Date: 11-06-2019
Business: Advocate S.S.Shaikh for plaintiff present and sought time to tender registered NM. Time is granted.
He also sought extension of time to serve Writ of summons. Time is extended.
Advocate Ms. Mhatre for defendant/MCGM present.
Defendant no.3 present and her advocate absent.
Defendant no.3 sought time to change her advocate. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 03.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Plaintiff present.
Advocate Ms. Sambodhi Mane for plaintiff present.
Advocate B.S. Mishra for defendant No. 3 present and filed vakalatnama.TOR and marked as Exh. 2. He sought time to file reply.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 01.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Advocate Shaikh h/f Adv. Shafi Shaikh for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Defendant no.3 present.
The case is adjourned to 22.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on leave. Hence today board is discharged. Hence adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv. Ms. Sambodhi Mane for plaintiff, submitted registered NM no. 1916/19.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Plff nos. 1 to 4 are present, submits personally that they want to change the lawyer.
Exh.3- Application filed by plffs.- To change the lawyer.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply and hearing on
04.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Court time is over.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday , hence, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv Ram Singh present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file N.M. reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 02/03/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Mr. Ram Singh for plaintiff is present and filed Vakalatnama on behalf of plaintiff. TOR. It is marked at Exh.04. O-Filed.
Adv. Mr. Khandagale for defendant No.1/MCGM is present.
None present for defendant No. 2.
Adv. Mr. Shailesh Pal for defendant No.3 is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 08.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply. Granted
Adv. Mr. Viraj Singh for defendant No. 3 is present and orally requested for time to file NM reply. Granted
Adjourned for NM reply and WS to 03.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant Nos.1 and 2/MCGM is present and orally requested for time to file NM reply. Granted lastly.
None for Defendant No.3.
Adjourned for NM reply and WS to 03.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Plaintiff in person is present.
Adv. Khandagale for defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply. Time is granted.
Adv. Shailesh Pal for defendant No. 3 is present.
Adjourned for NM reply and WS to 03.12.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Mr. Ram Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply. Time is granted.
None present for defendant No.3.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 01.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Mr. Ram Singh for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant Nos. 1 and 2/MCGM is present and requested for time to file NM reply. Time is granted.
None present for defendant No.3.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 01.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Matter pertains to C.R.No.11.
Adv. Ramsingh for the plaintiff is present.
Adv. Mrs. Mhatre h/f Mr. Giri for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for 07.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Mr. Ram Singh for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present and requested time to file NM reply/WS. Time is granted lastly.
None present for defendant No.3 The suit is proceeded without NM reply and WS of defendant No.3.
Adjourned for NM reply/WS to 16.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Adv. Mr. Ram Singh for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present and requested time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is posted without reply of defendant Nos. 1 and 2. Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 08.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present.
Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (no reply) to 12.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant Nos. 1 and 2/MCGM is present.
Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 01.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Giri for defendant Nos.1 and 2/ MCGM is present and requested time to argue the NM. Time is granted. Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 27.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: The plaintiff is present in person. His advocate is absent. The plaintiff is to file written submissions on NM.
Adv. Mr. G.O. Giri for defendant Nos. 1 and 2/MCGM is present.
Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 19.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Plaintiff No.1 is present in person and filed the application for adjournment as advocate is not keeping well. Taken on record. It is marked as Exhibit 5. O- Adjourned shortly.
Adv. Mr. Arvind Rathod for defendant Nos. 1 and 2/MCGM is present. Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM (No reply) to 03.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Plaintiff No.1 is present in person and filed the application for adjournment. Taken on record. It is marked as Exhibit 6. O- More than sufficient time is already granted to file written submission on NM. Still, considering this application, the matter is adjourned, subject to payment of costs of Rs.1,500/-(Rs. One Thousand Five Hundred) in favor of DLSA, Mumbai, till the next date. In default, the NM would stand dismissed. Adv. Mr. V.G. Shinde h/f Adv. Mr. Arvind Rathod for defendant Nos. 1 and 2/MCGM is present. Rest of the defendants are absent.
Earlier order, if any, to continue till next date.
Adjourned for costs/compliance/dismissal to 23.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Plaintiff No.2 is present in person. Adv. Ms. Ashwini Borse is present and filed V/P for the plaintiffs. Taken on record. It is marked as Exhibit 7. O- Filed. She also filed pusis having deposited the costs with DLSA Mumbai. Taken on record. It is marked as Exhibit 8. O- Filed. She further filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. Adv. Mr. Arvind Rathod a/w 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 to 23.10.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present. The Court is busy in other urgent praecipe matters. Earlier order, if any, to continue till next date.
Adjourned for NM Order to 27.11.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: C
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Plaintiff No.1 is present in person. Adv. Mr. V.G. Shinde for defendant Nos. 1 and 2/MCGM is present. None present for defendant No.3. The matter is kept back. Later on 4.30 p.m. Barring appearance for defendant Nos. 1 and 2, rest are absent. Following Order is passed in NM No. 1916/2019. 01. Considering the rival stands, at the outset, it is worth noted that on 05.10.2019, this Court granted an interim relief in favour of the plaintiff, in terms of prayer clause a of this NM, and the said Order is continued till today. It further seems that even after ample opportunities, as the defendants failed to contest the suit and NM, the same proceeded ahead as per roznama Order dtd. 09.08.2023. This way, there is no change of circumstances which were existing while granting the interim relief to this plaintiff. More so, there is no reason to discard the plaintiffs contentions, which are made on affidavit. Consequently, it would be just to continue the said Order, till disposal of the suit. Coming to prayer clause b and c of this NM, the plaintiff is still to substantiate his entitlement for granting mandatory injunction for demolition of the structure. Moreover, the record is silent to assume that defendant No.3 is trying to create the third party interest. This being position of record, in my view, those reliefs can not be considered at this stage. Hence, the Order 01. Notice of Motion No. 1916/2019 is made absolute in terms of prayer clause a. Accordingly, the interim relief of dtd. 08.05.2019 is continued till disposal of the suit.
02. Notice of Motion No. 1916/2019 is, accordingly, disposed of. Adjourned for RE (No WS) to 29.01.2025.
Nature Of Disposal: ALLOWED
Disposal Date: 13-12-2024
