Date: 19-06-2019
Business: By precipe
Advocate for plaintiff present and filed draft NM. Leave granted to register NM.
Advocate Ms. Vyavahare for deft./MMC present.
Adjourned for NM hearing to 21.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Advocate for plaintiff is present and filed registered NM No. 2239/19.
Advocate Ms. Vyavahare for deft./MMC present.
Adjourned for NM hearing to 27.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Advocate for plaintiff present.
Advocate Ms. Vyavahare for deft./BMC present.
Holding advocate for caveator is present.
Adjourned for NM hearing to 04.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Advocate for plaintiff present.
Advocate Ms. Vyavahare for defendant/BMC present.
Advocate Ms. Indira Labde for cavetor and filed list of documents.
Heard arguments of advocate for cavetor.
Adjourned for further NM hearing to 11.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Holding advocate for plaintiff is present and requested that the advocate on record have difficulty so short adjournment may be granted. Request is allowed.
Advocate Ms. Vyavahre for defendant/BMC present.
Advocate for caveator is present.
Adjourned for further hearing on NM to 18.07.2019 at 01.00 pm.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Advocate for plaintiff present.
Advocate Mrs.Dhuri for deft./MMC present.
It is directed to the defendants to file their written detail reply to the notice of motion.
Adjourned for NM Reply to 30.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Advocate for plaintiff is present.
Advocate Ms. Vyavahare for defendant/BMC present and filed reply to NM.
Advocate for caveator is present and filed written argument alongwith draft C/S. Leave is granted to register C/S.
Adjourned for NM hearing to 05.09.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Advocate for plaintiff is present.
Advocate Ms. Vyavahare for defendant/BMC present.
Advocate for applicant present.
Time is extended to register the C/S.
Adjourned for NM hearing to 15.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Advocate for plaintiff is present and requested for short adjournment for filling reply on C/S. Request is allowed.
Advocate Ms. Vyavahare for defendant/BMC is present.
Advocate for applicant is present.
Adjourned for C/S reply to 17.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Advocate for plaintiff is present and requested for short adjournment for filing reply. Request is allowed subject to last chance.
Advocate Mrs. Dhuri for defendant/BMC is present.
Advocate for applicant is present.
Adjourned for C/S reply to 09.01.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Advocate for plaintiff present.
Ld. Adv. For plaintiff has filed rely to Ch/s.
Advocate Dhuri for defendant/BMC present.
Adjourned for Ch/s Hearing to 26/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
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: C/S REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
Adv. Vyavahare/Dhuri for def/BMC present.
Adv. Indira Labde for applicant is present.
Adjourned for Ch/sum reply to 02.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: None for plaintiff present.
Advocate for defendant/BMC present.
Court busy in hearing of urgent precipe matters St. No. 1060/21 and HCTB matters.
Adjourned for Ch/s Reply to 18/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Court busy in dictating ad-interim matters St. No. 2617/2021 and Suit No. 806/2021.
Adjourned for Ch/s Reply to 04/05/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: Due to Covid-19, adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Court is on Leave
Adjd for Ch/S Reply to 20.11.2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Advocate for plaintiff present.
Applicant is absent.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Hearing to 05.02.2022
Next Purpose: C/S HEARING
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: In view of office order no.7/2022 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.
Adjd for Ch/s Hearing to 19.04.2022
Next Purpose: C/S HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: By precipe
Advocate Ramchandran Naryanan along with Aditya Gupta for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Indira Labde for applicant in Chamber Summons.
Officer Somvanshi, Jr. Engineer, B and F, F/N Ward present.
Adjd for NM Hearing to 24.02.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for Applicant present.
Shri. Vikram Dagdu Somwanshi, Jr. Engineer, B & F , F North Ward present.
Adjd for Ch/s Hearing to 16.04.2022
Next Purpose: C/S HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Court is on Leave
Adjd for Ch/s Hearing to 30.04.2022
Next Purpose: C/S HEARING
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Advocate Ramchandra Narayanan for plaintiff present.
Applicant present and filed Vakalatnama of Advocate Pooja Thakkar for Applicant Exh. 2 O- Filed
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Hearing to 14.07.2022
Next Purpose: C/S HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Advocate for plaintiff present.
