Date: 01-10-2018
Business: None present. for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft present and sought time to file Written Statement. Hence, case is adjourned to 26/11/2018 for Written Statement by Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Court is on leave (first session) as Presiding Officer has gone to G. T. Hospital for medical check up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: Plaintiff with advocate Mr. Tejas Patil for Plaintiff present and filed draft Notice of Motion and Chamber Summons along with affidavits in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present and submitted that, she will call concerned officer tomorrow and will get clarified that whether any letter was sent by BMC to Dy. Collector Encroachment for taking action against suit premises hence matter may be adjourned.
Case is adjourned to 09/01/2019 for reply/registered Notice of Motion and clarification by BMC officer.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Plaintiff with advocate Mr. Tejas Patil for Plaintiff present
Advocate Ms. Tondwalkar for BMC/Deft present.
Ms. Pooja Morkar, Jr. Engineer, S Ward, BMC present.
ORDER ON DRAFT NM
Heard advocate Mr. Tejas Patil for Plaintiff, advocate Ms. Tondwalkar for BMC. Perused draft Notice of Motion, affidavit filed in support of draft Notice of Motion. Defendant\''s officer has submitted that, BMC on 16/08/2018 has requested office of Dy. Collector encroachment to take action against suit premises, however in the meeting dated 24/09/2018 conducted by Dy. Municipal Commissioner (encroachment and removal), it is decided by BMC that action against unauthorized constructions from slum area is necessary to be taken by BMC. Thereafter, speaking order in respect of suit premises is passed by BMC. It is fairly admitted by the officer of BMC that in view of request dated 16/08/2018 staff members of officer of Dy. Collector encroachment may have visited suit premises.
Considering submissions made at bar it becomes clear that Plaintiff\''s apprehension is well founded to the that either BMC or the office of Dy. Collector encroachment may demolish suit premises. In such circumstances I find that it is necessary to protect suit premises till filing detailed reply of Notice of Motion by BMC. Hence, ad-interim relief in terms of prayer clause (a) of Notice of Motion is granted. It is made clear that immediately after reply will be filed by BMC, Notice of Motion will be decided on merits by hearing arguments of the parties.
Meanwhile Plaintiff to get register the Notice of Motion.
F.R.S.R. following order has passed -
ORDER ON CH/S
1. Ch/s is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out necessary amendment in the plaint as per schedule annexed to the Chamber Summons within stipulated time provided by law.
3. Draft Ch/s be registered for statistical purpose.
Plaintiff is directed to file typed copy of amended plaint before the Court and to serve typed copy of amended plaint upon Defendant.
Case is adjourned to 23/01/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Advocate Mr. Tejas Patil for Plaintiff present and filed registered NM No.293/19 with affidavit in support, t.o.r.
Advocate for BMC filed reply-cum-written statement Exh.4 with list of documents Exh.5, t.o.r.
Earlier order to continue till next date.
Case is adjourned to 01/02/2019 for hearing of NM.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Advocate Mr. Tejas Patil for Plaintiff present and filed additional affidavit in support of Notice of Motion, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
Arguments of Plaintiff\''s advocate partly heard upto 4.30 p.m. As court has to entertain one newly registered suit and court has to pass one NM order, further arguments of Plaintiff\''s advocate will be heard on next date.
Earlier order to continue till next date.
Case is adjourned to 06/02/2019 for Hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv. Tejas Patil for Plaintiff present and submitted that documents referred in list filed at Page no. 66 of plaint are not discussed in speaking order further the guideline of the GR dt. 16.05.2015 are not considered therefore the speaking order is bad in law and hence notice structure requires protection from the court.
Adv. Tondwalkar for BMC/Deft present and argued by referring the documents filed by BMC that the documents on record make it clear that designated officer has considered GR dt. 16.05.2015. It is argued that Plaintiff in Para 1 of the plaint has contended that he is using the upper portion of suit premises as a residential premises. However the agreement by which Plaintiff has purchasing premises is related to shop and not to residential house. It is argued that Plaintiff has not filed photo pass issued by slum authority as such according to Defendant advocate of Plaintiff has not produce any document of authorization of notice structure hence NM is necessary to be disposed off.
Case is adjourned to 11.02.2019 for order.
Earlier order to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: (Incharge Court of C.R. No.11)
Plaintiff Present and his Adv. Absent.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier Order to continue till next date.
Case is adjourned to 20.2.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Court is busy in dictating orders in Suit No. 2131/17 and Suit No. 1334/18
Hence board is discharged and case is adjd to 11/03/2019.
Earlier order to continue if any till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.1328/15 and court has to hear urgent matters, hence case is adjourned to 26/03/2019.
Earlier order to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Advocate Mr.Tejas Patil for Plaintiff present.
Advocate Ms. Chavan for BMC/Deft present.
Court is busy in hearing final arguments in suit no.6974/97 and hearing Notice of Motion in suit no.8900/2000, hence case is adjourned to 12/04/2019 for Order of NM.
Earlier order to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM ORDERS
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: None for plaintiff.
Advocate Ms.Tondwalkar for defendant/MCGM present.
KB
LO at 4.47pm
Same appearance.
Earlier order to continue till next date.
The Case is adjd. To 17.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate Mitali Salunke h/f adv. Tejas Patil for plaintiff present.
Advocate Mr. Giri h/f adv. Ms.Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 22.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Advocate Ms. Dipali Salunkhe for plaintiff present.
Advocate Giri h/f adv. Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 16.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: None for plaintiff.
Advocate Ms. Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 04.12.2019 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Mr. Tejas Patil for plaintiff, prayed for adjd to re-argue the matter.
Adv. Mr. Giri for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 18.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: None present for plaintiff.
Adv. Chavan for defendant MCGM.
Plaintiff to argue positively on next date.
Earlier order to continue till next date.
Matter is adjd. for NM Hearing to 08.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: None for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present, ready for argument.
Despite specific endorsement on last date i.e. to argue positively on today, none is present for plff. Hence, Plaintiff to note on next date EOC may be vacated. Plaintiff to argue positively on next date.
Matter is adjd. for NM hearing on 15.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Mr. Tejas Patil for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present.
Not possible to reach.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM argument on 03.02.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: None for plaintiff.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM argument on 12.02.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Mr. Tejas Patil for plff. present.
Adv. Mrs. Chavhan for deft./MCGM present.
Not possible to reach.
Matter is adjd.for NM argument on 26.02.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Mr. Tejas Patil for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Matter is adjd. for NM hearing on 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre h/f adv.Chavan for deft./MCGM present.
Matter is adjd. for NM hearing on 17.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd.to 05-02-2021 for NM Hearing
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for NM hearing to 30.03.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plff.
Adv. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjourned for 24.06.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to covid-19 matter adjourned to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)(Matter pertains to C.R. No.11)
None for plaintiff.
Adv. Adv Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM hearing to 21.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM is present.
Adjourned for NM dismissal to 20/01/2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None present for plaintiff.
Adv. Mr. Mhatre for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjourned for NM dismissal to 31.03.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Mr. Tejas Patil for plaintiff is present and submitted that earlier the NM was argue before the Court and was posted for order. He orally requested time for NM hearing on the next date. Granted. The caption is changed.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 12.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Mr. Tejas Patil for the plaintiff is present and orally requested time for NM hearing.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and strongly objected to consider this request.
The record shows that sufficient time is already granted to the plaintiff to argue the NM. Time an again, the plaintiff was directed to argue the NM and as he failed, it was posted for dismissal. Even today, he is not ready to argue the NM. It is, thus, clear that he is not interested to proceed further. In the result, to avoid delay, this request is discarded and the interim stands vacated.
Adjourned for NM hearing to 13.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Mr. Tejas Patil for the plaintiff is present and filed additional affidavit in NM No. 293/2019. Copy is supplied to the other side.
Adv. Mrs. J.V. Mhatre h/f Adv. Tawakuli for defendants/MCGM is present.
Adjourned for NM hearing to 20.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Rajesh Patil for the plaintiff is present and orally requested time for NM hearing. Granted as a last chance.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM hearing to 17.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM hearing to 16.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
Adjourned for NM dismissal to 28.03.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for NM dismissal to 04.05.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for NM dismissal to 18.08.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM dismissal to 16.09.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: None present for the plaintiff to proceed with the NM. NM 293/2019 stands dismissed in default.
Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for draft issues to 07.11.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for draft issues to 04.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: None present for the plaintiff.
Adv. Mr. Giri h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 17.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 20.04.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2024
Date: 20-04-2024
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: None present for the plaintiff.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present.
Adjourned for draft issues to 13.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: None present for the plaintiff.
Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 15.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: None present for the plaintiff.
Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 12.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ MCGM is present.
Adjourned for draft issues to 04.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metkari for defendant/BMC is present. Parties have not file draft issues.
Adjourned for draft issues to 25.03.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: None present for the plaintiff. Adv. Mrs. Matakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Parties not file draft issues.
Adjourned for framing of issues to 26.06.2025.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2025
Date: 26-06-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Issues are framed at Exhibit 6.
Adjourned for filing documents on affidavit to 01.08.2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-08-2025
Date: 01-08-2025
Business: None present for the plaintiff to lead evidence. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for dismissal to 20.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: court is on leave, hence adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Judgment in SU No. 1662/2022.
Adjourned for dismissal to 20.12.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025
Date: 20-12-2025
Business: P.O. is on leave. Hence adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 06-02-2026
Date: 06-02-2026
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 12.05p.m.
The appearance is as above. None present for the plaintiff when called repeatedly. Hence, suit is posted for dismissal.
Adjourned for dismissal to 07.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: None present for the plaintiff. Adv. Mr. Botlawar h/f Adv. Mrs. Metakari for defendant/BMC is present. As per telephonic message received from the office not to pass any adverse order. Hence, today matter adjourned.
Adjourned for dismissal to 21.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 12.45 p.m.
The appearance is as above. Kept back.
Later on 1.20 p.m.
The appearance is as above. Kept back.
Later on 4.15 p.m.
The appearance is as above.
The plaintiff and his advocate absent whend called repeatedly. No any application is on record for seeking adjournment. Today matter is fixed for passing dismissal order. Record shows that after framing issues on 26.06.2025, below Exhibit 6 the plaintiff has failed to adduce his evidence on his behalf. Here looking this fact it can be said that the plaintiff has lost his interest in order to proceed with the suit further. In such, situation no purpose would be serve to keep the matter pending unattended, and adjourned the same for one more date on the same stage. Hence, with these words, I proceed to pass following order.
ORDER
01. Suit No.2050/2018 is dismissed for want of prosecution.
02. Pending applications if any, are automatically disposed of accordingly.
03. Proceeding is closed.
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: 21-02-2026