M/s. Sitara Hind Samajik Sanstha +1 moreVsMCGM

Date: 14-06-2019
Business: By Precipee
Adv. Mr. S. K. Dube for Plaintiff present.
Adv. Ms. Khandagle for Defendant/MCGM present.
Adv. for plff filed draft N/M along with affidavit. Leave granted to register N/M, R/O till next date.
Order on Ad-interim relief
Perused notice of motion, contents of plaint, documents annexed thereto and heard both sides. Possession receipt filed by the plaintiff clearly depicts that possession of the suit premises viz. Public toilet is given to plaintiff society on 24.05.2019 for a period of five years. The plaintiff apprehends that defendant MCGM will demolish the suit premises without following due process of law. Defendant MCGM has not produced any document showing that notice is issued to plaintiff before demolition. Hence ad-interim relief in terms of prayer clause-(a) is granted till defendant MCGM follows due process of law in respect of demolition of suit premises.
Adjd. to 13.07.2019 for Lok Nyayalay.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2019

Date: 13-07-2019
Business: Plaintiff absent. Ld. Advocate is absent.
Matter Adjd. to 15.07.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: The P.O. is on leave.
Hence board is discharged.
Adjd to 21.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: Adv.  Mukesh Dubey  for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for Defendant,adjournment granted .
Time extended till next date for registering the NM.
Earlier order, if any, to continue till next date.
Adjd to 12-02-2020  for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv.Mukesh Dubey for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
 Matter adjd to  13.04.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.4052/19. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 12/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present Adv. for plaintiff tendered original registered NM No.4052/19
alongwith affidavit in support. TOR.
Adv. Khandagle for deft/MCGM present.
Matter adjd to 28/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Mukesh Dubey 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 12/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: None for plaintiff.
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 12/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022

Date: 12-01-2022
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 06/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Mukesh Dubey h.f. Adv. S.K. Dubey for Plantiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. To 29/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv Mukesh Dubey 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 05/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 26/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 18/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: None for plaintiff.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 16/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: As Court is busy in urgent N/M hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 27/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: As Court is busy in urgent ad-interim relief and passing Ch/S orders, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 12/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 27-02-2023
Business: As Court is busy in urgent ad-interim relief and passing Ch/S orders, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 12/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Suryavanshi for  deft./M.C.G.M. present.
Earlier order, if any, to continue till next date.
Adjd. to 23/08/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Granted.
Earlier order, if any, to continue till next date.
Adjd to 11.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  03.01.2024    for  NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Matter pertains to C. R. No. 4
Advocate Mukesh Dubey  for plaintiff present.
Adv Suryavanshi for defendant BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  06.03.2024  for   NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: (Not on Board. Taken on Board for placing the matter before National Lok-adalat will be held on 03.03.2024).
Adv. Suryawanshi Defendant/BMC present.
Issue notice to plaintiff to remain present before National Lok-adalat on 03.03.2024 at 10.30 am.
Adjd to 03.03.2024 for Lok-adalat.
Next Purpose: REPORT
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel No.V)
Matter pertains to C.R. No. 4.
Plaintiff is absent.
Ld. Adv. Mr. J. S. Yadav for plaintiff is present.
Ld. Adv. Mr. Om Suryawanshi for MCGM/defendant is present.
Concerned Officer is absent.
The case is adjourned to 01.04.2024.
Adv. Mr. Sanjay P. Patankar   Panel Member                       HHJ. SHRI. B. Y. PHAD
                                                    Panel Head
Next Purpose: HEARING
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Matter pertains to C. R. No. 4
None present for plaintiff.
Adv. Mr. Suryavanshi  for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 19.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM.  This is DPL matter, hence matter is kept in Maha Lokadalat
Issue notice to plaintiff
Earlier order, if any, to continue till next date.
Adjd  to  27.07.2024 for  Lok Adalat Report
Next Purpose: REPORT
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: PANEL HEAD - HHJ SHRI R. M. MISHRA
Panel Member - Adv. Shri. Vishal Bhogle
Matter pertains to CR No. 4
None for plaintiff.
Mr. Abhijeet Ambekar SE (Road) Present.
Adv. Suryakant Botlawar for Defendant/MCGM present.
Matter is adjd to 14.08.2024
Next Purpose: REPORT
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of 5 years old.
Earlier order, if any, to continue till next date.
Adjd  to 18.09.2024  for  NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Advocate Mukesh Dubey  for plaintiff present.
Advocate  Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as matter is five years old.
Earlier order, if any, to continue till next date.
Adjd  to  04.11.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri     for defendant/BMC present.
Matter is of year 2019. on previous two occasion last chance has been granted but inspite of that BMC has not filed reply to NM. Hence no say order passed against def/BMC. Matter adjourned for NM Hearing
Earlier order, if any, to continue till next date.
Adjd  to 06.12.2024     for NM hearing ( without reply )
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Mukesh Dubey for plaintiff present.
Advocate   Honmane  for defendant/BMC present.
This is DPL suit and there appears element of settlement. Hence matter referred to Mahalokadalat on 14.12.2024.
Issue notice to plaintiff on Court Motion
Plaintiff is directed to remain present on 14.12.2024 before  10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd  to  14.12.2024   for  Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Adv. Sujata Puri present for BMC/ deft.
Plaintiff absent. Their counsel is absent. Hence matter could not be settled. Hence matter returned back to the concerned court.
Adj to 29/01/2025.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to take instructions for addition of MHADA as party in this suit. Adv. Ms. Sujata Puri for defendant/MCGM is present. Heard both the sides on NM. Earlier order, if any, to continue till next date.
Adjourned for NM Order (No reply) to 03.02.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Following Order is passed on NM No. 4052/2019.
1.		By this suit, the plaintiff contented that the defendant unlawfully threatened to demolish toilet blocks,which are referred to in para 1 of the plaint. The said blocks were constructed in the year 2010 and it were made-up of BM Wall and Patra Sheet Roof. It is being properly maintained by the plaintiff. Moreover, in view of the letter dtd 24.05.2019, the MHADA permitted to maintain it  till 23.05.2024. That apart, no notice is issued for it’s demolition. However, as the defendant threatened, the plaintiff is afraid of the said demolition. The record shows that on 14.06.2019, this Court  granted ad-interim relief in terms of prayer clause (a) in favour of the plaintiff and it is continued till today. And, thenceforth, this defendant did not contest this NM and it is proceeded without its reply as per the Order dtd. 04.11.2024. Thus, there is no change in the scenario, which was prevailing while granting ad-interim relief in favour of the plaintiff. Nor, there is any material to rebut his contentions of threat, which are supported on affidavit. Being so, I am of the opinion that the earlier order of ad-interim relief is  to be continued, till disposal fo the suit. Hence the Order:
1.	Notice of Motion No. 4052/2019 is made absolute in terms 	of the interim order dtd 14.06.2019, till disposal of the suit.
2.	Notice of Motion No. 4052/2019 is, accordingly, disposed of
By concent of the parties, the matter is referred to ensuing Lok-Adalat. Issue notice to the plaintiff on Court Motion.
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 DATED 22.03.2025                                             PANEL NO.3
_____________________________________________
Plaintiff is absent.
Adv. Sujata More for BMC present.
Officer of BMC is absent.
Matter is not settled.
Matter adjourned to 24.06.2025.
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Vyavhare for defendant/MCGM is present.
Adjourned for written statement to 11.08.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to file written statement. Time is granted.
Adjourned for written statement to 06.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to file written statement.
Adjourned for written statement to 03.12.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant/MCGM is present and requested time to file written statement.
Adjourned for written statement to 04.02.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for written statement to 09.03.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and filed written statement vide Exhibit 2. O- filed. Copy of plaintiff is kept in R & P.
Adjourned for draft issues to 29.06.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present
Adjourned for framing issues to 31.07.2026
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-07-2026

Date: 07-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Not on Board Taken on Board  By praecipe- Exhibit 3
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and tendered draft Notice of Motion along-with affidavit in support.
O- Leave is granted to register
She has also filed compilation of documents. Taken on record
O- Other side to say.
Notice of Praecipe for urgent hearing of draft NM has been served to the plaintiff personally as well E-mail. Inspite of service, he remained absent. Hence keep for hearing on draft NM.
Adjourned for tendering registered NM/NM reply/NM hearing  to 10.07.2026
Next Purpose: REPLY
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mukesh Dubey for the plaintiff is present and seeks time to file reply to NM. 3450/26. O- Considering the urgency, last chance is granted.
Ld Adv of plaintiff has received copy of Written statement from Defendant.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and tendered registered NM No. 3450/2026 with affidavit in support and filed service report of the plaintiff.
Adjourned for NM reply to 13.07.2026
Next Purpose: REPLY
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mukesh Dubey is present and withdrawn his Vakalatnama by filing pursis Exhibit 4 stating that plaintiff was intimated by notice dtd 10.07.2026 to remain present and take appropriate steps but inspite of that he remained absent. As plaintiff is absent hence no reply order has been passed against him
O Considering the same, Adv Dubey is hereby allowed to withdraw his Vakalatnama vide Exhbiit 4.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Heard argument of Adv of defendant/MCGM on NM 3450/2026.
Adjourned for NM Order to15.07.2026
Next Purpose: NM  ORDERS
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
F.R.S.R. the following Order is passed in Notice of Motion No. 3450 of 2026:
ORDER
1.	Notice of Motion No.3450 of 2026 is hereby allowed.
2.	The order passed in Notice of Motion No. 4052/2019 on 	03/02/2025 stands vacated / set aside.
3.	Notice of Motion No.3450 of 2026 disposed of accordingly.
Adjourned for issues to 14.08.2026
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and filed demolition report of the suit structure alongwith pursis vide Exhibit 5
	I am of view that the suit structure has been already demolished by the Corporation and now nothing has been remained at the spot. The Ld. Adv of defendant has filed demolition report alongwith photographs. Plaintiff is absent.
	In view of demolition report, suit become infructuous, therefore, it would not be appropriate to keep the suit pending unnecessary. Thus, suit stands disposed of finally as it become infructuous and closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-08-2026

NOTICE OF MOTION/103450/2026
NOTICE OF MOTION/104052/2019

Registration Number: 101353/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 106001/2019
Filing Date: 06-06-2019
First Hearing Date: 14th June 2019
Decision Date: 14th August 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE