Mr. Bhabutmal Bherulal JainVsThe Mumbai Municipal Corporation Of Greater mumbai +1 more

Date: 25-04-2019
Business: By precipe.
Plaintiff present.
Adv. S. P. Srivastav for plaintiff present and filed draft notice of motion alongwith affidavit.
Adv.Dhumale for defendant/MCGM present.
Plaint
Vakalatnama of plaintiff.
Address Memo
List of documents.
O- Leave granted to register notice of motion.
In the mean time the defendant not to take coercive action in respect of the suit property till 04.05.2019.
Matter adjd for to 04.05.19 NM Reply.
Next Purpose: REPLY
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Adv.Mr.Shrivastava for plaintiff present.
Adv.Mr.Dhumale for defendant/MCGM present.
Adv. Of Plaintiff tendered NM No.1712/19 a/w. Affidavit t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 20.06.2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv.Mr.Srivastava for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Writ of summons filed by Adv.of Plaintiff.
NM reply filed by Adv.of BMC.
Earlier order if any to continue till the next date.
Matter adjd to 04.07.2019 for NM hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv.Mr.S.P. Shrivastava for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 08.08.2019 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv.S.R.Patil for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
As Court is busy in dictating judgment in SC 774/2013, hence, board discharged.
Matter adjd to 17.09.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Plaintiff and Adv. Mr. S. P. Shrivastav present.
Adv. Ms. Dhuri  for defendant/MCGM present.
Adv. Mr. Jayesh Parmar for applicant persent and filed Vakalatnama t.o.r. and marked as Exh.05. Order Filed.
Adv. Mr. Parmar also filed draft chamber summons alongwith affidavit t.or.
Leave granted. Chamber summons be register.
Adv. Mr. Shrivastav for plaintiff filed rejoinder t.o.r. Filed.
Adv. For defendant/Corporation filed List of documents t.o.r.  Order- Filed.
Earlier order if any to continue till the next date.
Matter adjd to 10/10/2019 for hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff absent and Adv. Mr. Shrivastav present and filed reply on chamber summons no.1796/2019 t.o.r.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Adv. For defendant present and filed registered ch/s 1796/2019 alongwith affidavit t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 26/11/2019 for hrg.on ch/s.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Plaintiff absent and Adv. Mr. S. P.Shrivastav present.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Adv. Mr. O. S. Kamwal for applicant present.
Heard arguments on notice of motion.
Earlier order if any to continue till the next date.
Matter adjd to 02/12/2019 for order on n.m
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Srivastava for plaintiff present.
Matter is adjd. To 05.12.2019  for arguments  on chamber summons and notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Matter is adjd to 06.12.2019 for Order
Next Purpose: NM  ORDERS
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. for plaintiff present.
Adv. Mr. Patil/Mrs. Tondwalkar  for defendant/MCGM present.
As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence,
Matter adjd to 07/12/2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 11/12/2019 for order on n.m.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Adv. Mr. Vinayak Gaonkar h f Adv. Mr. Shrivastav for plaintiff present. Adv. Mr. Suryavanshi for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion No.1712/2019   O R D E R The  Notice of Motion No.1712/2019 is dismissed. L. O. at 05.05 p.m. Adv. For plaintiff filed an application for extension of earlier order t.o.r. and marked as Exh. Order EOC is extended for 10 days to prefer appeal. Matter adjd to 16/01/2020 for reply on ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Mr. Vingale for plaintiff present
Adv. Mrs. Rawade for defendant MCGM Present.
Adv. Mr. Ashish Gupte for applicant present.
Adv. for plaintiff filed an application t.o.r. and marked as Exh.
                     O R D E R  O N  E X H. 07
The plaintiff as has preferred appeal hence, Exh.07 is rejected.
Mater is adjd to 13.02.2020 for hrg.on n.m.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Vinayak Gaonkar for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Heard arguments of plaintiff and MCGM on chamber summons.
Matter is adjd to 29/02/2020 for arg.of applicant.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mr. Vinayak for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Applicant and advocate absent.
Matter is adjd to 05/03/2020 for order on ch/s .
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Plaintiff and Adv. absent.
Adv. Mrs. Rawade for MCGM/deft present.
The applicant in chamber Summons no. 1796/2019 is absent.
Steps not taken to prosecute the chamber summons. 1796/2019 hence, dismissed by default.
Matter is adjd to  11/06/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv Vinayak present for plaintiff.
None present for defendant.
WS not filed yet.
BMC shall avoid delay in WS.
Matter adjourned for WS to 19.01.2021.
LO at 11.45 am.
Adv Rawade present for MCGM/defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Court is on CSIC Training.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv Gavkar (hf) present for plaintiff.
Adv Nandanwar (hf) present for MCGM/defendant.
Reply is treated as WS by Adv of defendant at Exh.8.
Matter adjourned for framing issues to 06.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv. Gavkar H/f adv. Shrivastav present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Exh. 09 Issues are framed.
Matter adjourned for R./e. to. 22/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Adjourned due to Covid 19.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv. Gaokar present h/f for Adv. Shrivastav for plaintiff.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for RE to. 18/09/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: As presiding officer is on leave, hence matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None Present For Plaintiff.
Adv. Sutar present for MCGM/defendant.
Plaintiff\''s evidence is awaited.
As plaintiff and his adv. absent,
Matter adjourned for RE  to. 27/01/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
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: RECORDING EVIDENCE
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: As Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is busy.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Court is busy in Recording Evidence in High Court Time Bound Matter i.e. L.C Suit No. 825 of 2014 and  Recording Evidence in L.C Suit No. 1018 of 2009 and L.C Suit No. 1019 of 2009. Hence want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff is directed to appear and lead evidence on next date without fail. Matter is adjd for RE on 28-03-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Adv. Srivastav for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Matter is adjd to 01.08.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Adv. S. P. Shrivastava for plaintiff present.
Plaintiff is also present.
Adv. Rawade for defendant/ BMC present.
Adv. for plaintiff tendered withdrawal application, TOR and marked as Exh.9. O - Since the plaintiff who is present with his advocate does not want to proceed with the suit on the ground that the defendant/ MCGM already demolished the notice structure. The plaintiff is withdrawing the suit unconditionally. Hence following order is passed-
ORDER
1.  Suit stands disposed off for want of prosecution in view of withdrawal application Exh.9
2.     L.C. Suit No.1105/2019 stands disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-08-2023

NOTICE OF MOTION/101712/2019
CHAMBER SUMMONS/101796/2019

Filing Number: 105016/2019
Filing Date: 23-04-2019
First Hearing Date: 25th April 2019
Decision Date: 01st August 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE