Date: 24-06-2019
Business: Adv. Jatin Seth for the Plaintiff present.
Adv. Sakpal for Defendant nos. 1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Sandeep Fanse API attached to Traffic present.
Rejoinder tendered by the Plaintiff. t.o.r.
Earlier ad interim order continued till next date.
Matter is adjd. to 3.07.2019 for N/M hearing at 11.00a.m
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Adv. Jatin Seth with Dalal for the Plaintiff present.
Adv. Shukla for Defendant nos. 1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Vijay Janardan Gawde Senior Inspector License D ward present for Defendant nos. 4 and 5.
Earlier ad interim order be continued till next date.
Matter is adjd. to 16.07.2019 for N/M hearing at 2.45p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 03-07-2019
Business: Adv. Jatin Seth with Dalal for the Plaintiff present.
Adv. Shukla for Defendant nos. 1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Vijay Janardan Gawde Senior Inspector License D ward present for Defendant nos. 4 and 5.
Earlier ad interim order be continued till next date.
Matter is adjd. to 16.07.2019 for N/M hearing at 2.45p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. Dalal with Jatin Seth for the Plaintiff present.
Adv. Shukla for Defendant nos. 1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Adv for the Plaintiff seeks adjournment. Granted.
Earlier ad interim order be continued till next date.
Matter is adjd. to 14.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Adv. Jatin Seth for the Plaintiff present.
Adv. Shukla h/f Matina Sapkal for Defendant-1 to 3 present.
Adv. Diwte for Defendant no. 4 and 5 present.
Adv. Ms. Yasmin Sarang for Defendant no. 6 present.
Adv for Defendant nos. 4 and 5 and 6 seek adjournment for filing reply. Granted.
Earlier ad interim order be continued till next date.
Matter is adjd. to 25.09.2019 for reply to N/M by the defts.
Next Purpose: REPLY
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Mr. Jatin Seth for the Plaintiff present.
Adv. Shukla h/f Martina Sapkal for State/Defendant-1 to 3 present.
Adv. Ms. Chandramore for BMC/Defendant no. 4 and 5 present.
Adv for the defts seeks adjournment for filing reply and WS. Granted as a last chance, with directions that failure to file reply and WS, N/M will be heard without reply.
Earlier ad interim order be continued till next date.
Matter is adjd. to 21.11.2019 for reply and WS.
Next Purpose: REPLY
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Jatin Sheth for plaintiff present.
Adv.Shukla h/f Adv. Martina Sapkal for defendant 1 to 3 present.
Adv.Ms.Chandramore for BMC/deft/No.4 and5 Present.
Earlier Ad-interim order, if any be continued till next date.
Matter adj for reply to 23.01.2020
Next Purpose: REPLY
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Next Purpose: REPLY
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: REPLY
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: REPLY
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: REPLY
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: REPLY
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None present for the plaintiff.
None present for the defendant.
Matter is adjd. to 06.03.2021 for N/M reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None present.
Matter is adjd. to 28/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Adv. Mr. Jatin Sheth for the plaintiff present.
Adv. Vidya Wayvhare for defendant No.4 is present.
The advocate of plaintiff requested submitted that earlier be continued, on perusal of roznama dated 23/01/2020, it appears that on that day earlier order was continued till 30/03/2020, but thereafter, further roznama shows that no one had appeared on record and earlier order discontinued from 30/03/2020, therefore, suddenly order can not be continued unless opportunity is granted to other side.
Matter is adjd. to 02/08/2021 for NM reply/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Ms. Hetal Patel for plaintiff present.
Adv. Mr. Kapse for defendants No.1 to 3 present.
Adv. Ms. Chandramore for defendants No.4 and 5 present.
Defendants No.4 and 5 have not filed reply to NM No.2014/2019. Hence, the NM to proceed without reply against defendants No.4 and 5.
The advocate for the plaintiff filed application with request to continue ad-interim relief. O- Other side to say.
The advocate of the plaintiff submitted that she is ready to argue on NM on merit.
Matter is adjd. to 09/08/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Ms. Hetal Patel for plaintiff present.
None for defendants No.1 to 3.
Adv. Ms. Chandramore for defendants No.4 and 5 present.
Matter is adjd. to 17/08/2021 for NM hearing at 01.00 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Ms. Hetal Patel for plaintiff present.
Adv. Martina Sakpal for defendants No.1 to 3 present.
Adv. Ms. Chandramore for defendants No.4 and 5 present.
Matter is adjd. to 23/08/2021 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Jatin Shaikh for plaintiff present.
Adv.Martina Sapkal for State present.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 29.09.2021 at 12.30pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Ms. Hetal Patel i/b Jatin Sheth for plaintiff present.
Adv. Martina Sakpal for defendants No.1 to 3 present.
None for defendants No.4 and 5.
Heard arguments from both sides.
Matter is adj. to 12/10/2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Hetal Patel for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Martina Sapkal for the defendants No.1 to 3 present.
Adv. Chandramore for defendant/BMC present.
Matter is adjd. to 25/10/2021 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Hatal Patel i/b Adv. Jatin Shah for the plaintiff present.
Adv. Kapse for defendants No.1 to 3 present.
Adv. Mis. Hajare for the defendant/BMC present.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.2015 of 2019 is hereby dismissed.
2. Notice of Motion No.2015 of 2019 stands disposed of. accordingly.
Application filed by advocate of plaintiff with request to stay the order. O- Other side to say. Say filed.
Heard.
ORDER
Today this Court has dismissed NM. The plaintiff wants to move before Hon\''ble High Court. Right to file appeal is statutory right. Therefore, the defendants are restrained that they shall not take action against plaintiff till appeal period is over.
Matter is adjd. to 08/12/2021 for NO WS order.
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv Jatin Sheth for plaintiff present.
Adv Priyanka Gawkar h/f Martina Sankpal for defendant present.
Adv. Chandramore for defendant no.4 and 5/Corporation present.
Ld adv for plaintiff submits that the order passed by this court in NM is challenged before Hob\''ble High Court in appeal from order and it is pending. Hence, he seeks adjournment. Hence, adjournment is granted.
Matter is adjd. to 10-06-2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 01 to 03.
Adv. Chandramore present for defendant 04 and 05/MCGM.
Matter adjourned for no WS order to 05/07/22.
Next Purpose: ORDER
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present for plaintiff.
Adv Priyanka Gaonkar h/f adv Martina Sakpal present for defendant 01, 02 & 03.
None present for other defendants.
From the record it appears that inspite of just opportunities, defendant no. 04 & 05 failed to file there Written Statement. Hence, suit be proceeded without Written Statement of defendants.
Matter adjourned for Issues to 02.08.2022.
LO at 2.21pm.
Adv Pradnya Chandramore present for defendant/BMC.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Sarthak dhone present for plaintiff and undertake to file vp for plaintiff on next date.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 01 to 03 and she tendered pursis for treating their affidavit in reply to the NM as their WS. t.o.r. marked as Exh. 06.
In view of above pursis, affidavit in reply of the defendant no. 01 to 03 be treated as their WS and it is marked as Exh. 07.
Adv. Chandramore present for defendant 04 and 05/MCGM.
Matter adjourned for issues to 15/09/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv Suraj Sheety present for plaintiff and tendered Vakalatnama. TOR. Marked as Exh-08.
Adv Chandramore present for defendant no. 04 & 05.
Adv Kapse present for defendant no. 01 to 03
None present for other defendants.
Issues framed at Exh-09.
Matter adjourned for RE to 20.10.22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: As P.O. is on half day leave, Matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Sarthak Done present for plaintiff and sought adjournment.
Adv. Vaibhavi pawar hf adv. Martina sakpal present for defendant no. 01 to 03.
Adv. Chandramore present for defendant 04 and 05/MCGM.
Matter adjourned for RE to 11/01/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Sarthak Done present for plaintiff and sought adjournment.
Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 01 to 03.
Adv. Chandramore present for defendant no. 04 and 05/MCGM.
Matter adjourned for RE to 17/02/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. Suraj Shetty ib adv. Hetal patel present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 4 and 5/MCGM.
Adv. Kapse present for defendant no. 01 to 03.
Matter adjourned for RE to 27-03-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Hetal Patel present for plaintiff and sought adjournment.
Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no. 01 to 03.
None present for other defendants.
Matter adjourned for RE to 07/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Adv. Hetal Patel present for plaintiff and filed adjournment application. TOR and marked as Exh.10. O-Allowed as last chance.
Adv. Priyanka Gaonkar h/f. Adv. Martina Sakpal for defendant Nos.1 to 3 present.
Adv. Chandramore for defendant No.4/BMC present.
Matter adjourned for Recording Evidence to 03.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Suraj Shetty present for plaintiff and tendered affidavit of evidence. TOR and marked as Exh.11. O-Filed. Copy served on counsel for BMC.
He also tendered compilation of documents.TOR and marked as Exh.12. O-Filed. Copy served on counsel for BMC.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Kapse present for defendant Nos.1 to 3 /State.
Matter adjourned for Admission and denial to 15.09.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv. Sarthak Dhune present for plaintiff.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Martina Sakpal present for defendant Nos.1 to 3/State and endorsed say on list of documents.
Matter adjourned for Hearing on admissibility of document to 27.10.2023.
Next Purpose: HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Hetal patel present for applicant in chember summons tendered VP T.O.R Marked Exh. 13 and also tendered Draft C/s. Alongwith affidavit in support of Ch/s. O - Leave is Granted.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Simantini Vira h/f Adv. Martina Sakpal present for defendant Nos.1 to 3/State.
Matter adjourned for Ch/s. reply to 18.12.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Hetal patel present for applicant in chember summons and tendered registered chamber summons No.2141/2023. Taken on record.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Krishna Yadav h/f Adv. Martina Sakpal present for defendant Nos.1 to 3/State.
Matter adjourned for Ch/s. reply to 01.02.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. Hetal patel present for applicant in chember summons.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Martina Sakpal present for defendant Nos.1 to 3/State and endorsed say on chamber summons No.2141/2023 itself.
Heard argument of both sides on chamber summons No.2141/2023.
Order on Chamber Summons No.2141 of 2023
Perused chamber summons, affidavit in support of chamber summons and say filed by counsel of defendant.
Applicants desire to substitute themselves in place of original plaintiff M.R. Vana as his legal heirs. They submit that original plaintiff passed away on 07.08.2023. Applicants filed a copy of death certificate of original plaintiff. The chamber summons is filed within limitation. In such circumstances there is no legal hurdle in allowing this chamber summons. Hence, I pass following order
ORDER
1. Chamber Summons No.2141 of 2023 is allowed.
2. Applicants to carryout necessary amendment within two weeks.
3. Chamber Summons No.2141 of 2023 stands disposed off accordingly.
Matter adjourned for Compliance to 15.02.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Adv. Suraj Shetye Hetal patel present for applicant in chember summons and tendered application for exention of time to carryout amendment as per order dated 01.02.2024 in chamber summons No.2141/2023. Taken on record and marked as Exh.14
O-Allowed.
Adv. Krishna Yadav h/f. Adv. Martina Sakpal present for defendant Nos.1 to 3/State.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Matter adjourned for Compliance to 16.03.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Adv. Suraj Shetye present for applicant in chember summons and tendered application for exention of time to carryout amendment as per order dated 01.02.2024 in chamber summons No.2142/2023. Taken on record and marked as Exh.15.
O-Time granted.
Adv. Krishna Yadav h/f. Adv. Martina Sakpal present for defendant Nos.1 to 3/State.
Matter adjourned for Compliance to 24.06.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Suraj Shetty h/f Adv. Hetal Patel present for plaintiff. Tender application for extention of time to carry out amendment as per order dtd. 01.02.2024 in C/S. No. 2142/2023. T.O.R. marked Exh. 16. O- Allowed. Plaintiff to carry out amendment within two weeks. No further extention shall be granted.
Adv. Shinde present for defendant/BMC.
Matter adjourned for to 08.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv. Hetal Patel present for plaintiff. She submitted that amendment is carried out as per order dated 01.02.2024 in chamber summons No. 2141/2023.
Adv. V. G. Shinde present for defendant/BMC.
Adv. Martina Sapkal for defendant/State present.
Matter adjourned for service of amended plaint to 19.08.2024.
Next Purpose: SERVICE
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: Adv. Suraj Shetye h/f. Adv. Hetal Patel present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC.
Adv. Martina Sapkal for defendant/State present.
Copy of amended plaint served on defendant/BMC and defendant/State.
Matter adjourned for Additional written statement to 24.09.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Adv. Suraj Shetye h/f. Adv. Hetal Patel present for plaintiff.
Adv. Apurva Dalal present for defendant/BMC. She submitted that, defendant/BMC will not file additional written statement.
Adv. Martina Sapkal for defendant/State present. She submitted that, defendant/State will not file additional written statement.
Matter adjourned for Further Evidence to 11.11.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: P. O. is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Adv. Vyas h/f. Adv. Hetal Patel present for plaintiff.
Adv. C. V. Dalvi h/f Adv. Apurva Dalal present for defendant/BMC.
Adv. Martina Sapkal for defendant/State present.
Ld Adv. for plaintiff seeks time to file additional affidavit.
Ld. Adv. for defendant No.1 to 3 submits that the issue involved in the matter is about specification/size of the hording. She submits that plaintiff has later on has complied the same by obtaining requisite permission of the BMC (Def. No.4). She submits that nothing survives in the suit.
Ld. Adv. for plaintiff seeks time to take instructions from client.
In view of the time granted matter adjourned for instructions by plaintiff to 15.02.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2025
Date: 15-02-2025
Business: Adv. Hetal Patel a/w. Adv. Vyas for plaintiff present.
Adv. Apurva Dalal for defendant/BMC present.
Adv. Martina Sapkal for defendant/State present.
On submissions of Ld. Adv. for both sides, it appears that, the defendant/BMC has renewed the license of hoardings of plaintiff. The plaintiff submits that, it has and it will abide all the rules of illuminated hoardings.
In view of the above, I find that, the suit can be settled amicably.
Hence, for the purpose of Pre-Lok adalat meeting, plaintiff, concerned Officer of defendant Nos.1 to 3 and defendant Nos.4 and 5 to remain present on next date.
Matter adjourned for settlement to 17.03.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Plaintiff present.
Adv. Hetal Patel a/w. Adv. Suraj Shetye for plaintiff present.
Adv. Amit Kapse for defendant/State present.
Mr. Jagdish P. Patil, Senior Inspector (License), D Ward BMC present.
Adv. Apurva Dalal for defendant/BMC present. She tendered document of joint inspection along with puris. Pursis is marked as Exh.17. O-Filed.
Heard Ld. Adv. for plaintiff, defendant/State and defendant/BMC.
It is submitted that, matter is likely to be settled amicably in the Lok Adalat. Hence, matter referred to Lok Adalat dated 22.03.2025.
Matter adjourned for Lok Adalat to 22.03.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025
Date: 22-03-2025
Business: NATIONAL LOK ADALAT HELD ON 22.03.2025 (PANEL- IV)
Matter pertains to CR No.08
Adv. Hetal Patel present for plaintiff.
Adv. Martina Sapkal for defendant/State present.
Adv. Apurva Dalal for defendant/BMC present.
Mr. Pravin Balkrushna Mane, Inspector (License), BMC present.
There seems scope for interpretation of rules regarding hording from signal.
Matter not settled.
Hence, matter is adjd for evidence of plaintiff to 11.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: Adv. Vyas for plaintiff present and seek time. Time granted.
Adv. T.A. Dhotre h/f. Adv. Martina Sapkal for defendant/State present.
Adv. Apurva Dalal for defendant/BMC present.
Mr. Pravin Balkrushna Mane, Inspector (License),BMC present.
Matter adjourned for recording evidence of plaintiff to 25.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2025
Date: 25-07-2025
Business: Adv. Himanshu Vyas for plaintiff present and filed evidence affidavit Exh.18 along with documents. Taken on record. Plaintiff is directed to submit list of document on or before next date. Copy served on defendant No.1 to 5.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
Pw-1 Mr. Murtazza Husaain present and admit the contents of evidence affidavit on S.A. Hence, read and recorded.
PW-1 Mr. Murtazza Husaain present and admit the contents of evidence affidavit on S.A. Hence, read and recorded.
Matter adjourned for admission/denial to 12.08.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Adv. Hetal Patel for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
The plaintiff has tendered document along with list at Exh.12
The document at Sr. No.1 is xerox copy of NOC dated 28.08.1969, document at Sr. No.2 is xerox copy of NOC dated 11.09.2001, document at Sr. No.3 is xerox copy of bearing old permit No.3842, document at Sr. No.4 is xerox copy of licence fees paid by the plaintiff for month of April-2023, document at Sr. No.5 xerox copy of order dated 31.03.2010 passed by Municipal Corporation of Greater Mumbai, document at Sr. No.6 is xerox copy of letter dated 12.05.2010, document at Sr. No.7 is xerox copy of NOC issued by Assistant Commissioner of Police dated 13.07.2011, document at Sr. No.8 is copy of photograph showing the exact location of suit hording, document at Sr. No.9 is xerox copy of certificate bearing No.DMC/Election/Ren/19-20/178 dated 20.03.2019 issued by BMC, document at Sr. No.10 is xerox copy notice dated 06.04.2019, document at Sr. No.11 is copy of letter dated 16.04.2019, document at Sr. No.12 is xerox copy of top survey prepared by registered structural Engineer, document at Sr. No.13 xerox copy of letter dated 22.04.2019, document at Sr. No.14 is copy of order dated 29.04.2019, document at Sr. No.15 is certificate of 65-B under Evidence Act.
The plaintiff has challenged the order passed by traffic department. The documents filed on record are relevant for decision of issue between the parties. It is pointed out that, original documents are not in the custody of plaintiff. The Ld. Adv. requested to grant permission to lead secondary evidence. The defendants have filed say to the documents. The admissibility of documents is denied mainly on the ground that, original are not filed on record. However the existence of documents is not denied on behalf of defendants. Considering the statements made in the evidence affidavit, the document at Sr. No.1 to Sr. No. are admitted in evidence subject to objection of defendants and marked Exh.19, Exh.20,Exh.21, Exh.22, Exh.23, Exh.25, Exh.26, Exh.27, Exh.28, Exh.29, Exh.30 Exh.31, Exh.32, Exh.33 and Exh.34 respectively.
Matter adjourned for cross-examination of PW-1 to 03.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Adv. Hetal Patel for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
PW-1 Murtazza Hussaiin present.
Cross examination of PW- 01 Murtazza Hussaiin by Adv. Martina Sapkal for defendant No.1 to 3/State is commenced and completed.
Cross examination of PW- 01 Murtazza Hussaiin by Adv. Apurva Dalal for defendant No.4 and 5/BMC is commenced and completed.
The advocate for plaintiff filed evidence closing pursis Exh.35. Taken on record.
Matter adjourned for evidence of defendant to 20.09.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: None present for plaintiff.
Adv. Martina Sapkal for defendant No.1 to 3 present and filed evidence closed pursis Exh.36. Taken on record.
Adv. Chaitanya Dalvi h/f. Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
Matter adjourned for final argument to 03.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: None present for plaintiff.
Adv. Namrata Kharat h/f Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
KB
LO at 11.25am
Adv. Himanshu Vyas for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
Ld. advocate for plaintiff and defendant nos.1 to 3 requested for adjournment. Hence, Time granted.
Matter adjourned for argument to 04.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Adv. Suraj Shety for plaintiff present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Later on at 01.50 p.m.
Adv. Hetal Patel for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Matter adjourned for argument to 06.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: Adv. Hetal Patel for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4 and 5/BMC present.
Heard Ld. Adv. for plaintiff.
Heard partly argument of Ld. Adv. for defendant No.1 to 3.
Matter adjourned for argument by defendants to 07.10.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Hetal Patel for plaintiff present and compilation of citation. Taken on record.
Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4 and 5/BMC present.
Mr. Jagdish Prabhakar Patil, Senior Inspector, License, BMC present.
Mr. Pravin Balkrushna Mane, Inspector, License, BMC present.
Heard Ld. Adv. for plaintiff, defendant No.1 to 3 and Ld. Adv. for defendant No.4 and 5.
Matter adjourned for reply argument to 15.10.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Adv. Suraj Shete h/f Adv. Hetal Patel for plaintiff present.
Adv. Namrata Kharat h/f Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4 and 5/BMC present.
Matter adjourned for reply argument/Judgment to 30.10.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Adv. Hetal Patel for plaintiff present.
Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4 and 5/BMC present.
Exh.37- Judgment.
F.R.S.R. following judgment passed
ORDER
1. The Suit is dismissed with cost.
2. Decree be drawn accordingly.
Judge
Adv. Hetal Patel for plaintiff filed application for under Order 41 Rule 5 (2) of C.P.C. Application is taken on record and marked as Exh.38. O-Other side to say.
Adv. Martina Sapkal for defendant No.1 to 3/State endorsed say on appliaction Exh.38.
Adv. Apurva Dalal for defendant No.4 and 5/BMC endorsed say on appliaction Exh.38.
Order below Exh.38
Heard Ld. Adv. for plaintiff, Ld. Adv. for defendant No.1 to 3 and Ld. Adv. for defendant No.4 and 5.
By this application the plaintiff has pointed out order dated 29.11.2021 passed by Honble High Court in Appeal from Order No.413/2021 with Interim Application No.3238/2021 and submits that, as per observation in para 3 of the said order, the plaintiff/applicants were permitted to have their hoardings on their respective places mentioned in the plaint, subject to condition that, the neon-signs/hoardings should not be flickering in the residential zone/localities and the said order is in force till today as it is not vacated by further specific order and the matter not yet reached. If that is the fact, in that circumstances it is not necessary for this Court again to grant stay. The suit of the plaintiff is already dismissed on merits. Therefore when the above referred order passed by the Honble High Court is in force as per the say of the plaintiffs Ld. Advocate, in that circumstances this Court do not found any substential loss to the plaintiff. So also it is not necessary to grant stay when my Ld. Predecessor has already rejected notice of motion to that effect and no stay order passed by him/her is in force as on today. Thus I did not find any substance in this application and same is liable to be rejected. Hence, Application Exh.38 is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 30-10-2025