Date: 04-06-2019
Business: Adv. V.T.Dubey for Plaintiff present and sought leave to register the NM. Leave is granted to register NM and is made returnable on 06.08.2019.
Adv. Ms. Mhatre for Defendant present and sought time to file reply on NM.
Adjd. To 06.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: By praecipe
Advocate V.T.Dubey for plaintiff present and filed Draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate for Plaintiff also filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
Advocate Mr.Giri for defendant/MCGM present and submitted that neither the Chamber Summons nor the NM is served on the defendant.
Advocate for Plaintiff submitted that the order under MMC act is served upon the Plaintiff yesterday at 5.00 O\''clock and so it was not possible to serve Defendant due to the Defendant\''s administrative circular not to accept the service on the same day.
The proceedings indicate that this Court had directed the defendant not to take action in pursuance to impugned notice considering that the reply filed by the Plaintiff was under consideration. The next date in the matter is 06.08.2019 and today the Plaintiff, by praecipe, is before this Court claiming that the order is passed and in absence of any further protection, the Defendant will demolish the suit premises.
In such circumstances, it will be just and equitable to direct the Plaintiff to serve the Defendant with the draft Chamber Summons and draft NM. At the same time the Defendant needs to be directed not to act upon the impugned notice and the consequent order. Plaintiff shall complete the service on Defendant by 11.06.2019 and the matter will be heard for ad-interim relief on 12.06.2019.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 12.06.2019 for ad-interim hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion no. 2051/19 along with affidavit in support of Notice of Motion. T.O.R.
Adv. for plaintiff also filed original Chamber Summons no. 1060/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate Mr.Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 13.06.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 13-06-2019
Date: 13-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
KB
LO at 1.45pm
Advocate V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and filed reply on Chamber Summons. TOR.
Heard.
F.R.S.R. following order is passed in Chamber Summons 1060/19
ORDER
1. Chamber Summons no. 1060/19 is made absolute in terms of prayer clause (a).
2. Plaintiff shall carry out the amendment within two weeks from today.
3. Plaintiff shall supply copy of amended plaint to the Court as well as shall serve it on the defendant.
4. Costs in cause.
At 4.45 pm,
Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant/MCGM present.
Heard on grant of ad-interim relief. Perusal of proceedings reveals that the plaintiff has produced a photograph dated 05.05.2019 revealing a completed construction. The impugned notice is dated 10.05.2019. There is nothing submitted by the defendant to reveal that the construction was on going when the impugned notice was given. The inspection report, photographs and panchanama etc., if any, should have been produced. In such circumstances, a prima-facie case is made out by the Plaintiff. Hence the order -
ORDER
1. Ad interim relief is granted in terms of prayer clause (a) of the Notice of Motion till next date.
2. Defendant to file reply to NM.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 22.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13 and in dictating order in Suit no. 282/16 and also in ad-interim hearing and dictating order in suit no.2284/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 07.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 10.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 03.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: (In charge Court to C.R. no.11)
Adv. V.T.Dubey for plff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 08.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjd. for reply to 05.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 05.05.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv. Mr. N. K. Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for reply to 04.10.2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Court is vacant.Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Ms. Vijaya Rani h/f Adv. Mr. Dubey for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 04.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Matter pertain to CR. No.11.
Adv. Vijayarani h/f Adv. V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 25.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Vijayarani for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for NM reply to 01/07/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and orally requested for time to tender registered NM No.2053/2019. Time is granted till next date. In default, the NM would stand dismissed.
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.
Earlier order, if any, to continue till the next date.
Adjourned for tendering registered NM/no reply no WS order to 29.08.2022.
Next Purpose: ORDER
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed original registered NM No. 2053/2019 along-with affidavit. TOR.
Adv. Mr. Khandagale for defendant/MCGM is present. He made the statement that in this matter, as per the instructions received, the Speaking Order has been passed. The advocate for the plaintiff submitted that he has to verify this fact. He 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 21.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. V.T. Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
Adjourned for NM hearing (No reply) to 23.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Time is granted.
Adjourned for NM haering (no reply) to 22.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Mr. Prasad h/f Adv. Dueby for the plaintiff is present.
Adv. Mrs. S.G. Chavan h/f Adv. Khandagale for defendant/MCGM is present and requested time for NM hearing. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 19.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 23.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Mr. V. T. Dubey for the plaintiff is present and submitted that the rozanama dtd. 13.06.2019, the NM should be dismissed of. He not pressed NM No. 2053/19. Hence, NM No. 2053/19 is disposed of as not pressed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed in NM No. 2051/2019.
-: O R D E R :-
1. The record shows that till date, the defendant failed to contest the suit and to rebut the plaintiff’s stand that no Speaking Order is passed in this matter. Although, sufficient opportunities are given to the defendant to clearify the position on record, but all in vain. The suit is filed in 2019 and since then, the interim order is continued in favour of the plaintiff. It appears that by Order dtd. 13.06.2019, the defendant was restrained to demolish this notice structure and was also directed to file reply, wherein he failed. In this way, there is no change in scenario which was prevailling while passing of the said interm relief. In the result, NM No.2051/2019 is disposed of, restraining the defendant from taking any coercive steps against the notice structure, except by following the due process of law.
Adjourned for RE (Without WS) to 21.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Adv. Mr. V. T. Dubey for the plaintiff is present. On his request, the matter is kept back.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
L.O. at 12.00 noon.
Adv. Mrs. Prasad for plaintiff present and filed evidence on affidavit. TOR. It is marked as Exhibit 02. O- R and R. Copy is supplied to the other side.
PW 1 - Mrs. Vikash Tukaram Dhakarav is resumed on S.A. and her cross-examination is deferred till the next date.
Adjourned for R/E (PH)( No WS) to 25-09-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed list of documents. TOR. It is marked as Exhibit 3. O- Other side to say on execution of documents. Copy is supplied to the other side.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for consideration/RE (PH)(LN) to 10.11.2023.
Next Purpose: CONSIDERATION
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: Adv. Mrs. Prasad for the plaintiff is present and requested time for consideration, as brief is not available.
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/consideration to 09.12.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: None present for plaintiff.
Advocate Giri for defendant/BMC present.
Shri. Rahul Chaugule J/E. ( B& F) L Ward for BMC present.
Settlement are not arrived at.
Matter posted before regular Court.
Matter is adjd for 26.02.2024
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and sought time for consideration. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for consideration to 01.04.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and endorsed say on list of documents Exhibit 3. Heard both the sides.
Order below Exhibit 3:
Documents at Sr. Nos. 1 to 4 and 6 are filed in original or are the copies issued by the concerned authority, and the defendant admitted document at Sr. Nos. 5 and 7. Hence, keeping open all the defenses, the same are exhibited as follows:
Ration card (old), Ration card (New). It is marked at Exhibit 4(colly).
Adhar Card. It is marked at Exhibit 5.
N.A. Order. It is marked at Exhibit 6.
Assessment bill and payment receipt. It is marked at Exhibit 7.
Notice dtd. 10.05.2019. It is marked at Exhibit 8.
Reply dtd. 14.05.2019. It is marked at Exhibit 9.
Speaking Order dtd. 04.06.2019. It is marked at Exhibit 10.
Adjourned for RE (PH) to 24.06.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and sought time to lead evidence, as witness is not feeling well. Time is granted.
None present for defendants.
Adjourned for RE (PH) (No WS) to 31.07.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present and sought time to lead evidence, as the witness is not feeling well. Sufficient time is already granted on this ground. Hence the suit is adjourned shortly, subject to payment of costs of Rs.1,000/-
(Rs. One Thousand) in favor of DLSA, Mumbai, till the next date.
Adv. Mr. Arvind Rathod for defendant No.6/ MCGM is present.
Adjourned for costs/compliance/RE to 18.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: The plaintiff is present in person. Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present and informed that the Order of costs is complied with. Adv. Mr. V.G. Shinde for defendant/MCGM is present. PW-1 Mrs. Vikash Tukaram Dhakarav is resumed on SA and her cross-examination is completed.
Adjourned for RE (PH) to 11.10.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Adv. Mr. Fawas h/f Adv. Mr. V.T. Dubey for the plaintiff is present and sought time to lead evidence. Time is granted.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Adjourned for RE (PH) to 18.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exhibit 11. O- Filed.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present. The parties to file their written submissions on merits.
Adjourned for written submissions on merits (No WS) to 18.12.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to file written submissions on NM. Time is granted. Adv. Mr. Botlawar for defendant/MCGM is present.
Adjourned for written submissions on NM (No WS) to 17.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: Adv. Mrs. Prasad for the plaintiff is present and requested time to file written submissions on merits. Time is granted strictly as last chance. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for written submissions on merits to 03.02.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present and filed written submissions on merits. Taken on record. It is marked as Exhibit 12. O- Filed. Copy is supplied to the other side. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file written submissions on merits. Time is granted.
Adjourned for written submissions on merits by defendant to 28.02.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present and requested time to file written submissions on merits. Time is granted.
Adjourned for written submissions on merits by BMC and short oral submissions on merits to 21.03.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and requested time to file written submissions on merits. Time is granted strictly as last chance.
Adjourned for written submissions on merits to 07.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Court is on leave, hence adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2025
Date: 28-04-2025
Business: court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and requested time to argue the merits. Time is granted.
Adjourned for argument to 13.06.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. On his say, the matter is kept back.
Later on at 12.08 p.m.
The appearance is as above. Adv. Mr. V.T. Dubey for the plaintiff is present. Advocate for defendant/BMC party heard.
Adjourned for further argument to 05.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and he is heard on merits. Advocate for plaintiff sought time for reply argument. Time is granted.
Adjourned for reply argument by plaintiff to 21.07.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: court is on leave hence adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Heard both the sides on merits.
Adjourned for Judgment to 18.08.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Mrs. Prasad h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Kept back.
Later on 4.14 p.m.
None present for the plaintiff. Rest appearance is as above.
The Judgment is dictated and pronounced in Open Court. It is marked at Exhibit 13. The Operative order is passed as follows :
ORDER
01. Suit is dismissed with costs.
02. Decree be drawn accordingly.
03. Record and proceeding be sent back to the Record department.
Nature Of Disposal: DISMISSED
Disposal Date: 18-08-2025