Date: 28-06-2018
Business: Adv V T Dubey for plaintiff present and filed original NM no.2321/18 and original ch/sum no.1057/18 alongwith affidavit t.o.r.
Adv Khandagale for def/BMC present.
He submits that the Asst. Commissioner has round with Mayor therefore he is unable to present before the Court. Adv Khandagale repeatedly requested Court that tomorrow or on Saturday Asst. Commissioner will remain present.
The Court timing is 11.00 am to 5.45 pm. During the entire day the Asst. Commissioner could remain present before the Court, if he really want to come before the Court. Till 5.45 pm Asst. Commissioner not present. Inspite of that he is not present before the Court hence,
Issue notice to DMC Zone V of BMC.
Authenticated copy of roznama be supplied to the parties to the suit.
Adjourned to 03.07.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: NOB TOB
Adv Khandagale for def/BMC present.
Mr. Ajitkumar Baburao Ambi, Assistant Commissioner of L-
ward, BMC present. He submitted that they will give training to all concerned staff. So they are unable to give instructions to their adv and there shall not be any delay on their part to file the reply.
As the Asst. Commissioner present therefore the presence of DMC is hereby waive.
Authenticated copy of roznama be supplied to the parties to the suit.
Already adjourned to 03.07.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Do to heavy rain Advocate and Staff is absent Hence Board is
Discharge and Suit is Adjourned to 16.07.2018 for N.M. Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2018
Date: 16-07-2018
Business: Adv V T Dubey for plaintiff present.
Adv Hajare for def/BMC present and filed reply on NM cum W.S marked at Exh.2 t.o.r.
Copy served to plaintiff.
Adjourned to 17.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Adv V T Dubey for plaintiff present.
Adv Khandagale for def/BMC present.
Heard both the sides.
After perusal of documents filed by the plaintiff as well as defendant it seems that on 04.01.2018 the said suit structure was only ground floor and extension work was in progress. The plaintiff moved before the Court on 23.05.2018 at that time the speaking order was passed, want of reply want of document therefore the Court has given opportunity to the plaintiff and directed defendant to consider the reply and document filed by the plaintiff and said NM was disp off accordingly.
On 07.06.2018 the plaintiff received the notice u/s 354(A) MMC Act dtd 07.06.2018 from the defendant.
While passing the order today adv for plaintiff submits that he will produce the GR and Gazette of Maharashtra Govt. regarding the suit structure of notice of Government as a declared slum.
At the request of adv for plaintiff matter adjourned to 20.07.2018 for ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2018
Date: 20-07-2018
Business: Adv V T Dubey for plaintiff present.
Adv Hajare for def/BMC present.
Adjourned to 10.08.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2018
Date: 09-10-2018
Business: Court is busy in hearing and dictating order on Notice of Motion No.1175/12 in suit no.1059/12 and hearing argument in Notice of Motion in suit no.3315/08, hence board is discharged and case is adjourned to 17/12/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.2661/10 and dictating order on Chamber Summons in suit no.1692/18, hence case is adjourned to 19/03/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Court is busy in hearing and dictating order on Chamber Summons in suit nos.705/19, 706/19 and 709/19 as well as Court has to hear urgent matters, hence case is adjourned to 04/05/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present.
The Case is adjd. To 19.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and filed reply on ch/s.TOR
KB for order.
LO at 5.15pm,
F.R.S.R. following order is passed in Chamber Summons 1057/18 ORDER 1.The Chamber Summons is made absolute in terms of prayer clause (a).2. Plaintiff shall amend the plaint within two weeks from today. 3. Plaintiff shall serve copy of amended plaint on the defendant and shall supply typed copy of amended plaint to the Court. 4. Chamber Summons no. 1057/18 is disposed off. 5. Costs in cause. The case is adjourned to 07.08.2019 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Advocate V.T.Dubey for plaintiff present and sought extension of time to carry out amendment. Time is granted till next date.
Advocate Mr. Giri for defendant/MCGM present.
The case is adjourned to 13.09.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Advocate V.T.Dubey for plaintiff present and served copy of amended plaint on advocate for defendant MCGM.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to 08.11.2019 for NM hearing and additional Written Statement.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present.
The case is adjourned to 12.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Mr. V.T. Dubey for plff., submits that Plaintiff are not turning to the office, prayed for adjd to write a letter to Plaintiff.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Matter is adjd. for NM hearing on 27.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Mr. V.T. Dubey for plaintiff, requested to tag NM along-with suit.
Adv. Mrs. Tondawalkar for deft./MCGM present.
NM no. 2321/18 be heard along-with suit, it be shown disposed of for CIS purpose.
Matter is adjd. for issues on 27.04.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM present.
Matter is adjd.to 03-04-2021 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for framing issues to 02.07.21.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to covid-19 matter adjourned to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for framing issues to 16.03.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
The Court is busy in recording evidence in SU No. 479/10 and SU No. 54/12.
Adjourned for framing issues to 30.06.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Issues framed. It is marked at Exh. 03.
Adjourned for filing affidavit of documents to 18.08.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present for plaintiff to file documents on affidavit. Hence, the suit is posted for R/E.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for R/E to 12.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 16.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Mr. N.K. Dubey h/f Mr. V. T. Dubey for the plaintiff is present and orally requested for time to lead evidence. The suit is more than 05 years old. Sufficient time is already granted. Hence, time is granted strictly as a last chance, subject to costs of Rs.1500/- (Rs. One thousand five hundred) to the DLSA, Mumbai, till next date. In default, the suit would stand dismissed.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for compliance of costs/dismissal to 06.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: PO is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mrs. S.S. Chavan h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 29.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. He informed that the plaintiff is not interested to proceed with the matter and he did not comply with the earlier Order of costs.
Adv. Mr. Giri for defendant/MCGM is present.
Order below exhibit No.01:
The record shows that the plaintiff is absent to proceed further with the suit since last considerable time and therefore, it is posted for dismissal order. Even today, he is absent. The suit is near about 05 years old. He did not comply with the Order of costs. Nor, any stay order is communicated on the record to justify his absence. In this way, it is clear that he is not interested to proceed further with the matter. Hence, the suit is dismissed for want of prosecution on his behalf under Order IX, Rule 8, of the C.P.C., 1908. All pending applications are filed. The parties are called upon to bear their own costs of suit. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED
Disposal Date: 29-04-2023