Date: 26-06-2019
Business: Mentioned by precipe. NOB. TOB.
Adv. S. K. Dubey for plaintiff present and tendered draft NM with affidavit. Leave is granted to register the NM r/o next date.
Adv. Khandagle for MCGM/Deft. present.
Heard, arguments of both sides.
Order on ad-interim reliefs.
Perused NM, plaint, documents annexed to the plaint and heard both sides. The plaintiff challenges proceeding u/s 3Z-1 of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act 1971 particularly the notice dtd. 11.06.2019, final order dtd. 12.06.2019 and another order dtd. 22.06.2019. Such notice is issued for unauthorized or illegal structure erected after 01.01.2000 without obtaining necessary permission required under relevant laws. Ld. Adv. for plaintiff has pointed out that the pitch holder card of previous owner shows payments prior to the year 2000. However, there is nothing to show that the said card pertains to the suit premises. Other documents show long occupancy of the plaintiff but fall short to prove necessary permission under relevant laws. According to ld. Adv. for plaintiff defendant MCGM has not passed speaking order after considering reply of the plaintiff. But after issuance of notice dtd. 11.06.2019, 24 hours time was given in compliance of section 3Z-1 (3) of the above Act and thereafter, order was passed on 12.06.2019. In that backdrop subsequent reply by the plaintiff was not useful. Even then the officer has mentioned in his order dtd. 22.06.2019 that documents submitted by plaintiff do not contain any document showing previous permission of defendant. From this it is clear that defendant MCGM has followed due process of law. The plaintiff has failed to show existence of suit premises prior to 01.01.2000 or that it is constructed with previous permission under relevant law. Hence ad-interim relief is rejected.
Adjd to 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Plff is directed to register draft N/M on or before next date.
Adjd to 11.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Time extended to till next date to register N/M.
Adjd to 16/10/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Plaintiff is directed to tender original registered NM 3585/19 on or before next date.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 27-11-2019 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Advocate Mr. Mukesh Dubey for plaintiff present and tendered registered Notice of Motion no.3538/19 with affidavit in support, t.o.r.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Case is adjourned to 05/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 20.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Adv. Karan Singh h/f Adv. S.K. Dubey for Plaintiff.
Adv Mr. Khandagle for Defendant/MCGM present.
Matter adjd to 19.06.2020 for N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to reply to NM No.3585/19. Time is granted till next date.
Matter adjd to 10/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 21/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 08/12/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Mr.Mukesh Dubey present for the plaintiff.
Adv Mrs. Tondwalkar for Defendants/ MCGM present and seek time to file NM reply. Time is granted till next date.
Matter is adjd to 23.03.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 11/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 07/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 21/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Adjd. to 24/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 28/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to Notice of Motion. Time is granted.
Adjd to 25.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. Dubey for plaintiff present
Adv. Mr. Suryavanshi for defendant/B.M.C. present and requested time to file reply to N/M.
Adjd to 8/1/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 06.03.2024 for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: As Court is busy in hearing ad-interim matter and ch/s order, Board is discharged. Hence matter adjourned.
Adjd to 14.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2024
Date: 14-06-2024
Business: None present for plaintiff.
Advocate Botalawar for defendant/BMC present and seeks time to file reply to NM.
Suit is of year 2018 and since long it is pending for reply of BMC. However in the interest of justice time is granted as a last chance
Adjd to 21.08.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Adjd to 23.10.2024 for NM REply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019
Adjd to 04.12.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as one more last chance.
Adjd to 13.01.2025 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply.
Adjourned for NM hearing (No reply)/Writ of summons to 14.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, NM No. 3585/2019 stands dismissed in default. Adv. Ms. Sujata Puri for defendant/ MCGM is present.
Adjourned for writ of summons to 09.04.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to tender writ of summons. Hence, the suit is posted for dismissal. Adv. Ms. Sujata Puri for defendant/ MCGM is present.
Adjourned for dismissal to 19.07.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
keep back
Later on at 12.25 p.m
None present for the plaintiff.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. NM is already dismissed for default. Even thereafter no positive steps have been taken by the plaintiff. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
The Original documents, if any, 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: DISMISSED
Disposal Date: 19-07-2025
