Date: 01-10-2018
Business: None present. for Plaintiff.
Advocate Ms. Tondvalkar h/f Adv. Hajare for BMC/Deft present and sought time to file Written Statement. Hence, case is adjourned to 21/11/2018 for Written Statement by Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: None present for Plaintiff.
Advocate Ms. Tondwalkar h/f Adv. Hajare for BMC/Deft present and sought time to file Written Statement. Granted as a last chance.
Case is adjourned to 29/01/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: None present for Plaintiff.
Advocate for BMC/Deft present and sought time to file Written Statement. Adjourned as a last chance.
Case is adjourned to 19/03/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Court is busy in R/E in suit no.7495/05, hence case is adjourned to 09/07/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 29.08.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: None for plaintiff.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 14.11.2019 for Written Statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Mr. B.P. Shukla for plaintiff present.
Adv. Mr. Vikrant Parshurame for deft/MCGM present.
Exh.4- W.S. filed by defendant/MCGM, copy supply for plff.
Both side to file draft issues.
Matter is adjd. for draft issues on 06.02.2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Mr. Yadav h/f adv. Shukla for plaintiff present.
Adv. Mr. Parshurame for deft./MCGM present.
Exh.5- Draft issues filed by deft., copy supplied to plff.
Matter is adjd. for framing issue on 22.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: None for plaintiff.
Adv. Mr. Rajan Yadav for deft./MCGM filed draft issues. T.O.R. and marked as Exh.6.
Matter is adjd. for issues to 11.12.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None present for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd. to 24/03/2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Mr. Yadav for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for issues to 09.04.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff.
Adv. Ms. Yadav for deft./MCGM present.
Due to COVID-19 Matter is adjourned for framing issues to 03.05.2021.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 matter is adjourned to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is 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.
Adjourned for framing issues to 07.03.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None present for plaintiff.
Adv. Ms. Ruchikar h/f Adv. Parshurami for defendant/MCGM is present.
KB LO at 12.04 pm.
Adv. Mr. J.S. Yadav for plaintiff is present.
Issues framed. It is marked at Exh. 07.
Adjourned for filing affidavit of documents to 13.06.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Sunita Dubey for plaintiff present and orally requested time to file documents. Time is granted.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for filing affidavits of documents to 05-08-2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Ms. Sunita Dubey for the plaintiff is present and orally requested for time to file documents. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal order.
Adv. Mrs. J.V. Mhatre h/f Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 30.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. J.S. Yadav for the plaintiff is present and orally requested for permission to lead evidence. On his request permission is granted. Caption is changed.
He filed evidence on affidavit of PW No.1 Mr. Mohammed Yakoob Shaikh. TOR. It is marked at Exh.08. O- R&R.
List of documents. TOR. It is marked at Exh.09. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Adv. Roma Naik and Adv. Apoorva Mouray h/f Adv. Parshurami defendant/MCGM is present.
Adjourned for admission and denial to 09.11.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. P. Rajan a/w Adv. Khandagale for defendant/MCGM is present. On his request, the matter is kept back.
KB LO at 12:30 pm.
Adv. for defendant endorsed say on list of documents exhibit 09.
Adjourned for consideration to 13.01.2023.
Next Purpose: CONSIDERATION
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Plaintiff is present in person.
Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
KB LO at 11:45 am.
Order below exhibit No. 09:
Heard both the sides. Documents at Sr. Nos. 7, 8 and 12 are filed in the original whereas the defendant admitted documents at Sr. Nos. 9, 10 and 11. Hence, the same are exhibited as follows:
Notice dtd. 05.08.1999. It is marked at Exh. 10.
Reply dtd. 13.08.1999. It is marked at Exh. 11.
Notice dtd. 20.11.2017. It is marked at Exh. 12.
Reply dtd. 27.11.2017. It is marked at Exh. 13.
Order dtd. 08.05.2018. It is marked at Exh. 14.
Letter dtd. 16.05.2018. It is marked at Exh. 15.
The plaintiff is called upon to prove the rest of documents at his own level.
Adjourned for R/E P.H. to 24.02.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
PW-1 Mr. Mohammed Yakoob Shaikh is resumed on SA.
Examination-in-chief of PW-1 is recorded and concluded.
Cross examination by the advocate for the defendant/MCGM
Deferred on the oral request.
Adjourned for R/E P.H. to 01.04.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: as the court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: The plaintiff is present in person.
Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to proceed with the matter. Time is granted.
Adjourned for R/E P.H. to 24.07.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: The plaintiff is present in person.
Adv. Ms. Sunita Dubey h/f Adv. Shukla for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to proceed with the matter. Time is granted.
Adjourned for RE (PH) to 25.08.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: The plaintiff is present in person and informed that on 24.07.2023, the defendant demolished 2nd and 3rd floor of the notice structure.
Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. P. Rajan a/w Adv. Mr. G.O. Giri for defendant/MCGM is present. On his request, the matter is kept back.
LO at 1.47 p.m.
The appearance is as above.
Adv. Mr. P. Ranjan informed that in view of the Order in IA (L)
No. 7367/2023 in WP No. 4273/22, dtd.17.03.2022, demolition was carried and the structure is almost removed. As such, the suit needs to be disposed of.
The advocate for plaintiff request time to take steps in the matter. Time is granted.
Adjourned for steps/RE to 25.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: The plaintiff is present in person.
Adv. Ms. Sunita Dubey for the plaintiff is present and and requested time to take steps. Sufficient time is already granted. The matter is more than 05 years old. Still, considering reasons, the matter is adjourned, subject to payment of costs of Rs.3,000/-(Rs. Three Thousand) in favor of DLSA, Mumbai. In default, the suit would stand dismissed.
Adv. Mr. P. Rajan for defendant/MCGM is present.
Adjourned for cost/compliance/dismissal to 10.11.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: The plaintiff is present in person. He informed that he is not willing to proceed with the suit and wants to withdraw the same.
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. G.O.Giri for defendant/MCGM is present.
The advocate for plaintiff filed the withdrawal pursis. TOR. It is marked at Exh.16. O- Other side to say. Say filed. Heard. O- As the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. On his request, the Order of imposing costs on 25.09.2023 is called back. The suitable order follows below Exh.1.
Order below Exhibit 1:
In view of the Order on the pursis (Exh.16), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
After expiry of the Appeal period, 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: WITHDRAWL
Disposal Date: 10-11-2023