Mrs. Bhanu Vinod Sandis +1 moreVsMr. Ramjibhai Wala Sandis +5 more

Date: 29-07-2019
Business: Plaintiff present.
Adv.Mr.Jagdishkumar Gupta for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
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.
KB
LO
Same appearance.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd to 23.09.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Plaintiff and Adv. Present and filed register notice of motion no. 2961/2019 along with affidavit t.o.r.
Adv. Mr. Patil  for defendant/MCGM present.
Adv. Mr. Karan C. Kharate for defendant nos.1 to 3 appeared and filed Vakalatnama t.o.r.  Filed.
Adv. For defendant no.5 filed reply on N/M no. 2961/2019.
Matter adjd to 23/10/2019 for hrg.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: As Court time is over in recording evidence, hearing arguments, passing orders and misc. work hence,
Matter adjd to 29/11/2019 for hrg. On n.m.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: As Court is busy in hearing arguments in Su.775/2012 with
668/2012, 548/2010, and misc. work hence, board is
discharged.
Matter adjd to 22/01/2020 for hrg. On n.m.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. for the plaintiff present.
Adv. Mr. Suryavanshi for the defendant  MCGM Present
Adv. Mr. Karan for defendant nos. 1 to 3 present.
Adv. Mr. U. V. Singh for defendant no.5 present.
Matter is adjd to 28/02/2020 for hrg.on n.m.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Mr. J. K. Gupta for plaintiff present and seeks time. Order- Granted last chance.
Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
Adv. Mr. Karan Kharate for defendant nos. 1 to 3 present.
Adv. Mr. U. V. Singh for defendant no.5 present.
Adv. for defendant no.6 present.
Matter is adjd to  30/03/2020 for hrg.on n.m
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 22-04-2020

Date: 22-04-2020

Date: 02-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: None present for plaintiff.
Adv Suryavanshi for defendant/MCGM present.
Matter adjourned for NM arguments to 03.12.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for plaintiff.
Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
Matter adjourned for NM Hrg. to 22/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: None present for plaintiff
Adv Karan Kharate present for defendant.
Matter adjourned for NM hearing to 25.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for plaintiff.
Adv Nandanwar/Soraan present for MCGM/defendant.
Matter adjourned for NM hearing to 18.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present for plaintiff.
Adv Rawade (hf) present for MCGM/defendant.
Adv Karate present for defendant no.1 to 3
Adv Anil Mishra present for defendant no.5 and filed VP on behalf of defendant no.5.
Plaintiff to avoid delay on NM.
Matter adjourned for NM hearing to 22.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: None present for plaintiff.
Adv. Soraan present for MCGM/defendant.
Adv Kharate present for defendant no.1 to 3 and submitted that plaintiff is causing delay on NM. Plaintiff is not showing interest in NM. Hence keep NM for dismissal on next date.
Matter adjourned for NM dismissal to 21.04.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: In view of covid- 19 pandemic matter is adjd. to
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 01-07-2021

Date: 01-07-2021
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 22-07-2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-07-2021

Date: 22-07-2021
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: NM FOR DISMISSAL
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Adv. asbent for plaintiff.
Adv. Karan present for defendant no. 01 to 03
Adv. kumar h/f adv. mishra present for defendant no.04.
Matter adjourned for NM dismissal order to. 16/10/21.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. J. K. Gupta present for plaintiff.
Adv. vidya @ adv. Sutar present  for MCGM/defendant 06.
Adv. Karan Karate present for deff. no. 01, 02 and 03.
adv. mishra for deff. no. 05.
Matter adjourned for nm hrg. to. 22/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. absent for plaintiff.
Plaintiff Present in person and sought adjournment.
Adv. U. V. Singh for defendant no. 05.
Adv. Karan Kharate for defendant no. 01 to 03.
Adv. Soraan @ Adv. Diwate present  for MCGM/defendant no. 06.
As plaintiff\''s adv. is absent, Matter adjourned for nm Argument as a last chance to. 07/02/22.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: In view of the directions from the Hon''ble Bombay High Court, and Office Order No. 27/2022,  Office has declared holiday on 07/02/2022 and 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.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Gupta present  for plaintiff.
Adv. Soraan for MCGM/defendant.
Adv. Kharade present def. no. 1 to 3.
Adv. Soraan filed affidavit in reply Cum WS tor marked as Exh. 7.
and she also filed list of documents tor marked Exh. 8
On oral request made by Adv. for plaintiff, short adjournment is granted as last chance.
Matter adjourned for Nm hearing on  13-07-2022.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv.Gupta for Plaintiff present.
Adv Kharate for defendant no.1 to 3 present.
Adv. Singh  for deft no. 4 present.
Adv Smt. Kumud Soraan for defendant No.6 /MCGM present.
None for defendant no.5.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter is adjd for arguments on 29-07-2022
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Jagdish Kumar Gupta for Plaintiff present.
Adv. Karan Kharate for deft no. 1 to 3 present.
Adv Shailesh Upaddhya for deft no. 5 present.
Adv Smt. Kumud Soraan for defendant no.6/MCGM present.
None for deft no.4.
Heard arguments of both sides on NM.No.2961/19.
Matter is adjd for NM order on 04-08-2022
Next Purpose: NM  ORDERS
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Gupta for Plaintiff present.
Adv. Kiran Kharate for defendants Nos.1 to 3 present.
FRSR the following order is passed on NM No. 2961 of 2019
ORDER
1. Notice of Motion No.2961 of 2019 is dismissed.
2. Notice of Motion is disposed off.
Matter is adjd for hearing on 04-10-2022
Next Purpose: HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: None present for plaintiff.
Adv. Vayvhare present for MCGM/Def. 5
Adv. Karan Kharate present for def. 1 to 3.
Matter is adjd for issues on 06-12-2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: As Court is busy in hearing final arguments in SU No.2378/2012,  244/2023 and S.C. No.1490/2019. Hence, Matter is adjd for Framing issues on 06.04.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: As P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: None for Plaintiff.
Adv. Mrs. Ravde for MCGM present.
Matter is adjd  to 05.08.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Matter pertains to C.R. No.05
Advocate B. V. Sandis present for plaintiff and he filed application for withdrawal of suit. t.o.r. marked as Exh.9.
O- Other side to say.
None present for defendant/ BMC.
Matter adjourned for reply  on Exh.09  to 14/08/2023.
Next Purpose: REPLY
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: None for plaintiff.
None for defendant Nos.1, 2, 3 and 5.
Adv. Karwar i/b Adv. Anil Mishra for defendant No.4 present.
Adv. Pradip Patil for defendant No.6/ BMC present.
Say given by defendant Nos.4 and 6 on Exh.9, TOR.
Matter is adjd. to 28/08/2023 for hrg./ order on Exh.9.
Next Purpose: HEARING
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv. Gupta for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 31.10.2023 for hearing on review petition.
Next Purpose: HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv. Jagdishkumar Gupta for Plaintiff present.
Plaintiff no. 1 and 2 present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Plaintiff no. 1 and 2 who are present along with their advocates have admitted the contents in the application Exh. 9 and submitted that they do not want to proceed with the suit and withdraw the same unconditionally. Considering the submissions of both sides, following order is passed -
ORDER
1. Suit stands disposed off for want of prosecution as withdrawn.
2. L. C. Suit No. 1285 of 2019 stands disposed off accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 31-10-2023

NOTICE OF MOTION/102961/2019

Filing Number: 105037/2019
Filing Date: 23-04-2019
First Hearing Date: 29th July 2019
Decision Date: 31st October 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE