Kulkarni and Associates Suit St. No.6740 of 2018VsMCGM And Ors.

Date: 09-05-2018
Business: By Pracipe.
Matter pertains to C.R. No. 5
Adv. Heena Rathod for plaintiff present.
Adv. Sutar for Defendant/BMC present.
Adv. for defendant no. 1 filed reply to Notice of Motion. TOR.
Adv. appearing for defendant submitted that he is holding for Adv. Dipali Patil and sought time for arguments.  As per the request of defendant matter is not adjourned for arguments on Notice of Motion to 06.06.2018.
Earlier Ad-interim order, if any be continued till next date.
Adjd for NM hearing to 06.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Resumed.
Adv. Kiran Kulkarni for plaintiff and Adv. Patil for MCGM are present.
Adv. Kulkarni tendered registered NM No. 1897 of  2018 with affidavit and compilation of documents.
Adv. Patil tender copy of inspection report dtd. 28.02.2018 across the bar.
Heard, respective advocates on the point of ad-interim reliefs.  During the course of arguments Ld. Advocates for plaintiff submitted that the concerned public information officers of the defendant  has informed the plaintiff to contact building and factory department in order to get sanctioned plan of the suit building. Accordingly the plaintiff contacted the concerned officer of B and F department, who in turn informed the plaintiff that upon getting the sanctioned plan they will inform the plaintiff.  In the circumstance the matter is adjd for orders on ad-interim reliefs 08.06.2018. Earlier order if any to continue till the next date.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Resumed.
Adv. Kulkarni for plaintiff and Adv. Chandramore for defendant are present.
The P.O. is busy in hearing of NM No. 4447 of 2013 in Suit No. 4668/2013, NM No. 664/2017 in Suit No.335/2017 and other civil matter  for want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for ad-interim order to 11.06.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Resumed.
Adv. Kulkarni for plaintiff and Adv. Chandramore for MCGM are present.  I have already heard, both the advocates on the draft NM taken out by plaintiff on 06.06.2018.  The matter was adjourned for orders on draft NM to 08.06.2018.  As the P.O. was busy in other civil matters the matter was adjourned for orders today.
  The plaintiff claims to be the tenant in room no. 25 since 2008 of the building Nobel Chambers and in exclusive use of bathroom located on the western side of the said room.  According to plaintiff the said bathroom is divided into two parts having separate access- doors.  It was divided by six feet high wall.  The said wall was not touching to the ceiling.  In 2009, the occupant of room no. 24 refused to contribute for the repairs of the bathroom.  Therefore with the leave of the landlord the plaintiff carried out minor tenantable repairs and made the bathroom usable.  The occupant of room no. 24 was not allowed to use the bathroom.
  As the suit building was dilapidated the officers of BMC inspected the same in 2015.  they found the said bathroom in dilapidated condition.  The officer orally directed the plaintiff to replace the drainage pipes, w.c. etc. In 2017, association of tenant of the suit building decided to repair the suit building and accordingly plastered the BMC pilars etc.  As the landlord refused to repair the bathroom and further permitted the plaintiff to repair the same, on 03.10.2017.  The adjoining occupant again demanded access.  On refusal he complained with the MCGM.  Consequently the defendant issued notice under section 351 on 28.02.2018, alleging that the plaintiff carried out unauthorized sub division of exiting toilet into two toilets by constructing brick wall and fixing fiber doors and further unauthorized use of toilet area as office area.  The plaintiff replied the same.  According to the plaintiff the notice is false as there is no drainage connectivity at the rear side of the area.  The defendant  passed order dtd. 23.04.2018 without considering the reply, and giving sufficient opportunity of hearing.  According to plaintiff it is a tenant in the suit room having no copy of building plan.
                                                                               The plaintiff has applied for the same under RTI to the concern department.  Moreover it is also necessary to verify whether the defendant has truly complied with the directions given in paragraph no. 19 of the judgment in the case of Sopan Maruti Thopate vs. Pune Municipal Corporation, as the defendant  has only given seven days time to the plaintiff for removing the alleged unauthorized construction by order dtd. 23.04.2018.  Under such circumstances intervention of this court at this juncture appears necessary.  Thus the following order is passed-
  Ad-interim reliefs in terms of prayer clauses (a) and (b) are granted.
Adjd. for reply to NM on 2.7.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: Resumed.
Adv. for MCGM tendered affidavit in reply to NM.  The P.O. is busy in judgment in NM No. 3134/2016 in L.C. Suit no. 1729/2016.  For want of time the board is discharged.
Adjd for NM arguments to 23.07.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-07-2018

Date: 23-07-2018
Business: Resumed.
The P.O. is busy in delivery of judgment in L.C. Suit No. 2181/2011 and NM No. 1015/2017 in Suit No. 673/2017.  For want of time the board is discharged.
Adjd for NM arguments to 29.08.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 29-08-2018

Date: 29-08-2018
Business: Resumed.
The P.O. is busy in recording evidence in sessions Case No. 589/2017 and hearing of NM No. 698/2018 in Suit No. 402/2018.  for want of time the board is discharged.
Adjd for NM arguments to 28.09.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Adv. Adv. Anjali  for plaintiff present
Earlier order if any to continue till the next date.
Adjd for NM Argument  to 26.11.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Resumed.
Adv. Lalita for plaintiff is present.
The P.O. is busy in hearing NM arguments in Suit no. 1132/2011 and 1133/2011 and passing order on NM No.4234/2018 in Suit No. 2324/2005 and order on Exh. 46 In Suit no. 1780/2009.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 05.12.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Resumed.
Adv. Lalita Savekar for plaintiff and Adv. Pradip Patil for MCGM are present.
Adv. Savekar undertakes to get the suit register on or before the next date.
Adv. Savekar seeks time to file rejoinder.  Granted as last chance.
Adjd for NM rejoinder to 23.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Resumed.
The P.O. is busy in dictating judgment in Suit no. 685/2011.  For want of time the board is discharged.
Adjd for NM reply to 13.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv.Savekar for plaintiff present.
Adv.Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd. To 22.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv.Lalita Savekar for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
As Court is busy in dictating judgment in SU No.937/14 and orders in notice of motion, hence, board discharged.
Earlier order if any to continue till the next date.
Matter adjd to 08.07.2019 for NM reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Matter Pertains to C.R. No. 5.
Adv. Anjali Ghuge for plaintiff Present.
Earlier order to continue till the next date.
Adjd to 16/08/2019 for N.M. Rejonder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Adv. Lalita Savekar for plaintiff Present.
Earlier order to continue till the next date.
Adjd to 18.09.2019 for NM reply rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Plaintiff absent and Adv. Mrs. Anjali Dubey Present.
Adv. Mr. Patil  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 20/09/2019 for hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: As Court is busy in hearing arguments in Su. Nos.106/09 to 109/09, 111/09 to 115/09, 117/09, 1620/19 to 1622/19, 1627/09, 1329/15, cross examination in Su. Nos. 1728/16 and 2323/10 and other misc. work hence, board is discharged.
Matter adjd to 01/11/2019 for hrg on n/m
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: As P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: eoc
Adjd. to 20/01/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Mr. Vindora for plaintiff present and filed rejoinder to notice of motion no. 1897/2018 t.o.r.
Adv. Mr. Nandanwar  for the defendant  MCGM Present.
Suit be register.
Mater is adjd to 24/02/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mr. Manan Pindora for plaintiff present.
Adv. Mr. Nandanawar for MCGM/deft present.
Matter is adjd to  30/03/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 02.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for plaintiff.
Adv Nandanwar/Suryawanshi present for MCGM/defendant.
Matter adjourned for NM hearing to 21.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present for plaintiff.
Adv Suryawanshi/Nandanwar present for MCGM/defendant.
Matter adjourned for NM hearing to 16.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for NM hearing to 06.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv Lalita Savekar present for plaintiff.
None present for MCGM/defendant.
Matter is pending for removal of objection. Plaintiff to avoid delay.