Advocate for applicant present and filed rejoinder to Chamber summons No. 1845/2019. copy served.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Hearing to 25.08.2022
Next Purpose: C/S HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Advocate Ramchandra Narayanan for plaintiff present.
Advocate Pooja Thakkar for Applicant present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Heard argument on both sides on Ch/s 1845/2019.
Adjd for Ch/s Order to 15.09.2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Advocate Ramchandra Narayanan for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Order to 20.10.2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Matter pertains to C.R. No. 06
None present for plaintiff.
Advocate Meena Dhuri for defendant/BMC present.
Advocate Pooja Thakkar for Applicant present and filed pursis alongwith copy of Hon\''ble High Court order dated 22.09.2022 in Writ petition No. 10817/2022 t.o.r. Marked as Exh. 3.
Matter be posted for necessary order immediately after Diwali Holidays on dtd. 31.10.2022 as the Ch/s has been heard by the regular Court.
Adjd for Ch/s Order to 31.10.2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Advocate Ramchandra Narayanan for plaintiff present.
Advocate Pooja Thakkar for applicant present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Plaintiff has filed 8 matters for the same subject matter. In all matters parties and issue involved are one and same. In all matters intervention application Ch/s filed by Mr. Sunil Murlidhar Bhagat for impleading him as a party defendant.
through his Advocate Miss Pooja Thakkar.
The parties have advanced their argument on Chamber summons of intervener Sunil Bhagat in 7 matters out of 8 matters. In Suit No.1351/19 the plaintiff has not filed his reply to the Chember summons of intervener Mr. Sunil Murlidhar Bhagat. All matters are on today\''s board but the advocate for plaintiff sought time for filing reply on filed in Suit No. 1351/19.
Issue, subject matter and parties in all 8 suits are one and same. Hence this matter is kept alongwith Suit No. 1351/19 on 03.11.2022 with consent of all parties.
Adjd for Ch/s Order to 03.11.2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv Mr. Indrajeet Maurya I/b Adv Narayan and Narayan for plaintiff and filed reply to Chamber Summons No. 1845/2019. Copy served.
Advocate Diwate for defendant/BMC present.
Advocate Mayuri Bomble h/f Adv Pooja Thakkar for the applicant.
FRSR FOLLOWING ORDER PASSED
ORDER
1.Chamber Summons No. 1845/2019 is allowed.
2.The plaintiff is directed to implead the present applicant namely Sunil M. Bhagat as a party defendant in the suit within 14 days from the date of this order.
3.Chamber summons No. 1845/2019 is disposed off.
Adjd for compliance to 03.12.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Court is on leave
Matter adjd to 22.12.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Matter pertains to C.R. No. 06
Advocate Indrajeet Morya for plaintiff present.
Advocate Maulik Chheda for applicant present and filed draft Notice of Motion alongwith affidavit in support.
O- Leave granted to register. Copy served.
Adjd for NM Reply/Compliance to 06.01.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Advocate Tejjas P. Shah for plaintiff present.
Advocate Pooja Thakkar for applicant present and filed
registered Notice of Motion No. 5001/2022. copy served
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff has filed an application at Exh.4 thereby seeking time for carry out amendment. O-Call say of defendant/BMC
Adjd for Filing reply on Application on Exh.4 and Reply on NM No. 5001/2022 of applicant to 07.02.2023
Next Purpose: REPLY
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Advocate Tejas Shah for plaintiff present.
Advocate Smt. Meena Dhuri for defendant No. 1 to 3/BMC present.
Applicant Sunil Bhagat present and filed reply to Exh. 4.
Heard
Order
Application Exhibit No. 4 is allowed.
Adjd for Compliance/ NM Reply to 23.02.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None present for plaintiff.
Advocate Maulik Chheda for Proposed defendant present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
L.O. 11.27 p.m.
Advocate Narayanan for plaintiff present.
Advocate Maulik Chheda for Proposed defendant present.
On last date on request of plaintiff time was granted till today to carry out amendment. Advocate for plaintiff submits that today plaintiff is unable to present. So he seeks one week time for carry out amendment. Hence, on request of advocate for plaintiff one week time is granted to carry out amendment.
Adjd for Compliance to 09.03.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Advocate R. Narayanan for plaintiff present
Advocate Maulik Chheda for defendant No. 4 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff is directed to file amended copy of plaint on or before next date.
Adjd for Compliance to 23.03.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Advocate R. Narayanan a/w Shivchand Mishra for plaintiff present and filed amended copy of plaint.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Shri. Sunil Bhagat Defendant No. 4 present, his advocate absent. Copies of amended plaint served to defendants.
Adjd for Written statement/Reply of defendant No. 4 (newly added def No. 4) to 20.04.2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Advocate R. Narayanan for plaintiff present.
Shri. Sunil Bhagat for defendant No. 4 and his Advocate Pooja Thakkar for defendant No. 4 present and filed pursis at Exh. 5 alongwith order passed by Hon\''ble High Court in Writ Petition No. 10817/2022.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Notice of Motion No. 5001/2023 is not pressed by applicant. Hence, Notice of Motion No. 5001 /2023 is disposed off
Adjd for Written statement to 22.06.2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: By praecipe
Not on Board. Taken on Board by praecipe
Advocate Maulik Chheda for defendant No. 4 present and filed draft Notice of Motion @ affidavit in support.
O-Leave granted to register it.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for Defendant No. 4 is file reply to Notice of Motion.
Advocate for Defendant No. 4 is directed to serve the copies to both the parties
Already Adjd to 22.06.2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: CORAM: H.H.J. H.H.J. SHRI. R. M. MISHRA, CITY CIVIL COURT, MUMBAI.(C.R.05)
(Matter pertains to C.R. No. 06 )
None present for plaintiff.
Defendant no. 4 present and filed original registered Notice of Motion No. 1881/2023 @ affidavit in support of samt. t.o.r. ..
Matter adjourned for NM reply to 06/07/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Advocate Tejas Shah for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Maulik Chheda for defendant no. 4 present.
Advocate for plaintiff filed reply on Notice of Motion No. 1881/23 itself.
Heard argument on both sides.
F.R.S.R. FOLLOWING ORDER IS PASSED ON NOTICE OF MOTION NO. 1881/2023.
ORDER
1. Notice of Motion No. 1881/2023 is made absolute in terms of
prayer clause (a) and (b).
2. Both the parties to take note of this order.
3. Notice of Motion No. 1881/2023 stands disposed off.
Written statement of defendant no. 4 is taken on record and marked as Exh. 06. O- Read and Recorded.
Matter adjourned for NM hearing to 27.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Advocate Narayanan present for plaintiff and sought adjournment.
Advocate Meena Dhuri present for defendant/BMC.
As per the request of advocate for plaintiff, adjournment granted as a last chance.
Matter adjourned for filling NM reply/rejoinder to 14/09/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Advocate Mishra h/f advocate Narayanan present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Advocate Maulik Chedda for defendant no. 4 present and filed VP at Exh. 7.
Matter adjourned for reply to 31/10/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Date: 04-11-2023
Business: Advocate S.R. Mishra h/f Narayanan and Narayanan present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Adv. Maulik Chedda for def No. 4 present.
Matter adjourned for NM reply to 02-12-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: None present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Advocate Maulik Chedda for defendant no. 4 present.
Matter adjourned for NM reply to 14/12/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Advocate Shivchand Mishra present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Advocate Maulik Chedda for defendant no. 4 present.
Matter adjourned for NM reply to 11/01/24.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Adv. Maulik Chheda for defendant no. 4 present.
Matter adjourned for NM hearing to 14-03-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Advocate Shivchand Mishra i/b. Adv. Ramachandran Narayanan present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for NM hearing to 09.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Advocate Sayali Pathak h/f Adv. Narayanan and Narayanan present for plaintiff and submitted that her seniors father recently passed away and senior will argue in NM positively on next date. Considering submission adjournment granted as a last chance.
Advocate Jyoti Mhatre present for defendant/BMC.
Defendant no. 4 present, his advocate absent.
Matter adjourned for NM hearing to 31.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Adv. Sayali Pathak h/f Adv. Narayanan and Narayanan present for plaintiff and sought adjournment. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC no. 1 to 3.
Defendant no. 4 present, his advocate absent.
Matter adjourned for NM hearing to 05.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: Advocate Ramchandra Narayanan present for plaintiff and sought adjournment. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC no. 1, 2 3.
Adv. Maulik Chheda for defendant no. 4 present.
Matter adjourned for NM hearing to 21.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Advocate Tejas Shah present for plaintiff and sought adjournment. O- Granted.
Advocate Sujata L. Puri h/f Adv. Jyoti Mhatre present for defendant/BMC.
Matter adjourned for NM hearing to 11.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Advocate Ramchandra Narayanan present for plaintiff.
Advocate Neeta Jadhav present for defendant/BMC.
Advocate Ganesh B. Shinde a/w Adv. Maulik Cheda present for the defendant No. 2.
Matter adjourned for NM hearing to 01-03-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Advocate Ramchandra Narayan present for plaintiff and Advocate Ramchandra Narayan present for plaintiff and filed application. Taken on record and marked as Exh. 8. O- Other side to say.
Advocate Neeta Jadhav present for defendant nos. 1 to 3/BMC.
Adv. Moulik Chedda a/w Adv. Ganesh Shinde for defendant nos. 4 present
Order on Exh. 8
Counsel for plaintiff, counsel for BMC and Counsel for landlord are present. It is the contention of counsel for plaintiff that BMC would remove the grills and they are intending to take action. They may remove the grills on tomorrow or day after tomorrow. In such circumstances some protection is necessary. BMC has already removed the ottla in two flats/premises, Counsel for BMC submitted that Court has not granted any interim protection. Hence plaintiff is not entitled for interim protection. Ld. Counsel argued that no permission has taken by plaintiff. Otala and grill are illegally put on in balcony and windows. Same is the contention of landlord.
In this face BMC has taken the action and removed the otalas in two premises/flats. It is possible that BMC can move against the rest of the notice structure, LD counsel for plaintiffs is ready to argue the matter on Tuesday i.e. on 04/03/2025. In view of circumstances the rest of the notice structure be protected subject to the condition that plaintiff shall not take any adjournment for argument. The rest of the notice structure be maintained as it is till 04/03/2025. If the plaintiff fails to argue the matter on 04/03/2025 the interim protection stands vacated and thereafter no extension would be considered. In no circumstances adjournment would be granted. Plaintiff to take note of direction. Parties are directed to remain present for argument. If any party remain absent then matter will be decided in his/her absence. Note of the order be taken. States quo be maintain till 04/03/2025.
Matter adjourned for Nm hearing to 04-03-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025
Date: 04-03-2025
Business: Advocate Ramchandra Narayan present for plaintiff
Advocate Neeta Jadhav present for defendant nos. 1 to 3/BMC.
Adv. Moulik Chedda a/w Adv. Ganesh Shinde for defendant nos. 4 present
Heard argument on both sides on Nm 2239/19.
In view of oral submissions Earlier order if any to continue till next date.
Matter adjourned for Nm order to 11-03-2025.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Advocate Purva Pendulkar h/f Narayanan and Narayanan present for plaintiff.
Advocate Neeta Jadhav present for defendant/BMC no. 1 to 3.
Defendant no. 4 present.
In view of oral submissions Earlier order if any to continue till next date.
Court busy in hearing other matters, hence
Matter adjourned for NM orders to 13.03.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: Advocate Purva Pendulkar h/f Adv. Ramchandra Narayanan present for plaintiff.
Advocate Neeta Jadhav present for defendant/BMC.
F.R.S.R. following order passed on NM No. 2239 of 2019
ORDER
NM No. 2239 of 2019 stands allowed and is hereby made absolute.
Matter adjourned for draft issues to 15.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Advocate Purva Pendurkar i/b Narayanan and Narayanan present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Rest of the defendants absent.
Matter adjourned for draft issues to 14.10.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: Advocate Puranik present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Defendant no. 4 present.
Issues are framed at Exh. 9.
Matter adjourned for filing evidence of plaintiff/RE as well as reply to the notice of motion to 18.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Advocate Shanmukh Puranik i/b Adv. Ramchandran Narayanan present for plaintiff and seeks time to file the evidence. O-Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Defendant no. 4 in person present.
Matter adjourned for hearing on NM to 15.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: As per office order No. 14 of 2026 dated 12-01-2026 on account of polling day declared for General Election of Municipal Corporations in Mumbai Metropolitan Region Holiday is declared on 15-01-2026. Hence the matter is adjourned on 07-02-2026. Parties to take note and act accordingly.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: None present for the plaintiff.
Advocate S. R. Yadav present for defendant/BMC.
Adv. Maulik Chheda for defendant no. 4 present.
Matter is pending for evidence of the plaitniff. It appears that the plaintiff is not interested in proceeding with the suit. Hence matter posted for dismissal order.
Matter adjourned for dismissal order to 12.03.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: None present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Maulik Chheda for defendant no. 4 present.
Matter adjourned for dismissal order to 21.04.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 21-04-2026
Date: 21-04-2026
Business: Advocate Purva Pendurkar i/b Narayanan and Narayanan present for the plaintiff and filed application for removal of the suit from dismissal caption. TOR and marked as Exhibit 10. O - Matter is kept for dismissal order, as the plaintiff has not proceeded with the hearing of the suit. Today also plaintiff has not taken any steps for proceeding with the hearing of the suit. Hence application is rejected.
Advocate Ruhi Hajare present for defendant/BMC.
Defendant no. 4 present.
Matter adjourned for dismissal to 09.06.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: Advocate Kartikay Kaushik i/b Narayanan and Narayanan present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Maulik Chheda for defendant No. 4 present.
Matter is pending for dismissal order. On last date, the application of the plaintiff for removal of suit from dismissal caption was rejected. Today also the plaintiff is seeking adjournment. Matter is pending for dismissal since February-2026. It appears that the plaintiff is not interested in proceeding with the hearing of the suit. Ld advocate for the plaintiff submitted that they are in the process in the finalizing the evidence. In the circumstances, short adjournment is granted to plaintiff subject to payment of costs of Rs. 5,000/- to DLSA, Mumbai. If plaintiff fails to proceeding with the suit on next date, the consequences will follow.
Matter adjourned for compliance / evidence to 12.06.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: Advocate Tejas Shah present for the plaintiff and seeks adjournment. Plaintiff to make submissions in writing.
Advocate Amar Patil h/f Advocate Ruhi Hajare present for defendant/BMC.
Advocate Maulik Cheda for defendant No. 4.
Matter kept back.
Later on at 12.05 p.m.
Matter is for evidence. Record reflects that despite sufficient opportunities the plaintiff has not filed evidence affidavit. Till 12.05 p.m. no application is filed. In this matter every time new advocate is appearing and making different submissions. On last date when matter was posted for dismissal, advocate Kartikay Kaushik made submissions that they are in process of filing evidence affidavit and sought 2 days time. Today again plaintiff is seeking adjournment and when the plaintiff was directed to file adjournment application, no application is filed. Hence, on oral submissions, short adjournment is granted subject to payment of cost of Rs 5,000/- to defendant No. 4 and cost of Rs 5,000/- to DLSA, Mumbai for postponement of proceeding. Matter is adjourned as per the convenience of the plaintiff for filing evidence affidavit and compliance.
Matter adjourned for evidence to 01.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2026
Date: 01-07-2026
Business: Advocate Ramchandra Narayanan present for the plaintiff and filed compliance pursis. TOR and marked as Exhibit 11. O - Seen. Copy served. He filed application for recasting of issues. TOR and marked as Exhibit 12. O - Other side to say. He also filed evidence affidavit of Pradip Jagjivan Shah. Tor and marked as Exhibit 13. O - Witness not present for verification. List of document at Exhibit 14. O - other side to say. Copy served.
Advocate Bibhishan Sutar h/f Adv. Ruhi Hajare present for defendant/BMC.
Defendant No. 4 in person present, his advocate absent.
Matter adjourned for recording evidence to 21.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2026
Date: 21-08-2026
Business: Advocate Kaushik Kartikay i/b Narayanan and Narayanan present for the plaintiff.
Advocate Rohit Gaikwad h/f Adv. Kamini Pagare present for defendant/BMC.
Adv. Maulik Chheda for defendant No. 4 present and filed application for objections on admissibility of documents filed by PW-1. TOR and marked as Exhibit 15. O - Seen. Copy served upon plaintiff.
Defendant No. 4 seeks time for filing say on the application Exhibit 12 for recast of issues. O - Time granted.
Matter adjourned for say on Exhibit 12 to 15.10.2026.
Next Purpose: REPLY
Next Hearing Date: 15-10-2026