Premchand Ramchandra MadaneVsThe Asst. Municiapla Commissioner

Date: 06-06-2019
Business: By praecipe
Advocate V.T.Dubey  for plaintiff present filed Draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms.Mhatre for defendant/MCGM present.
Heard advocate for Plaintiff.
Heard advocate for Defendant.
Plaintiff alleges that a notice u/s 354A of the MMC Act is served upon him to which he has filed reply.  According to the Plaintiff no speaking order is yet passed.  Advocate for defendant accepts that no speaking order is yet passed.
Plaintiff alleges that he is occupying room no.10 on the ground floor.  According to the Plaintiff room no.2 on the first floor, just above room no.10, is occupied by Mr. Parmeshwaram. The Defendant however alleges in the impugned notice that by demolishing existing structure plaintiff is raising ground plus one construction of commercial nature.
Considering that Defendant Corporation has not yet passed speaking order and that prima-facie it is not acceptable that Plaintiff can raise construction of ground plus one floor by demolishing his ground floor room when the room above it is still occupied by the occupant, the allegations in the notice appear improbable.  Thus, prima-facie case is made out. Consequently I pass following order
ORDER
1. Ad-interim relief is granted in terms of prayer clause (a) of the Notice of Motion till next date.
2. Leave is granted to register the NM. It is made returnable on 01.08.2019.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 01.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion No.2696/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 24.09.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 17.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Mishra for plaintiff present.
Adv. Mhatre for deft./MCGM, prayed for adjournment to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM Reply 18.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Mr. Rashid Ansari for plff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd for NM reply on 16.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
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: 16-12-2020

Date: 16-12-2020
Business: Adv.V. T. Dubey for Plaintiff present.
Adv. Mhatre for deft./MCGM reply.
Earlier order, if any, to continue till next date.
Matter is adjd.to  30-03-2021  for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Dubey for plaintiff present.
Adv. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 22.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: CORAM  H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No.11)
Adv. V.T. Dubey for plaintiff present.
Adv. Adv Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 21.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. N.K. Dubey for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 25.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: (Matter pertains to C.R. No.11)
Adv.V.T. Dubey for plaintiff present.
Adv.Mr.Khandagle for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Reply to 10.12.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. N.K Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 28.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: (Matter pertains to C.R. No.11)
Adv.   for plaintiff present.
Adv. Mr. Khandagale for defendant/MCGM  present.
In view of office order no. 07/2022 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.
Matter is adjd. for NM reply-rejoinder to 11.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Mr. V.T. Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 22.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 24.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 04.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present for the plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM 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 and WS to 04.01.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 04.03.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff  is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 03.05.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 18.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 09.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Matter pertains to C. R. No. 11
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 08.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Mrs. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 09.02.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 19.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Matter pertains to C. R. No. 11
Adv. Mr. N. K. Dubey present for plaintiff.
Adv. Mr. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Replyrejoinder to 06.07.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 31.08.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 08.11.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar a/w Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 20.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Matter pertains to C.R. No.11
Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/Rejoinder to 12.02.2025
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: Adv. Mrs. Vijayarani h/f  V. T. Dubey for plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Reply/Rejoinder to 16.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: The Court is busy in dictating Judgment in SU Nos. 1639/2014 and other urgent ad-interim praecipe matters. Hence, board discharge from Sr. No. 81 to 123. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 11.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
Adv. Mr V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM Reply. Granted. Earlier Order, if any to continue till next date
Adjourned for NM Reply to 28.07.2025.
                                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 19.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: Matter pertains to C. R. No. 11
Adv. Ms. Sharda Dwivedi h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 06.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: Matter pertains to C. R. No. 11
Adv. Ms. Prasad for the plaintiff is present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Adjourned for Reply/Rejoinder to 15.12.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: Adv. Ms. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 06.03.2026.
                                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 17.04.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 24.06.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 20.07.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and filed reply along-with documents to NM. Taken on record. O- Filed. Copy is supplied to the other side. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 28.09.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/102696/2019

Filing Number: 105907/2019
Filing Date: 03-06-2019
First Hearing Date: 06th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE