Date: 14-08-2019
Business: None for plaintiff.
Issue writ of summons to defendant on payment of process fee for settlement of issues.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Adjd to 23.10.2019 for report of summons.
L.o. at 1.15 p.m. Adv. Bommer for plaintiff present and filed duplicate writ of summons.
Adjd for 23.10.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Mr. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
Adjd to 07-02-2020 forWS
Next Purpose: HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Boomer for plaintiff present and tendered documents along with CD.
Adv. Khandagle for MCGM/Deft. present.
K.B./L.O.
Order on ad-interim relief.
ORDER
Perused plaint, N/M, documents annexed to the plaint and heard both sides. Ld. Adv. for the plaintiff has submitted that the plaintiffs have started occupation of respective rooms pursuant to different allotment letters issued by defendant/MCGM and they have filed on record electricity bill to prove their long standing occupation. Ld. Adv. for the defendant/MCGM has filed verification reports of all the allotment letters which clearly show that the said allotment letters are not issued by concerned officers of defendant/MCGM. From this, it is clear case which depicts that the allotment letters produced by plaintiffs are not genuine documents. Ld. Adv. for the plaintiff has vehemently argued that even if it is assumed that the plaintiffs are trespassers even then the defendant/MCGM has to follow due process of law in evicting them. In support of his contentions, he has relied upon judgments of Hon\''ble Appex Court in Ramegauda Vs. M. Vardappa Naidu and Anr. (2004(1) SCC 769) and Krishna Ram Mahale by his LR\''s Vs. Mrs. Shobha Venkat Rao (Civil Appeal No. 1392 of 1974 decided on 09.08.1989) wherein it is laid down that a person in settled possession, even on the assumption that he had no right to remain on the property, can not be dispossessed by the owner of the property except by recourse to law. After going through both the judgments it can be seen that the above principle was given in the facts of those cases wherein the plaintiff was initially permitted to possess the respective suit premises and subsequently he denied the title of the person granting him such permission. In this case, the plaintiffs have not come up before the Court with the documents showing that they were permitted to occupy the respective rooms. On the contrary the allotment letters relied upon by them are prima facie bogus documents. Since the plaintiffs have not come before the Court with clean hands, they are not entitled for any ad-interim relief. Therefore, ad-interim relief is rejected.
Matter is adjd to 18.03.2020 for N/M Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 06.07.2020 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 13/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on Ad-interim reliefs of CR NO.08 and CR NO.11, board is discharged and matter is adjourned.
Adjd. To 20/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 16/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None for Plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Adjd. To 27/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Adjd. to 22/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None for Plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and filed NM reply cum W.S. and list of documents, t.o.r. and marked as Exh.5 and Exh. 6 respectively. Copies for plaintiff kept in R and P.
Adjd. to 23/09/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 06/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 07/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Adv. Boomer for plaintiff present and submitted that he has not received copies of reply cum W/S (Exh.5) and compilation of documents (Exh.6) filed by defendant. He further submitted that on next date he will file rejoinder and will argue the matter.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. for plaintiff received copies of Exh.5 and Exh.6.
Adjd. to 13/01/2023 for rejoinder/ hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 03/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 19/06/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: None for plaintiff.
Advocate Khandagale h/f Advocate Suryavanshi for defendant/BMC present.
Adjd for NM Hearing to 07.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff, it appears that since last two dates none appeared for the plaintiff. Adv. for defendant/BMC submitted this is the BMC tenement matter and plaintiff is not arguing the NM. In the circumstances matter adjourned and kept for dismissal of NM.
Adjd to 19.08.2023 for NM Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
The suit is of year 2019 and draft NM is pending for heaing since 31.10.2022 and matter repeatedly adjourned for hearing of NM. It appears that since last three dates none appeard for plaintiff. Hence, matter is kept for dismissal of NM. However inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the draft NM. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
ORDER
1. Draft NM is dismissed for default.
2. Plaintiff is directed to get register draft NM for statistical purpose.
Adjd to 04.11.2023 for Hearing on issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd to 06.01.2024 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Exh. 7 – Issues are framed
Adjd to 26.02.2024 for List of Witness/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Advocate Bommer for plaintiff present and requested time to file evidence, hence adjourned
Adv Suryavanshi for defendant/BMC present.
Adjd to 27/3/2024 for plaintiff’s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff and today is first date for filing evidence. Hence matter adjourned
Adjd to 10.07.2024 for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: None for plaintiff
Adv. Mr. Botlawar for defendant/BMC present
Adjd. to 28/8/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: None present for plaintiff
None present for defendant/BMC – M East ward
The suit is of year 2019 and issues are framed on 06.01.2024 but since framing of issues neither plaintiff nor his Adv remains present. Hence matter adjourned and kept for dismissal of suit.
Adjd to 21.09.2024 for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Bommer for plaintiff present and submitted that due to medical emergency, he could not contact the plaintiff and requested to remove the Suit from the caption of dismissal and keep for the Plaintiff’s evidence.
Hence matter is adjd.
Advocate Pooja Nagarthawar for defendants/BMC present.
Adjd. to 27/11/2024 for Plaintiff’s evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Bommer for plaintiff present and requested time to file evidence. Hence matter adjourned
Advocate Honmane for defendant/BMC present.
Adjd to 05.02.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to 19.03.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back.
Later on at 12.35 pm
The appearance is as above. None present for the plaintiff to proceed with the suit. Hence, it is posted for dismissal.
Adjourned for dismissal to 21.06.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. L.V. Boomer for the plaintiff is present. He submitted that owing to unavoidable circumstance he could not contact the plaintiff and proceed with the suit. He seeks last opportunity to proceed with the suit. Defendant/MCGM raised strong objection and prayed for dismissal of the suit. I believe, in the interest an opportunity should be given. Plaintiff is directed to proceed with the suit without fail or else further order shall be passed.
Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Vyavhare for defendant/MCGM is present.
Adjourned for dismissal/R.E. to 25.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None for the plaintiff is present.
Adv. Ms. Vidya Vyavahare for defendant/MCGM is present.
KB
LO at 1:04pm
None present for the plaintiff.
KB
LO at 1:38pm
None present for the plaintiff. Evidence not filed.
Order below Exh.01:
It appears that the suit was fixed for tendering list of witness and evidence affidavit wherein plaintiffs opt to remain absent. There is no separate application tendered on record seeking adjournment. In the backdrop the plaintiffs are consistently absent. This conduct of the plaintiff shows that now they have lost their interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiffs the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
1. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
2. The plaintiffs to bear costs of this suit. Bill of costs be drawn-up accordingly.
3. The Original documents, if any, 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, alongwith undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful.
4. The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 25-08-2025