Date: 20-06-2019
Business: Adv. Jatin Seth for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No.4 and 5 present
None present for Defendant nos. 1 to 3.
Rejoinder to reply tendered by the Plaintiff. t.o.r
Earlier ad interim order be continued till next date.
Matter is adjd. to 2.07.2019 for reply by Defendant no. 4 and 5.
Next Purpose: REPLY
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: Adjd
Next Purpose: REPLY
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. S. S. Purohit 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. Purohit I/b Jatin Seth for the Plaintiff present.
Adv. Priyanaka Gaonkar h/f Matina Sakpal for Defendant-1 to 3 present.
Adv. Suryawanshi for MMC/Defendant-4 and 5 present
Earlier ad interim order be continued till next date.
Matter is adjd. to 26.08.2019 for reply
Next Purpose: REPLY
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Faran Khan 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.
Adv for Defendant nos. 4 and 5 seeks adjournment. Granted.
Adv for Defendant nos. 1 to 3 seeks adjournment. Granted.
Hence, Earlier ad interim order be continued till next date.
Matter is adjd. to 27.09.2019 for reply by Defendant nos. 4 and 5/passing no WS order against the defts.
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 4 and 5 is present.
Adv. Shukla h/f Adv. Sakpal defendant no.1,2 and 3 is present.
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. 4 to 5.
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. Ms. Priyanka h/f Adv. 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.2011/2019. 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. Simil Purohit i/b Jatin Sheth for plaintiff present.
Adv. Martina Sakpal for defendants No.1 to 3 present.
None for defendants No.4 and 5.
Matter is adj. to 07/10/2021 for hearing on NM at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
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.
Heard arguments.
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.2011 of 2019 is hereby dismissed.
2. Notice of Motion No.2011 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, defendants failed to file there Written Statement. Hence, suit be proceeded without Written Statement of defendants.
Matter adjourned for RE 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 Ex-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: Plaintiff in-person present.
Adv. Suraj Shetty present for plaintiff
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Kapse present for defendant Nos.1 to 3 /State.
Matter adjourned for Recording Evidence to 15.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Adv. Sarthak Dhune present for plaintiff and tendered adjournment application. TOR and marked as Exh.10. O-Adjournment is granted as last chance.
Adv. Chandramore present for defendant Nos. 4 and 5/BMC.
Adv. Martina Sakpal present for defendant/State.
Matter adjourned for Recording Evidence to 27.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Hetal Patel for plaintiff.
CA of plaintiff present tendered adjournment application TOR. Makred Exh. 12. O - Allowed.
Matter adjourned for Recording Evidence to 18.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Hetal Patel for plaintiff present.
Adv. Krishna Yadav h/f. Adv. Martina Sapkal present for defendant/State.
On oral request of advocate for plaintiff, Matter adjourned for Recording Evidence to 01.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Plaintiff in-person present.
Adv. Hetal Patel for plaintiff present and tendered affidavit of evidence and list of document. Taken on record and marked as Exh.13 and Exh.14 respectively. Copy served on defendant/State and defendant/BMC.
Adv. Chandramore present for defendant/BMC.
Adv. Priyanka Gaonkar h/f. Adv. Martina Sapkal present for defendant/State.
Matter adjourned for Admission and denial to 26.03.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Adv. Hetal Patel for plaintiff present.
Adv. Krishna Yadav h/f. Adv. Martina Sapkal present for defendant Nos.1 to 3/State.He tendered say on list of document filed by plaintiff. Taken on record and marked as Exh.15. O-Filed.
Adv. Chandramore present for defendant Nos.4 and 5/BMC. She endorsed say on list of document filed by plaintiff itself.
Matter adjourned for hearing on admissibility of document 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 .
Matter adjourned for Hearing on admissibility of document to 24.07.2024.
Next Purpose: HEARING
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Adv. Himanshu Vyas h/f. Adv. Hetal Patel for plaintiff present.
Adv. Apurva Dalal present for defendant Nos.4 and 5/BMC .
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed vide list Exh.14 on record.
Document No.1 is a photocopy of power of attorney. It is admitted by learned public prosector. It is marked as Exh.16.
Document No.2 is original assessment bill dated 01.04.2023. It is marked as Exh.17.
Document No.3 is license fee receipt dated 19.04.2019. It is marked as Exh.18.
Document No.4 is receipt of renewal fee. It is marked as Exh.19.
Document No.5 is photocopy of order passed Deputy Municipal Commissioner. It is admitted by BMC. It is marked as Exh.20.
Document No.6 is original office copy of letter. It is marked as Exh.21.
Document No.7 is original copy of letter dated 21.09.2017 by Assistant Commissioner Police. It is marked as Exh.22.
Document No.8 is original copy of license fee. It is marked as Exh.23.
Document No.9 is original copy of notice dated 03.04.2019. It is marked as Exh.24.
Document No.10 is a photocopy of letter to Joint Commissioner of Police written by plaintiff. It is marked as Exh.25.
Document No.11 is original block plan. It is marked as Exh.26.
Document No.12 is colour photograph. It is marked as Exh.27.
Document No.13 is xerox copy of letter from office of API. It cannot be admitted in evidence at this stage.
Document No.14 is original letter dated 25.04.2019. It is marked as Exh.28.
Document No.15 is original letter dated 01.05.2019. It is marked as Exh.29.
Document No.16 is certificate under section 65B. It is marked as Exh.30.
Matter adjourned for Cross examination to 01.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: Adv. Himanshu Vyas h/f. Adv. Hetal Patel for plaintiff present.
Adv. Apurva Dalal present for defendant Nos.4 and 5/BMC .
Adv. Martina Sakpal for defendant No.1 to 3 present.
By consent, Matter adjourned for Cross examination to 13.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: C.A. of plaintiff present.
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.14 on record.
Document No.13 is admitted by defendant/State. It is marked as Exh.31.
Matter adjourned for Cross-examination to 24.09.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2024
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.
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
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: 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.32. 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.
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.
PW-1 absent.
Matter adjourned for cross examination of PW-1 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.
Adv. Martina Sapkal for defendant No.1 to 3 present.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
Matter adjourned for recording evidence of plaintiff to 12.08.2025.
Next Purpose: RECORDING EVIDENCE
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.
PW- 01 Jitendra Devendra Jain present.
Cross examination of PW- 01 Jitendra Devendra Jain by Adv. Martina Sapkal for defendant No.1 to 3/State is commenced and completed.
Cross examination of PW- 01 Jitendra Devendra Jain by Adv. Apurva Dalal for defendant No.4 and 5/BMC is commenced and completed.
Ld. Adv. for plaintiff filed evidence closed puris Exh.33. Taken on record.
Matter adjourned for evidence of defendant 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 and seek time. Time granted.
Adv. Apurva Dalal for defendant Nos.4 and 5/BMC present.
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.34. 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.35- 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.36. O-Other side to say.
Adv. Martina Sapkal for defendant No.1 to 3/State endorsed say on appliaction Exh.36.
Adv. Apurva Dalal for defendant No.4 and 5/BMC endorsed say on appliaction Exh.36.
Order below Exh.36
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.456/2021 with Interim Application No.3494/2021 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.36 is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 30-10-2025