Mr. Lallan Khan Shammu KhanVsMCGM

Date: 30-04-2019
Business: Advocate Ravindra Singh h/f adv. A.M.Saraogi for plaintiff present and filed draft notice of motion along with affidavit.
Advocate Ms.Hajare for defendant/MCGM present.
Perused.  Heard.
          The plaintiff has come with the case that he is the tenant in a premises comprising of ground plus mezzanine floor and has not carried out any additions or alterations of whatsoever nature in respect of the suit premises.  The declaration and injunction is sought in respect of the same ground plus mezzanine floor structure.  The impugned Notice is issued to the alleged unauthorized construction  above existing ground plus 1st floor structure i.e. presumably the second floor structure.
       Advocate for plaintiff makes a statement that if in pursuance to the impugned Notice and Order defendant Corporation acts against the alleged unauthorized structure above ground plus first floor, without taking action against the ground plus mezzanine floor structure, the plaintiff has no objection for the same.  Said statement is accepted.
      Advocate for defendant Corporation makes a statement that the impugned Notice and Order will not be implemented against the ground floor and mezzanine floor but will be implemented as against the unauthorized illegal structure above the existing ground plus first floor.  Said statement is accepted.  In view of the statements made by the Advocates for plaintiff and defendant there is no necessity to grant ad-interim relief as asked for.  Defendant shall be bound by the statement. Leave is granted to Register the Notice of Motion.  Defendant to file reply to the Notice of Motion made returnable on 20.7.2019.
The Case is adjd. To 20.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: Adv. Narvekar h/f adv. Saraogi for plaintiff present. And original Notice of Motion No.1853/19 along with affidavit in support of Notice of Motion. T.O.R.
She also tendered original Writ of summons. TOR and marked as Exh. 2
Advocate Ms.Mhatre for defendant/MCGM present.
The case is adjourned to 18.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: As Court is busy in hearing NM in suit no. 2453/15, 2057/19 and in hearing ad-interim matters in ST no. 2469/19 and ST 10053/19 and also in dictating Judgment in suit no.926/11 and NM orders in suit no.4593/12. The case is adjourned.
The case is adjourned to 01.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: Advocate Ms. Phiroza Shaikh h/f adv. Saraogi for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to  06.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Mr. Ravindra Singh h/f A.M. Sarogi for Plff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Matter is adjd.for NM reply on 23.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lockdown.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 24.03.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Neha Pandey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 21.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd.  To 27.11.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 30.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Mr. Viraj Singh for plaintiff is present and orally requested time to take steps against the developer. Granted strictly as a last chance.  In default, the earlier order stand vacated.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 13.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: PO is on leave hence, adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Ms. Neha Pandey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/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 posted for no reply no WS order against the defendant.
Adjourned for no reply no WS Order to 10.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Karan Chowdhary for the plaintiff is present.
Adv. Khandagale for defendant/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.
Adjourned for NM hearing (No reply) to 30.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and orally requested time for NM hearing. Time is granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 27.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing (no reply) to 20.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv. Ms. Neha Pandey for the plaintiff is present and requested for time to file written submission on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for written submissions on NM (no reply) to 03.05.2023.
Next Purpose: HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for written submissions on NM (no reply) to 14.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and requested time to file written submission on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for written submissions on NM (No reply) (LN) to 13.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. Ms. Mahima Sharma for the plaintiff is present and requested time to file written submissions. Sufficient time is already granted. Hence, this request is discarded. NM is posted for dismissal Order.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
 Adjourned for NM dismissal (No reply) to 30.10.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Ms. Sana Khan for the plaintiff is present. On her request the caption is changed. She filed written submissions on NM. Taken on record. Copy is supplied to the other side.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing by defendant (No reply) to 22.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: Adv. Mr. Vikas Mishra h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant to 14.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Sarogi for the plaintiff is present. He submitted that in this matter, no Speaking Order is passed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for Lok-adalat to 03.03.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel No.V)
Matter pertains to C.R. No. 11.
Plaintiff and his Advocate are absent.
Adv. Mr. Giri for defendant is present.
The case is adjourned to 03.05.2024.
Adv. Mr. Sanjay P. Patankar                        Panel Member                                      HHJ. SHRI. B. Y. PHAD
                  Panel Head
Next Purpose: HEARING
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: PO is on leave.
Next Purpose: HEARING
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: Adv. Mr. Vikas Mishra h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. Arvind Rathod a/w Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 31.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 23.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Mr. Vikas Mishra h/f Adv. Mr. Sarogi for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 07.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Adv. Ms. Disha Chopda h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Adjourned for NM hearing by defendant (No reply) to 03.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: Adv. Ms. Disha Chopda h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/ BMC is present. The matter is kept back.
Later on 5.30 p.m.
Adv. Mrs. Neha Pandey h/f Adv. Mr. Sarogi for the plaintiff is present. Rest appearance is as above.  Heard advocate for the BMC on NM.
Adjourned for NM Order to 20.02.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Mr. Disha Chopda h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S. R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present.
F.R.S.R. Following Order is passed in NM 1853/2019. ORDER i. Notice of Motion No. 1853/2019 stands dismissed. ii. Notice of Motion No. 1853/2019 is, accordingly, disposed of. There appears to be elements of settlement. Hence, matter referred to mediation. Adjourned for Medication report to 25.04.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Adv. Ms. Slegha Ramchandra for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Awaiting of mediation report.
Adjourned for Mediation report to 27.06.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Not on board. Taken on board.
Writ received from Hon'ble High Court APPEAL FROM ORDER NO. 198 OF 2025 WITH INTERIM APPLICATION NO. 6489 OF 2025 (Coram: GAURI GODSE, J.) on 26th MARCH 2025 the following order is passed:
5. In view of the aforesaid, nothing remains for further consideration in the appeal. In view of the above, appeal is disposed of by passing following order :
(i) In view of the report dated 30th January 2019 stating that the impugned notice is already implemented, nothing further survives for consideration in this appeal. Hence, appeal is disposed of as infructuous.
(ii) In view of disposal of the appeal, interim application is disposed of as infructuous.
Already adjourned for Mediation report to 27.06.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for dismissal to 19.07.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2025

Date: 19-07-2025
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Adv. Mr. Ammit Upadhyay for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Kept back
Later on 12.18p.m.
The appearance is as above. Ld. advocate for plaintiff submitted that plaintiff has not aware that the matter has been referred for mediation. Now, Ld. advocate for the plaintiff is aware about the above fact. Hence, plaintiff is directed to appear for mediation on the next date.
Adjourned for Mediation report to 31.10.2025.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for awaiting mediation report to 12.01.2026.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for awaiting mediation report to 13.03.2026.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: PO is on half day leave first session. Hence adjourned.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: Mediation report received at Exhibit 3.
None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for WS to 24.06.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: court is on vacant
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: None present for the plaintiff. Adv. Mrs. B.R. Bisen for defendant/ BMC is present and seeks time to file WS. Sufficient time is already granted. Hence, this request is discarded. Suit is proceeded without WS and posted for filing evidence and documents.
Adjourned for filing documents/evidence (No WS) to 26.10.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-10-2026

NOTICE OF MOTION/101853/2019

Filing Number: 105143/2019
Filing Date: 25-04-2019
First Hearing Date: 30th April 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE