Rajesh B. SharmaVsMCGM And Ors.

Date: 02-07-2019
Business: Due to heavy rain, staff members and litigants have not attended Court. Hence board is discharged and matter is adjd.
Adjd to 13.09.2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. P.R. Moses for plaintiff present and tendered original registered NM NO. 2376/19 along with affidavit in support.
Adjd to 24/10/2019 for NM service/reply.
Next Purpose: SERVICE
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Adv.Amit Chhoda h/f adv.Jitendra R.Gautam  for plaintiff present and file V/P.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 24.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter adjd to 15/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 25/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adv. Suresh Dubey  for applicant present and tendered V.P., t.o.r. and marked as Exh.3. He also tendered draft Chs. alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s., returnable on next date. Copy is served to the Defendants. Copy be served to the Plaintiff.
Matter is adjd to 25/01/2022 for CS service upon Plaintiff /CS and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Adv. Jitendra Gautam for plff present.
Adv. Rawade for defendant / MCGM present.
Adv. Bhavna Umredkar for applicant present and tendered original registered Ch/S. No.1907/2021 alongwith affidavit in support thereof, and affidavit of service, t.o.r.
In view of office order no.7/2022 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.
Adjd. to 01.03.2022 for CS and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Jitendra Gautam for plaintiff present and tendered reply to chamber summons 1907/22. t.o.r. Copy is served to other side.
Adv. Rawade for defendant/MCGM present.
Adv. Bhavana Umredkar for applicant present.
Matter is adjd to 19/03/2022 for filing reply by defendant/MCGM to Chamber summons/hearing of Chamber summons and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Jitendra Gautam for plaintiff present.
None for Defendant/MCGM, N/Ward.
Adv. Suresh Dubey a/w. Adv. Bhavana Umredkar for applicant  present.
Heard argument on Ch/s. No.1907/2021 by Ld. advocates for plaintiff and applicant.
As none present for Defendant/MCGM, no argument order is hereby passed against Defendant/MCGM.
Adjd. To 29/03/2022 for order on Ch/s. No.1907/2021/NM reply by Defendant/MCGM.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Jitendra Gautam for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Adv. Bhawna Umredkar for applicant present.
 Order on Ch/s No.1907/2021
           The applicant has taken out ch/s to added him as a party deft no.2 in a suit.
           It is alleged by applicant that present applicant has purchase the suit property from M/s. Divya Constructions by register deed dt.10.06.2012. So applicant is a landlord of plaintiff his right, title and interest involved in suit property. The suit building is now dilapidated condition therefore applicant has started to redevelop the same and process of redevelopment is started by applying with the corporation and other authorities. The applicant being landlord of suit premises his rights involved in the suit property. Therefore he is necessary and proper party to the suit. If applicant is not made party in the suit the decision of this suit will affect on his interest. If applicant made party in the suit no hardship will be cause to the plaintiff. Nature of suit also will not change. Therefore, applicant prayed for adding him as  a party defendant in suit.
          The plaintiff appose the Chamber summons by contending that the present chamber summons taken on by the applicant only to harassed the plaintiff. Applicant have no locas standi to file chamber summons as his neither necessary party nor a proper party. Without adding applicant this suit can be heard and finally decided. In present suit only two parties are necessary parties, one who is plaintiff as occupant of the suit property and other the defendant/MCGM who had issued notice of demolition to the plaintiff. Therefore the presence of applicant in the suit is not at all necessary. Hence prayed for rejection of chamber summons.
           Perused Chamber summons, affidavit in support thereof, perused documents filed by both parties. Heard both advocate at length.
           On going through the record it reveals that applicant is a landlord of suit property. As per the allegation of defendant/MCGM, the suit premises is in dilapidated condition and requires immediate demolition. It is also come on record that the redevelopment process has been started. Therefore in my opinion applicant being owner of the suit property his interest involved in the suit property. The redevelopment process cannot be finalized without the presence or consent of applicant. The decision of the suit will definitely affect on the rights of the applicant. Therefore, in my opinion applicant is necessary party in the Suit.
Considering this I pass following order
ORDER
1)            The prayer clause (a) of Chamber Summons No.1907 of 2021 is made absolute and allowed.
2)           Plaintiff is directed to add applicant as party defendant no.2 in the Suit by amending the plaint within stipulated period.
3)       The Copy of amendment plaint be served on all the defendants.
4)     Chamber Summons No.1907 of 2021 is disposed of accordingly.
Adjd. To 12/04/2022 for Compliance/NM Reply be deft/MCGM.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM is present.
Adjd. To 07/06/2022 for Compliance/NM Reply be deft/MCGM.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Jitendra Gautam for plaintiff present and requested for time to serve the copy of amended plaint upon deft. Time is granted till next date.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Gharat for deft. No. 2 present.
Adjd. to 14/07/2022 for compliance by plaintiff/NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Suresh Dubey for deft. No. 2 present.
K.B.
L.O. at 04.30 p.m.
Adv. Poonam Pal for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Suresh Dubey for deft. No. 2 present.
On oral request of Adv. for plaintiff to supply the copy of amended plaint to deft., time is granted till next date.
Adjd. to 10/08/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Jitendra Gautam for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Suresh Dubey for deft. No. 2 present.
On oral request of Adv. for plaintiff to supply the copy of amended plaint to deft., time is granted till next date.
Adjd. to 24/08/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Jitendra Gautam for plaintiff present and supplied amended copy of plaint to deft. No.2.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Umredkar h/f Adv. Suresh Dubey for deft. No. 2 present. On oral request of Adv. for plaintiff to supply the copy of amended plaint to deft. No.1/BMC, time is granted till next date.
Adjd. to 20/09/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Jitendra Gautam for plaintiff present and served copy of amended plaint to other side.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Umredkar for deft. No.2 present.
Adv. for plaintiff is directed to file affidavit of service on next date.
Adjd. to 15/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Umradkar for deft. No.2 present.
K.B.
L.O.
Adv. Ditnedra Gautam for plaintiff and tendered draft N/M, TOR. Copy is supplied to both the defts.
Adv. for deft. No.1 requested time to file to reply to both N/M. Time is granted till next date as a last chance for filing reply to  N/M No.2378/2019
Adv. for deft. No.2 tendered reply to original N/M No.2378/2019 and W/S, TOR W/S is marked as Exh.4 and also requested time to file reply to draft N/M. Time is granted till next date.
Adjd. to 29/11/2022 for reply to N/M No.2378/2019 and draft N/M by deft. No.1/BMC and reply to draft N/M by deft. No.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Court is busy in urgent ad-interim hearing. Hence, board is discharged.
Adjd. to 06/12/2022 for reply to N/M No.2378/2019 and draft N/M by deft. No.1/BMC and reply to draft N/M by deft. No.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Umredkar h/f Adv. Suresh Yadav for deft. No.2 present and tendered reply to N/M, TOR. Copy is supplied to deft. No.1/BMC and copy of the plaintiff kept in R and P.
Adv. for deft. No.1/ BMC requested time to file reply to N/M. Time is granted till next date.
Adjd. to 17/01/2023 for N/M reply by deft. No.1/ BMC.
L.O. at 03.50 p.m.
Adv. Jitendra Gautam for plaintiff present and tendered original N/M No.4570/2022, TOR and received copy of N/M reply filed by deft. No.2.
Already adjd. to 17/01/2023 for N/M reply by deft. No.1/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Ms. Umredkar h/f Adv. Suresh Yadav for defendant No.2 present.
Adjd. to 23/03/2023 for N/M reply by defendant No.1/ BMC.
L.O.
Adv. Jitendra Gautam for plaintiff present.
Already adjd. to 23/03/2023 for N/M reply by defendant No.1/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv Ms. Poonam Pal h/f. Jitendra Gautam for plaintiff present.
Adv Ms. Mhatre for deft / BMC present.
She requested for time to file reply to both N/m.
Adv Ms. Umredkar h/f. Dubey for deft no.2 present
Matter is adj for filing reply by deft no.1 to both n/m to 02/05/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for defendant no. 1 / BMC is present and seeks time to file NM reply. NMs are pending since long for reply, hence last chance is granted.
Adv. Ms. Umredkar hf Adv. Mr. Suresh Yadav for defendant no. 2 is present.
Adjd. to 13.06.2023 for NM reply by defendant no.1 / BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Court is on leave
Matte adjounred
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: As court is busy in hearing urgent ad-interim and NM hearing. Due to paucity of time, Board is discharged.
Adjd  to 17.08.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Advocate Jitendra Gautam for plaintiff present.
Adv. Umredkar h/f Yadav for deft No. 2 present.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Suit  is of year 2019, hence time is granted as a last chance.
Adjd  to   28.11.2023  for NM Reply by deft.No.1/BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Advocate Jitendra Gautam for plaintiff present.
Advocate Mhatre for defendant No.1/BMC present and seeks time to file reply to NM. Time is granted.
Adv. Suresh Dubey for deft No. 2 present.
Adjd  to 09.01.2024 for  NM Reply  by deft/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: As Court is busy in dictating NM order, Board is discharged.
Adjd  to 13.02.2024 for NM Reply by deft/BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Adv Umredkar for deft No. 2 present.
keep back as matter will called serially
Later on 3.29 p.m.
Adv. Jitendra Gautam for plaintiff present
Advocate Jyoti Patil-Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 28.03.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: As Court is busy in Judgment in Suit No. 1602/2014, Board is  discharged. Hence matter adjourned.
Adjd  to 20.04.2024    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant no.1/BMC present and seeks time to file reply to NM. Time is granted.
Adv. Suresh Dubey for deft No. 2 present.
Adjd  to  27.06.2024   for NM Reply by deft No.1/BMC
Later on
Adv. Poonam Pal h/f Jitendra Gautam for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate Jitendra Gautam  for plaintiff present.
Advocate Metakari for defendant No. 1/BMC present and seeks time to file reply to NM. Time is granted as a last chance
Adv Umradkar  for D-2 present.
Adjd  to 13.08.2024     for  NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant No.1/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as a suit is of year 2019.
Adv Bhavna Umradkar for deft No. 2 present.
Adjd  to  12.09.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in NM No. 3115/2019 and ad-interim hearing. Board is discharged. Hence matter adjourned
Adjd  to 19.12.2024    for NM  Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: As Court is busy in ad-interim hearing and order, Board is discharged and matter is adjourned.
Adjd  to 30/01/2025 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff the proceeded with the matter. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without its reply. Adv. Mrs. Bhavana Umradkar h/f Adv. Mr. Suresh Dubey for the defendant No. 1 is present.
Adjourned for NM hearing/writ of summons to 18-03-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Deepak Sharma for the plaintiff is present and not pressed NM No. 2378/2019. Hence, NM No. 2378/2019 stands disposed of as not pressed. Adv. Mr. Swapnil Bharti for defendant No.1/MCGM is present. Adv. Ms. Bhavna Umradkar h/f Adv. Mr. Suresh Dubey for defendant No.2 is present.
Adjourned for NM hearing (MD) to 17.07.2025.
Nature Of Disposal: OTHERWISE
Disposal Date: 18-03-2025

Main Case No: SUIT/0101491/2019
Main Cnr: MHCC010034182019
Main Filing No: 111447

Registration Number: 102378/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107000/2019
Filing Date: 28-06-2019
First Hearing Date: 02nd July 2019
Decision Date: 18th March 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE