Date: 15-06-2019
Business: (By precipe)
Adv Mr. S.K. Dubey for plaintiff present.
Adv Mrs. Mhatre for defendant / MCGM present.
Adv for plaintiff tendered draft N/M along with affidavit in support. Leave is granted to registered N/M. Returnable on next date.
Order on Ad-Interim Relief
Perused contents of N/M, plaint, documents annexed to the plaint and heard both sides. Plaintiff challenges notice dated 03.06.2019 under Section 354-A of M.M.C. Act. The plaintiff has submitted reply to the said notice on 06.06.2019. According to ld. Advocate for plaintiff, no speaking order is yet passed and therefore, interim protection be granted. Ld. Advocate for the defendant MCGM has read over the contents of the notice showing that notice under Section 354-A was issued on 22.11.2018 and suit structure was demolished on 29.01.2019 after following due process of law. Ld. Advocate for the plaintiff submits that such notice dated 22.11.2018 was not served to the plaintiff, the occupant of the suit structure and it was never demolished by defendant MCGM. From the above, it can be seen that the plaintiff has submitted his reply to the notice dated 03.06.2019. Defendant MCGM has not produced any document to show that suit structure was earlier demolished on 29.01.2019 after following due process of law. Hence, without going into merits of the case, ad-interim relief in terms of prayer clause (a) is granted till 17.06.2019. If the defendant MCGM produces the documents of demolition on 29.01.2019 on the said date, the matter will be heard again for extension of ad-interim relief granted today.
Authenticated copy be given to the both parties.
Adjd. to 17.06.2019 for Ad-interim / N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: As Court is busy in hearing urgent ad-interim matters. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 13.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: NOB TOB
Adv. S.K.Dubey for plaintiff present and filed original Notice of Motion No. 2121/19 along with affidavit in support of Notice of Motion. T.O.R.
Adv. Ms. Mhatre for MCGM present. And filed affidavit along with documents. TOR and marked as Exh. 2.
Copy served on plaintiff.
The case is adjourned to 19.06.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Advocate Mukesh Dubey for plaintiff present and sought time on the ground that brief is not available.
Advocate Mr.Giri for defendant/MCGM present and objected to adjournment and continuation of Earlier order.
Considering that it is 5.45pm. Time is granted till tomorrow. The matter will be heard at 2.45pm. Parties to take note and act accordingly.
Earlier order to continue till next date.
The case is adjourned to 20.06.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Advocate S.K.Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant /MCGM present.
Heard advocate for plaintiff and defendant.
The case is adjourned to 21.06.2019 for orders.
Next Purpose: HEARING
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Advocate S.K.Dubey for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 24.06.2019 for ad-interim order.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Advocate S.K.Dubey for plaintiff present
Advocate Mr. Giri for defendant /MCGM present.
If defendant files reply NM itself can be disposed off. Adv. Giri undertakes to filed reply on or before next date.
Earlier order to continue till next date.
The case is adjourned to 28.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and submitted that he will serve the reply on plaintiff in advance.
The case is adjourned to 05.07.2019 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: As Court is busy in hearing NM in suit no. 660/19,suit no. 1406/17 and Chamber Summons in Suit no. 1650/18. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 04.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present and sought short date.
Earlier order to continue till next date.
The case is adjourned to 27.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: As Court is busy in hearing ad-interim matter in suit no. 2474/19 and in hearing NM in suit no. 1118/19 and in hearing Chamber Summons in suit no. 820/10 and 2920/16 and in dictating orders in Chamber Summons and also in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 25.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Mr. Dubey for Plaintiff present.
Adv. Mr. Giri for deft/MCGM present, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd.for NM reply on 17.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mhatre for deft./MCGM, prayed for adjournment to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM Reply to 18.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Mr. S.K. Dubey for plff present.
Adv. Mrs. Tondwalkar for deft./MCGM, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd for NM reply on 16.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM payed for time to file reply.
Matter is adjd.to 30-03-2021 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Dubey for plaintiff present.
Adv. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 22.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: CORAM H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Adv Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 21.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Mr. S.K. Dubey for plaintiff is present.
Adv. Ms. Mhatre for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 27/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 24.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 07.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Ms. J.V. Mhatre 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.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS order to 23.08.2022.
Next Purpose: ORDER
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present. She orally requested for time to file NM reply and WS. The matter is pending for no reply no WS Order. Hence, the request is discarded.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 03.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None present for the plaintiff.
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 proceeded without NM reply and WS of the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 23.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Matter pertains to C. R. No. 11
Adv. Mukesh Dubey present for the plaintiff.
None present for defendant/MCGM.
Earlier order to continue till next date.
Adjourned for NM Hearing to 04.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The Court is busy in other urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 29.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 14.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that till date, the defendant did not pass any Speaking Order.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Heard both the sides in NM No. 2121/19.
Earlier order, if any, to continue till next date.
Adjourned for NM order to 28.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O.Giri for defendant/MCGM is present.
The record shows that in view of the order dtd. 15.06.2019, the defendant filed affidavit in support of list of documents, to establish the aspect of demolition. Hence, both the parties are called upon to argue on the point of demolition, if any.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 25.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested time to verify aspect of demolition, in view of the roznama
dtd. 15.06.2019. Time is granted lastly.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for filling status report/NM hearing to 13.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed that as the plaintiff is not in contact to comply with the Order
dtd. 15.06.2019 and to answer the documents of demolition filed by the defendant, the NM may be disposed of. Hence, pending NM
No. 2121/19 stands dismissed in default.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (without WS) to 02.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Giri for defendant/MCGM is present.
Adjourned for dismissal (No WS) to 16.03.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: None present for the plaintiff. The matter is kept back.
Adv. Mr. Khandagale for defendant/MCGM is present.
Later on 12.51 p.m.
The appearance is as above.
Order below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. As he was absent to comply with the Order dtd. 15.06.2019, even his NM came to be dismissed in default. Even today, he was absent and hence, the suit was kept back for his appearance, but in vain. Nor, any stay order is communicated on record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 16-03-2024