Date: 08-06-2018
Business: Adv. Mr. Kudalkar a/w Adv. Mr. Kamal Choudhari a/w Adv. Mr. Tiwari for plaintiff present.
Adv. Ms. Kamble for BMC present.
Advocate of BMC filed reply to N/M.
Advocate of plaintiff filed rejoinder to N/M.
Adv. Mr. Tushar Kadam for intervenor/ applicant in ch/sum present.
He filed draft ch/sum. Seeking leave to register.
O- Leave granted for registration.
Heard advocate Mr.Tushar Kadam for intervenor. Heard advocate of plaintiff and Ms. Kamble for BMC.
Adjd to 12.6.2018 for draft ch/sum order/ N/M hearing at 11.00 a.m. c
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-06-2018
Date: 12-06-2018
Business: Adv.Mr. Kudalkar with Adv. Mr.Kamal Choudhari for Plaintiff present.
Adv. Ms. Kamble for defendant / BMC present.
Adv.Mr. Niranjan Pandit with Adv. Kadam for applicant present.
Heard both the parties on Ch/s.
K.B. at 2.45 p.m.
O - Earlier order to continue till next date.
Adjd. to 15.06.2018 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-06-2018
Date: 15-06-2018
Business: Matter pertains to C.R.No.8
Adv. Mr. Kudalkar for plff present.
Adv. Mrs. Kamble for deft./ BMC present.
Adv. Mr. Tushar Kadam for applicant present.
Earlier order to continue till next date.
Adjd for N/m hrg./Ch/s order to 18.06.2018 at 11.00 a.m.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Adv. Mr. Tiwari a.w adv. Mr. Kudalkar for plaintiff present.
Adv. Mr. Giri a/w Adv. Ms. Kamble for MCGM present.
Adv. Mr. Kadam for applicant present.
Earlier order if any, to continue till next date.
Adjd to 20.6.2018 for ch/sum order.
L.O.
Adv. Mr. Kamal Choudhari for plaintiff present.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv . Mr. Giri h/f Adv. Ms. Kamble for BMC present.
Adv. Ms. Vaibhavi Pawar a/w Adv. Mr. Tiwari h/f adv. Mr. Kudalkar for plaintiff present.
Adv. Mr. Tushar Kadam for applicant present.
He filed vakalatnama. t.o.r It is marked as Exh. 2.
Order passed on draft ch/sum
1. Draft ch/sum allowed and made absolute in terms of prayer clause
(a).
2. Plaintiff is directed to add applicant as defendant no. 2.
3. Ch/sum be registered for statistical purpose.
At this stage the Ld. Counsel appearing for plaintiff prayed to stay
the order passed as he intends to challenge the order. He prayed
that order passed be stayed for the period of four weeks.
O- Considering the submissions the order passed on draft ch/sum is
stayed till next date.
Earlier order to continue till next date.
Adjd to 16.7.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2018
Date: 16-07-2018
Business: Adv. Ms. Megha for Plaintiff and tendered application for stay of order on 20.06.2018. T.O.R. and marked as Exh.3.
Adv. Mr. Giri for defendant / BMC present.
O - On Exh.3 one week time granted till then order passed on 20.06.2018 stayed.
O -Earlier order to continue till next date.
Adjd. to 24.07.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
None for applicant.
O - Earlier order to continue till next date.
Adjd. to 07.08.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Business: Adv. Chowraciya for plaintiff present.
Adv. Tadavi for defendant / BMC present.
Earlier order to continue, if any, till next date.
Adjd. to 18.9.18 for Compliance.
L.O
Adv. Sipai Manali for applicant present.
Adv. Kadam for applicant present
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv. Mr. Mohit Jadhav for plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
Matter is stayed by Hon\''ble High Court in W.P.No.8699/18.
Matter adjd. to 22.11.2018 for Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Adv. Ms. Megha for Plaintiff present.
Adv. Mrs. Kamble for Defendant/BMC present.
Adv. Mr. Vishal Jathar for applicant present.
Earlier order, if any, to continue subject to orders of Hon\''ble High Court.
Time extended to serve Writ of Summons till next date.
Adjd. to 22.01.2019 for N/m hearing.
Next Purpose: SUIT STAYED
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv Ms.Megha for plff present.
Adv Mhatre for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 28/03/2019 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Ms. Chaurasiya for the Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adv. for Plff filed writ of summons.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. Ms. Megha for plaintiff present.
Adv. Khandagle h/f Adv. Hajare for Deft./MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 27.08.2019 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Megha Shigavan for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 10.10.2019 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Megha for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Earlier order, if any, to continue till next date.
LO
Adv. Tavakkuli for deft/MCGM present.
Adjd to 30-01-2020 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv.Choursiya h/f adv.Jadhav for plaintiff present.
Adv. Abhijeet Naik h/f Adv. Khobragade for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 17.03.2020 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv. Ms. Megha Shegvan for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Matter adjd to 26.06.2020 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/02/2021 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Chourasiya h/f. Adv. Mohit Jadhav for Plaintiff present.
Adv. Hajare for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 30/03/2021 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Chourasiya h/f. Adv. Mohit Jadhav for Plaintiff present.
Adv. Smt. Chavan h/f Adv. Hajare for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 08/06/2021 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 25/11/2021 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Kajal Chourasiya h.f. Adv. Mohit Jadhav for Plaintiff present.
Adv Mrs Rawade h.f. Adv. Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/02/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv Gayatri kumar h/f Adv Mohit Jadhav for plaintiff present.
Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv Chaurasiya h/f Adv Kamal Chowdhari Mohit Jadhav for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Chaurasiya for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. Vrushabh Jain for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Gayatrikumar h/f Adv. Mohit Jadhav for plaintiff present.
Counsel Adv. Tawakulli with Adv. Mrs. Chavan for defendant/ MCGM is present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: CORAM H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Gayatrikumar for plaintiff present.
None for defendant/ BMC.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Gayatrikumar for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 21/03/2023 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Matter pertains to C.R. No.04.
Adv. Ms. Kajal Chourasiya h/f. Mr. Jadhav present and undertakes to file V.P. for plaintiff on next date.
Adv. Mrs. Mhatre for BMC present
Officer Mr. Pawar Jr. Eng. B and F Dept. T Ward present
Earlier order, if any, to continue till next date.
Adjd. to 29/3/2023 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Kajal Chourasiya for the plaintiff is present.
Ld. Counsel Mr. Tawakulli with Ld. Adv. Mrs.Mhatre for BMC is present and tendered application for expediting hearing of NM and pass appropriate order against the plaintiff for non-compliance of Hon\''ble High Court Order. T.O.R. marked as Exh. 04.
Copy is supplied to advocate for plaintiff.
O-On perusal of Roznama it appears that matter is stayed. However, Adv. for corporation submitted that there is no stay and Adv.for plaintiff submitted that matter is stayed. Therefore, parties are directed to file affidavit about stay.
Mr. Gajanan Dhotre, Asst. Engineer from T-Ward/BMC is present.
Adv. Rishabh Jain for applicant in Ch/s. is present.
O-Earlier order, if any, to continue till next date.
Matter is adjd. to 18.04.2023 for filing affidavit by the parties.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Megha Shigwan h/f. Adv. Mohit Jadhav for plaintiff present and tendered reply to affidavit filed by defendant BMC(Exh.4), TOR and marked as Exh.05. Copy is served to other side.
She submitted that affidavit in reply be treated as affidavit of plaintiff as per order dated 29.03.2023.
Adv. Ms. Mhatre for defendant/ BMC present.
Adv. for defendant/BMC is directed to file affidavit as per order dated 29.03.2023 on next date.
Earlier order if any, to continue till next date.
Adjd. to 13/06/2023 for filing affidavit by defendant/BMC.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Matter pertains to C.R. No.04.
Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adv. Rishabh Jain for applicant.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2023 for filing affidavit by defendant/BMC.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Advocate Kajal Chourasia for plaintiff present and submitted the writ petition was came before Hon’ble High Court yesterday and it was directed to parties take date by concern.
Counsel Advocate Tawakulli a/w Mhatre for defendant/BMC present and submitted that matter be adjourned after 04.07.2023 as writ petition are posted on that day. Hence, matter adjourned for NM Hearing.
Earlier order, if any, to continue till next date.
Adjd to 20.07.2023 for Suit stayed / Affidavit by BMC
Next Purpose: SUIT STAYED
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Mhatre for defendant/BMC present.
Keep back
L.O. 3.10 p.m.
Advocate Kajal Chaurasia filed pursis marked as Exh. 6 along with order passed by Honble High Court WP No. 8690/2018 with WP No. 8702/18, 8695/2018, 8715/18, 8699/18, WP. No. 8696/18, 8701/18 and WP No. 13879/18. She further submitted that Hon’ble High Court set aside order of this court. She submitted that plaintiff will file rejoinder on next date.
Suit be removed from Stayed Caption.
Earlier order, if any, to continue till next date.
Adjd to 17.08.2023 for Rejoinder / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Matter pertains to C.R. No.04.
Adv. Shubham Shinde h/f Mohit Jadhav for plaintiff present.
Adv. Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date
Adjd. to 12.09.2023 for Rejoinder / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered Vakalatnama TOR marked as Exh..6 . and seeks time to file Rejoinder. Time granted as a last chance.
Adv. Mitesh h/f Adv. Dharmesh Vyas a/w Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 26.09.2023 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Advocate Mohit Jadhav for plaintiff present and submitted that he has to file rejoinder after verifying certain documents and seeks time.
Counsel Adv. Dharmesh Vyas a/w Advocate Mhatre for defendant/BMC present and opposed adjournment, stating that two structure are coming in the D.P.Road. Howevever as a last chance is granted.
Earlier order, if any, to continue till next date
Adjd to 16.10.2023 for Rejoinder and NM hearing
Next Purpose: REJOINDER
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: NOB TOB – By praecipe
Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tenanted draft Chamber summons @ affidavit in support O- Leave granted to register ch/s. Copy be supplied to other side.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 16.10.2023 for NM Hearing and service of Ch/s
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered ch/s No. 1856/2023. copy is served upon other side.
Advocate Mhatre for defendant/BMC present.
L.O. 3.48 p.m.
Adv. Mohit Jadhav for plaintiff present.
Rest of the same appearance.
Heard argument of both parties on ch/s.
Earlier order, if any, to continue till next date.
Adjd to 30.10.2023 for Ch/s Order and NM hearing
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present and tendered Additional affidavit TOR. Copy is supplied to other side.
Following order is passed on Ch/S No. 1856/2023
O R D E R
1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to
correct the area of the suit premises. It is contended that after filing suit plaintiff came to know that inadvertently incorrect area has been mentioned. It is further stated that plaintiff is having census certificate. However this fact remained to be mentioned in the plaint. Therefore it is necessary to correct area and add paragraph as per schedule.
2. Adv. for defendant/corporation opposed chambers summons stating that there is subsequent event and plaintiff is delaying the trial of the suit. The plaintiff can not now change CTS number and area. The plaintiff filling up lacuna. There is will be cause of action and nature of suit will be changed. Therefore ch/s be rejected.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff By way of proposed amendment the plaintiff is seeking permission to correct the area of the suit premises. It is contended that after filing suit plaintiff came to know that inadvertently incorrect area has been mentioned. It is further stated that plaintiff is having census certificate. However this fact remained to be mentioned in the plaint. Therefore it is necessary to correct area and add paragraph as per schedule.
5. It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
6. In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to correct area and also seeking permission to add contention in respect of census certificate. Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/S No. 1856/2023 is made absolute in terms of prayer clause(a).
2. Plaintiff to carry out necessary amendment within two weeks.
3. Copy of amended plaint be served upon other side.
4. Ch/S No. 1856/2023 stands disposed of accordingly.
Earlier order, if any, to continue till next date.
Adjd to 03.11.2023 for NM Hearing/ Compliance
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Advocate Mohit Jadhav a/w Kajal Chaurasia for plaintiff present.
Adv. Advocate Mhatre for defendant/BMC present.
Adv for plaintiff is seeks time to carry out amendment and argue NM. Hence time is granted.
Earlier order, if any, to continue till next date.
Adjd to 09.11.2023 in Morning session for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Matter pertains to C. R. No. 4
Advocate Megha Shigwan h/f Jadhav for plaintiff present.
Adv Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 28.11.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Heard argument of Adv for parties on NM for injunction
Earlier order, if any, to continue till next date.
Adjd to 12.12.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Adv.Kajal Chourasia h/f Adv.Mohit Jadhav for Plff. present.
Adv.Mhatre for Deft./BMC present.
As Court is busy in dictating ad-interim Orders and N/M hearing in HCTB Suit, due to paucity of time, matter is adjd.
Earlier Order, if any, to continue till next date.
Matter is adjd. to 13/12/2023 for N/M Order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Adv. Ms. Chourasia h/f. Mr. Jadhav for plaintiff present
Adv. Mrs. Mhatre for BMC present
F.R.S.R. following order passed on N/M. No. -1992/2018
ORDER
Notice of Motion is dismissed.
Adv. for plaintiff filed application for continuation of EOC-TOR marked Exh.8-Other side to say-Say filed
Adv for deft/BMC submitted that NM Reply be treated as WS.Granted
Exh. 9 Written Statement
Adjd. to 14/12/2023 for hrg. on Exh.8.
Next Purpose: HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv. Ms. Megha Shigvan for plaintiff present
Adv. Mrs. Mhatre for BMC present
Heard parties on application exhibit-8 for continuation of earlier order
Following order is passed below exhibit-8 :-
O R D E R
. The plaintiff filed this application for continuation of earlier interim protection that was granted on 28/5/2018 in order to enable him to approach the Hon’ble High Court. Advocate for defendant BMC opposed application contending that there is no ad-interim order and in view of the judgments of the Hon’ble Bombay High Court in catena of judgments granting of stay would not be sustainable as it would be protecting the misdid of the plaintiff.
