Date: 29-06-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and filed original Notice of Motion No. 2369/19 along with affidavit in support of Notice of Motion. T.O.R.
He also filed affidavit of service. TOR.
Advocate Mr. Giri alongwith adv. Ms.Mhatre for defendant/MCGM present and submitted affidavit in reply along with list of documents. TOR List of documents marked as Exh. 2.
Heard advocate for plaintiff and defendant on continuation of ad-interim relief. Though it is submitted by the advocate for defendant that the construction is going on in breach of the order passed by this Court, the photographs pertain to the activities on the first floor whereas the impugned notice is given to the second floor. The subject matter of order dated 27.06.2019 is also the second floor.
Considering circumstances, ad-interim relief is continued till next date. Plaintiff shall also maintain status quo as ordered on 27.06.2019.
Defendant is at liberty to pass fresh speaking order considering the reply filed by the plaintiff.
The case is adjourned to 03.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 30.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and sought time. Time is granted.
Advocate Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 21.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Advocate V.T.Dubey h/f adv B.P.Shukla for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 14.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Mr. B. P. Shukla for Plaintiff, prayed for adjd to file rejoinder.
Adv. Ms. Mhatre h/f adv.Hajare for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd.for NM hearing on 03.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Advocate Yadav h/f adv. Shukla for plaintiff, prayed for adjd.
Advocate Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 28/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Mr. B.P. Shukla for plaintiff, prayed for adjd.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Exh.3- NM rejoinder filed by plff., copy supplied to deft.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM rejoinder on 03.04.2020.
Next Purpose: REJOINDER
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: REJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown
Next Purpose: REJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: REJOINDER
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjd. to
Next Purpose: REJOINDER
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
Adv. Tondwalkar h/f Adv.Mhatre for deft./MCGM present.
Pff. to argue positively on next date, in default. EOC may be vacated.
Earlier order, if any, to continue till next date.
Matter is adjd.to 05-02-2021 for NM Hearing
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. S.K. Saha for plaintiff present.
Adv. Ms. Tondwalkar h/f Ms. Mhatre for deft./MCGM present and requested for short adjournment.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 24.03.21.
Judge
Next Purpose: HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 18.06.21.
Judge
Next Purpose: HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)(Matter pertains to C.R. No.11)
Adv. Yadav for plaintiff present.
Adv. Adv Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for hearing to 27/09/2021.
Next Purpose: HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Yadav for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For hearing to 12.11.2021.
Next Purpose: HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Yadav for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For hearing to 05.01.2022.
Next Purpose: HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Mr. B.P. Shukla for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard argument both the sides.
Earlier order, if any, to continue till the next date.
Adjourned for NM order to 12.01.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
F.R.S.R. following order is passed on NM No.2369/2019:
ORDER
(i). Notice of Motion No.2369/2019 is made absolute in terms of prayer clause (a), leaving the defendant at absolute liberty to proceed against the suit premises, by following the due process of law.
(ii). Costs to follow the event.
Adjourned for WS to 02.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO 2.52 pm.
None present for plaintiff.
Advocate for the defendant submitted that even otherwise, in view of the Order on NM, the suit may be disposed off finally. However, as nobody is present for the plaintiff, the matter is adjourned.
Adjourned for Order/WS to 25.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted.
Adjourned for WS to 15.07.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file WS. Granted as a last chance.
Adjourned for WS to 14.09.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Sunita Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file WS. He submitted that in view of Order on NM, the suit may be disposed of. The advocate for the plaintiff wants to verify this position. Time is granted.
Adjourned for WS (LN) to 09.11.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 01:00 pm.
Appearance as above.
Mr. Nitin Baburao Kamble, EA, B&F, \''L\'' Ward is present. He submitted that in view of the NM Order, the defendant is going to follow the due process of law, by passing Speaking Order afresh after considering the notice reply and documents filed by the plaintiff. He submitted that even after passing of the Speaking Order, if it goes against the plaintiff, the defendant would not proceed against the notice structure for the period of two weeks from the date of its passing. His statement is taken on record. On his statement, the advocate for the plaintiff requested for placing the matter before National Lok-adalat for the withdrawal of the suit. He also undertook to secure presence of the plaintiff on that day. By consent of the parties, issuance of separate notice is dispensed with and the suit is referred to the ensuing Lok-adalat.
Adjourned for lok-adalat to 12.11.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.11
Plaintiff absent.
Adv J. S. Yadav for plaintiff present and stated that plaintiff is not willing to withdraw the suit.
Shri Kandangale for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 14.12.2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of the defendant.
Adjourned for R/E (no WS) (LN) to 27.01.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
By consent of the parties, the matter is referred to lok-adalat and the issuance of separate notice is also dispensed with.
Adjourned for lok-adalat to 11.02.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: NATIONAL LOK ADALAT HELD ON 11.02.2023 (PANEL- X)
Matter pertains to CR No.11
None present for plaintiff.
Adv S.C. Khandagale for defendant/BMC present.
Shri. Nilesh Sawant JE, L Ward for BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Shri. BMC presnet.
Matter is adjd to 17.04.2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present
Adv. Mr. G.O. Giri for defendant/MCGM is present.
By consent of the parties, the matter is referred to lok-adalat and the issuance of separate notice is also dispensed with.
Adjourned for Lok-adalat to 30.04.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.11
Adv Dubey for plaintiff present.
Advocate Giri for defendant/BMC present.
Mr. Dilip Jadhav attached to BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 20-07-2023
Panel Head Panel Member
HHJ Smt. A.H. Kashikar Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Ms. Chavan for defendant/MCGM is present. There is possibility of settlement in this matter. Hence, by consent of the parties it is referred to ensuing Lok-Adalat and the issuance of separate notices is dispensed with.
Adjourned for Lok-adalat to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: The plaintiff is present in person and submitted that he does not want to proceed with the matter. Hence, in view of the earlier statement of the Officer on 09.11.2022,it may be disposed of.
Adv. Ms. Sunilta Dubey for the plaintiff is present.
Adv. Mr. Giri for defendant/BMC present.
Mr. Nilesh Madhukar Sawant JE, is present.
The advocate for plaintiff filed pursis for withdrawal of the suit. TOR. It is marked at Exh.2. O- The contents are verified. Pursis is seen and filed. Suitable Order is followed below Exhibit 1.
Order below Exhibit 1:
In view of the earlier statement of the Officer on 09.11.2022 and the pursis (Exh.2), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications are, therefore, filed. The parties to bear costs of this suit. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, 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: WITHDRAWL
Disposal Date: 09-09-2023