Date: 05-06-2018
Business: Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Tadvi h/f. Adv. Mrs. Kamble for defendant / BMC present.
Affidavit submitted by defendant no. 1 dated 29.05.2018 taken on record.
O - Earlier order to continue till next date.
Plaintiff tendered NM 1998 of 2018. t.o.r.
Adjd. to 12.06.2018 for NM Reply / Rejoinder.
Next Purpose: REPLY
Next Hearing Date: 12-06-2018
Date: 12-06-2018
Business: Adv. Ms. Priti Merchant h/f. Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Kamble for defendant / BMC present and filed reply and documents. Copy served to other side.
Earlier order to continue till next date.
Adjd. to 26.06.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-06-2018
Date: 26-06-2018
Business: Adv. Mohit Jadhav for Plaintiff present.
He tendered rejoinder.
Adv. Mr. Tushar Kadam for applicant.He tendered registered Chamber Summons.
Adv. Ms. Tadvi for defendant / BMC present.
heard Plff. and defendant corporation.
Earlier order to continue
Adjd. For order on NM of 03.07.2018
Next Purpose: NM ORDERS
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Due to heavy rain board is discharged.
Adjd to 26.07.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 26-07-2018
Date: 26-07-2018
Business: Adv. Ms. Sarika Kamble h/f Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
Adv. Mr. Tushar Kadam for applicant present.
O - Earlier order to continue till next date.
Adjd. to 14.08.2018 for N/m No. 1998/18 and Ch/s No.901/18
argument .
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Adv Tiwari for plff present.
Adv Tadvi for BMC/deft present and requested time to file inspection report.
Plff is directed to get suit register.
Earlier order to continue till next date.
Adjd to 18/09/2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Adv. Ms. Megha for Plaintiff present.
Adv. Mrs. Kamble for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 22.01.2019 for Ch/s. Reply.
Next Purpose: C/S REPLY
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 ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv. Ms. Chaurasiya for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
None for applicant.
Adv. for Plff filed writ of summons. t.o.r.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: None for plaintiff.
Adv. Khandagle for Deft./MCGM present.
None for applicant.
Adjd to 13.08.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Adv. Megha Shigvan for plaintiff present and tendered Ch/s reply. Copy served to other side.
Adv. Vishal Jathar for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 27.08.2019 for Ch/s hearing.
Next Purpose: C/S HEARING
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.
Adv. Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 10.10.2019 for Ch/s. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
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 Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv Megha Shegwan 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 CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 26-06-2020
Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: adjd to
Next Purpose: C/S HEARING
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: CORAM H.H.J SHRI.G. G. BHANSALI (C.R.NO.11)
(In-charge of C. R. No.8)
None for plaintiff.
Adv. Khandagale h/f Adv. Hazare for Deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 26/11/2020 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Chourasiya h/f. Adv. Mr. 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 Ch/s. hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Earlier order, if any, to continue till next date. Matter adjd to 08/06/2021 for Ch/s hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: C/S HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv Kajal Chaurasiya h/f Adv Mohit Jadhav for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv Gayatri Dhumal h/f Adv Mohit Jadhav for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 25/11/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv Gayatri h/f Adv Mohit Jadhav for plaintiff present.
Adv Rawade h.f. Adv. Chavan for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/02/2022 for Nm reply.
Next Purpose: NM REPLYREJOINDER
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 for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: As Court is busy in hearing in urgent ad-interim reliefs of CR NO.04 and CR NO.11 and dictating NM orders, afternoon board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
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.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
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.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 21/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Matter pertains to C.R. No.04.
Ms. Chourasiya h/f. Mr. Jadhav advocates for plaintiff present
Adv. Mrs. Mhatre for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 29/3/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Ms.Kajal Chourasiya h/f.Adv. Mohit Jadhav for plaintiff and requested time to argue the NM. Time is granted.
Adv. Mrs.Mhatre h/f. Adv.Mr. Suryavanshi for BMC is present.
Ch/s. No.901/18 is pending for hearing. None present for 3rd party applicant. Hence, Ch/s. No.901/18 is kept for dismissal order.
Earlier order, if any, to continue till next date.
Matter is adjd. to 18.04.2023 for Hearing NM and Ch/s..
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Megha Shigwan h/f. Adv. Jadhav for plaintiff present.
Adv.Ms. Mhatre for BMC.
Adv. R. R. Dikhade for applicant in Ch/s. No.901 present and requested time to argue chamber summons on the ground that his senior counsel was absent today. O-Granted.
Earlier order if any continue till next date.
Adjd. to 13/06/2023 for Arguments in Chamber summons and N.M.
Next Purpose: NM ARGUMENTS
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.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Advocate Kajal Chourasia h/f Mohit Jadhav for plaintiff present and submitted that other group matters are kept on 20.07.2023. Hence, this matter be adjourned today and kept on same day. Hence, adjourned
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 20.07.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and sub this matter is from the group matter which are posted on 17.08.2023. hence, matter adjourned.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 17.08.2023 for 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 seeks time to file Rejoinder. Time granted as a last chance.
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.
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: 16-10-2023
Date: 16-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered ch/s No. 1858/2023. 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. 1858/2023.
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 CTS No and area of the suit premises. It is contended that after filing suit plaintiff came to know that inadvertently incorrect area and CTS Number has been mentioned. therefore it is necessary to correct area and CTS number of the suit premises. Plaintiff is seeking permission to add Para-4(a) and seeking permission to add contention about 351 notice in year 2009 and filing of suit number 759/11.
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 is seeking permission to correct the CTS No and area of the suit premises. It is contended that after filing suit plaintiff came to know that inadvertently incorrect area and CTS Number has been mentioned. therefore it is necessary to correct area and CTS number of the suit premises and also seeking permission to add Para-4(a) and seeking permission to add contention about 351 notice in year 2009 and filing of suit number 759/11.
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 CTS number and area and also seeking permission to add contention in respect of earlier 351 notice and filing of suit in the year 2011. 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. 1858/2023 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. 1858/2023 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.
Counsel Adv Tawakkuli a/w 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.
Adv. Ms. Megha Shigwan h/f Adv. Mohit Jadhav for the plaintiff is present.
Adv. Mr. Tawakuli a/w Adv. Mrs. Mhatre for defendant/MCGM is present. On his say, the matter is kept back.
Mr. Barwade Rajendra Ramchandra, JE, is present.
Later on at 4.00 p.m.
Adv. Mrs. Mhatre h/f Adv. Mr. Tawakuli for defendant/MCGM is present. Rest appearance is as above.
Advocate for defendant/MCGM submitted that the plaintiff reconstructed the structure and filed additional affidavit in pending NMs. O- Filed. Copy is supplied to the other side. In view of this affidavit, the plaintiff is placed at liberty to file reply affidavit, if so desired. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 28.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Advocate Mohit Jadhav for plaintiff present.
Counsel Adv. Tawakulli 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.
Counsel Tawakulli with 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. Mr. Tawakulli with Mrs. Mhatre for BMC present
F.R.S.R. following order passed on N/M. No. :-1998/2018
ORDER
Notice of Motion is dismissed.
Adv. for plaintiff filed application for continuation of EOC-TOR marked Exh.5-Other side to say-Say filed
Adv for deft/BMC submitted that NM Reply be treated as WS.Granted
Exh. 6 Written Statement
Adjd. to 14/12/2023 for hrg. on Exh.5.
Nature Of Disposal: DISMISSED
Disposal Date: 13-12-2023
