Date: 06-08-2019
Business: Adv.Mr.Mohit Jadhav for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Exh.1 - Plaint
Exh.2 - Vakalatnama. O-Seen and filed.
Exh.3 - Address Memo. O-R and R.
Exh.4 - List of documents. O-Seen and filed.
Exh.5 - Affidavit in support of plaint.
Writ of summons filed by Plaintiff.
Matter adjd to 17.09.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Plaintiff absent and Adv. Ms. Megha present.
Adv. Mrs. Rawade for defendant/MCGM present.
Matter adjd to 05/10/2019 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri for defendant/MCGM present.
Matter adjd to 21/11/2019 for Written Stat.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Plaintiff and Adv. Ms. Kajal Chaurasia present.
Adv. Mrs. Rawade for defendant/MCGM present.
Matter adjd to 02/01/2020 for R/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: As court is on leave.
Matter adjd to 13/02/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Ms. Chaurasia for plaintiff present and seeks time. Order- Granted time.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 09/04/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 01.06.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv Mohit Jadhav present for plaintiff.
Adv Suryawanshi (h/f Adv Rawade) present for MCGM/Defendant.
Adv of plaintiff submitted writ of summons showing that it is served on 21.06.2019. WS is not filed yet.
Hence as a last chance Matter adjourned for WS to 02.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv Vidya Sawla present for plaintiff.
Adv Rawade present for MCGM/defendant.
Defendant failed to submit WS within the stipulated period under order 8 rule 1 of the CPC hence proceed without WS.
Matter adjourned for Evidence without WS to 25.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv Chaurasiya present for plaintiff.
None present for MCGM/defendant.
KB for filing evidence of plaintiff. LO at 12.35 pm.
Adv Rawade present for MCGM/defendant.
Adv of plaintiff filed affidavit of evidence of PW-1 Rajendra Koli at Exh.6 and list of documents at Exh.7. Copy served upon other side.
Matter adjourned for admission and denial to 06.04.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Board is discharged due to covid-19 pandamic.
Matter adjourned for Adm,ission Denial. to. 22/04/2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: due to covid-19 pandemic matter is adjd. to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Gayatri Kumar h/f Megha Shivgan for plaintiff and sought adjournement.
Adv. Sutar present for MCGM/defendant.
Matter adjourned for Admission Denial to. 05/10/21.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Mohit Jadhav present for plaintiff.
Adv. Bibhishan Sutar present for MCGM/defendant.
As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to. 11/11/21.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: adv. jadhav present for plaintiff.
Adv. Vyavahare @ adv. Sutar present for MCGM/defendant.
Heard arguments Ld. Adv. for plaintiff and Ld. adv. for defendant on admissibility of documents Exh. 07.
adv. for plaintiff also tendered application for issuing of summons to the witness for production of documents t.o.r. marked as exh. 08.
copy served to other side.
Matter adjourned for reply to exh. 08. to. 04/12/21.
Next Purpose: REPLY
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: adv. Kumar present for plaintiff.
Adv. vidya present for MCGM/defendant and sought adjournment for filling reply to Exh. 08.
Matter adjourned for filling reply of defendant to. 16/12/21.
Next Purpose: REPLY
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Megha present for plaintiff.
Adv. Vyavhare@ Adv. Sutar for MCGM/Defendant.
Matter adjourned for reply on 15-01-2022.
Next Purpose: REPLY
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv Megha for plff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present and filed say on Exh.8. TOR.
Matter is adjd for argument on Exh.8 on 28-06-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Megha for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Heard adv for Plaintiff and defendant at length.
Order below application Exhibit 8
The Plaintiff is has moved this application for issuance of witness summons for production of original copy of documents noted in the application. The deft has prayed for passing necessary order. The production of original documents which is said to be in the custody of defendants Administrative Officer B Ward is necessary for just decision of the matter. Hence, the witness summons needs to be issue for production of documents. Hence, application is allowed for issuance of witness summons for production of documents as stated in the application as per rules.
Matter is adjd for service on 04-08-2022
Next Purpose: SERVICE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv.Jadhav for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Adv for Plaintiff filed application for issuance of witness summons to produce documents. TOR. Exh.9.
He also tendered filed application for issue witness summons. TOR. Exh.10.
Matter is adjd for service on 20-09-2022
Next Purpose: SERVICE
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Court is busy in Recording Evidence in High Court Time Bound Matter i.e. L.C Suit No. 825 of 2014 and Recording Evidence in L.C Suit No. 1018 of 2009 and L.C Suit No. 1019 of 2009. Hence want of time board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: REPLY
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: As Court is busy in urgent hearing in High Court Time Bound Matters i.e. Suit No. 668 of 2012 and Suit No. 755 of 2012 and also hearing Stamp No. 14083 of 2022, Stamp No. 14084 of 2022, Suit No. 2261 of 2022 and Suit No. 687 of 2022. Hence want of time board is discharged.
Matter is adjd for reply on 02-03-2023
Next Purpose: REPLY
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: As P.O. is on leave. Hence, matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Adv. Chourasiya for Plaintiff present.
Plaintiff present.
Adv. Ms. Ravde for MCGM present.
Ld. Adv. for defendant/MCGM has filed say on list of Exh. 10.
Matter is adjd to 10.08.2023 for hearing on Exh. 10.
Next Purpose: HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Megha Shigavan for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Order on Exh. 10
Considering the submissions of both sides, the defendant has no objection for exhibiting the copy of opinion dtd. 10.01.2017 of which original is sought to be produced by the plaintiff by issuing witness summons. Hence, in view of no objection on the part of defendant, the copy which is filed along with Exh.. 10 can be exhibited to curtail the further proceeding by calling the concern witness.
Accordingly, application Exh. 10 stands disposed off by marking the copy of opinion as Exh. 11.
It appears that the application Exh. 8 for issuing witness summons is already allowed by an order dtd. 28.06.2022 and the plaintiff has also deposited allowances of the witness. Hence, issue fresh witness summons to the witness as per Exh. 8.
Matter is adjd to 10.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. Chourasiya h/f Adv. Megha Shigvan for Plaintiff present.
Adv. Vidya Vyavahare for defendant/MCGM present.
PW No. 2 Parashram Pomana Naik, Estate officer, B ward present.
Exh. 12 - Cross-examination of PW No. 2 is commenced and completed.
Exh. 13 - Copy of affidavit dtd. 22.04.2013 at Sr. no. 3 below the list Exh. 7.
Exh. 14 - Copy of letter dtd. 07.02.2017 at Sr. No. 14 below the list Exh. 7
Matter is adjd to 05.12.2023 for hearing on admissibility of remaining documents/evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Chaurasiya h/f Adv. Megha Shigwan for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 06.02.2024 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Adv. Chourasiya h/f Adv. Megha Shigvan for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Considering the submissions of both sides following documents below the List Exh. 7 are exhibited as under -
Exh. 15 - Office copy of application dtd. 22.04.1995 by the plaintiff to the defendants
Exh. 16 - Office copy of application dtd. 25.11.1999 by the plaintiff to the defendants
Exh. 17 - Letter dtd. 19.07.2014 issued by the defendants to the plaintiff
Exh. 18 - Letter dtd. 19.12.2014 issued by the defendant to the law officer.
Exh. 19 - Opinion of law officer dtd. 13.04.2015
Exh. 20 - Letter dtd. 08.07.2015 issued by the defendants to the Competent Authority.
Exh. 21 - Letter dtd. 14.09.2015, issued by the defendants to the law officer.
Exh. 22 - Opinion of the legal department of the defendants dtd. 20.04.2016.
Exh. 23 - office copy of letter dtd. 25.04.2016 by the plaintiff to the defendants.
Exh. 24 - Opinion of the legal department of the defendants dtd. 03.08.2016
Exh. 25 - Letter dtd. 26.08.2016 by the defendants to Motabai
Exh. 26 - Letter dtd. 17.01.2017 by the defendants to the plaintiff.
Exh. 27 - letter dtd. 07.02.2017 by the defendants to the plaintiff.
Matter is adjd to 14.03.2024 for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Adv. Kajal Chourasiya for Plaintiff present.
PW No.1 present.
Adv. Vyavahare for defendant/BMC present.
The court is busy in recording evidence in suit No. 1031/15 and dictating orders on ad-interim relief in suit No. 850/24. Hence, adjourned.
Matter is adjd to 02.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv. Kajal Chourasiya for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 20.06.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Adv. Kajal Chourasiya for Plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
PW No.1 Rajendra Mingel Koli present.
Cross examination of PW No. 1 Rajendra Mingel Koli is commenced and completed.
Matter is adjd to 09.07.2024 for further evidence of plaintiff.(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Plaintiff present. His advocate is absent.
Adv. Om Suryawanshi for Defendant/MCGM present.
On oral request of plaintiff matter is adjourned.
Matter is adjd to 03.08.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Adv. Chourasiya for Plaintiff present.
Adv. Dalvi for Defendant/MCGM.
Matter is adjd to 05-09-2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Adv Chaurasiya for Plaintiff present.
Adv Dalvi for Def/ MCGM present.
Ld Adv for plaintiff has filed evidence closing pursis. Tor marked as Exh. 28.
Matter is adjd to 05/10/2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: Plaintiff present. His advocate is absent.
Adv. G. V. Jawale for MCGM present.
It appears from the roznama dtd. 02.02.2021, that the suit has been proceeded without w.s. against the defendant/MCGM. Hence, matter be kept for final argument.
Matter is adjd to 15.10.2024 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: Adv. Kajal Chourasia for plaintiff present.
Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 12.11.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: Adv. Mohit Jadhav for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 12.12.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Adv. Kajal Chourasia a/w Adv. Mohit Jadhav for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 14.01.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2025
Date: 14-01-2025
Business: Adv. Kajal Chourasia along with Plaintiff present and seeking adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 13.02.2025 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2025
Date: 13-02-2025
Business: Adv. Mohit Jadhav for Plaintif present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Heard arguments of both sides.
Matter is adjd to 05.03.2025 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: JUDGMENT
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: Adv. Mohit Jadahv along with plaintiff present.
Adv. A. K. Nandanwar for MCGM/Defendant present.
FRSR the following order is passed -
O R D E R
1. Suit is dismissed.
2. Plaintiff to bear his costs of the suit.
3. Decree be drawn up accordingly
4. Dictated and pronounced in the open court.
Nature Of Disposal: DISMISSED
Disposal Date: 12-03-2025