Date: 11-06-2019
Business: Advocate V.T.Dubey for plaintiff present and original Notice of Motion no.1982/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Mhatre for defendant /MCGM present.
Adv. A.B.Dubey for applicant present and filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. Made returnable on 28.06.2019.
The case is adjourned to 28.06.2019 for NM and Chamber Summons reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Advocate Pathak for applicant present.
KB
LO at 4.05 pm,
Adv. N.K.Dubey h/f adv. V.T.Dubey for plaintiff present and filed application for continuation of earlier order. TOR and marked as Exh. 2.
Advocate Mr. Giri for defendant /MCGM present.
Heard advocate for plaintiff and defendant on application Exh. 2. Considering that the ad-interim relief was granted and is not vacated by a speaking order, application is allowed. Earlier order is continued.
Advocate Pathak for applicant present.
Heard adv. Pathak for applicant.
Earlier order to continue till next date.
The case is adjourned to 29.06.2019 for Chamber Summons hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Advocate V.T.Dubey for plaintiff present
Advocate Ms.Mhatre for defendant/MCGM present and submitted reply to the NM. Taken on record.
Advocate Pathak for applicant present.
Heard. Advocate Dubey sought time to tender authorities in support of his submissions.
Earlier order to continue till next date.
The case is adjourned to 02.07.2019 for Chamber Summons hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged.
Earlier order, if any, is continued till next date.
The case is adjourned to 04.07.2019 for Chamber Summons hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 05.07.2019 for Ch.s hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri h/f adv. Mhatre for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 06.07.2019 for Chamber Summons hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant /MCGM present.
Adv. A.B.Dubey for applicant present.
F.R.S.R. following order is passed in draft chamber summons.
ORDER
1. Draft Chamber Summons is dismissed.
2. No order as to costs.
3. Draft Chamber Summons be registered for statistical purpose.
Earlier order to continue till next date.
The case is adjourned to 30.07.2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. V. T. Dubey for Plaintiff present. Adv. Ms. Mhatre for Deft./BMC present. Earlier order to continue till next date. Matter adjd to 08.08.2019 for NM hrg.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Advocate V.T.Dubey for plaintiff present and sought time. Time is granted as last opportunity.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 18.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: As Court is busy in hearing NM in suit no. 2453/15, 2057/19 and in hearing ad-interim matters in ST no. 2469/19 and ST 10053/19 and also in dictating Judgment in suit no.926/11 and NM orders in suit no.4593/12. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 18.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: By praecipe Advocate V.T.Dubey for plaintiff present. Advocate Mr. Giri for defendant /MCGM present. By consent,the case is adjourned to 18.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate V.T.Dubey for plaintiff present. Advocate Mr. Giri for defendant /MCGM present and filed list of documents. TOR and marked as Exh.5. Copy served on advocate for plaintiff. Advocate for plaintiff sought time till Tuesday. Time is granted. Earlier order to continue till next date. The case is adjourned to 22.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Advocate V.T.Dubey for plaintiff present. Advocate Mr. Giri for defendant /MCGM present. Heard advocate for plaintiff and defendant MCGM. Earlier order to continue till next date. The case is adjourned to 24.10.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: As Court is busy in hearing ad-interim matter in suit no. 2627/19 and 2780/19 also in dictating orders in suit no. 631/12, 556/18, 2675/19 and other matters on board, the case is adjourned. The case is adjourned to 01.11.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: Advocate Arun Dubey h/f adv. V.T.Dubey for plaintiff present. Advocate Ms. Mhatre for defendant/MCGM present. Order is partly dictated. As Court is busy in dictating Judgment in Suit No. 1434/12 and NM Order in Suit no. 633/12 and also other matters on the board. The case is adjourned.
Earlier order to continue till next date.The case is adjourned to 02.11.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Arun Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
F.R.S.R. following order is passed in Notice of Motion No.1982/19 -
ORDER
Notice of Motion No.1982/19 is dismissed with costs.
The case is adjourned to 11.02.2020 for framing issues.
LO at 2.45pm,
Adv. Rashid Ansari h/f adv. V.T.Dubey for plaintiff present and filed application. TOR and marked as Exh.6.
O- Other side to say.
Advocate Ms.Mhatre for defendant/MCGM present.
Say filed by advocate for defendant overleaf the application.
Perused. Heard.
Advocate for plaintiff submitted that the plaintiff intends to challenge the order passed by this Court by filing an appeal before the Hon\''ble High Court. According to him if the structure is not protected by the time the appeal is filed, and the defendant demolishes the suit premises, the plaintiff\''s right to file an appeal will be rendered infructuous.
Advocate for defendant submitted that the NM is dismissed on merits. The plaintiff is continuing unauthorised construction and therefore, the ad-interim relief shall not be extended.
Having heard the parties to suit, considering intention of plaintiff to challenge the order passed by this Court before the Hon\''ble High Court, the ad-interim injunction granted earlier can be continued for a period of few days, in order to afford an opportunity to the plaintiff to move an appeal. If the plaintiff moves an appeal and by the time if the suit premises is demolished by the defendant it will be rendering the appeal infructuous. Hence the order -
ORDER
1. Application Exh.6 is partly allowed.
2. The ad-interim protection granted by order dated 21.05.2019 is continued till 11.11.2019.
3. Costs in cause.
Authenticated copy of roznama be given to parties.
Already the case is adjourned to 11.02.2020 for framing issues.
Nature Of Disposal: DISMISSED
Disposal Date: 02-11-2019