Dr. Paradeshi B. PatilVsMCGM +3 more

Date: 04-05-2018
Business: Mentioned by pracipee. NOB. TOB.
Adv. Ashutosh Shukla for plaintiff tenders draft NM with affidavit seeking ad-interim relief to the effect that the remaining portion of the suit premises should not be demolished.  He has further sought for restoration of suit premises to original state.  According to him in or about 1994 the suit premises were transferred in his name.  The suit premises were in existence since 1940.  the defendant was accepting rent.  However, on 12.04.2018 without issuing any notice the defendant partly demolished the suit premises.
  The Ld. Adv. for defendant Ms. Patil submits that the entire structure is demolished by the defendant  by following due process of law.  She has filed copy of notice dtd. 29.12.2016 issued U/s 351 of MMC Act and order dtd. 11.08.2017 and the demolition report dtd. 12.04.2018 along with photographs.  In reply the Ld. Adv. For plaintiff submits that the notice has been issued at the wrong address and at a different place.  However, it appears prima facie from the order dtd. 11.08.2017 that the plaintiff replied the aforesaid notice on 03.01.2017 along with copies of near about 25 documents and the same were turned down by the designated officer for the reasons recorded in the order.  The plaintiff has sought declaration that the action of demolition on the part of the defendant  is illegal and bad in law with a consequential relief of mandatory injunction for restoration of the notice structure.  In the notice of motion similar prayers are made.  The plaintiff has not explained as to why it approach before this court at such a belated stage to seek ad-interim reliefs when the structure it self was demolished on 12.01.2018.  In the circumstance the following order is passed
Ad -interim relief is rejected.

An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to respective parties.
Adjd for reply and arguments to 26.06.2018.
Next Purpose: REPLY
Next Hearing Date: 26-06-2018

Date: 26-06-2018
Business: Resumed.
Adv. Manoj Tiwari for plaintiff is present.
Leave to register NM is granted.
The P.O. is busy in hearing of NM No. 1580 of 2017 in Suit No. 1012 of 2014 and judgment of Sessions Case No. 364 of 2016.  For want of time the board is discharged.
Adjd for NM reply to 09.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Resumed.
The P.O. is busy in dictating judgment in Sessions Case No. 421/2016.
Adjd for NM reply to 01.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 231/2018 and 329/2018.  For want of time the board is discharge.
Adjd for NM reply to 15.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2018

Date: 15-09-2018
Business: Adv. Pathak for plaintiff present.
Earlier order if any to continue till the next date.
Adjd for NM reply rejoinder to 06.10.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2018

Date: 06-10-2018
Business: Resumed.
The P.O. is busy in hearing of NM in Suit No. 1147/2009 and sister suits and order in Sessions Case No. 307/2018.
Adjd for NM reply to 25.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Resumed.
The P.O. is busy in dictating orders in NM in suit Nos. 2179/2017 and other sister suit.  For want of time the board is discharged.
Adjd for NM reply to 29.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2018

Date: 29-11-2018
Business: Resumed.
The P.O. is busy in hearing ad-interim in Suit no. 3081/2018 and Ch/s arguments in Suit no.. 427/2018 and dictating judgment in Suit no. 2187/2006 and 3169/2006.  For want of time the board is discharged.
Adjd for NM reply to 03.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2019

Date: 03-01-2019
Business: Resumed.
Adv. P. K. Tiwari h/f Adv. Ashutosh Shukla for plaintiff is present.
Adv. Ravade h/f Adv. Dhumale for MCGM seeks time to file reply.  Granted as last chance.
Adjd for NM reply to 12.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Resumed.
PO is busy in dictating order on NM in suit no. 5213/12 and ad-interim relief in suit no. 327/19.
Adjd for NM reply to 11-04-2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv.Ashutosh Shukla for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Matter adjd to 20.04.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Adv. Asuthosh Shukla for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Adv. of MCGM seeks time to file reply. Time granted as a last chance.
Matter adjd to 30.04.19 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Adv.Ashutosh Shukla for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Adv.of defendant filed reply on NM t.o.r.
Matter adjd to 11.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv.Mr.Ashutosh Shukla for plaintiff present.
Adv.Mrs.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.
Exh.6 - List of documents filed by advocate of defendant/MCGM t.o.r.
Matter adjd to 09.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: PO is  on training program at Uttan, hence, board discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv.Ashutosh Shukla for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
Matter adjd to 22.08.2019 for NM Argument.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv.Ashutosh Shukla for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Ld.Adv.of Plaintiff seeks time. Time granted.
Matter adjd to 31.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: COURT IS ON LEAVE
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Plaintiff absent and Adv. Mr. Shukla present and filed rejoinder to notice of motion t.o.r.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Matter adjd to 03/10/2019 for hrg.on n.m
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Plaintiff and Adv.  present.
Adv. Mrs. Dhuri/Rawade for defendant/MCGM present.
Heard arguments.
Matter adjd to 15/10/2019 for order on n.m .
Next Purpose: NM  ORDERS
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Meena Dhuri for defendant/MCGM present.
As Court is busy in recording evidence, hearing arguments, passing orders and other misc. work hence,
Matter adjd to 17/10/2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: As Court is busy in other matters Hence, matter is adjd to 22.11.2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 07/01/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Plaintiff and his Adv. for plaintiff absent.
Adv.  Mrs. Rawade for defendant MCGM present.
N/M reply is treated as W/st marked as Exh.07.
Mater is adjd to 01.02.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Mr. P. K.  Tiwari for plaintiff present and seeks time. Order- Granted time.
Adv. Mrs. Rawade for the defendant  MCGM  present
Matter is adjd to 05/03/2020 for framing issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: As Court is busy in hearing argument in Suit No. 1826/2014 board is discharged.
Matter is adjd to  30/04/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-05-2020