Matter adjourned for NM hearing to 20.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv.  Savekar present for plaintiff.
None present for MCGM/defendant.
Suit be for registration if objections are removed.
Adv. of plaintiff sought adjournment for NM Arguments.
Matter adjourned for NM Arguments to  15/04/2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Adjourned due to Covid 19.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv. absent for plaintiff.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for nm arg. to. 20/09/21.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None present  for plaintiff.
Adv. Kumuda Soraan present  for MCGM/defendant.
Matter adjourned for NM arguments on 27-10-2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv.Lalita h/f adv. kulkarni present for plaintiff.
Adv. Amol Diwate present for MCGM/defendant.
As court is busy in dictating order nm no. 990/20 and Nm no. 991/2020 in suit no. 1073/14, Hence remaining morning board is discharged and Matter adjourned for nm arg. to. 10/11/21.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
Adv. Soraan @ adv. diwate present for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for nm arg to. 15/12/21.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Bhairavi Shah Present For Plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
As court is busy in hearing argument in suit no. 2513/21 and dictating order on chs. no. 1201/17 in suit no. 1411/17 and order on nm no. in suit no. 1212/2010. Hence,
Matter adjourned for order on 07-01-2022.
Next Purpose: ORDER
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv. Sagarika present for plaintiff and sought adjournment.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Matter adjourned for order to 16/02/22.
Next Purpose: ORDER
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv. Bhairavi Shah hf kulkarni and associates present  for plaintiff.
Adv. Soraan @ Adv. Diwate present  for MCGM/defendant.
Matter adjourned for order to 23/03/22.
Next Purpose: ORDER
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: The Court is busy in judgment dictating in Suit No. 343/2010 and dictating orders in Suit No.1266/2011, Suit No.8310/2022 hence, for want of time board is discharged.
Next Purpose: ORDER
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Neither Plaintiff appeared nor taken steps to register the suit nor argue the NM. Hence, suit and NM be posted for dismissal on next date.
Matter is adjd for dismissal on 01-10-2022
Next Purpose: DISMISSAL
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: None for Plaintiff.
Plaintiff is directed to get the suit registered on or before next date.
Matter is adjd for dismissal on 24-11-2022
Next Purpose: DISMISSAL
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: As Court is busy in hearing arguments of Suit No. 4475 of 2009. Hence want of time board is discharged.
Matter is adjd for dismissal on 24-01-2023
Next Purpose: DISMISSAL
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: None for Plaintiff.
Plaintiff is directed to proceed further other wise matter be posted for dismissal on next date.  Matter is adjd for dismissal on 18-03-2023
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. Shreya Gharat for plaintiff is present.
Adv. Rawade @ Adv. Vyavahare for MCGM/Defendant present.
As court is busy in final argument i.e. in Suit no. 2709/09. Hence, matter is adjourned.
Matter adjourned for Dismissal on 01-07-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: Adv. Neha Bhalchim h/f Adv. Kulkarni for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
Exh.6 - Application for withdrawal of suit filed by the ld. Adv. For plaintiff.  TOR and marked at Exh. 6
The plaintiff through its authorized representative Pravin Ankush Palav is present along with original letter of authority of which copy is already filed at Exh. B along with the plaint. He has also tendered original letter of authority along with the application for withdrawal of the suit. Contents in the application for withdrawal of suit are read over and explained to the plaintiff through its authorized representative of which he has admitted to be true and correct in the presence of his advocate.
  Since the plaintiff is withdrawing the suit unconditionally, therefore, following order is passed-
ORDER
1.  In terms of application Exh. 6 suit stands disposed off for want of prosecution as withdrawn.
2. In view of withdrawal of suit NM No. 1897/18 also stands disposed off for want of prosecution.
3.  Suit be registered for statistical purpose only.
Nature Of Disposal: OTHER
Disposal Date: 01-07-2023

Filing Number: 106809/2018
Filing Date: 08-05-2018
First Hearing Date: 09th May 2018
Decision Date: 01st July 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE