Date: 02-12-2020
Business: NOB TOB (By Pracipe)
Adv. Asit Singh for plaintiff present and tendered draft NM along with affidavit in support. TOR. Leave is granted to register the draft NM, returnable till next date.
Advocate for plaintiff also tendered affidavit of service on deft no.1. TOR.
None for deft no.1.
Adv. Khandagale for deft no.2/MCGM present.
Mr. Jeevan H. Ghule, Jr. Engineer, M/W ward, (Building and Factory), MCGM, present.
Mr. Ghule assured that the Corporation is taking legal action against the deft no.1 as per provision of MMC Act.
1. Deft no.1 is directed to maintain status-quo regarding Suit property.
2. The Corporation is directed to file report regarding the action taken at Suit premises on or before next date.
Authenticated copies be given to the both parties.
Matter adjd to 08/01/2021 for Report and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Asit Singh for plaintiff present and tendered original registered NM No.1849/2020 alongwith affidavit in support. TOR.
Adv. Ms. Khevana for deft no.1 present.
Adv. Mr. Khandagle for deft no.2/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 01/02/2021 for Report/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: NOB TOB (By Precipe)
Adv. Asit Singh for plaintiff present and tendered draft Contempt NM along-with affidavit in support. TOR. Leave is granted to register the Contempt NM, returnable on next date. Copies are served other side.
Adv. Ms. Khevana Dagli for deft no.1 present and tendered VP. TOR and marked Exh.2.
Adv. Khandagle for deft no.2/MCGM present.
It is assured by ld .advocate Ms. Khevana Dagli for deft no.1 that deft no.1 has not made any construction in the suit premises till today and therefore, not breached order of this Court dt. 02.12.2020. I assure your honour that there would not be breach of order of this Court and will maintain Status-quo.
Adv. for deft no.1 requests for time to file reply to Contempt NM.
Matter already adjd to 01/02/2021 for Reply to original NM No.1849/2020/Contempt NM by defts/ NM Hearing and Report.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Asit Singh for plaintiff present and filed original writ of summons. TOR and tendered original registered Contempt NM No.242/2021 alongwith affidavit in support. TOR.
Adv. Ms. Khevana Dhagli for deft no.1 present and filed reply to NM No.1849/2020. TOR. Copy served to advocate for plaintiff.
Adv. Khandagale for deft no.2/MCGM present and requests for time to file reply to Contempt NM.
Deft no.1 undertakes to file Written Statement on next date.
Advocate for plaintiff tendered list of documents alongwith photographs, TOR and marked at Exh.3. Copy is served to defendant.
Kept Back.
Later On. At 02.50 pm.
Advocate for deft no.2 tendered list of documents. TOR. Copy is served to plaintiff.
Officer Mr. Jeevan Ghule, Junior Engineer, M/W Ward, MCGM, present.
Earlier order, if any, to continue till next date.
Matter adjd to 05/02/2021 for filing Reply to Contempt NM, Hearing on NM and Written Statement by deft no.1.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Ms. Khevana Dhagli for deft no.1 present and filed WS. TOR and marked at Exh.5. Copy is served to plaintiff and deft no.2.
Adv. Khandagale for deft no.2/MCGM present.
On oral requests of both defts to file reply to Contempt NM No.242 of 2021, time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/02/2021 for filing reply to Contempt NM both defts/ Reply by deft no.2/MCGM to NM No.1849/2020 and Hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Asit Singh for plaintiff present and filed rejoinder in NM No.1849/2020. TOR. Copy is supplied to other side.
Adv. Mr. Divyam Sheth i/b Ms. Khevana Dagli for deft no.1 present.
Adv. Khandagale for deft/MCGM present and request for time to file reply to NM No.1849/20. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 05/03/2021 for filing reply to Contempt NM both defts/ Reply by deft no.2/MCGM to NM No.1849/2020 and Hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Asit Singh for plaintiff present and tendered list of documents, TOR and marked at Exh.6. Copy is served to other side.
Adv. Ms. Khevana for deft no.1 present.
Adv. Khandagle for deft no.2/MCGM present.
Officer Mr. Jeevan Ghule , Junior-Engineer, M/E ward, MCGM, present.
It is submitted by advocate for plaintiff that despite of Notice of Motion pending before this Court, deft no.1 has constructed in the Suit premises. It is submitted by advocate for deft no.1 that status quo is maintained in Suit premises till hearing of Notice of Motion.
Adv. for deft no.2/MCGM submitted that I have already filed report and copy of the stop work notice u/s 354 of MMC Act as well as inspection report on record.
It is submitted by officer of MCGM that the construction on the disputed plot as per stop work notice is stopped. The ground structure is already completed. The construction of other structure near disputed plot when we inspected and our office has initiated action against the same adjacent structure also.
Adv. Ms. Khevana for deft no.1 submitted that Suit premises is flour mill. The status-quo is maintained in the Suit premises.
Earlier order, if any, to continue till next date.
Matter adjd to 10/03/2021 for Filing reply to Contempt NM by both defts/ Reply by deft no.2/MCGM to NM No.1849/2020 and Hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: (Matter pertains to C.R.No.08)
Adv. Asit Singh for plaintiff present.
Adv. Ms. Khevana Dagli for deft no.1 present.
Adv. Khandagle for deft no.2/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 24/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Asit Singh for plaintiff present.
Adv. Khevana Dagli for deft no.1 present.
Adv. Khandagale for deft no.2/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 28/04/2021 for Filing reply to Contempt NM by both defts/ Reply by deft no.2/MCGM to NM No.1849/2020 and Hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv Asit Singh for plaintiff present.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/10/2021 for filing reply to Contempt NM by both defendants/ NM reply by defendant / MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: CORAM H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
(Matter pertains to C.R. No.08)
Adv Asit Singh for plaintiff present.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 10/11/2021 for filing reply to Contempt NM by both defendants/ NM reply by defendant / MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv Asit Singh for plaintiff present.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 10/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
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.
Earlier order, if any, to continue till next date.
Adjd. To 04/02/2022 for NM reply / ad-interim hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 04/03/2022 for compliance by Plaintiff/CS reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Asit Singh for plaintiff present.
None for defendant no.1.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv Asit Singh for plaintiff present.
Adv Khevana Dagli for defendant no.1 present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 13/07/2022 for NM reply by defendant no.2 /MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Asit Singh for plaintiff present.
None for deft. No. 1.
Adv. Mrs. Tondwalkar for defendant No. 2/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/20/22 for N/M reply by deft. No. 2/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Asit Singh for plaintiff present.
Plaintiff is also present.
Adv. Khewana Dagali for deft. No.1 present.
Deft. No.1 is also present.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
Matter is referred for mediation.
Earlier order, if any, to continue till next date.
Adjd. to 28/09/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Asit Singh for plaintiff present.
None for deft. No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
Mediation report is awaiting.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Amit Patel h/f Adv. Asit Singh for plaintiff present.
None for deft. No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
Mediation report is awaiting.
Earlier order, if any, to continue till next date.
Adjd. to 11/11/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present.
None for deft. No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
Mediation report is awaiting.
Earlier order, if any, to continue till next date.
Adjd. to 09/12/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv. Amin Patel h/f Adv. Asit Singh for plaintiff present.
None for deft. No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
K.B.
L.O. (afternoon session).
Adv. Asit Singh for plaintiff present. Plaintiff is also present.
Adv. Divyam for for defendant No.1 present.
Defendant No.1 is also present.
Rest of the same appearance.
Mediation report is received as settled , TOR and marked as Exh.6.
Plaintiff and defendant No.1 present. Matter was referred for mediation. The mediator Judge send mediation report along with terms of settlement. Plaintiff and defendant No.1 admitted the terms and conditions and signature on terms of settlement. Hence, consent terms TOR and marked as Exh.7. Read and recorded.
Adjd. to 12/12/2022 for order.
Next Purpose: ORDER
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant No.1.
Adv. Mrs. Tondwalkar for defendant No.2/ BMC is present.
K.B.
L.O.
Same appearance.
Following order is passed below Exh.1-
O R D E R
1. The matter was referred to mediation. The mediator Judge sent report that mediation is successful vide Exh.6-A along with consent terms vide Exh.7.
2. The plaintiff and defendant No.1 were present before the Court on 09/12/2022. They admitted the signature and contents of consent terms. It is submitted by the plaintiff and defendant No.1 that dispute has been amicably settled as per consent terms below Exh.7. Hence, consent terms Exh.7, TOR. It appears that matter has been settled as per consent terms filed by the parties vide Exh.7. Hence, I pass following order-
O R D E R
1. L.C. Suit No.1294/2020 has been disposed of in terms of consent terms below Exh.7.
2. Consent terms Exh.7 be treated as a part of the decree.
3. In view of disposed of suit N/M No.242/2021 and N/M No.1849/2020 and contempt N/M No.242/2021 are disposed of.
3. Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 12-12-2022
