Date: 29-06-2019
Business: Mentioned by precipe. NOB. TOB.
Adv. Mohan Shetty for plaintiff present and tendered draft NM with affidavit. Leave is granted to register the NM.
Adv. Khandagle for MCGM/Deft. present.
Heard arguments of Adv. for plaintiff.
On oral request of ld adv for def., matter is adjourned till next date for ad-interim hearing. Defendant to maintain status-quo of the suit premises till next date.
Adjd to 05.07.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Mohan Shetty for plaintiff present and tendered original NM No. 2434/19 with affidavit. He also tendered original writ of summons.
Adv. Khandagle for MCGM/Deft. present and filed documents. Copies given to other side.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint, documents filed by defendant MCGM along with affidavit and heard both sides. The plaintiff challenges show cause notice u/s 351 of MMC Act in respect of alleged unauthorized construction of shop in compulsory open space of the building as given in the notice. By the said notice plaintiff is directed to show sufficient cause why such building shall not be removed, altered or pulled down. Explanation to section 351 (b) provides meaning of to show sufficient cause to mean to prove that the work mentioned in the said notice is carried out in accordance with provisions of sections 337 or 342 or sec. 347 of MMC Act. In the instant matter plaintiff relies his claim of such sufficient cause on rent receipts, registration certificate of the shop, electricity bills, telephone bills. None of these documents establish that the building is erected in accordance with above provisions. Ld. Adv. for the defendant has tendered sanctioned plan of the building which does not show existence of the suit premises/shop. The plaintiff has averred that the suit shop is in existence since prior to 1962 but his rent receipts are starting from 1983. As such there are no document to prove authorization of the suit shop or that it is tolerated structure under the policy of defendant MCGM. Hence plaintiff is not entitled for ad-interim relief and the same is rejected.
Adjd to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Adjd to 20/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
Adjd to 11-03-2020 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: None for plaintiff.
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: 28-09-2020
Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.2434/19. Time is granted till next date.
Matter adjd to 22/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021
Date: 09-08-2021
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 13/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on Ad-interim reliefs of CR NO.08 and CR NO.11, board is discharged and matter is adjourned.
Adjd. To 20/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 21/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
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 15/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
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 10/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2022
Date: 10-10-2022
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 16/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is busy in urgent hearing. Hence, board is discharged.
Adjd. to 21/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As Court is busy in hearing urgent N/M and ad-interim relief and passing order in N/M, board is discharged.
Adjd. to 15/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: None present for plaintiff
Advocate Mhatre h/f Adv. Suryavanshi for defendant/BMC present and seeks time to file reply to NM, Time is granted.
Adjd to 07.08.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Adjd to 20.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: None for plaintiff
Adv. Mrs. Mhatre for B.M.C. present and requested time to file reply to N/M-Granted
Adjd. to 29/9/2023 for N/M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted
Adjd to 30.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and tendered NM Reply. Taken on record. Copy of plaintiff kept in R & P.
Adjd to 24.11.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Today matte is posted for NM hearing but none present for plaintiff. Hence matter adjourned and kept for dismissal of NM
Adjd to 16.12.2023 for Dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd to 20.01.2024 for NM Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
keep back
Later on 4.40 p.m
This NM is of year 2019 and it is pending for hearing. The roznama shows that since many dates neither plaintiff nor his Adv remains present. Hence NM is kept for dismissal but inspite of that today none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence I have no option but to dismiss the NM for want of prosecution. Hence I pass following order.
ORDER
Notice of Motion No. 2434/19 is dismissed for want of prosecution
Adjd to 13.03.2024 for NO WS order
Next Purpose: ORDER
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: None present for plaintiff.
Advocate Vyawahare for defendant/BMC present and filed pursis Exh. 5 adopting reply to NM as WS. TOR WS is marked as Exh. 6
Adjd to 19.07.2024 for hearing on issues and draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present.
Draft issues not filed, hence matter adjourned for framing of issues.
Adjd to 21.09.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar for defendant/BMC present.
As Court is busy in judgment in suit No. 1514/2015 and ad-interim order, hence matter adjourned.
Adjd to 19.10.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None for plaintiff.
Advocate Pooja Nagarthawar for defendants/BMC present.
As Court is busy in order in Ch/s No. 68/2024 and Ch/s 66/2024 and in NM No. 1386/23. Hence due to paucity of time matter adjourned.
Adjd to 25/10/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present.
Exh. 7- Issues framed.
Adjd to 02.12.2024 for plaintiff evidence/ R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant/BMC present.
Adjd to 29.01.2025 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: None present for the plaintiff to proceed with the suit. Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for dismissal to 15.03.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025
Date: 15-03-2025
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. Sangita Honmane for defendants/MCGM is present. The matter is kept back.
Later on at 12.22 pm
The appearance is as above.
Order Below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, she was absent and hence, the suit was kept back for her appearance, but in vain. Nor, any stay order is communicated on record. The suit is more than 06 years old. It is, thus, clear that she is not worried to proceed further with the suit. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents 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 IN DEFAULT
Disposal Date: 15-03-2025