Jaysing Amrita JondhaleVsMCGM

Date: 26-06-2019
Business: By praecipe
Advocate B.P. Shukla for plaintiff present filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present.
Heard.
The plaint page 31 reveals that the Corporation has requested the SRA Authority to deal with the issue whether plaintiff\''s structure is eligible or not and to take further action.
     The officer of defendant Corporation Ms. Yogita Patil Jr. Engineer-S ward  states that SRA will be taking action and now Corporation is not involved in the matter and therefore, defendant will not be acting upon the notice dated 05.09.2015.
      In view of this no case of ad-interim relief is made out.
Leave is granted to register NM.
Authenticated copy of roznama be given to parties.
The case is adjourned to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: As Court is busy in hearing NM in suit No. 1759/13, 2057/19 and also in dictating orders the case is adjourned.
The case is adjourned to 06.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: As Court is busy in hearing and dictating orders in ad-interim matters in ST No. 11745/19, 11746/19 and in hearing NM in SU no.2627/19 and in suit no. 1906/18 also the Court is busy in dictating Chamber Summons order in SU no. 3122/10. The case is adjourned.
The case is adjourned to 18.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Yadav h/f Adv. Shukla for plaintiff, tendered registered NM no.2457/19.
Adv. Chavan for MCGM, prayed for adj to file reply.
Matter is adjd. for  to 11.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. for plaintiff absent.
Adv. Mrs.Mhatre for deft./MCGM, prayed for adjd to file reply.
Mrs. Shweta daughter of plff is present.
Matter is adjd. for NM reply on 17.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: Due to Ganpati Festival matter adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjd. for NM reply to 16.03.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Mr. Shukla for plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Heard both the sides.
Rozanama dated 26.06.2019 shows that the officer of defendant Ms. Yogita Patil, Jr. Engineer, S/ward had made statement that SRA is a competent authority to take action and the defendant corporation is not involved in the matter. Further defendant will not at upon the notice dated 05.09.2015. Hence, in view of the statement of the officer NM No. 2457/2019 is disposed of.
Matter is adjourned for w/s to 17.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: Due to covid 19 matter adjourned to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv B.P. Shukla present for plaintiff.
Adv. Miss. Mhatre for defendant/MCGM is present.
Adv. for defendant orally requested for time for filing written statement. Granted as a last chance.
Adjourned for Wr St. to 22/02/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO at 2.55 pm.
Adv. Mr. J.S. Yadav for plaintiff is present.
Advocate for the defendant/MCGM filed WS It is marked at
Exh. 02. along-with list of documents. TOR.  It is marked at
Exh. 03.O-Filed.
Copy supplied to the plaintiff.
Adjourned for draft issues to 19.04.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: H.H.J. gone to training, hence matter adjourned to 07.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
The parties are absent to file draft issues.
Adjourned for framing of issues to 03.09.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
The Court is busy in recording evidence in SU Nos. 2753/14, 735/15 and 1509/16.
Adjourned for framing of issues to 17.01.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy recording evidence in SU 7757/2001.
Adjourned for framing of issues to 28.03.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
The Court is busy in dictating judgment in SC No. 138/2022 and recording evidence in SC No. 96/2022.
Adjourned for framing of issues to 15.06.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Daughter of the plaintiff is present.
Adv. Mrs. Smita Chavan for defendant/MCGM is present.
The Court is busy in recording evidence in SU No. 7796/2001.
Adjourned for issues to 08.08.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present.
Issues are framed at Exh.4.
Adjourned for filling documents on affidavit (LN) to 05.09.2023.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: The plaintiff is present in person.
Adv. Mr. J.S. Yadav for the plaintiff is present and submitted that in view of the statement dtd. 16.3.2021 of Mrs. Yogita Patil, JE, ‘S Word’, the matter may be referred for lok-adalat for withdrawal.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: The plaintiff is present in person.
Adv. Ms. Sunita Dubey for the plaintiff is present and informed that the plaintiff wants to proceed with the matter.
Adv. Mr. Khandagale for defendant/BMC present.
Matter is adjd for filling documents on affidavit to 07.11.2023.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and requested time to file evidence. Time is granted lastly.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for RE to 21.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Mr. Sagar Chaourasiya h/f Adv. B.P. Shukla for the plaintiff is present and requested time to lead evidence, as witness is not available. Time is granted strictly as last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for RE (PH) to 06.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: Mrs. Shweta Anil Ruke for plaintiff is present. Her advocate is absent. On her say, the matter is kept back.
Adv. Mr. Khandagale for defendant/MCGM is present.
Later on at 12.30 p.m.
The appearance is as above.
Adv. Mr. B.P. Shukla for the plaintiff is present and sought time to lead evidence. Time is granted.
Adjourned for RE (PH) to 19.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present and sought time to lead evidence. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal. Adv. Mr. Khandagle for defendant/MCGM is present.
Adjourned for dismissal to 25.04.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present. On his say, the matter is kept back.
Adv. Mr. Khandagale for defendant/MCGM is present. He submitted that in view of the WS, it is already informed that the structure is demolished.
Later on 12.00 p.m.
Adv. Mr. Shivam Gaude h/f Adv. B.P. Shukla for the plaintiff is present and sought time to proceed with the matter. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for dismissal. Rest appearance is as above.
Adjourned for dismissal to 15.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Adv. Mr. Shailesh Pal h/f Adv. Yadav for the plaintiff is present. On his say, the matter is kept back for filing evidence.
Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Later on at 1.00 p.m.
The appearance of defendant is as above.
Adv. Mrs. Sunita Dubey for the plaintiff is present. On her request, the caption is changed. She filed the evidence affidavit on record. Taken on record. It is marked as Exhibit 5. O- R and R. Copy is supplied to the other side. She sought time to file documents on affidavit. Time is granted.
Adjourned for filing documents on affidavit/RE (PH) to 23.07.2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Mr. Jitendra Patel h/f Adv. B.P. Shukla for the plaintiff is present and sought time to file documents. Time is granted.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present.
Adjourned for filing documents/RE (PH) to 05.09.2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and tendered list of documents. Taken on record. It is marked as Exhibit 6. O- Filed. Other side to say on exhibition. Copy is supplied to the other side.
Adv. Mrs. S.R. Charatkar for defendant/ MCGM is present.
PW-1 Mr. Sweta Anil Ruke is resumed on SA and her cross-examination is deferred till the next date.
Adjourned for admission denial/R/E P.H. to 12.11.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: The plaintiff is present in person. Adv. Mr. J.S.Yadav for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/ MCGM is present and endorsed say on list of documents Exhibit 6.
Adjourned for consideration to 03.01.2025.
Next Purpose: CONSIDERATION
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: Shweta Anil Ruke, Wife Adv. Mr. Darshan Jain h/f Adv. Mr. Kudalkar for the plaintiff is present.
Adv. Mrs. Charatkar a/w Adv. Mr. Yadav for defendant/MCGM is present.
Document at Sr. No.1 is notaries Power of Attorney exhibited by plaintiff in favor of Shweta Ruke. Document Sr. Nos.2 and 4 are original Electricity Bill. It is also original. Document No.5 Voters ID. Document sr. No. 6 notice dtd. 05.09.2015. Document Sr Nos. 9 and 10 are the letters dated. 27.09.2018 and 26.10.2018. Hence, these documents are exhibited serial. Document at Sr. No.3- Agreement for Sale deals with delivery of possession, and therefore, it is the Conveyance, requiring payment of requisite stamp duty. However it is executed on the stamp paper of Rs.100/-, which is apparently deficit. Therefore, the agreement to sale is not admissible in evidence and can not be exhibited. The plaintiff is called upon to take suitable steps before admissibility of this agreement as evidence. Rest of documents are  photocopies and plaintiff not laid down foundation for leading secondary evidence. Hence, it can not be exhibited.
Exhibit 7 -  Power of Attorney dtd. 01.11.2018.
Exhibit 8- Electricity Bill. It is marked at Exhibit 8.
Exhibit 9(colly)- Electricity Bill (old and new).
Exhibit 10- Election Identity Card.
Exhibit 11- Notice dtd. 05.09.2015.
Exhibit 12- Letter dtd. 27.09.2018.
Exhibit 13- Letter dtd. 26.10.2018.
Adjourned for RE (PH) to 04.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and sought time to lead evidence as witness is not available. Time is granted. Adv. Mrs. Sheetal Metkari for defendant/BMC is present.
Adjourned for RE (PH) to 13.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: Adv. Mr. J. S. Yadav for the plaintiff is present and sought time to procure the presence of witness. Time is granted. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for RE (PH) PW-1 to 10.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Adv. Mr. Jitendra Patel h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/ BMC is present. Kept back.
Later on 11.50 a.m.
Adv. Mr. Abhishek Shukla for the plaintiff is present and filed application for adjournment. Taken on record. It is marked as Exhibit 14. O- Other side to say. Say filed. Heard. O- Adjournment  is granted as last chance.
Adjourned for RE (PH) to 17.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: CA of the plaintiff is present and sought adjournment as advocate not available. Time is granted. Adv. Mr. S.R. Yadav for defendant/ BMC is present.
Adjourned for RE to 11.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. PW-1 is present. Kept back.
Later on 11.30 a.m.
None present for the plaintiff. Rest appearance is as above.  PW-1 Mr. Sweta Anil Ruke is resumed on SA and she is partly cross examine by advocate for defendant/BMC.
Adjourned for RE (PH) to 03.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: court is on leave, hence adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. PW-1 Mr. Sweta Anil Ruke is resumed on SA and her cross-examination is completed by advocate for defendant/BMC.
Adjourned for RE (PH) to 06.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 12.29 p.m.
The appearance is as above.
The advocate for plaintiff filed evidence close pursis. Taken on record. It is marked as Exhibit 15. O- Seen put up on record.
Adjourned for RE (defendant) to 06.02.2026.
                                                                                                 Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and seeks time to adduce evidence. Time is granted.
Adjourned for RE (BMC) to 26.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: Adv. Ms. Sunita Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present and seeks time to adduce evidence. Time is granted.
Adjourned for RE (BMC) to 09.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Today matter is fixed for recording evidence of defendant. Record shows that on 06.01.2026, the plaintiff has closed his evidence by way of filing pursis on record and since then matter is adjourned for recording evidence of defendant/BMC. Defendant/BMC seeks time to adduce evidence, today time is granted as last chance.
Adjourned for RE (BMC) to 09.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: Adv. Mr.  J. S. Yadav for the plaintiff is present.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present and tendered affidavit of evidence alongwith documents. It is marked as Exh.15 and 16 respectively.
Mr. Sushant Ramesh Patil, Road Engineer, Maintenance Department, S- Ward is present.
Adjourned for Say on documents at Exh.16 to 30.07.2026.
Next Purpose: FILING SAY
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: court is on leave, hence adjd. to
Next Purpose: FILING SAY
Next Hearing Date: 15-10-2026

NOTICE OF MOTION/102457/2019

Filing Number: 106867/2019
Filing Date: 24-06-2019
First Hearing Date: 26th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE