Ashok Arjun RukeVsMCGM

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.2456/19.
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. Chavan for deft./MCGM, prayed for adjd to file reply.
Mr.Ashok Ruke, 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: Advocate Mr. Singh for plaintiff is present.
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. 2456/2019 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: Plaintiff is present in person.
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: Mr. Arvind Ruke, brother 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.3.
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: Mr. Arvind Ruke, brother of plaintiff is present.
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. He also referred to the letter, filed at page 31 of the plaint compilation.
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 4. 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 5. 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.
Adjourned for admission denial/RE. 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 5. PW-1 Mr. Ashok Arjun Ruke is resumed on SA and his cross-examination is deferred till the next date.
Adjourned for consideration to 03.01.2025.
Next Purpose: CONSIDERATION
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: The plaintiff is present in person. Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Charatkar a/w Adv. Mr. Yadav for defendant/MCGM is present. Order on exhibition of documents.
Documents at Sr. Nos. 3 to 5, 8 and  9 are original electricity bill, voters ID and notice by the Assistant Engineer S ward of the BMC to the plaintiff. Hence, these documents be exhibited. Document at Sr. No.2- 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.
Exhibit 6(colly)- Electricity Bills (old and New).
Exhibit 7- Election Identity Card.
Exhibit 8- Notice dtd. 05-09-2015.
Exhibit 9- Letter dtd. 27-09-2018.
Exhibit 10- 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 11.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. PW-1 is present.
Adv. Mr. S.R. Yadav for defendant/BMC is present and requested time for cross-examination of witness.
Adjourned for RE (PH) to 17.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Witness is present. Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Judgment in SU No. 4497/2013.
Adjourned for RE (PH) to 21.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2025

Date: 21-06-2025
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. The Court is busy in dictating Judgment in SU No. 331/ 2016.
Adjourned for RE(PH) to 24.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Kept back.
Later on 11.31 a.m.
The appearance is as above. The advocate for plaintiff submitted that plaintiff’s relative has expired and he is went to his native place. Hence, matter shortly adjoined.
Adjourned for RE to 16.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025

Date: 16-09-2025
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. PW-1 Mr. Ashok Arjun Ruke is resumed on SA and his cross-examination is cross-examination is completed by advocate for defendant/BMC.
Adjourned for RE to 28.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: The plaintiff is present in person. Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 12.10 p.m.
The plaintiff is present in person. His advocate is absent. The advocate for defendant/BMC filed evidence on affidavit. Taken on record. It is marked as Exhibit 11. O- R and R. He also filed list of documents. Taken on record. It is marked as Exhibit 12. O- Other side to say. Copies are supplied to other side.
Later on 12.22 p.m.
The plaintiff is present in person. Adv. Mrs. Sunita Dubey for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for filing say on Exhibit 12 to 25.11.2025.
Next Purpose: FILING SAY
Next Hearing Date: 25-11-2025

Date: 25-11-2025
Business: Plaintiff present.
Adv.J.S. Yadav for plaintiff present and filed handwritten say on Exh-12 itself.
Adv. Mr. Santosh Yadav for defendant/BMC is present.
Heard both the sides on Exh-12.
Adjourned for order on Exh-12 to 06/01/2026.
Next Purpose: ORDER
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. Today matter is listed for Order  on Exhibit 12. However, as the assignment of this Court is changed from 03.01.2026. Hence, put up record for hearing on Exhibit 12.
Adjourned for hearing on Exhibit 12 to 06.02.2026.
Next Purpose: HEARING
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: The plaintiff is present in person. 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. Hearing heard advanced by both the side. Say given by plaintiff disclosed that, document of Sr. No.1 and 3 are already marked Exhibit as Exhibit 8 and 9. While document No.2 is admitted by the plaintiff. Hence, considering the fact document No.2 letter dtd. 28.8.2011 is marked Exhibit 13. Parties to take note. Matter adjourned for cross of DW-1.
Adjourned for cross of DW-1 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 secure presence of witness. Time is granted.
Adjourned for RE (BMC) to 09.06.2026.
                                                                                                 Judge
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. Kept back.
Later on 12.45 p.m.
Adv. Mr. Abhishekh Shukla for the plaintiff is present. Rest appearance is as above.
DW-1 Mr. Sushant Ramesh Patil is resumed on SA and his cross-examination is completed by advocate for plaintiff.
The advocate for defendant/BMC filed evidence close pursis. Taken on record. It is marked as Exhibit 14. O- Seen.
Adjourned for argument to 23.06.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: Court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and seek time for argument. O- Time is granted.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for Arguments to 06.08.2026
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: As per officer order No. 219 of 2026 dtd. 21.07.2026. PO is on training at Uttan. Hence, board is discharged.
Matter adjourned to 17.09.2026
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: None present for the plaintiff.
Adv. Santosh Yadav  for defendant/BMC is present.
Adjourned for  Argument of BMC to 24.09.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2026

NOTICE OF MOTION/102456/2019

Filing Number: 106868/2019
Filing Date: 24-06-2019
First Hearing Date: 26th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE