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: Wrongly on board on 6.07.2019
Matter is adjd. to 6.07.219
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2019
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: 06-07-2019
Date: 06-07-2019
Business: Adv. Phiroj Bharuch i/b Jatin Seth for the Plaintiff present.
Adv. Martina Sapkal for Defendant nos. 1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Compilation of documents tendered by Defendant nos. 1 to 3. t.o.r.
Earlier ad interim order be continued till next date.
Matter is adjd. to 16.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. Bharucha i/b 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
Earlier ad interim order be continued till next date.
Matter is adjd. to 3.08.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv. Bharucha I/b Jatin Seth for the Plaintiff present.
Adv. Priyanka Gaonkar h/f Matina Sakpal for Defendant-1 to 3 present.
Adv. Suryawanshi for MMC/Defendant No. 4 and 5 present
Earlier ad interim order be continued till next date.
Matter is adjd. to 26.08.2019 for reply by BMC.
Next Purpose: REPLY
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Firoz Bharucha I/b Jatin Seth for the Plaintiff present.
Adv. Shukla h/f Matina Sapkal for Defendant-1 to 3 present.
Adv. Ms. Chandramore for Defendant nos. 4 and 5 present.
Draft Ch/s alongwith affidavit in support taken out by plffs for seeking permission to amend the suit plaint. t.o.r. It appears that proposed amendment has been asked by the Plaintiff in view of reply tendered by Defendant nos. 1 to 3 disclosing therein order passed on 29.04.2019 and also in view of copy of order passed annexed with the reply. Thus, after filing of the suit the plfs have come to know about the said order passed and therefore, now by way of proposed amendment. The plffs want to bring on record the said facts in the pleadings and prayer clause. Hence, in such circumstances, it is just to allow the proposed amendment. If present Ch/s is allowed, nature of the suit will be changed and no prejudice would be caused to the defts. Hence, draft Ch/s is made absolute and the plffs are hereby permitted to carry out amendment as per schedule annexed to draft Ch/s. The plffs are directed to carry out the said amendment on or before next date.
Accordingly draft Ch/s stands disposed of and it be registered for statistical purpose.
Draft Ch/s alongwith affidavit in support taken out by plffs for seeking permission to amend the prayer in N/M and affidavit in support of N/M. t.o.r. It appears that proposed amendment has been asked by the Plaintiff in view of reply tendered by Defendant nos. 1 to 3 disclosing therein order passed on 29.04.2019 and also in view of copy of order passed annexed with the reply. As amendment has been allowed in the plaint, only prayer in the N/M can be permitted to amend and not other part mentioned in the schedule. Affidavit sworn by the person can not be later on allowed to be amended. Therefore, this draft Ch/s is made partly allowed. The Plaintiff are hereby allowed to carry out amendment in the N/M and that too, only in the prayer clause and remaining part of this N/M is hereby rejected. The plffs are directed to carry out the said amendment on or before next date.
Accordingly draft Ch/s stands disposed of and it be registered for statistical purpose.
Adv for Defendant nos. 4 and 5 seeks adjournment for filing reply. Granted.
Hence, Earlier ad interim order be continued till next date.
Matter is adjd. to 27.09.2019 for compliance/ reply by Defendants nos. 4 and 5/passing no WS order
Next Purpose: REPLY
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Jatin Seth with Bharucha for the Plaintiff present.
Adv. Shukla h/f Martina Sapkal for State/deft-1 to 3 present.
Adv. Ms. Chandramore for BMC/Defendant no. 4 and 5 present.
Earlier ad interim order be continued till next date.
As Court is busy in dictating orders in other matters on board, hence board is discharged.
Matter is adjd. to 25.11.2019
Next Purpose: REPLY
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv.Jatin Seth for plaintiff is present.
Adv.Ms.Chandramore for BMC/deft/No.4,5 Present, she seeks time for tendering reply. O-granted as a last chance.
Adv.Shukla h/f Adv. Martina Sapkal for defendant No.1,2,3, present.
Earlier Ad-interim order, if any be continued till next date.
Matter adj for NM reply to 24.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Jatin Sheth for Plaintiff is present. He seeks time for N/M hearing. O granted.
Adv. Chandramore for defendant no. 5 and 5 is present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. Shukla h/f Adv. Sakpal defendant no.1,2 and 3 is present. He field pursis. And submitted that affidavit of reply be treated as WS of defendants. TOR
API (traffic) Sandeep Fanase is present.
Defendant no. 4 and 5 reply to N/M no. 2009/2019. therefore no reply is passed against defendant no. 5 to 5.
affidavit in reply (WS of defendant no. 1 to 3)
Matter is adjd. for N/M hearing to 31/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv. Mr. Anup Desai for the plaintiff.
Adv. Ms. Priyanka Gaonkar for the defendants no.1 to 3.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 10/03/2021 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None for plaintiff.
Adv. Mr. Priyanka Gaonkar h/f Adv. Martina Sakpal for the defendants 1 to 3.
Adv. Chandramore for the defendants No.4 and 5.
Matter is adjd. to 28/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
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. Mr. Purohit along with Adv. Mr. Jatin Sheth 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.2010/2019. Hence, the NM to proceed without reply against defendants No.4 and 5.
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. Mr. Purohit along with Adv. Mr. Jatin Sheth 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.2010 of 2019 is hereby dismissed.
2. Notice of Motion No.2010 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 defendant no. 04 & 05.
Matter adjourned for Issues to 02.08.2022.
LO at 2.21 pm.
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
Issues are framed at Exh 06
Adv. Chandramore present for defendant 04 and 05/MCGM.
Matter adjourned for RE to 15/09/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv Suraj Sheety present for plaintiff and tendered Vakalatnama. TOR. Marked as Exh-07. He sought adjournment.
Adv Kapse present for defendant no. 01 to 03
Adv Chandramore present for defendant no. 04 & 05.
None present for other defendants.
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.07. 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: Plaintiff in-person present.
Adv. Suraj Shetty present for plaintiff and tendered affidavit of evidence. TOR and marked as Exh.08. O-Filed. Copy served on counsel for BMC.
He also tendered compilation of documents.TOR and marked as Exh.09. 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: Representative of plaintiff present.
Adv. Hetal patel present for plaintiff.
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 adjd. For Hearing to 18.12.2023.
Next Purpose: HEARING
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Hetal patel present for plaintiff.
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 adjd. For Hearing on admissibility of documents to 01.02.2024.
Next Purpose: HEARING
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. Hetal patel present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal present for defendant Nos.1 to 3/State.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC and endorsed say on list of document (Exh.9).
Matter adjd. For Hearing on admissibility of documents to 26.03.2024.
Next Purpose: HEARING
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Adv. Hetal patel present for plaintiff.
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 Hearing on admissibility of documents to 05.07.2024.
Next Purpose: HEARING
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Adv. Priyasha Pawar h/f. Adv. Hetal Patel for plaintiff present.
Ad. Martina Sapkal present for defendant Nos.1 to 3/State.
Adv. V. G. Shinde present for defendant Nos.4 and 5/BMC .
Matter adjourned for Hearing on admissibility of document to 23.07.2024.
Next Purpose: HEARING
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Adv. Suraj Shetty h/f. Adv. Hetal Patel for plaintiff present.
Ad. Martina Sapkal present for defendant Nos.1 to 3/State.
Adv. Apurva Dalal present for defendant Nos.4 and 5/BMC .
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed vide list Exh.09 on record.
Document No.1, Document No.3, Document No.4 and Document No.6 are issued from office of BMC and BMC admitted these documents, therefore this documents are exhibited in evidence and marked as Exh.10, Exh.11, Exh.12 and Exh.13 respectively.
Document No.5 appears to be from office of BMC, but BMC did not admit this document. It is a colour photocopy. Hence, it cannot be admitted in evidence at this stage. It is marked Article-A.
Document Nos.2, 8 and 10 are from offices of State. They are admitted by Public Prosecutor. They are marked as Exh.14, Exh.15 and Exh.16 respectively.
Documents At serial No.7 are copies of two photographs. They are collectively marked Article-B.
Document at Serial No.9 is original letter from plaintiff to Police Inspector (Planning), Worli, Mumbai. It is marked as Exh.17.
Certificate under section 65B is signed by plaintiff. It is marked as Exh.18.
Matter adjourned for Cross-examination to 13.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Date: 24-09-2024
Business: Adv. Suraj Shetye a/w. Adv. Hetal Patel for plaintiff present.
Ad. Martina Sapkal present for defendant Nos.1 to 3/State.
Adv. Apurva Dalal present for defendant Nos.4 and 5/BMC .
Mr. Rajesh Kamalsingh Parmar, Senior Inspector (License), BMC present.
Advocate for plaintiff not pressed application (Exh.19).
Order passed below Exh.1
Learned counsel for defendant/BMC admitted document No.5 (Article-A) filed vide list Exh.9. Thereofore it is marked Exh.20. Plaintiff filed photographs (Article-B). He stated in his affidavit of examination in chief that he took those photographs by using his digital camera and printout is filed on record. He has also filed certificate under section 65B of Indian Evidence Act. Therefore photograph are marked as Exh.21 collectively.
Matter adjourned for Cross-examination to 11.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE
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 hordings. 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: RECORDING EVIDENCE
Next Hearing Date: 15-02-2025
Date: 15-02-2025
Date: 17-03-2025
Date: 22-03-2025
Date: 11-06-2025
Date: 25-07-2025
Date: 12-08-2025
Date: 03-09-2025
Date: 20-09-2025
Date: 03-10-2025
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.24- 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.25. O-Other side to say.
Adv. Martina Sapkal for defendant No.1 to 3/State endorsed say on appliaction Exh.25.
Adv. Apurva Dalal for defendant No.4 and 5/BMC endorsed say on appliaction Exh.25.
Order below Exh.25
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.415/2021 with Interim Application No.3247/2021 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.25 is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 30-10-2025