Musa Raja Bilakhia +6 moreVsAsst. Commissioner G/North Ward Municipal Office +1 more

Date: 27-06-2019
Business: By precipe
Advocate for plaintiff present.
Advocate Mr. Vikram Walawalkar a/w Mr. Dhumale for deft./BMC present and copy of the structural audit report is filed, copy of the same has  served on the advocate of plaintiff.
Officer Mr. Padmanabh Angane, J.E., Maintenance Dept., present.
Officer Mr. Shantaram Gosavi, A.O., Estate Dept., present.
Earlier order, if any, to continue till next date. Advocate for BMC strongly oppose for continuing earlier order. Now time is 5.55 pm. therefore, earlier order continued.
Advocate for plaintiffs makes a statement that plaintiffs will be responsible for any untoward incident if take place in the meanwhile harming the plaintiffs or the passerby. Said statement is accepted.
Adjourned for ad-interim hearing to 11.07.2019.
Sheristedar is directed authenticated copy given to both the parties.
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Dhumale for defendant/BMC present.
Leave is granted to register NM.
Earlier order, if any, to continue till next date.
Adjourned for filling reply to 19.07.2019.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Advocate for plaintiff present.
Advocate Dhumale for deft./BMC present. And Filed reply and list of documents. Copies served on the plaintiff.
Earlier order, if any, to continue till next date.
Adjourned for N.M. Hearing on 24/07/2019.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: (Matter pertains to C.R. 6)
Advocate for plaintiff is present.
Advocate Mr. Sutar for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 05.08.2019.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Advocate for plaintiff is present and filed rejoinder to NM. Copy served.
Time is extended to register the NM.
Advocate Mr. Walawalkar a/w Mr. Dhumale for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 21.08.2019.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: CORAM -H.H.J. SHRI. S. N. YADAV (C.R.05)(Incharge of CR. NO. 06)
(Matter pertains to C.R. 6)
Advocate for plaintiff is present.
Advocate for defendant absent.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 30-09-2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Kumawat for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 21.11.2019.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Dhumale for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 30.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Advocate for plaintiff present.
She informed that plaintiff no. 1 has demised. Therefore she wants to take steps.
Advocate Sutar for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for Steps/N/M Hearing to 02/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Due to Covid-19. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Court busy in hearing arguments on St. No. 4586/2020 and SU 770/2021.
Earlier order, if any, to continue till next date.
Adjourned for N/M Hearing to 07/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to Covid-19. matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Matter pertains to C.R. No. 06
Advocate for plaintiff present.
Advocate for plaintiff present and filed application for continuation of earlier order of status-quo, taken on record and marked as Exh. 2.
None present for defendant/BMC.
Order-other side to say.
O- Adv.  for BMC is absent for say. Therefore earlier order if any, extended till next date.
Adjd for NM Hearing to 28.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to 19.01.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: In view of office order no.7/2022 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.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to 16.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Advocate Hardik Desai for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Time is extended to register Notice of Motion before next date.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  27.04.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Time is extended to register Notice of Motion today itself
Advocate for plaintiff filed registered Notice of Motion No. 1617/2022.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  19.08.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Advocate Hardik Desai for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  23.11.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to 27.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Advocate Maaz h/f P.D. Gandhy for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  31.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Advocate  Tejas Shah h/f P.D. Gandhy for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  05.07.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Advocate P. D. Gandhy present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 06-09-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Advocate Hardik Desai present for plaintiff and sought adjournment..
Advocate Deepali Patil present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for Nm hearing  to 25/10/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Advocate Kamlesh Varma h/f P.D. Gandhi  present for plaintiff.
Advocate Ekra Qureshi  present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 31/01/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Advocate Chudasama present for plaintiff and submitted plaintiff is willing to withdraw the present suit on next date.
Advocate Deepali Patil  present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 12.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Matter pertain to CR. NO.6
Advocate Hardik Desai present for plaintiff.
Adv. Iqra Qureshi i/b Vikram Valawalkar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM Hearing to 19/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Advocate Purva Pendulkar h/f Adv. Hardik Desai present for plaintiff and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 18.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Advocate Nisha Thakkar h/f Adv. Hardik Desai present for plaintiff and sought adjournment. O - Granted.
Advocate Sayali Gangal h/f Adv. Vikram Walavalkar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 08.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Advocate Darshi Zaveri h/f Adv. P. D. Gandhi present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Counsel for defendant/BMC no. 1 submitted that there is one connected matter posted on 24.03.2025 vide case no. 1341/2021. The plaintiff to make the clarity in regard to withdrawal of the suit.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 24.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Matter pertain to CR. NO.6
Advocate Hridaya Mestry h/f Adv. P. D. Ghandy present for plaintiff.
Adv. Bibhishan Sutar a/w Adv. Amar Patil a/w Adv. Rohan Desai h/f Vikram Walawalkar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 20-06-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: Matter pertain to CR. NO. 06
Advocate Dipti Jadhav h/f Adv. Hardik Desai present for plaintiff.
Advocate B. Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 18-07-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Advocate Gaurav Gandhi h/f. Adv. Pradeep Gandhi present for plaintiff and filed application of withdrawal a/w the intimation given to the plaintiffs throught the RPAD at Exh.3 and 4 respectively. It shows that the Plaintiffs are not interested to conduct this suit. However for the ends of justice matter is adjourned as a last chance. The plaintiff is hereby directed to remain present before the court and to take suitable steps for the hearing of NM otherwise the NM will be dismissed for want of prosecution.
Advocate Rohan Desai h/f. Adv. Vikram Walavalkar present for defendant/BMC.
In view of oral submissions Earlier order if any to continue till next date.
Matter adjourned for NM Hearing to 08/10/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: None present for plaintiff.
Advocate B. Sutar present for defendant/BMC.
Matter adjourned for NM hearing to 19.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for NM hearing to 18.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2026

Date: 18-02-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff and his advocate are absent Since October-2025. It appears that the plaintiff is not interested in proceeding with the hearing of Notice of Motion. Hence NM No. 1617 of 2022 is dismissed in default and for want of prosecution. Proceedings in NM No.  1617 of 2022 is closed. Parties to take note.
Matter adjourned for taking steps to 10.04.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for draft issues.
Considering the element of settlement, matter is kept in Lok Adalat which is scheduled to be held on 09.05.2026. Parties to take note.
Matter adjourned for Lok Adalat to 09.05.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: None present for plaintiff.
Adv. Rupali Patil for defendant/MCGM present.
Matter not settled in Lok-Nyayalaya so it is referred to regular court.
Matter adjd.  to 13.07.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: Plaintiff and his advocate are absent.
Advocate  Bibhishan Sutar present for defendant/BMC.
Plaintiff and his advocate are absent for taking steps in this suit for last more than one year. It appears that, plaintiff is not interested with proceedings with the suit. In the absence of the plaintiff, the suit cannot proceed further. Hence, suit is dismissed in default and for want of prosecution. Parties to bear their own cost. Proceedings in suit No. 1561/2019 are closed. Parties to take note.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 13-07-2026

NOTICE OF MOTION/101617/2022

Filing Number: 106896/2019
Filing Date: 25-06-2019
First Hearing Date: 27th June 2019
Decision Date: 13th July 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE