Date: 22-06-2018
Business: Resumed.
Adv. Ms. Trivedi for plaintiff and adv. Chandramore for MCGM seeks time to file affidavit in reply . Granted as a last chance. Adjourned for reply to 06/07/2018.
Earlier order if any to continue till next date
Next Purpose: REPLY
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Resumed.
Adv. Anita Trivedi for plaintiff is present.
The P.O. is on leave.
Earlier order if any to continue till the next date.
Adjd for NM reply to 03.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Resumed.
Adv. Ms. Misbah for plaintiff and Adv. Chandramore for MCGM are present.
Adv. Chandramore filed reply. Copy is served on plaintiff.
Earlier order if any to continue till the next date.
Adv. Misbah submits that plaintiff may file rejoinder. In that case copy of rejoinder be served on defendant in advance.
Adjd for arguments on NM No. 2015/2018 to 07.09.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Resumed.
Adv. Mr. Anita Trivedi for plaintiff and Adv. Ms. Patil with Adv. Atif Shaikh for defendant/Corporation are present.
Adv. Trivedi seeks time to file affidavit in rejoinder. Granted as last chance. Earlier order if any to continue till the next date.
Matter adjd for NM arguments to 05.10.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Resumed.
The P.O. is busy in hearing NM No. 3074/2017 in Suit No. 1971/2017 and NM No. 1470/2012 in Suit No. 1239/2012 and NM No. 3032/2018 in Suit No. 2091/2018.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 26.10.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Resumed.
Adv. Anita Trivedi for plaintiff is present.
The P.O. is busy in hearing final arguments in Suit No. 2187/2006 and 3169/2006 dictating N/M orders in Suit No. 913/2018 and other sisters Suits.
For want of time the board is discharged.
Adjd for NM arguments to 02.11.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Resumed.
Adv. Anita Trivedi for plaintiff is present.
The P.O. is busy in dictating order in ad-interim reliefs in Suit No. 2830/2018 and hearing final arguments in high Court time bound matters i.e. 2187/2006 and 3169/2006. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 16.11.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Resumed.
Adv. Anita Trivedi for plaintiff is present.
The P.O. is busy in hearing arguments in stamp No. 15244/2018 and order on NM No.2819/2012 in suit No. 2393/2012 and NM No. 1874/2017 in Suit No. 219/2017. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 07.12.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Resumed.
Adv. Anita Trivedi for plaintiff and Adv. Atif Shaikh with Adv. Ms. Patil for MCGM are present.
Adv. Trivedi seeks time to argue the NM. Time is granted.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 04.01.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-01-2019
Date: 04-01-2019
Business: Resumed.
Adv. Misbah for plaintiff and Adv. Atif Shaikh with Adv. Ms. Patil for MCGM are present.
The P.O. is busy in passing order on NM in Suit no. 410/2017.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 25.01.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Resumed.
Adv. Sharma h/f Adv. Anita Trivedi for plaintiff and Adv. Atif Shaikh with Adv. Ms. Patil for MCGM are present.
Adv. Sharma seeks time to argue the NM on the ground that Adv. Trivedi is busy in another Court. Time is granted.
Heard arguments of Adv. Shaikh on NM.
Earlier order if any to continue till the next date.
Adjd for arguments of plaintiff on NM to 08.02.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Resumed.
Adv. Anita Trivedi for plaintiff and Adv. Ms. Patil with Adv. Atif Shaikh for MCGM are present.
Heard, respective advocates on NM No. 2015/2018.
Earlier order if any to continue till the next date.
Adjd for NM orders to 27.02.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Trivedi for plaintiff present.
Adv. Smt. Patil with Adv. Aatif Shaikh for defendant no. /MCGM present.
As court busy in dictating judgment in Suit no. 1330 of 2012. Hence board is discharged.
Earlier order if any to continue till the next date.
Matter adjd. to 15.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv.Anita Trivedi for plaintiff present.
Adv.Asif Shaikh a/w. Adv.Smt.Patil for defendant/MCGM present.
Heard both the sides.
Earlier order if any to continue till the next date.
Matter adjd to 05.04.2019 for NM Order.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-04-2019
Date: 15-03-2019
Business: Adv.Anita Trivedi for plaintiff present.
Adv.Asif Shaikh a/w. Adv.Smt.Patil for defendant/MCGM present.
Heard both the sides.
Earlier order if any to continue till the next date.
Matter adjd to 05.04.2019 for NM Order.
Next Purpose: ORDER
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv.Anita Trivedi for plaintiff present.
Adv.Mrs.Dipali Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 12.04.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 12-04-2019
Date: 05-04-2019
Business: Adv.Anita Trivedi for plaintiff present.
Adv.Mrs.Dipali Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 12.04.2019 for Order.
Next Purpose: ORDER
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: As Court is busy in dictating judgment in SU No.558/2006, hence board discharged.
Matter adjd to 16.04.2019 for Order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv.Misbah for plaintiff present.
Adv.Mr.Asif Shaikh a/w. Adv.Smt.Rawade for defendant/MCGM present.
F.R.S.R. the following order is passed
ORDER ON NM 2015/18
Notice of Motion No.2015/18 is dismissed
Application filed by advocate of plaintiff for continuation of ad-interim order t.o.r. O-Otherside to say.
Say given by otherside on the same application.
Order-Perused application and say filed. The plaintiff was protected by ad-interim orders. The notice of motion is dismissed today. In order to allow the plaintiff to prefer appeal, the interim relief already granted is extended till 2nd May 2019.
Matter adjd to 07.06.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: BY PRECIPEE
Adv.Anita Trivedi for plaintiff present.
Adv.Smt.Patil for defendant/MCGM present.
KB
LO
Same appearance.
Adv. Of Plaintiff filed application t.o.r.
O-Otherside to say.
Say given by Adv.of Deft. Corporation on the same application.
Order-Interim relief already granted extended till 06.05.2019.
Matter already adjd to 07.06.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv. Misbah Ansari for plaintiff present.
Adv. Mr. Pradeep Patil for defendant /MCGM present.
The defendant seeks to adopt the say to the notice of motion for temporary injunction as its written statement. The Ld. Adv. for the plaintiff has no objection for permitting the defendant corporation to adopt the say of notice of motion as W/S.
Matter is adjd to 21.06.2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Adv.Ms. Misban for plaintiff present.
Adv.Mr. Patil for defendant present.
Matter adjd to 06.07.2019 for Framing issue
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: Adv.Mr.Misbah for Plaintiff present.
Adv.Mr.Atif Shaikh for deft.1 and 2 present.
Adv.Smt. Rawade for defendant/MCGM present.
Matter adjd to 30.07.2019 for Framing of Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv.Misbah for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Issues framed.
Matter adjd to 17.09.2019 for Filing documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Plaintiff and Adv. Ms. Misba Ansari Present.
Adv. Mr. Shaikh for defendant/MCGM present.
At the request of the Advocate for plaintiff time granted.
Matter adjd to 18/10/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work hence, board is discharged.
Matter adjd to 20/12/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: As Court is on leave.
Matter is adjd to 10.02.2020 For R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: As Court is busy in hearing arguments, recording evidence, passing orders and misc. work hence, board is discharged.
Matter is adjd to 21/02/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Ms. Indira Labde for plaintiff present and tendered chamber summons no.1915/2019 alongwith affidavit t.o.r.
Adv. Mr. Suryavanshi for MCGM/deft present.
Matter is adjd to 27/03/2020 for reply on ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for CS reply to 22.01.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: As court is on leave hence matter adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: None present for plaintiff.
Adv Soraan (hf) present for MCGM/defendant.
Matter adjourned for CS reply to 17.03.2021.
LO at 3.50 pm.
Adv Tejas Mahamuni present for plaintiff and sought adjournment.
Matter adjourned for CS reply to 17.03.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present for plaintiff.
Adv. Shaikh alongwith Adv Soraan present for MCGM/defendant.
Matter adjourned for CS reply to 09.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: In the view of covid-19 pandemic, board is discharged, hence matter is adjd for.
Next Purpose: C/S REPLY
Next Hearing Date: 28-06-2021
Date: 28-06-2021
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: C/S REPLY
Next Hearing Date: 19-07-2021
Date: 19-07-2021
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: C/S REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is adjd. to.
Next Purpose: C/S REPLY
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: As presiding officer is on leave, hence board is discharged. hence, matter is adjd. to
Next Purpose: C/S REPLY
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None present for plaintiff.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
As court is busy in dictatating order on nm no. 3292-2019 in suit no. 2073/13 and on nm 2015/21 in suit no. 459/16 hence remaining matter is adjd.
Matter adjourned for cs reply to. 22/11/21.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for plaintiff.
Adv. Soraan@ adv. Diwate present for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for cs reply to. 23/02/22.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Mungale present for plaintiff.
Adv. Soraan present for MCGM/defendant.
Heard arguments of Ld. Adv. for plaintiff and Ld. adv. for defendant on chs. no. 1915/19.
F.R.S.R. the following order is passed on Chamber Summons No. 1915/19.
ORDER
1) Chamber Summons No. 1915/19 is made absolute.
2) Plaintiff shall carry out amendment as per schedule within fourteen days from the date of this order.
3) Chamber summons no. 1915/19 is disposed of accordingly.
Authenticated copy of today\''s roznama be given to the parties if requested.
Matter adjourned for compliance to 16/03/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Coram H.H.J. Shri. S.D. Kulkarni, City Civil Court, Mumbai.(C.R.08)
Original writ received from Hon\''ble Bombay High Court in civil application no. 977/2019 in AO No. 823/19 Order dtd. 21-02-2022.
(Coram:Sandeep K . Shinde, J.)
Stand over to 07th March, 2022. Till then, the interim relief is continued.
O- Sheristedar is directed to comply.
I/c Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: As presiding officer is on leave. Hence, Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Sanket Mungale for Plaintiff present.
Adv. Mr. Bibhishan Sutar @ Adv. Soraan for MCGM/ defendant present.
Adv. for Plaintiff filed pursis. TOR. Exh.8. O- Seen.
Matter is adjd for additional W/S of deft. on the point of amended suit plaint on 15-07-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. S.M. Mungale for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
On oral request made by advocate for defendant short adjournment is granted as a last chance. The parties to note that the matter is made time bound for disposal within 8 weeks. hence, parties to assist the court in disposing the matter within the time frame.
Matter is adjd for additional W/S of deft. on the point of amended suit plaint on 20-07-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Sanket Mungale for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present and tendered additional W/S. TOR. Exh.9 Copy served upon other side.
It transpires from the amended suit plaint as well as additional W.S filed below Exh.9 that no additional issues is required to be framed as same will be covered in issue no.1 already framed. Hence, matter to proceed for recording of evidence.
Matter is adjd for RE on 22-07-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: The Court is busy in urgent matters and orders hence, for want of time following board is discharged. Hence, matter is adjourned to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Matter is adjd for RE on 29-07-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Sanket Mungle for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
PW- 01 Jimmy Mahendra Thakkar present and resumed on oath.
Cross-Examination by Adv. Soraan for MCGM/defendant.
Adv. for Plaintiff filed evidence closer pursis. TOR. Exh--.
Matter is adjd for evidence of deft. on 03-08-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Sanket Mungale for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present and Adv. for Plaintiff present and tendered evidence of Mr. Abhijit Rasal TOR. Exh.27. He also tendered list of documents. TOR. Exh.28. Copy served other side.
Say given by Plaintiff.
FRSR the following order is passed on Exh.28.
ORDER
1. Heard Adv. for defendants and Adv. for plaintiff on the point of admission and denial of the documents produced on record by the defendant Corporation.
2. The document at Sr.No.8 i.e. is copy of C.S. Sheet No.175 of 1968 is admitted by plaintiff. Hence, it is marked as Ex.29.
3. The document at Sr.No.1 to 7 are the photo copies and the originals are not produced on record. Photocopies/xerox copies are not admissible in evidence. Hence, these documents are not exhibited.
4. Defendant Corporation is directed to prove the contents of said documents as per procedure of law.
Matter be posted for cross examination of DW-1 on next date.
Matter is adjd for RE on 12-08-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Sankent Mungale for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
DW.1 Abheejit Ravindra Rasal present and resumed on oath.
Cross-Examination by Adv. Sanket Mungale for MCGM/ plaintiff of DW.1 is commenced and completed.
This matter is made time bound by Hon\''ble Bombay High Court and is to be disposed of up to 08.09.2022. With mutual consent the parties took the date 24.08.2022.
Original documents verified from the witness. It is found to be correct. Hence, the documents which are produced under Exh. 28 marked exhibited as under.
Document at serial no.1 is copy of complainant dt.08.01.2018 of Shri. Narendra Walawalkar and it is marked at Exh. 30.
Document at serial no.2 is copy of Notice U/s. 314 of MMC Act dt.19.01.2018 and remarks from A.E. (B and F), \''D\'' Ward. it is marked at Exh. 31.
Document at serial no.3 is copy of letter dt.21.02.2018 of these defendants and it is marked at Exh. 32.
Document at serial no.4 is copy of plaintiff Advocate Reply dt.03.03.2018 with documents and order dt.22.05.2018, and photographs dt.28.05.2018 and it is marked at Exh. 33.
Document at serial no.6 is copy of photographs which clearly shows that the plaintiff has committed contempt of Court order and has constructed shed above the permanent Sheet slab canopy. Also photographs clearly shows that plaintiff is using Canopy for cooking food and other activities and it is marked at Exh. 34.
Document at serial no.7 is copy of Copies of photographs showing the present status of the suit structure and they are marked at Exh. 35.
Adv. for deft filed evidence closer pursis. TOR. Exh.36.
Matter is adjd for arguments on 24-08-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Sanket Mungale for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Hear arguments of both sides.
Matter is adjd for judgment on 05-09-2022
Next Purpose: JUDGMENT
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Plaintiff is present and his advocate is absent.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Judgment. Exh.--
FRSR the following order is passed on Exh.--
ORDER
1. Suit is decreed with costs.
2. It is hereby declared that impugned notice issued by the defendant No.2 U/s.314 of Mumbai Municipal Corporation Act bearing No.ACD/20387/AE(M)/East dt.19/01/2018 and impugned order bearing No.ACD/052285/AE(M)/East dt.22/05/2018 regarding notice structure described in the suit plaint are illegal, bad in law and null and void and hence, the same are set aside.
3. By way of permanent injunction, the defendants, their servants, agents etc. are hereby restrained from taking any action pursuant to the above impugned notice and impugned order regarding the notice structure as described in the suit plaint.
4. The defendants are at liberty to take appropriate action, if any, regarding user of notice structure if found unauthorised, by following due process of law.
5. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-09-2022