Date: 21-08-2019
Business: As Court is busy in hearing Notice of Motions in suit no. 1068/15, Suit no. 9139/19 also in hearing and passing ad-interim orders in Suit no. 2304/19, 2305/19, ST 9034/19 and ST 9035/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 04.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Advocate Pareira for plaintiff present and filed original Notice of Motion No. 2262/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 04.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Advocate Suresh Rajeshwar for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 06.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Mr. Rajeshwar for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 05.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.Mr. Rajeshwar for plaintiff.
Adv. Mrs. Tondawalkar h/f adv. Mrs. Chavhan for deft./MCGM, prayed for adjd
Mr.Deepak Kirkire, representative of plff is present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 08.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020
Date: 21-08-2020
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: 18-12-2020
Date: 18-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Suresh Rajeshwar for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 07.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv.Suresh Rajeshwar for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Reply to 11.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Suresh Rajeshwar for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply 16.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Mr. Suresh Rajeshwar 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 04/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 08.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022
Date: 04-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 08.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Mr. Suresh Rajeshwar for plaintiff is present.
Adv. Ms. J.V. 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.
Matter adjourned for NM reply and WS to 26.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Suresh Rajeshwar for the plaintiff present.
Adv. Mhatre for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for Nm reply to 07.07.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Mr. Rajeshwar 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 18.08.2022.
Next Purpose: ORDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mr. Parera h/f Adv. Rajeshwar for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply and WS. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 22.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Rajeshwar for the plaintiff is present.
Adv. 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 against the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for no reply no WS Order to 17.11.2022.
Next Purpose: ORDER
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Mr. Rajeshwar 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 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)/R/E to 12.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Mr. Rajeshwar for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply no WS) to 09.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Mr. Rajeshwar for the plaintiff is present.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply no WS) to 18.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Mr. Rajeshwar for the plaintiff is present.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
The Court is busy in recording evidence in SU Nos. 1879/2009 and 2836/2014.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing ( no reply no WS) to 20.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Adv. Shridhar Parera h/f Adv. Mr. Suresh Rajeshwar for the plaintiff is present and requested time to argue NM. Time is granted lastly. In default, the NM would stand dismissed.
Adv. Ms. S.S. Chavan for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing(No reply No WS)/ NM dismissal to 08.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Adv. Mr. Rajeshwar for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present and asked time to take necessary steps. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply/No WS) to 06.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Mr. Rajeshwar for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Heard both the sides on NM.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 27.10.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Mr. Suresh Rajeshwar for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The Court is busy in other urgent matters.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 09.11.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Adv. Mr. Suresh Rajeshwar for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
The Court is busy in other urgent matters.
Adjourned for NM Order to 08.12.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: Adv. Mr. Suresh Rajeshwar for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
The Court is busy in dictating judgment in Suit No. 705/2011 and other preceipe matters.
Adjourned for NM order to 04.01.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Adv. Mr. Suresh Rajeshwar for the plaintiff is present.
Adv. Mr. Giri h/f Adv. Khandagale for defendant/MCGM is present.
After hearing the parties, the following Order is passed in NM
No. 2262/2019 :
01. Considering their rival submissions, at the outset, it is to be noted that at this stage of the matter, the plaintiff could prima facie show that earlier, the defendant took possession of the portion admeasuring 1009.40 sq. mtr. and issued the possession receipt, at Exhibit-D. The record further shows that as per the sanction plan, filed at Exhibit H, the said portion was recognized by the Office of defendant. That apart, after completion of G+22 floors structures, the Occupation Certificate was granted. Thus, it is clarified that the portion of 1004.40 sq.mtrs. was so acquired by the defendant. More so, the plaintiff timely replied the impugned notice and the same is under consideration of the said Office. The record further reveals that as per the statement, recorded in roznama dtd. 23.04.2019, of Mr. Kalpesh Kishore Mhaskar, Road Engineer-1, Asst. Engineer, he informed to arrange the requisite hearing before the DMC Zone VI and till completion thereof, no action was to be proposed as against the structure. However, later, the defendant did not contest this NM and the suit and therefore, the matter proceeded ahead without his defence as per roznama Order dtd. 17.11.2022. On this backdrop, as of now, there is nothing on record to rebut the plaintiff’s stand. This being the position of record, I am of the opinion that as the earlier acquisition of the affected portion is apparently proved, the defendant is bound to follow due process of law prior to initiating further acquisition proceeding against the suit structure. It would also afford fair opportunity of hearing to the plaintiff. Consequently, till that time, the defendant is to be restrained to execute the notice dtd. 04.05.2018. Hence, the Order :
01. Notice of Motion No. 2262/2019, is partly allowed. The defendant, his agents, his servants and anybody else claiming through him are hereby restrained to act upon the notice dtd. 04.05.2018, as against the suit structure, except by following the due process of law.
02. Notice of Motion No. 2262 of 2019, is accordingly, disposed of.
Adjourned for RE (No WS) to 21.02.2024.
Nature Of Disposal: ALLOWED
Disposal Date: 04-01-2024
