to 3.08.2019 for awaiting report of court commissioner.
Next Purpose: REPORT
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: None present  for the Plaintiff.
Adv. Suryawanshi with Puranik for MMC/Defendant No. 1 to 3 present
Officer of the Defendant present.
Court commissioner absent.
Photographs tendered by the Defendant. t.o.r.
Matter is adjd. to 7.08.2019 for awaiting report of commissioner.
Next Purpose: REPORT
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Jagtap for the Plaintiff present.
Adv. Puranik with Suryawanshi for MMC/Defendant No. present
Adv. Mr. Niraj Prajapati for Defendant no. 6 present.
Court commissioner Adv Gharge present and he has tendered his report. t.o.r.
Mr. Umesh B. Dhalake Sub Eng. (Maintenance dept) and Mr. Rohit Galande Jr. Eng.(Maintenance dept.)
Matter is adjd. to 8.08.2019 .
Next Purpose: REPORT
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Plaintiffs present. Adv. Jagtap for the Plaintiff present.
Adv. Puranik with Suraywanshi for the Defendant-1 to 3 present.
Adv. Sangeeta Yadav for Defendant-6 present.
Adv. Prabhu for MHADA Defendant no. 4 and 5 present.
BMC officers Mr. Umesh Dhadke Sr. Eng. (Main), Rohit Galande Jr. Eng. (Main), Arvind Matal, Market Inspector of Defendant present.
All the plffs and their advocate are hereby directed to remain present on 23.08.2019 for allotment of concerned said Galas to concerned plffs by way of lottery system at Market place/ Dadasaheb Khamkar Mandai
Matter is adjd. to 26.08.2019 for compliance report.
Next Purpose: REPORT
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Jagtap for the Plaintiff present.
Adv. Puranik with Chandramore for Defendant-1 to 3 present.
Adv. Mangal Kadam for Defendant nos. 4 and 5 present.
Officers Dr. Shrad Aarakh, DySM and Mr. Matal, Market Inspector present.
Report submitted by Defendant nos. 1 to 3 regarding handing over possession of  galas in the market to the Plaintiff except Plaintiff no. 2. The plffs even not raised any objection in respect of receipt of shop/gala as per the report submitted by Defendant nos. 1 to 3.
Matter is adjd. to 18.09.2019 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Mr. Jagtap for the Plaintiff present.
Adv. Ms. Sangeeta Yadav for Defendant-6 present.
Adv. Ms. Chandramore for BMC/Defendant no.  present.
Officer present. He is directed to issue possession letter to the concerned Plaintiffs to whom they have handed over actual possession of respective galas.
Matter is adjd. to 1.10.2019 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Jagtap for the Plaintiff present.
Adv. Puranik with Chandramore for Defendant-1 to 3 present.
Adv. Mangal Kadam for MHADA Defendant no. 4 and 5 present.
Adv. Ms. Sangeeta Jadhav for Defendant-6 present.
Officers on behalf of BMC present.
Matter is adjd. to 25.11.2019 for further compliance
Next Purpose: SETTLEMENT
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: None for plaintiff present.
Adv.Ms.Chandramore for BMC/defendants Present.
Matter adj for settelement to 27.01.2020.
L.O. at 5.20pm
Adv.Jagtap for plaintiff is present.
Adv.Ms.Chandramore for BMC/deft/No.1 to 3 is Present.
Adv.Mangal Kadam for Defendant No.4 and 5 is present.
By consent dt. prepond to 17.12.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Next Purpose: SETTLEMENT
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv.Jagatap for Plaintiff is present.
Adv.Chandramore  for defendant no. 1 to 3 is present. On her request matter is KB
KB
L.O.at 01.00   pm
Adv. Mangal Kadam  for defendant no.4 is present.
Adv. Sangita Yadav for defendant no.5 is present.
Same appearance of adv. of plaintiff.
Adv. Puranik with adv. Chandramore  for defendant no. 1 to 3 is present.
Mr. Arvind Matar, Market Inspector of BMC is present.
By consent matter is adjd.  for settlement  to 21/01/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Next Purpose: SETTLEMENT
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Representative of  plaintiff is present. adv. is absent.
None present   for defendant .
KB
L.O.at 01.00 pm
Adv. Jagtap for plaintiff is present.   He submitted that allotment of room  to plaintiff no. 2 is in progress and seeks adjournment for settlement.
Adv. Puranik for defendant no.1,2 and 3 is present.
Adv. Mangal Kadam for defendant no. 4 and 5 is present.
By consent matter is adjd.  for settlement to 12/03/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: None present  for the Plaintiff.
Adv. Mr. Puranik for BMC/Defendant nos. 1 to 3 present and he seeks further time to finalize the settlement. Time granted.
Adv. Mangal Kadam for Defendant nos. 4 and 5 present.
Matter is adjd. to 3.04.2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: SETTLEMENT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: SETTLEMENT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Adv.Mr.Jagtap for plaintiff present.
None present for defendant.
Matter is adjd. to 08.01.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv. Mr. Samir Jagtap for the plaintiff.
Adv. Chandramore for the defendants no.1 to 3.
Matter is adjd. to 27/01/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv. Mr. Samir Jagtap for the plaintiff.
Adv. Ms. Kadam for the defendants No.4 and 5.
KB
L.O.
Adv. Mr. Samir Jagtap for the plaintiff.
Adv. Chandramore along with Adv. Mr. Puranik for the defendants No.1 to 3.
On oral request of the ld. Advocate for the defendants No.1 to 3  Matter is adjd. to 11/02/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Samir Jagtap for the plaintiff
Adv. Puranik  for the defendant/BMC.
Adv. Ms. Mangal Kadam for defendants No.4 and 5.
Matter is adjd. to 29/04/2021  for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: due to covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Adv.Jagtap for plaintiff.
None for defendant.
Matter adjd to 08.07.2021. for Settlement .
Next Purpose: SETTLEMENT
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mangal Kadam for defendant No.4 present.
Issue notice to both parties.
Matter is adjd. to 25/09/2021 for Lok-adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: matter is not trace out
Next Purpose: SETTLEMENT
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: As Court is busy in hearing argument in SU No.6910/78 and SU No.4289/19. Hence, Board is discharged.
Matter is adjd. to 14.01.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Adv Jagtap for plaintiff present.
Adv Sangeeta Yadav for defendant no.6 present.
Matter is adjd. to 10.03.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Jagtap for Plff. present.
Adv.Mangal Kadam for defendant no. 4 and 5/MHADA present.
None present for corporation.
Adv. Jagtap submits that entire matter is settled except Plff. no. 2. He submits that if BMC allot premises of entrance of the market to Plff. no. 2 his claim also will be settled. However, he submits that as none is appearing for the corporation today, the matter may be adjourned at any convenient date. In view of his submissions  Matter is adjd. to 31-03-2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. Jagtap for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Adv. Chandramore a/w Adv. Puranik  for BMC present.
Adv. Sangeeta Yadav a/w Adv. Umesh Gupta for defendant no. 6 present.
Ld. Adv. Puranik submits that the settlement in respect of plaintiff no. 2 is not possible and the matter needs to be adjudicated. Hence suit is listed for written statement subject to limitation.
Matter is adjd. to 21-06-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Reshma Salunkhe for plaintiff present.
Adv. Puranik a/w Adv. Chandramore for BMC present and seeking time for WS. Subject to limitation time granted.
Mr. Arun B. Sawant, BMC officer present.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd.  10-08-2022 for  WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Reshma Salunke for plaintiff present.
Adv.Chandramore for defendant/BMC present and submitted that the reply filed to NM no. 1696/19 be treated as WS. Hence, reply is treated as WS. Read and recorded marked as Exh. 06
Adv.Mangal Kadam for defendant no. 4 and 5/MHADA present and submitted that they are not going to file WS. Hence, suit proceed without WS against deft.no. 4 and 5.
Adv. Umesh Gupta for defendant no. 6 present and submitted that he is also not going to file WS. Hence, suit is proceed without WS against deft.no. 6.
Matter is adjd. to 10.10.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Jagpap present for plaintiff.
Officer, Mr. Arun Sawant, Assistant Superintendent (Market), BMC present.
Adv. Puranik a/w Adv. Chandramore for defendant No.1/BMC present.
Adv. Mangal Kadam for defendant No.4 and 5/MHADA present.
Adv. Umesh Gupta I/b Adv. Sangeeta Yadav for Deft.No.6 present.
Plaintiff and defts. advocate submitted that there is chances of settlement. Adv. for BMC is also consented for compromised. Hence, Matter is adjd. to 20.10.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Reshma Salunkhe I/b Jagtap and Jagtap for plaintiff present.
Adv. Puranik for defendant No.1/BMC present and submitted that there is chances of compromised. Hence, seeking one week time. Time granted.
Matter is adjd. to 29.11.2022 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Representative of plaintiff present.
Adv. Mangal Kadam for defendant Nos. 4 and 5/MHADA present.
Adv. Chandramore for BMC/Deft.no.1 present.
KB
LO at 12.34 p.m.
Adv. Jagtap for plaintiff present and submitted that the settlement is completed but the plaintiff no. 2 is yet not present he will comply the term of settlement before the next date and seeking time for settlement. Sufficient opportunities have been given to plaintiff. If he fails to settle the matter on next date, necessary order will be passed.
Matter is adjd. to 13.12.2022 for Settlement at 1.00 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Plaintiff no. 2 present.
Adv. Jagtap for plaintiff present and seeking time for filing settlement and verification of documents. Time granted.
Adv. Puranik a/w Adv. Chandramore for defendant/BMC present.
Adv. Mangal Kadam for defendant nos. 4 and 5/MHADA present.
Matter is adjourned to 12.01.2023 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None present for plaintiff.
Adv.Mangal Kadam for defendant/MHADA is present.
Matter pending for settlement, Hence matter is Kept back. Later on 11.46 am.
Plaintiff present in person.
Adv.Reshma Salunkhe for plaintiff is present.
Adv.Chandramore for defendant no.1 to 3 is present.
Adv.Umesh Gupta I/b Adv.Sangeeta Yadav for defendant no.6 is present. Perusing record is appears that matter is pending for settlement since January 2022 the parties are not settled the matter. Hence, they are directed to settle the matter on or before next date failing which necessary order will be passed.
Matter is adjourned to 06.02.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present for Plaintiff.
Adv. Chandramore for defendant No.1/BMC present.
Adv. Mangal Kadam for defendant nos 4 and 5/MHADA present.
KB for officer of BMC.
LO at 1.15 pm.
Officer of BMC, Arun Sawant, Assistant Supt. Market present.
Plaintiff no. 2 present.
Adv. Jagtap for plaintiff Nos. 1 and 2 present.
KB for BMC counsel.
LO at 3.39 pm
Adv. Jayant Puranik a/w Adv. Chandramore for Defendant No.1/BMC present.
Plaintiff No.2 present and filed affidavit Exh. 7 on record she identified her advocate.
Matter is adjourned to 27.02.2023 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Adv. Jagtap for plaintiffs is present.
None for defendant.
KB 12.49 pm
Adv. Jagtap for plaintiff is present and submitted that the defendant/Corporation will handover the possession of suit premises to plaintiff No. 2. He also filed pursis that the plaintiff No. 1 have been already alloted the suit premises in presence of Court commissioner. The plaintiff No. 2 is filed affidavit.
Adv. Mr. Purnaik a/w Adv. Mrs. Chandramore for defendant/BMC is present and submitted that the Officer of the BMC is present but after confirmation from the Office he will filed pursis on the next date.
Adv.Umesh Gupta I/b Sangeeta Yadav for defendant no.6 is present.
Matter is adjourned to 25.04.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Plaintiff and Adv. Reshma Salunkhe I/b Jagtap and Jagtap present.
Adv. Chandramore for defendant Nos. 1 to 3/BMC present.
Adv. Mangal Kadam for defendant nos. 4 and 5/MHADA present.
Adv. Umesh Gupta I/b Adv. Sangeeta Yadav for defendant No. 6 present.
Mr. Arun B. Sawant, Assistant Superintendent-Market Zone-II, BMC officer present.
Matter is adjourned to 23.06.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Mr. Jagtap for the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos.1 to 3/BMC is present.
Adv Ms. Mangal Kadam for defendant nos.4 and 5/MHADA is present.
Mr. Arun B. Sawant, Assistant Superintendent-Market Zone-II, BMC officer present.
Adjourned for draft issues to 27.07.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Adv. Ms.Reshma Salukhe for the plaintiff is present.
KB LO at 12:02 pm.
Adv. Ms. Chandramore for defendant Nos. 1 to 3/BMC is present.
Matter is adjourned to 31.07.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Representative of plaintiff is present.
Adv. Mr. Jagtap for the plaintiff is present.
Adv. Mr. Puranik a/w Adv. Chandramore  for defendant Nos. 1 to 3 /BMC is present.
Adv. Ms. Mangal Kadam for defendant Nos.4 and 5/MHADA is present.
Mr. Sachin Shankar Ghevde, Assistant Engineer, BMC is present.
KB LO at 12:30 pm.
Adv. Mr. Umesh Gupta i/b Adv.  Sangeeta Yadav for defendant
No. 6 is present.
Adv. for the plaintiff filed the application that she be allotted to Gala No. 4.  TOR. It is marked at Exh. 09. Other side to say.
Adv. for defendant Nos. 2 and 3 filed reply overleaf.
Matter is adjourned to 04.08.2023 for hearing on exhibit.
Next Purpose: HEARING
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Plaintiff No. 2 is present.
Adv. Mr. Jagtap for the plaintiff is present.
Adv. Mr. Puranik a/w Adv. Chandramore for defendant Nos.1 to 3/BMC is present.
Adv. Ms. Mangal Kadam for defendant Nos 4 and 5/MHADA is present.
Mr. Arun Sawant, Assit. Superintendent Market, Zone-II is present.
Order below exhibit No. 09:
	Plaintiff No. 2 has filed present application by submitting that she was allotted one shop premises in the Mandai in the lottery system as per the order and direction of this Hon’ble Court. At the relevant time plaintiff No. 2 did not accept the Gala/Shop allotted him in the lottery system. The plaintiff No. 2 requested to allot him vacant premises being shop/Gala No. 4 at the outer portion of the said Mandai which is situated in suit premises being Trishul Building. It is further submitted that plaintiff No. 2 requested the concerned Officer of the BMC who agreed to hand over said Gala No. 4 to him. Hence, plaintiff prayed that she be allotted the gala No. 4 on the ground floor of Trishul Building, Ganpatrao Kadam Marg, Mumbai.

	Say of other side was called. Accordingly, defendant Nos. 2 and 3 filed say that as per instruction from officers i.e. Sachin Ghewade, Gala No. 4 at ground floor is vacant. That plaintiff NO. 2 submitted indemnity bond with office and said gala can be allotted to plaintiff No. 2 if court passes such order.
	Both plaintiff and officer of BMC submitted before Court that plaintiff No. 2 is ready to accept said gala and BMC is ready to hand over said gala to plaintiff No. 2. In view of submissions, made on behalf of both the parties following Order is passed:
ORDER
Defendant Nos. 1 to 3 are directed to hand over Gala No. 4 on the ground floor of Trishul Building, Ganptrao Kadam Marg, Mumbai to plaintiff No. 2 as agreed between them.
Matter is adjourned to 22.08.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Mr. Jagtap for the plaintiff is present.
Adv. Mr. Puranik a/w Adv. Chandramore for defendant No.3/BMC is present and submitted that formalities of settlement are to be completed and seeks adjournment.
Adv. Ms. Mangal Kadam for defendant Nos.4 and 5 /MHADA is present.
With consent of both the sides matter is adjourned to 13.09.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Son of plaintiff No. 2 is present.
Adv. Mr. Puranik a/w Adv.  Chandramore for defendant Nos. 1 to 3/BMC is present.
Adv. Ms. Mangal Kadam for defendant No.4/MHADA is present.
Adv. Mr. Umesh Gupta for defendant No. 6 is present.
Adv. for defendant No. 3 submitted that their officer has undergone operation and prayed for adjournment.
Matter is adjourned to 20.10.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: By Praecipe matter is taken on today\''s board.
The plaintiff is present.
Adv. Mr. Jagtap for the plaintiff is present.
Adv. Mr. Jayant Puranik a/w Adv.  Meena Dhuri for defendant Nos. 1 to 3 /BMC is present.
Adv. Ms. Mangal Kadam for defendant No.5/MHADA is present.
Adv. Mr. Umesh Gupta for defendant No. 6 is present.
Mr. Arun Balkrushna Sawant, Inspector, BMC is present.
Adv. for the plaintiff filed pursis for withdrawal of suit. TOR. It is marked at Exh. 10. O- Today, plaintiff No. 2 Shyamdulari Mewalal Nishad filed prusis for withdrawal of the suit by submitting that matter has been settled amicable out of the Court and defendant No. 1 has allotted Gala No. 4 situated at the entrance of mandai  to the plaintiff. Since plaintiff is withdrawing the suit unconditionally permission is granted to withdraw the suit. hence, I proceed to pass following order
ORDER
Suit No. 1088 of 2019 stands disposed as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-10-2023

NOTICE OF MOTION/101696/2019

Registration Number: 101088/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 104933/2019
Filing Date: 22-04-2019
First Hearing Date: 26th April 2019
Decision Date: 06th October 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE