Mr. Mohamed Ibrahim Abdul RahimVsMCGM

Date: 28-06-2019
Business: Advocate Mukesh Dubey for plaintiff present and filed original Notice of Motion No.1936/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 04.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 15.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Mr. S.K. Dubey for Plaintiff present.
Adv. Mr. Giri for deft/MCGM, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd.for Ch/s hearing on 20.01.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: C/S  HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mukesh 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 10.06.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: National lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Business: Adjd. to
Next Purpose: C/S  HEARING
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for ch/s hearing to 12.03.21.
                                                                               Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Mr. Mukesh 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 adjourned for NM reply to 18.06.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: None present for plaintiff.
Adv. Ms. Khandagale for deft./MCGM present and requested for short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for reply to 24.09.2021.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Upadhyay for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 10.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Upadhyay for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Mr. V.K. Dubey for plaintiff present.
Adv. Mr. Khandagale for Defendant/MCGM present.
Adv for the defendant requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 07/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: In view of the Office Order No. 27/2022 dtd. 06/02/2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/02/2022 of Hon\''ble Bombay High Court, declared holiday on 07.01.2022, due to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.
Earlier order if any, to continue till the next date.
Hence, matter is adjourned to 19.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f 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 and NM is proceeded without reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 01.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and submitted that in this matter the speaking order has been passed. The advocate for the plaintiff denied any such updates with him. The advocate for the defendant is called upon to file copy of speaking order on the next date.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 26.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file copy of Speaking Order on record. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 31.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. Mukesh Dubey for the plaintiff is present.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file copy of Speaking Order. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 09.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 06.02.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Mr. Mukesh Dubey  present for the plaintiff.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM for Dismissal to 17.04.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. On his oral request, the caption is changed. He submitted that no speaking Order is passed in this matter and therefore, it may be disposed of on the statement of the concerned Officer.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to secure presence of concerned Officer.
By consent of the parties, the matter is referred to lok-adalat and the issuance of separate notice is also dispensed with.
Adjourned for Lok-adalat to 30.04.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.11
None present for plaintiff
Advocate Giri for defendant/BMC present.
Mr. Ranjeet Chavan attached to BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 01-08-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: NOB. TOB.
Adv. Mr. S.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
By consent of the parties, the matter is referred to Lok-Adalat. Issue separate notice to the parties for Lok-Adalat.
Adjourned for Lok-Adalat to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to verify the matter.
Adv. Mr. Giri for defendant/BMC present.
Mr. Nilesh Madhukar Sawant, JE is present.
Earlier Order, if any, to continue till the next date.
Matter is adjd for NM dismissal to 16.10.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for change of the caption. O- Caption is changed. He submitted that in this matter no Speaking Order is passed.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to verify passing of Speaking Order. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for updates /NM hearing (LN) to 02.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: By Praecipe matter is taken on today\''s board.
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Giri a/w Adv. Mr. Suryavanshi for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat. Issue notice to the plaintiff to attend lok-adalat.
Earlier order, if any, to continue till next date.
Adjourned for Lok-adalat 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  to 28.02.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Adv. Mr. Mukesh Dubey 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.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 10.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Adv. Mr. Mukesh Dubey 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.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 10.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that as per the instructions, no Speaking Order is passed in this matter. Adv. Mr. Arvind Rathod 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.
Earlier order, if any, to continue till next date.
Adjourned for lok-adalat/NM hearing to 27.07.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: PANEL HEAD - HHJ SHRI R. M. MISHRA
Panel Member - Adv. Shri. Vishal Bhogle
Matter pertains to CR No. 11
Plaintiff absent.
Adv. Dubey for plaintiff present.
Adv. Smita Charate for defendant/MCGM present.
Matter is not settled.
Matter is adjd to 02.09.2024
Next Purpose: Lok-Nyayalay
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and informed that the plaintiff is not in contact.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Adjourned for NM dismissal (LN) to 20.09.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that as per the instructions, till date, no Speaking Order is received in this matter. Adv. Mr. V.G. Shinde for defendant/MCGM is present.
Heard both the sides on NM.
Earlier order, if any, to continue till next date.
Adjourned for NM Order (No reply) to 19.10.2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/MCGM is present. Following Order is passed below Notice of Motion No.1936/2019. 01.Assailing the notice dtd. 22.05.2019, issued U/s. 354 A of the MMC Act, the plaintiff contended that the suit premises is very old and he acquired the same in 2019. Further, it is situated at Deemed Slum area and he never carried the construction, as alleged. More so, this notice is vague and unjustified. Still, the concerned Officers are bent upon to execute the notice. Above all, he didnt receive the Speaking Order, although he replied the said notice on 25.05.2019, by filing the relevant documents. The record reveals that in view of these contentions, on 28.05.2019, the Court granted interim relief to him in terms of prayer clause (a) of this NM. Simultaneously, the defendant was directed to inform passing of the Speaking Order in view of his reply. However, it seems that the defendant didnt worry to contest this NM and the suit as well. In the circumstances, there is no reason to discard the plaintiffs assertions, which are backed on affidavit. Rather, there is nothing to rebut his stand. Needless to mention that unless his reply is considered and the Speaking Order is communicated to him, the defendant is not expected to proceed against the notice structure. Moreover, the record is silent to gather on-going status of the said construction so as to justify the issuance of notice U/s.354 A of the MMC Act. In the result, this NM deserves to be allowed, in view of the following terms 01.Notice of Motion No. 1936/2019 is partly allowed. 02.The defendant, his agents, his servants and anybody else claiming through him are hereby restrained to proceed against the notice structure, in pursuance of the suit notice dtd. 22.05.2019, except by following the due process of law. 03. Notice of Motion No. 1936/ 2019, is accordingly, disposed of. At this stage, the advocate for defendant submitted that in view of this NM Order, even the matter may be referred to lok adalat for recording statement of the concerned Officer. Hence, the matter is referred to ensuing Lok Adalat. Issue notice to the plaintiff. Adjourned for lok adalat/WS to 14.12.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Plaintiff absent.
Ld. Advocate Mukesh Dube for Plaintiff present.
Defendent/BMC through Jr. Eng.Manoj Ulge present.
Ld. Advocate Botlawar of Defendant/BMC present.
The plaintiff is absent, thereby matter returned back to court.
Matter is adjd for draft issue  to 06.02.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Parties have not file draft issues. Hence, matter is posted for issues.
Adjourned for issues to 05.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present. Parties not submitted draft issues. Hence, suit is posted for framing of issues.
Adjourned for framing of issues to 23.06.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Botalwar for defendant/BMC is present. Even though suit is posted for framing of issues. But, on perusal of record it is clear that defendant has not filed written statement. Hence, suit is posted for evidence of plaintiff.
Adjourned for RE (plaintiff) to 08.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2025

Date: 08-08-2025
Business: Court is on leave, hence adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: None present for the plaintiff to proceed with matter. Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for dismissal to 20.12.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: P.O. is on leave. Hence adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed application to adduce evidence as witness not available. Taken on record. It is marked as Exhibit 5. O- Granted. None present for defendant/BMC.
Adjourned for RE to 13.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: PO is on half day leave first session. Hence adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2026

Date: 24-04-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and prayed for short time for filing  affidavit of examination of chief of plaintiff.  Time is granted. None present for the defendant/BMC.
Adjourned for Recording Evidence  to 08.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2026

Date: 08-07-2026
Business: None present for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
Adjourned for RE to 21.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: court is on leave, hence adjd, to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2026

Filing Number: 105796/2019
Filing Date: 28-05-2019
First Hearing Date: 28th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE