Date: 30-05-2018
Business: Adv.Mr.Mohit Jadhav for Plff.present.
Adv.Mrs.Kamble for BMC/Deft is present.
Sub Engineer, Mr.Kulkarni is present.
Adv.for MCGM filed adjournment application t.o.r.marked at Exh.A.
Order below Exh.A.
Perused application and Say. Heard. Considering over all circumstances, the MCGM is granted time to file reply till 08.06.2018 with a specific directions that the MCGM shall supply the copy of reply well in advance to the plffs. Matter be kept for N/m reply and hearing on 08.06.2018 at 2.45 pm.
Earlier order to continue till next date.
Sheristedar is directed to provide authenticated copy to both the sides.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2018
Date: 08-06-2018
Business: Adv. Mr. Mohit Jadhav for plaintiff present.
He filed original N/M no. 1999/18.
Adv. Ms. Kamble for BMC present.
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.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-06-2018
Date: 12-06-2018
Business: Adv. Mr. Mohit Jadhav 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. Ms. Priti Merchant h/f Adv. Mr. Mohit Jadhav 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. Ms. Megha h/f adv. Mr. Mohit Jadhav for plaintiff present.
Adv. Mr. Mr. Giri a/w Adv. Ms. Kamble for BMC/ defendant present.
None present for applicant.
Earlier order if any, to continue till next date.
L.O.
Adv. Mr. Kadam for applicant present.
Adjd to 20.6.2018 for ch/sum order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv. Mr. Giri for BMC present.
Adv. Ms. Yojna Shaikh h/f adv. Mr. Mohit Sharma for plaintiff
present.
She filed rejoinder. t.o.r.
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
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Reason For Adjournment: court time is over
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
Reason For Adjournment: court time is over
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. 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: NOTICE OF MOTION
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: NOTICE OF MOTION
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 Suit Stayed.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv Gayatri Kumar h/f Adv Mohit Jadhav for plaintiff present.
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.
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. Chourasiya h/f. Mr. Jadhav for plaintiff present
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. 05.
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate 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 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.
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: 16-10-2023
Date: 16-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered ch/s No. 1857/2023. 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. 1857/2023
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-3(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-3(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. 1857/2023 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. 1857/2023 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 injuction
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. :-1999/2018
ORDER
Notice of Motion is dismissed.
Adv. for plaintiff filed application for continuation of EOC-TOR marked Exh.7-Other side to say-Say filed
Adv for deft/BMC submitted that NM Reply be treated as WS.Granted
Exh. 8 Written Statement
Adjd. to 14/12/2023 for hrg. on Exh.7.
Nature Of Disposal: DISMISSED
Disposal Date: 13-12-2023
