Raju Anandrao Sonawale +2 moreVsMCGM +1 more

Date: 19-06-2019
Business: Adv. A. B. Ketkar with Adv. Kapil Shetye for plaintiff present and tendered draft NM with affidavit.  Leave is granted to register the NM.
Adv. Khandagle for Deft./MCGM present and filed compilation of documents.
Adjd to  21.06.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: None for plaintiff.
Adv. Khandagle for Deft./MCGM present.
Kept back.
L. O. at 3.30 p.m. Adv. A. B. Ketkar with Adv. Kapil Shetye for plaintiff present.
Plaintiff is directed to register the NM on or before next date.
Ld. adv. for defendant MCGM seeks time to file documents.  Hence defendant/MCGM is directed to maintain status-quo in respect of the suti premises till next date.
Authenticated copy be given to the both parties.
Adjd to 26.06.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Kapil Shetye for plaintiff present and tendered registered NM No. 2276/19 with affidavit.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 24.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to  18-12-2019 for N.M. Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv.  Kapil Shetye for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to  08-04-2020 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None for plaintiff.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 17/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/01/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of office order no.7/2022 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.
Adjd. to 25/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Anges Cornelius for  plaintiff present and tendered Vakalatnama. TOR and marked as Exh.2. She also filed application for passing \''\''No Say Order\''\'' against defendant / MCGM. Said application is TOR and marked as Exh.3.
ORDER ON EXH.3- Other side to say.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date as last chance.
Earlier order, if any, to continue till next date.
Adjd. To 25/04/2022 for say on Exh.3 /NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: As court is busy in dictating High Court Time Bound NM orders and ad-interim order, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022 for say on Exh.3 and NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Ms. Atalas for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and filed N/M reply cum W/S, TOR and marked as Exh. 4. She also tendered compilation of documents, TOR and marked as Exh. 5. Copies are supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 13/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Agnes for plaintiff present and tendered application for filing rejoinder, TOR and marked as Exh. 6.
O - Granted time till next date.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/08/2022 for rejoinder/ N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Agnes for plaintiff present and tendered rejoinder in N/M, TOR.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Agnes h/f Adv. Kapil Shetye for plaintiff present and requested time to argue on N/M. Adv. for corporation opposed for adjournment on ground that PAP structures. There is a interim injunction. However, time is granted as a last chance.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 23/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. Agnes for plaintiff present and tendered written submissions in N/M, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Agnes for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for defendant\''s argument.
L.O.
Same appearance.
Heard arguments of deft./BMC on N/M No.2276/2019.
Earlier order, if any, to continue till next date.
Adjd. to 08/10/2022 for order on N/M No.2276/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Plaintiff present. His advocate absent.
Adv. Rawade hf. Adv. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Plaintiff present. His advocate absent.
None for Defendant/BMC.
F.R.S.R. following order is passed on NM No. 2276/2019 -
ORDER
1. Notice of Motion No. 2276/2019 is dismissed.
Adjd. to 14/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 18/02/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre h.f. Adv. Suryawanshi for defendant/ BMC is present.
Draft issues not tendered by both parties. Hence, matter adjourned for framing issues.
Adjd. to 15/04/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre h.f. Adv. Suryavanshi for defendant / BMC is present.
Issues are framed it is marked as Exh-7.
Adjd. to 11.07.2023 for list of witnesses and recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: None present for plaintiff.
Advocate Mhatre  for defendant/BMC present.
Adjd   to 12.09.2023   for  Plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Plaintiff No. 1 present and his advocate is absent.
Advocate Mhatre for defendant/BMC present.
Adjd  to   12.12.2023   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: None for plaintiff.
Advocate Mhatre for defendant/BMC present.
The issues are framed on 15/4/2023 and since then matter adjourned for plaintiff’s evidence. The Roznama shows that neither the plaintiff nor his advocate remains present. Hence adjourned and kept for dismissal of suit.
Adjd to 20/1/2024 for dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
keep back
Later on 3.03 p.m
Plaintiff No. 1 to 3 present and tendered application for  withdrawal of suit marked as Exh. 8
Order below Exh. 1
    The plaintiffs No. 1 to 3 are present and they have  filed application for withdrawal of suit unconditionally below     Exh 8. The plaintiff’s produced verified copies of their  Aadhar Cards below Exh. 9 to Exh.11.  They submitted that they can not afford lawyers fees. When they were asked whether they required Advocate through legal aid, they submitted that they do not want to proceed with the suit. Adv for Corporation has given no objection for unconditional withdrawal. Hence I pass following order.
ORDER
Suit is disposed of as withdrawn as per application below Exh. 8.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-01-2024

NOTICE OF MOTION/102276/2019

Registration Number: 101461/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105964/2019
Filing Date: 04-06-2019
First Hearing Date: 19th June 2019
Decision Date: 20th January 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE