Mr. Krishan Kishore Mohanlal SethVsMCGM +1 more

Date: 26-06-2018
Business: Adv. Mr. Bhosale for Plaintiff present.
Adv. Ms. Tadvi h/f. Adv. Giri for defendant / BMC present.
Adv. Mr. Bhosale filed the copy of order passed in A.O. No. 14999/2018. As per order stay is granted.  He also filed registered NM 2129/18 and tendered original writ of summons. t.o.r.
Adjd. to 07.08.2018 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. Bhosale  for plaintiff present.
Adv. Tadavi for defendant / BMC present.
Adjd. to 18.9.18   for Reply.
Next Purpose: REPLY
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Adv. Mr. S.K. Bhosale for plaintiff present.
Adv. Mrs. Kamble h/f. Adv. Ms. Vyavhare for defendant/ BMC present.
Matter adjd. to 30.11.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 01-11-2018

Date: 01-11-2018
Business: Adv Ravindra Singh for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
On oral request of ld adv for deft, adjournment granted.
Adjd to 8/01/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: As Court is on leave today, Board is discharged.
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Adv. Mr. S.K. Bhosale for Plff present and tendered draft Ch/s for brining LRs of deceased Plff Krishan Kishore Mohanlal Seth on record alongwith affidavit.
O. - Leave granted to register the Ch/s.
Order on draft Ch/s
The instant Ch/s is taken out for brining on record LRs of deceased Plff Krishan Kishore Mohanlal Seth who died on 24/1/2019. Said Ch/s is filed within limitation. Therefore Ch/s is allowed and made absolute in terms of prayer clause (a).  Amendment be carried out accordingly in the plaint on or before next date.
Ch/s be registered for statistical purpose.
Adjd to 23/4/2019 for compliance/N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: None for plaintiff.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. 1 and 2 present.
On oral request of ld adv for def., adjournment granted.
Adjd to 19.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: As P.O. is training at Uttan, matter is adjd. till next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 06-01-2020  for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Sharad Bhosle for plaintiff present.
Adv. Ms. Hajare h/f Khandagale for defendant/MCGM present and on her oral request, adjd. for filing reply to NM.
Adjd. for NM reply to 2/3/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. S.K.Bhosle  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
 Matter adjd to 24.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for plaintiff.
Adv. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Matter adjd to 15/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter adjd to 12/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv S.K. Bhosale for plaintiff present.
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 18/02/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
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 08/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and seeks time to file reply to N/M. Time is granted till next date.
Adjd. to 25/07/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: H.H.J. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None for plaintiff.
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 25/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
Adjd. to 22/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Court is busy in urgent N/M hearing, board is discharged.
Adjd. to 16/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Advocate  S. K. Bhosale for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and tendered reply to NM cum WS TOR and marked as Exh. 5            Copy is served upon plaintiff.
Adjd to 30.06.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: Advocate Latika h/f S.K.Bhosale for plaintiff present and seeks time to argue NM as Senior Adv. S. K. Bhosale is hospitalized. Time is granted
Advocate Suryavanshi for defendant/BMC present.
Adjd to 31.07.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: None present for plaintiff.
When called none present for plaintiff. Hence, the matter is of year 2018 and NM is pending since long for hearing but today none present for plaintiff. Hence, NM kept for dismissal for default.
Advocate Suryavanshi for defendant/BMC present.
Adjd to  04.09.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: P.O. is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Advocate Mr. Bhosale for plaintiff present
Advocate Mhatre for defendant/BMC present
Notice of Motion is kept for dismissal. Learned advocate for the plaintiff submitted that he has to file rejoinder to reply by N/M. Adv. for Corporation opposed adjournment stating that the matter is of road widening. However, considering the request adjourned as a short date.
Adjd. to 24.11.2023 for N/M rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Advocate S.K. Bhosale for plaintiff present and tendered rejoinder in NM No. 2129/2018.  TOR Copy is supplied to other side.
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to  15.12.2023   for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Plaintiff No. 1(a) present and submitted that Adv S. K. Bhosale is not feeling well. Hence matter adjourned on request.
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
Adjd  to 20.03.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to  19.06.2024  for NM Hearing and hearing on issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: None present for plaintiff.
Advocate  Botlawar   for defendant/BMC present.
Parties are not submitted draft issues, hence matter adjourned for framing of issues.
Keep back
Later on 2.58 .p.m
None present for plaintiff.
NM is pending for haring of NM and issues but none present for plaintiff. The suit is of year 2018, hence matter adjourned and kept for dismissal of NM.
Adjd  to 19.07.2024  for NM dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Plaintiff submitted that he is changing the advocate and requested adjournment. Hence matter adjourned as a one more last chance with condition that if plaintiff failed to proceed with the NM on next date same will be dimissed.
Advocate  Honmane    for defendant/BMC present.
Adjd  to    14.08.2024   for NM Hearing / dismissal of NM and hearing on issue
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Advocate Girish Jagtap i/b Niranjan Jagtap and co. for plaintiff present and tendered VP Marked Exh.6
Advocate Honmane  for defendant/BMC present.
Adv for plaintiff requested for time to aruge NM, hence matter removed the caption of dismissal of NM and kept for NM Hearing
Adjd  to  09.09.2024    for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Advocate Girish Jagtap for plaintiff present and seeking time to argue the NM. Hence time granted as last chance.
Advocate Honmane for defendant/BMC present.
Adjd  to 14-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Girish Jagtap i/b Niranjan  Jagtap and Co. for plaintiff present.
Advocate Honmane for defendant/BMC present.
keep back
Later on 4.35 p.m
same appearance
As Court is busy in judgment in suit No. 1072/09 and ad-interim hearing and order, matter adjourned.
Adjd  to  13.11.2024   for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate  Jagtap i/b Niranjan Jagtap and Co. for plaintiff present.
Advocate  Honmane    for defendant/BMC present.
keep back
This matter pertains to alternate accommodation in same area. Ld Adv for plaintiff submitted that plaintiff is asking for allotment for alternate accommodation in same area but Corporation has proposed alternate accommodation in Mulund, which is far away from the Chembur. Adv for deft/BMC submitted that she will take instruction from the concern Officer whether alternate accommodation can be provided in same locality.  Hence matter referred to Mahalokadalat on 14.12.2024
Plaintiff is directed to remain present on 14.12.2024 before 10.30 a.m
Adjd  to  14.12.2024 for  Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Adv. Vineet Jagtap present for plaintiff.
Adv. Holmane present from BMC.
Plaintiff present.
The parties could not settle the matter before the Lok Adalat. Hence, the matter is sent back to the concerned Court. Adj. to 29/01/2025.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Vinit Jagtap for the plaintiff is present and sought time to proceed with the matter. Time is granted. Adv. Mr. Honmane for defendant/MCGM is present.
Adjourned for NM hearing to 17.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Anoopkumar Pal  h/f Adv. Mr. Niranjan Jagtap for the plaintiff is present. He informed that the Mediation is failed and sought time to argue NM. Time is granted. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for NM hearing  to 09.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Vinit Jagtap i/b M/s. Niranjan Jagtap and Co. for the plaintiff is present and sought time to argue NM.
Adv. Ms. Sangita Honmane for defendant/MCGM is present. She raised strong objection for adjournment.
Advocate for plaintiff also ensure that to give the status about pending AO before the Hon’ble Bombay High Court. Time is granted strictly as a last chance.
Adjourned for NM hearing to 25.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Jagtap for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 3.45 pm
The appearance is as above.
Partly heard argument of both sides on NM.
Adjourned for further argument on NM/P.H. to 12.09.2025.
Next Purpose: NM  P.H.
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Jagtap for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
This is matter pertains to alternate accommodation in same area.
The plaintiff is opted for alternative option. More so the AO is pending before Hon’ble Bombay High Court wherein ad-interim protection is granted. In view of this scenario, as matter of last chance the matter is adjourned for argument on NM.
Adjourned for NM hearing/P.H. to 10.11.2025.
Next Purpose: NM  P.H.
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Jagtap i/b Niranjan Jagtap and Co. for the plaintiff is present.
Adv. Ms. Vidya Vyavhare   for defendant/MCGM is present.
Adjourned for NM hearing/P.H.to 03.12.2025.
Next Purpose: NM  P.H.
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Jagtap i/b Niranjan Jagtap and Co. for the plaintiff is present.
Adv. Ms. Rupali Patil h/f Adv Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing/P.H. to 05.01.2026.
Next Purpose: NM  P.H.
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Vineet Jagtap i/b M/s. Niranjan Jagtap and Co.  for the plaintiff is present
Adv. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 11.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Not on Board Taken on Board – By praecipe - Exhibit 7
Adv. Vineet Jagtap i/b M/s. Niranjan Jagtap and Co. for the plaintiff is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Heard argument of both sides on ad-interim relief.
ORDER
1.	Plaintiff has already filed Notice of Motion No. 2129/2018, which is pending for argument. Today, he has pressed for ad-interim order against the Corporation as the Corporation has issued notice dated 16.02.2026 to demolish the suit structure today (on 23.02.2026). According to him, the Corporation would demolish the suit structure today. Therefore, the notice for demolition needs to be stayed.
2.	As against, the Ld Adv of BMC filed say, stating that, already this Court had refused ad-interim relief. Against the said Order, the plaintiff has approached to Hon’ble High Court wherein, his Appeal From Order No. 474/2019 also stands disposed of on 08.10.2025 and no ad-interim relief was granted.
3.	No doubt, the Corporation has issued demolition notice. However, since 2018, plaintiff is prolonging the matter by one or other pretext. The suit structure is falling in the alignment of proposed DP Road widening. The Corporation had already granted alternate accommodation, however, plaintiff did not accept. Even, Corporation has also suggested him to accept consideration amount in lieu of suit structure but he did not availed the same. It means, plaintiff is not accepting any of the proposal of the Corporation and making hurdle for road widening the DP road. It is infrastructure project, which can not be held up.
4.	 It is pertaining to note that, U/s. 20A of Specific Relief Act, Court shall not grant injunction in respect of the property involving a contract relating to and infrastructure project specified in the Schedule, where granting injunction would cause impediment or delay in the progress  or completion of such infrastructure project. In the circumstances, at any cost, the infrastructure project can not be stayed. Hence, the prayer of the plaintiff regarding to stay the impugned demolition notice dated 16.02.2026 stands refused.
Already adjourned to 11.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing to 24.06.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr.Veenit Jagtap for the plaintiff is present and urge that the NM No. 2129/18 is became infructous hence he does not wants to press. Thus, the NM 2129/18 stands finally disposed off.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for framing of issues and  hearing to 31.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2026

Date: 31-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Vinit Jagtap for the plaintiff is present and filed draft issues.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Exhibit. 8  - Issues framed
Adjourned for R. E. to 05.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2026

CHAMBER SUMMONS/100553/2019

Registration Number: 101432/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 106908/2018
Filing Date: 15-05-2018
First Hearing Date: 26th June 2018
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE