Mr. Kalam Imam ShaikhVsMCGM +2 more

Date: 27-06-2019
Business: BY PRECIPEE
Adv.Mr.G.B. Naik for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Mr.Vinod Ghane, Sub Engineer, B and F Department.
Exh.1 - Plaint
Exh.2 - Vakalatnama. O-Seen and filed.
Exh.3 - Address Memo. O-R and R.
Exh.4 - List of documents. O-Seen and filed.
Exh.5 - Affidavit in support of plaint.
List of documents.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
   Heard Ld.Adv.for the Plaintiff and Ld.Adv.for the defendant/MMC.  In the suit the Plaintiff had prayed for quashing and setting aside the impugned notice dated 25.06.2019 issued in respect of suit structure and further had prayed for perpetual injunction.
         Admittedly, the Plaintiff was served with notice U/S.55 of MRTP Act on 20.03.2018. The Plaintiff has challenged the same before Hon\''ble High Court in WP No.4488/2018. The Hon\''ble High Court granted protection to the Plaintiff vide order dated 10.04.2018.
            It is further contended that the petition relating to the  subject matter of the present suit filed in Hon\''ble High Court is dismissed due to default. It needs to be noted that a remedy is already adopted by the Plaintiff and the petition is filed before the Hon\''ble High Court and the same is dismissed for want of prosecution. The remedy available for the Plaintiff is to seek restoration of the petition dismissed for want of prosecution and not the present suit.
             Interestingly, the Plaintiff seeks to challenge only the notice u/S.488 and the notices issued u/S.55 are not sought to be challenged. In circumstances the Plaintiff is not entitled for interim protection as prayed for. The prayer of the Plaintiff for interim protection stand rejected.
Matter adjd to 02.08.2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Adv.Imtiyaz Patel for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Matter adjd to 20.09.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: As Court is busy in hearing arguments in Su. Nos.106/09 to 109/09, 111/09 to 115/09, 117/09, 1620/19 to 1622/19, 1627/09, 1329/15, cross examination in Su. Nos. 1728/16 and 2323/10 and other misc. work hence, board is discharged.
Matter adjd to 23/10/2019 for hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: As Court time is over in recording evidence, hearing arguments, passing orders and misc. work hence, matter adjd to 27/11/2019 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
Matter adjd to 31/01/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present.
Adv. Mr. Suryavanshi/Nandanwar for the defendant  MCGM  present
Issues are framed.
Matter is adjd to 28/02/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Wrongly on today\''s board. Already adjd. to 21/03/2020.
Adv. Mr. Nandanwar for MCGM/deft filed Written Statement t.or. marked as Exh.07. Filed.
Matter is adjd to  21/03/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of the outbreak of Coronavirus (2019-Noov).
Hence Board is discharged.
Issues framed at Exh.8.
Matter adjourned for list of witness to 10.07.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Business: In view of Covid-19, board is discharged, adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for RE to 06.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for RE to 12.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: None present for plaintiff.
Adv. Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for RE to 07.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
Matter adjourned for
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: None for plaintiff.
Adv. Soran for MCGM/defendant.
Matter adjourned to 06.12.2021 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: None present for plaintiff.
Adv. Diwate present  for MCGM/defendant.
It appears that, since long As plaintiff and his adv. absent, and he did not adduce the evidence. Hence, Matter adjourned for dismissal order to. 18/02/22.
Next Purpose: ORDER
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. Shaikh present  for plaintiff.
Adv. Soraan present  for MCGM/defendant.
Plaintiff\''s adv. and tendered application for  adjournment t.o.r marked as Exh-09.
Order on Exh. 09.
Considering the reason the application Exh. 09 is allowed.
Matter is adjd. steps/order to 04/04/22.
Next Purpose: ORDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
KB
L.O.
Plaintiff remained absent. Evidence is not tendered. Hence matter be posted for dismissal.
Matter is adjd for dismissal on 15-06-2022
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for dismissal on 19-08-2022
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for dismissal on 17-10-2022
Next Purpose: DISMISSAL
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Adv Mohd. Shoeb for Plaintiff present and tendered registered Notice of Motion No.2774/19 along with affidavit in support. TOR.
Adv. Mr. Diwate for MCGM/ defendant  present.
Matter is adjd for NM reply on 08-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: As court is busy in Orders Matters i.e. L.C. Suit No. 313/22 to 320/2022,777/14 and M.A. 71/22. Hence want of time board is discharged.
Matter adjourned for Dismissal on 27-03-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: As per Office order dtd. 24.03.2023 Hon\''ble Presiding Officer is going for visit to Observation Homes and Children\''s Home in Bombay District. Hence, want of time board is discharged.
Matter is adjd for dismissal on 07-06-2023
Next Purpose: DISMISSAL
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv. Mohommad Shoiab h/f Adv. Imtiyaz Patel for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Ld. Adv. for the plaintiff not pressed the NM No. 2774/19.  Hence, following order is passed
ORDER
1.  The NM No. 2774 of 2019 stands disposed of for want of prosecution as not pressed.
2. NM No. 2774/2019 is hereby disposed off accordingly.
Matter is adjd  to 26.07.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Adv. Mohommad Shoaib h/f Adv. Imtiyaz for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 30.08.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Adv. Abdul Shaikh for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 16.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Adv. Mohd. Shoaib h/f Adv. Imtiyaz Patel for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 04.12.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv. Abdul Latif Shaikh for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 02.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 04.03.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Adv. A. L Shaikh h/f Adv. Imtiyaz Patel for Plaintiff present.
Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 15.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: The P.O. is on leave. hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 29.07.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to  20.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd  to 08.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd  to 06.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
From the record it appears that issues are framed long back on 21.03.2020 and since then matter is for plaintiffs evidence. However, last four to five dates plaintiff and his advocate are absent. Therefore, taking into consideration granted sufficient opportunity suit be kept for dismissal order on next date.
Matter is adjd to 15.02.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: The P.O. is on leave hence, matter to adjd
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Adv. A. M. Shaikh for Plaintiff present and submitted that the plaintiff is out of station hence, requested for short adjournment. It is granted as last chance.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd  to 02.08.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-08-2025

Date: 02-08-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 12.00 noon Adv. Adv. Shaikh for Plaintiff present and filed an application for adjournment. It is taken on record and marked at Exh. 10. O- Considering the reasons mentioned in the application, adjournment granted as last chance.
Matter is adjd to 18.09.20225 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 04.12.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd  to 20.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: None for Plaintiff.
Adv. Sangita Honmane h/f Adv. A. K. Nandanwar for defendant/BMC present.
Matter is adjd to 04.03.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2026

Date: 04-03-2026
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
    Issues are framed on 21.03.2020 and matter is for plaintiffs evidence. However, from the record it seems that since long plaintiff is absent except two dates and failed to file his evidence. Hence,matter be fixed for dismissal on next date.
Matter is adjd to 17.04.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: The P. O. is on leave. Hence, matter is adj to
Next Purpose: DISMISSAL
Next Hearing Date: 25-04-2026

Date: 25-04-2026
Business: The P. O. is on leave. Hence, matter is adj to
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present
Matter is adjd  to 24.08.2026  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Adv. A. L Shaikh for Plaintiff present and an application for seeking removing the matter from the caption of dismissal. Taken on record and marked at Exh. 11. O- Today, the Ld. Advocate for the plaintiff tendered evidence affidavit of plaintiff on record. Hence, application is allowed as prayed for.
Evidence affidavit filed in lieu of examination-in-chief of PW No. 1 Kalam Imam Shaikh is accepted and marked at Exh.12. O- Witness is absent when called, hence put up for order.  Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.13. Copy served to other side. O- Call say of other side.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd to 12.10.2026 for say on Exh.13/admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-10-2026

NOTICE OF MOTION/102774/2019

Filing Number: 106975/2019
Filing Date: 26-06-2019
First Hearing Date: 27th June 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE