Date: 14-06-2019
Business: By praecipe
Advocate V.T.Dubey for plaintiff present filed Draft notice of motion along with affidavit in support. T.O.R.
He also filed photograph of the structure it is TOR it is marked as Exh. X for identification.
Advocate Mr.Giri for defendant /MCGM present.
Perused. Heard.
Perusal of proceedings reveal that plaintiff has replied the notice issued by defendant Corporation. There is nothing to reveal that an order is passed deciding plaintiff\''s reply. Advocate for defendant submitted that he has instructions that no order is passed. Hence, 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 NM.
3. Defendant to file reply to NM.
4. Plaintiff to maintain status quo in respect of the structure seen in photograph Exh. X.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 22.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13 and in dictating order in Suit no. 282/16 and also in ad-interim hearing and dictating order in suit no.2284/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 04.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Advocate V.T.Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate for plaintiff also filed draft chamber summons along with affidavit in support. T.O.R.
Advocate Giri for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 07.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mr. V.T. Dubey for Plaintiff, tendered registered ch/s no. 2218/19 and NM no.4659/19.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for Ch/s and NM reply on 27.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 16.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to Covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Mr. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 28.04.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. Mr. N. K. Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present and requested for short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 29.09.2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021
Date: 29-09-2021
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. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 08.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Rasid Ansari 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 15.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM and C/S reply.
Adjourned for NM and C/S reply to 23/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on Ch/s No. 2218/19.
Heard both the sides on Ch/s.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for Ch/s Order/NM reply 04.03.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: PO is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO 4.48 pm.
F.R.S.R. following order is passed on Ch/s No. 2218/19:
ORDER
(i). Chamber Summons No. 2218/2019 is made absolute in terms of prayer Clause (a).
(ii). The plaintiff is directed to carry out the proposed amendment in the body of the plaint, positively within two weeks from the passing of this Order.
(iii). Costs to follow the event.
(iv). Chamber Summons No. 2218/2019 is disposed off accordingly.
Adjourned for compliance to 04.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present and filed copy of amended plaint. The plaintiff is called upon to serve this copy to the other side till the next date.
None present for defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 03.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Ms. Vijayarani Prasad present for plaintiff.
Adv. Mr. 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 01.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. N.K. Dubey for the plaintiff is present and orally requested for time to verify and file original registered NM No. 2692/2019.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 21.12.2022.
Next Purpose: ORDER
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present and tendered registered NM No. 2692/19 with affidavit.
Adv. Mr. Khandagale for Defendant Nos. 1 and 2/MCGM is present and orally requested for time to file NM reply/WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 17.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM (no reply) to 10.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Matter pertains to C. R. No. 11
Adv. N. K. Dubey present for the plaintiff.
Adv. Mr. Giri for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM for Hearing to 14.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Adv. Ms. Prasad for the plaintiff is present and and orally requested for time to file wirtten submission on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for written submissions on NM to 05.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Adv. Mrs. Vijayarani Prasad for the plaintiff is present and filed written submissions on NM. O-Filed. Copy is supplied to other side.
Adv. Mr. Khandagale h/f Mr. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 04.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present. He is heard on pending NMs. Earlier order, if any, to continue till next date.
Adjourned for NM Order to 21.10.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. The Court is busy in other urgent matter.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 03.11.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The following Order is passed on NM No. 4659/2019 after hearing both the parties:
-: O R D E R :-
01. Having considered the rival submissions, it is notable that by assailing the notice dtd. 08.05.2019 and the Order dtd. 31.07.2019, the plaintiff mainly contended that he acquired the suit premises by virtue of the Sale Deed dtd. 11.10.2018, which is filed at Exhibit B of the plaint compilation. The suit premises existed since long and assessed to the taxes. However, as it was old one, he merely carried some minor repairs to it. To fortify this position, he filed the said agreement, which confirms existence of the suit premises, and the assessment bill, at page 45 of the plaint compilation, which bears the first date of assessment of the structure as 01.04.2001. Thus, it is clarified that the suit premises existed since long. Contrary, even directions in the interim Order dtd. 14.06.2019, the defendant did not contest this suit and NM. Hence, there is nothing on record to discard the plaintiff’s claim. In the circumstances, ad-interim relief granted in favour of the plaintiff needs to be continued as per the following Order :
(i). Notice of Motion No. 4659/2019 is made absolute in terms of prayer clause (a), till disposal of the suit. Consequently, even NM No. 2692/2019 stands filed.
(ii). Notice of Motion Nos. 4659/2019 and 2692/2019 are, accordingly, disposed of.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat/R.E.(No WS)/LN/ to 09.12.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: Adv for plaintiff present.
Advocate Giri for defendant/BMC present.
Shri. Rahul Chaugule J/E. ( B& F) L Ward for BMC present.
Settlement are not arrived at.
Matter posted before regular Court.
Matter is adjd for 22.02.2023
Next Purpose: NM ORDERS
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Adv. Mrs. Prasad for the plaintiff is present and sought time to proceed with the matter. Time is granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for RE (No WS) to 01.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present and filed evidence on affidavit. Taken on record. It is marked as Exhibit 2. O- R&R. Copy is supplied to the other side. He sought time for filing documents. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
PW-1 Mr. Narayanrao Balwantrao Patil @ Nana Patil is resumed on SA and his cross-examination is deferred till the next date.
Adjourned for filing documents on affidavit/RE to 26.06.2024.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present and sought time to file documents. Time is granted.
Adv. Mr. Arvind Rathod for defendant/ MCGM is present.
Adjourned for filing documents/RE to 29.07.2024.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Adv. Mrs. Prasad for the plaintiff is present and sought time to file documents on affidavit. Time is granted.
Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present.
Adjourned for filing documents on affidavit/RE to 13.09.2024.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Adv. Mr. V. T. Dubey present for the plaintiff. On his say, the matter is kept back. Adv. Mr. V.G. Shinde for defendant/ MCGM is present.
Latter on at 12.35 p.m.
Adv. Mr. N.K. Dubey h/f Adv. Mr. V. T. Dubey for plaintiff is present and rest appearance is as above. He filed list of documents. Taken on record. It is marked as Exhibit 3. O- Filed. Copy is supplied to the other side.
Adjourned for admission and denial/RE (No WS)to 21-10-2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and endorsed say on list of documents Exhibit 3.
Adjourned for consideration/RE (No WS) to 28.11.2024.
Next Purpose: CONSIDERATION
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: The plaintiff is present in person. Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present. Heard both the sides on exhibition of documents. Order below Exhibit 3 Documents at Sr. Nos. 2 and 3 are filed in original or are the copies issued by the concerned authority, whereas the defendant admitted document at Sr. Nos. 4,5 and 6. Hence, keeping open all the defenses, the same are exhibited as follows
Sale deed dtd. 11.10.2018. It is marked at Exhibit 4 (colly). Electricity Bill. It is marked at Exhibit 5. Notice dtd. 08.05.2019. It is marked at Exhibit 6. Reply dtd. 10.06.2019. It is marked at Exhibit 7. Speaking Order dtd. 31.07.2019. It is marked at Exhibit 8. Adjourned for RE (PH) to 04.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: The plaintiff is present in person. Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/MCGM is present.
PW-1 Mr. Narayanrao Balwantrao Patil @ Nana Patil is resumed on SA and his cross-examination is completed by advocate for defendant/MCGM.
Photocopy of the Assessment Bill (page No.45 of plaint) is marked Exhibit 9.
Evidence close pursis by plaintiff Exhibit 10.
Suit is proceeded without WS against defendant/BMC and plaintiff has closed evidence. Hence the matter is adjourned for final argument.
Adjourned for argument to 22.01.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Adv. Mr. Fawaz h/f Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present.
Later on 11.45 a.m.
Adv. Mr. V.T. Dubey for the plaintiff is present. Rest appearance is as above. Heard both the sides on merits.
Adjourned for Judgment to 27.01.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: None present for the plaintiff.
Adv. Mr. Botlawar for defendant/BMC is present.
The Judgment is dictated and pronounced in Open Court. It is marked at Exhibit 11. The Operative order is passed as follows
1.The suit is decreed in following terms with cost.
a. It is hereby declared that the notice dtd. 08.05.2019, issued u/s. 354 A of the MMC Act and demolition Order dtd. 3.1.07.2019 are hereby declared illegal and bad in law.
b. The defendant/BMC is hereby permanently restrained from demolishing the notice structure, in pursuance of the above referred notice and Order.
3. Decree be drawn-up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 27-01-2025