Mr. Subhash Gopal PendurkarVsMCGM

Date: 13-04-2018
Business: By Precipee
Adv.Mr.M.A.Attar for Plff.present.
Adv.for Plff.tendered draft N/m along with affidavit t.o.r.  Leave granted to register N/m.  Returnable on next date.
Adv.Mr.Giri for BMC/Deft.present.
Adv.for BMC filed reply t.o.r.  Copy served to other side.
Adv.for Plff.tendered list of documents t.o.r.
Adjd.for rejoinder and hearing on 16.04.2018 at 11.00 am.
Next Purpose: REJOINDER
Next Hearing Date: 16-04-2018

Date: 16-04-2018
Business: Advocate Mr. M. A. Attar for the plaintiff present.
Advocate Mr. Giri for BMC/deft present.
Rejoinder tendered by the plaintiff. t.o.r.
Copy of rejoinder served to other side.
Heard Ld adv for both the sides. In the case in hand the Ld adv for the plaintiff has placed on record copy of sanctioned plan, copy of completion certificate and registered conveyance. As such, the so called notice structure is not completely unauthorized. The Ld adv for MCGM sought time to verify the exact unauthorized extended portion. Hence, the concerned officer to submit the measurement report of the suit premises. The measurement to be done in the presence of plaintiff. The concerned officer is directed to remain present alongwith inspection report before the court on next date.
Matter be fixed for ad-interim hearing, till then, no coercive action shall be taken
Time is extended for registration of NM.
Matter adjd to 27.04.2018 for  ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: Adv.Mr.Bhushan Vardhman for Plff.present.
Adv.for Plff.tendered original registered N/m No.1592/18 t.o.r.
Adv.Mr.Giri for BMC/Deft.present.
Jr.Engineer, Mr.Nalawade is present.
Measurement Report filed by Officer of BMC t.o.r.and marked at Exh.2.
Copy served to adv for Plff.
In view of Exh.2 matter be kept for ad interim hearing on
02.05.2018.
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 02-05-2018

Date: 02-05-2018
Business: As Court is on half day (afternoon Session) C.L., Matter adjd to 11.06.2018.
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Adv. Mr. Bhushan Vardhman for plff present and tendered reply to inspection report.
Adv. Mr. Giri for deft./BMC present.
Earlier order to continue till next date.
Adjd for N/m hrg to 09.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Adv. Mr. Bhushan Vardhaman for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 23.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2018

Date: 23-07-2018
Business: Adv. Mr. Bhushan Vardhaman  for Plaintiff present.
Adv. Mr. Giri  for defendant / BMC present.
O - Earlier order to continue till next date.
O - Granted as last chance.
Adjd. to 30.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2018

Date: 30-07-2018
Business: Adv. Bhushan Vardhaman for plaintiff present and filed adjournment application, TOR and marked Exh. 3.
O- Adjournment grated as a last chance.
BMC Adv. Mr. Giri for defendant / BMC present.
Matter adjd.to 27.8.18  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Adv. Bhushan Vardhaman for plaintiff present.
Adv.Mestri for defendant no. / BMC present.
Earlier order to continue till next date.
Matter adjd. to 21.9.18 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: (In charge of C. R. No. 8)
Adv. Bhushan Vardhaman for plaintiff present.
Adv. Mhatre for Deft./BMC Present.
As court is busy in NM hearing, board is discharged.
Earlier order to continue till next date.
Matter adjd. to 2.11.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: None for plff.
Adv Mhatre for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 9/01/2019 for NM hearing.
Later on..
Adv Rajak for plff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2019

Date: 09-01-2019
Business: (In-charge Court of C.R.No.8)
Adv. Bhushan Vardhaman for plff. present.
Adv Mrs.Bhoir for BMC/deft. present
Earlier order to continue till next date.
Adjd to 06/03/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. Mr. Bushan Vardhaman for Plff present.
Adv. Mr. Diwate h/f Mrs. Bhoir for MCGM/Deft No.1 present.
On oral request of advocate for Plff, adjournment granted.
Adjd to 24/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/Deft present.
Adjd to 17/7/19 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Adv. M. A. Attar for plaintiff present.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 13.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adjd to 19/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 03.05 p.m.  Hence N/M no. 1592/18is kept for dismissal on next date.
Adjd to  11-02-2020 for N/M dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv. M.A.Attar for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Adv. for plaintiff requested to NM hearing on next date .Last chance given.
 Matter adjd to 21.04.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None for plaintiff.
Adv. Mrs. Smita Chavan for Defendant/MCGM present.
Matter adjd to 19/01/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: None for plaintiff.
Adv Mrs. Hajare h/f Adv Mrs. Chavan for deft/ MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 11/03/2021 for N/M Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. M.A. Attar for plaintiff present and requests for time to argue the N/m. Time is granted till next date.
Adv. Chavan  for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 10/06/2021 for N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 28/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 30/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Today matter is fixed for NM hearing, but neither Plaintiff nor advocate present. Hence, matter is kept for NM dismissal.
Earlier order, if any, to continue till next date.
Matter is adjd to 25/01/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 24.02.2022 for NM dismissal.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Today matter is kept for NM dismissal. The plaintiff and his advocate absent. It shows that plaintiff is not interested to proceed with the NM, hence NM NO.1592/2018 is dismissed for want of prosecution.
Reply cum W/s is already filed by defendant  /MCGM, today marked as Exh.4.
Adjd. to 26/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: None for plaintiff.
Adv Rawade for deft/MCGM present.
Adjd. To 21-07-2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Draft issues not tended by both the parties.
Exh. 5 - Issues are framed.
Adjd. to 13/09/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 17/11/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None for plaintiff.
None for defendants.
Adjd. to 12/01/2023 for plaintiff\''s evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for plaintiff.
None for defendant/ BMC, N-ward.
Adjd. to 16/03/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: None for plaintiff.
Adv. Mhatre for defendant/ BMC is present.
Issues are framed on  21/07/2022 and since last three dates matter is adjourned for plaintiff evidence. However, neither plaintiff nor advocate remained present. Hence, suit is kept for dismissal order.
Adjd. to 08/06/2023 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: None present for plaintiff.
Adv. Smt. Mhatre  for defendant/ BMC is present.
Suit is year 2018 and Issues are framed on 21.07.2022 and since then matter is pending for plaintiff\''s evidence. However Roznama shows that neither plaintiff nor his Advocate remained present. Therefore on previous date matter was adjourned for dismissal of the suit due to none appearance of the plaintiff and his Advocate. Inspite of that today none present for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefor I have no option to dismiss the suit for want of prosecution. Hence, following order is passed.
Order below Exh. 1
Suit is dismissed for default under order 9 Rule 8 of the Civil Procedure Court.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-06-2023

NOTICE OF MOTION/101592/2018

Registration Number: 101020/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105089/2018
Filing Date: 09-04-2018
First Hearing Date: 02nd July 2018
Decision Date: 08th June 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE