Date: 27-04-2018
Business: Adv.Mr.Asit Singh for Plff.present.
Adv.for Plff.tendered original registered N/m No.1764/18 t.o.r.
Adv.Mr.Giri for BMC/Deft.present.
Adjd.for directions on 04.06.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-06-2018
Date: 04-06-2018
Business: Adv. Mr. Asit for plaintiff present.
Adv. Mr. Giri for BMC present.
Adjd to 6.6.2018 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv. Mr. Asit Singh for plaintiff present.
Adv. Mr. Giri for BMC present.
Adjd to 13.6.2018 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2018
Date: 13-06-2018
Business: Adv. Mr. Asit Singh for plaintiff present.
Adv. Mr. Giri for BMC present.
Officer of BMC Mr. Kiran Patil, administrative officer present.
Adjd to 27.6.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Adv. Mr. Kapil Shetty for Plaintiff present
Adv. Mr. Giri for defendant / BMC present.
Mr. Kiran Patil, Administrative Officer, MCGM present.
Matter is referred for National Lok Adalat which will be held on 14.07.2018.
Adv. for plff. undertakes to keep the plff. present on 14.07.2018 at 10.30 a.m. before National Lok Adalat.
Adjd. to 14.07.2018 for National Lok Adalat.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2018
Date: 14-07-2018
Business: Adv Asit Singh for plff present.
Adv Giri for deft / MCGM present.
matter is not settled.
Matter put up before regular court.
Matter Adj to 08/08/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2018
Date: 08-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Matter adjd. to 26.9.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: Matter adjd. to 29.10.18 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Adv Asit Singh for plff present.
Adv Bhoir for BMC/deft present.
On oral request of adv for deft. Adjournment granted as a last chance.
Adjd to 20/12/2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Court busy in recording evidence in Suit No.1949/2008 and urgent matter. Hence, matter is adjourned.
Adjd to 28/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Ld adv for deft orally requests for adjournment to file reply. Roznama shows that on 26/09/2018 and 29/10/2018 last chance was granted to the deft. Despite that the defendant corporation has not filed reply till today. Hence, Notice of motion No.1764/18 is kept for hearing without reply.
Adjd to 25/02/2019 for hearing (without reply).
Next Purpose: HEARING
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
K.B..
Later on..
Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Mr.Ravi L. Gupta, Junior Engineer (maintenance), G-South ward, MCGM present.
Application for taking reply on record filed by adv for deft/BMC.
Order - For deciding the dispute on merits, application granted.
Reply to notice of motion filed by adv for deft/BMC.
Order on ad-interim relief -
Perused application, documents annexed with the plaint and heard both parties. The plaintiff has prayed for injunction restraining the defendant corporation from disturbing possession of plaintiff over the suit premises without following due process of law. Ld adv for plff. has cited judgments wherein it is lead down that person in settled possession cannot be dispossess even by owner without due process of law. In this matter, the defendant corporation has alleged that the plaintiff has prepared bogus notices and in support of said allegations relevant extracts are filed showing that on the given dates there were no entries of issuance of notices. Therefore, it is clear that the plaintiff is not coming before the court with clean hands. It is true that even an encroacher is protected from any coercive action without following due process of law but when the plaintiff is not coming before the court with clean hands and it is prima facie shown that he has created bogus documents, then no ad interim relief can be granted. Hence, ad-interim relief is rejected.
Adjd to 25/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv for plff filed rejoinder in NM No.1764/18. It is TOR.
Copy served to other side.
K.B..
Later on..
Adv Asit Singh for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Heard arguments of both side.
Adjd to 5/03/2019 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: F.R.S.R. the following order is passed -
Order
N/M No.1764/18 is dismissed with costs.
Nature Of Disposal: DISMISSED
Disposal Date: 05-03-2019