2. Advocate for the Corporation relied on judgment of the Hon’ble Bombay High Court in Godrej & Boyce Manufacturing Co. Ltd. Versus The State of Maharashtra & 5 Ors. (Writ Petition No.3537 Of 2019) to submit that if interim protection is refused ad-interim protection cannot be continued. On the other hand, learned advocate for the plaintiff relied upon judgment of the Hon’ble Apex Court in the case of S. Brahmanand and Ors. K. R. Muthugopal (D) and Ors. [Appeal (Civil) 6203-6204 Of 2005] to submit that even though suit is dismissed interim order can be continued till the party is able to file appeal.
3. It is matter of record that by an order dated 28/5/2018 this Court directed to maintain position as shown in the photographs and said order was continued during the pendency of Notice of Motion. The plaintiff intends to challenge order dismissing Notice of Motion. Advocate for BMC submitted that structure is not in existence and the plaintiff has reconstructed structure without permission of the Court or the BMC. However, considering the fact that interim protection was continued during the pendency of Notice of Motion I pass following order :-
O R D E R
Interim relief to continue for three weeks from the date of uploading of order in Notice of Motion.
Adjd. to 2/3/2024 for hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 20.04.2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. 10 - Issues are framed.
Adjd to 27.06.2024 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Advocate Kajal Chaurasia h/f Kamal Chaudhari for plaintiff present and seeks time to file evidence. Hence matter adjourned.
Advocate Waghmare for defendant/BMC present.
Adjd to 25.07.2024 for evidence of plaintiff/ NM Hearing /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Advocate Kajal Chaurasia h/f Chaudhary for plaintiff present and requested time to file evidence.
Advocate Waghmare a/w Adv. Smita Charatkar for defendant/BMC present.
Adjd to 29.08.2024 for plaintiff evidence/R.E/ NM Hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: None present for plaintiff
Advocate Waghmare for defendant/BMC present.
Adjd to 08.10.2024 for plaintiff evidence /R.E.
Later on 11.58 p.m
Adv. Kajal Chaurasia for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Kajal Chaurasia for plaintiff present and requested time to file evidence.
Advocate Nagarthawar for defendant/BMC present and submitted that this is third date for plaintiff evidence. Hence matter adjourned as a last chance.
Adjd to 23.01.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mohit Jadhav a/w Adv. Ms. Kajal Chaurasia for the plaintiff is present. He sought time to proceed with the matter as the matter is pending before Hon’ble Bombay High Court. Granted. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for RE..to 18.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Mr. Mohd Rizwan Shaikh is present for the plaintiff. He filed application for adjournment, as his Advocate Ms. Megha Shigwan is hospitalized. Taken on record. It is marked as Exhibit 11.
O- Considering the reason, the matter is adjourned. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for NM hearing/RE to 10.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia h/f Adv. Mr. Mohit Jadhav for the plaintiff is present. She sought time to file evidence affidavit along-with list of documents. Considering the age of the litigation granted strictly as a last chance.
Ld adv for plaintiff is also directed to proceed with pending NM positively.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE. to 25.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2025
Date: 14-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia h/f Adv. Mr. Mohit Jadhav for the plaintiff is present. She sought time to file evidence affidavit along-with list of documents. Considering the age of the litigation granted strictly as a last chance.
Ld adv for plaintiff is also directed to proceed with pending NM positively.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE. to 25.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Mohit Jadhav for the plaintiff is present and requested for adjournment.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for Filing evidence/RE. to 23.12.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Kajal Chaurasia a/w Adv Khushboo Singh h/f Adv. Mohit Jadhav for the plaintiff is present and requested time to file evidence. Granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for Filing evidence/RE. to 17.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Ms. Kajal Chaurasia h/f Adv. Mohit Jadhav for the plaintiff is present and submitted that the Mother of the Sr. Adv is hospitalized, seeking time to file evidence affidavit.
O- Considering the ground last chance is granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for filing evidence affidavit/R.E.to 05.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2026
Date: 05-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mohit Jadhav a/w Adv. Ms. Kajal Chaurasia for the plaintiff is present and seeks time to file evidence affidavit. O- Last chance is granted being a old matter.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for filing evidence affidavit by Adv of plaintiff to 12.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is present.
Adv. Mr. Mohit Jadhav for the plaintiff is present and tendered affidavit in lieu of examination in chief of PW-1 vide
Exhibit 12. and also filed compilation of documents with list
Exhibit 13 O- Filed. Copies are supplied to Adv of defendant/MCGM.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for Admission and denial of documents/R.E.to 16.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Manish Shirke h/f Adv. Mr. Mohit Jadhav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Admission and denial of documents/R.E.to 04.08.2026
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for NM hearing .to 29.09.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2026