Date: 21-05-2020
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: FRAMING ISSUES
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: COVID-19
Adv Chandra More for MCGM/defendant present.
Issues framed at Exh.08
Matter adjourned for RE to 03.08.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: None present for Plaintiff.
None present for defendant.
Matter adjourned for RE to 03.10.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv Ashutosh Khura present for plaintiff.
None present for defendant.
Matter adjourned for RE to 04.02.2021.
LO at 11.45 am.
Adv Rawade present for MCGM/defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Tiwari present for plaintiff.
Adv Ravde present for MCGM/defendant.
PW absent.
Matter adjourned 11/03/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv Pathak (hf) present for plaintiff and sought adjournment.
None present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 11.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2021

Date: 26-07-2021
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: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: As presiding officer is on leave, hence board is discharged and matter  is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv. Shaikh present for plaintiff and tendered affidavit of evidence of Dr. Pardeshi B. Patil, t.o.r. marked as Exh. 09. and he also tendered compilation of document @ list. t.o.r. marked as Exh. 10.
Adv. Kumuda Soraan @ Adv. Amol Diwate  present  for MCGM/defendant.
Matter adjourned for RE to. 20/12/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: As presiding Officer is on leave, Hence matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
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.
Matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for say on admission and denial on 06-09-2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv Shukla for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present and filed say on document filed by Plaintiff. TOR.
Matter is adjd for admission and denial of documents on 15-12-2022
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv Tiwari for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Plaintiff is directed  to appear and proceed further on next date without fail.
Matter is adjd for admission and denial on 07-02-2023
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. St. No. 510/2022 and dictating in order in L.C. Suit No. 2498/17. Hence want of time board is discharged.
Matter adjourned for Admission Denial on 11-04-2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv Ashutosh Shukla for Plaintiff present.
Adv Seena Rawade for defendant /MCGM  present.
Matter is adjd for hearing on admission and denial on 04-07-2023
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 02.09.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd to 31.10.2023 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv. Ashutosh Shukla for Plaintiff present.
PW No.1 present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to  04.01.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Adv. Inayat Shaikh h/f Adv. Ashutosh Shukla for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 05.03.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Inayat Shaikh h/f Adv. Ashutosh Shukla for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 11.06.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: Adv. Shukla for Plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
Matter is adjd  to 23.07.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 10.09.2024 for hearing on admissibility of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Adv. Inayat Shaikh h/f Adv. Ashutosh Shukla for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 17.10.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: Adv. Ashutosh Shukla 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 05.12.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 28.01.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Heard arguments of both sides on admissibility of documents.
Matter is adjd  to 06.03.2025 for order on admission denial.
Next Purpose: ORDER
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: Adv. Pradosh Tiwari for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Court was on leave of 3 days from 03.03.2025 to 05.03.2025 so not prepared the matter. Hence, adjourned.
Matter is adjd  to  25.04.2025 for order on admission denial.
Next Purpose: ORDER
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 25.06.2025 for order on admission denial.
Next Purpose: ORDER
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM/Defendant present.
Matter is adjd to 11.08.2025 for hearing on admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: Adv. Ashutosh Shukla for Plaintiff present.
PW No.1 absent.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd  to 17.09.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd  to 25.11.2025 for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: Adv. Asutosh Shukla for Plaintiff present and requested for short adjournment. It is granted.
PW No.1 absent.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd  to 08.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to  05.03.2026 for evidence.
Later on at 11.35 a.m. Adv. Ritesh Singh h/f Adv. Ashutosh Shukla for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: Adv. Ashutosh Shukla for Plaintiff present.
Adv. V. G. Shinde for Defendant/MCGM present.
Order below Exh. 10
   There are total 12 documents upon which plaintiff has placed his reliance. Defendant/MCGM has admitted the document at Sr. No. 4, 7 and 9 (Page No. 13, 17 to 18 and 23 to 35), so there is no any legal hurdle in marking these admitted documents.
   Rest of the documents are concerned document at Sr. No. 1 is the letter head in the name of plaintiff along with his Registration Number and address of clinic as well as his residence. Document at Sr No. 3, 4, 5 it is the copies of application made by the plaintiff to the defendant/MCGM office and it is received by the concern department. Document at Sr. No. 10 is the office copy of letter of plaintiff to the office of DILR and at Sr. No. 11 certified copy of extract with site map issued by the same office. Document at Sr. No. 2, 6, 8 to 10 are the xerox copies. Therefore, taking into consideration above said position except documents at Sr. No.2, 6, 8 to 10 other which are admissible in evidence deserves to be marked as an exhibit number, so accordingly, it is marked as Exh.11 to Exh. 19 respectively and photographs at Sr. no. 10 are marked as an Article/A collectively.
Matter is adjd to 11.06.2026 for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: Adv. Inayat Shaikh for Plaintiff present and requested for short adjournment. It is granted.
PW No.1 absent.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 23.07.2026 for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: Adv. Enait Shaikh h/f Adv. Asutosh Shukla for Plaintiff present and requested for short adjournment. It is granted.
PW No.1 absent.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 22.09.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2026

Filing Number: 106276/2018
Filing Date: 26-04-2018
First Hearing Date: 04th May 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE