Mr. Keshav Vitthal TawadeVsMCGM And Ors

Date: 06-07-2019
Business: Adv. Rohit Dhikle for the Plaintiff present.
Adv. Jain for Defendant -4 present.
Adv. Japhari for applicant in Ch/s no. 1106/19 present.
Adv. Krishna Patel for Defendant no. 5 present.
Written Statement tendered by Defendant no. 5. t.o.r. O-filed. Exh. 10
Original registered N/M No. 2407/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Reply to Ch/s tendered by the Plaintiff. t.o.r.
Matter is adjd. to 24.07.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Renuka for Plaintiff present.
Adv. Punam Gupta for SRA present.
Adv. Jafri for applicant in Ch/s present.
Adv. for BMC/deft 1 and 2 present.
Earlier order to continue till next date.
Adjd. to 21.08.2019 for Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Renuka  for the Plaintiff present.
Adv. Chandra More for defendant nos. 1 and 2 present.
Adv. Jitesh Jain for Defendant no. 4 present.
Adv. Poonam Gupta for defendant no. 5 present.
Adv. Tariq Choudhary for applicant in Ch/Summ no. 1106/19 present. He seeks adjournment. Matter is adjd. to 06/11/2019 for C. S. hearing/NM hearing. Earlier order to continue till then.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Renuka  for the Plaintiff present.
Adv. Chandramore for Defendant no. 2present.
Adv.  Sivoj Sule I/b Noman Jafri for proposed Deft. present.
Earlier order to continue till next date.
Matter is adjd. to 03.12.2019 for chamber summons and hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: As Court is busy in hearing urgent matter and passing interim order, board discharged.
Earlier order if any, to be continued till next date.
Matter adj for Ch/S hearing on 20/12/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv.  Jafri for Applicants in Ch/S is present.
Adv. Chandramore  for defendant no. 1 and 2 is present.
Adv. Biz Samual for defendant no. 5 is present
Adv.  Kaveria for Plaintiff is present
Adv. Jain for defendant no. 4 is present.
Heard argument of adv. of applicant and plaintiff.
Matter is NT.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for Ch/S order to 13/01/2020 .
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv.Nooman Jafri applicant in C/S No.1106/19 is present.
Adv. Samuel for defendant no.5 present.
Matter is adjd. for compliance to 05/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: None for plaintiff.
Adv. Chandramore for the defendants no.1 and 2.
Adv. Mr. Trivedi for the defendant no.5.
Matter is adjd. to 09/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv. Mr. Kaustubh Raut  for the plaintiff
Adv. Chandramore for the defendants No.1 and 2.
Adv. Mr. Trivedi for the defendant No.5.
As per order dated 13/01/2020 in Ch/s No.1106/2019, permission was granted to the plaintiff to carry out amendment in the plaint in terms of prayer clause (a) and  (b). Despite extension of time by order dated 05/03/2020, the plaintiff has failed to carry out amendment in the plaint. The plaintiff has thus failed to comply with the order for more than one year. So, the request of the advocate for  the plaintiff for further extension of time to comply with the order dated  13/01/2020 in Ch/s No.1106/2019 cannot be considered.
Matter is adjd. to 27/04/2021 for passing dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: due to covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Mr. Prashant Kulkarni for the plaintiff present.
ADV. Chandramore for defendants No.1 and 2 present.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
Matter is adjd. to 16/09/2021 for tendering registered Ch/s.
Next Purpose: DISMISSAL
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Kaustubh Raut h/f adv. Anita Parab present for plaintiff and filed registered Chs. no. 906/21 @ affidavit. t.o.r. and he also filed affidavit of service.
Adv for defendant.
Matter adjourned for chs. reply to. 29/10/21.
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Court busy in dictating order and hearing  arguments in Ad-interim matters. Therefore, board is discharged.
Adv. Hajare for defendant/BMC present.
Matter is adjd. to 09/12/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv Kaustubh Raut present for the plaintiff.
Adv Chandramore present for the corporation.
KB
LO
ORDER
The CS is taken out bringing the legal heirs of deceased plaintiff on record. There is delay of 39 days. The suit is instituted for declaration in which substantial rights of the plaintiff are involved. IT is stated that due to the pandemic legal heirs could not brought on record within time.
Defendant has filed reply and objected the application.
In the above circumstances, the CS is allowed. Legal heirs of Plaintiff to carry out amendment with in time. No order as to cost. CS No.906/21 is disposed of accordingly.
Matter is adjd. to 23.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: As Court is busy in hearing arguments in other matter on board. Hence, board is discharged.
Matter is adjd. to 08.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. Koustubh Raut for Plff. present.
Adv. Hajare for Corporation present.
Ld. Adv. for Plff. submits that he has carried out amendment as per order in Ch/s No. 906/21. Hence matter is adjd. for filing of copies of amended plaint and service of amended plaint to defendants.
Matter is adjd. to 07-06-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Plaintiff 1A-Ranjana Tawade, 1-B Nirmala Tawade, 1-C Amar Tawade present and they are going to withdraw the suit unconditionally.
Adv. Kaustubh Raut I/b Adv. Anita Parab for plaintiff present and files application for withdrawal.
Adv. Trivedi for defendant no. 5 present.
Adv. Chandramore for BMC present.
Adv. Dinesh Jain for defendant no. 4 present .
Defendant nos. 4 and 5 have no objection for withdraw the suit.
Plaintiffs are directed to file document proof of their identify.
Matter is adjd. to 16-06-2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Koustubh Raut for plaintiff present.
Adv. Chandramore for BMC present.
Adv. Bhandari for defendant no. 5/SRA present.
Adv. for plaintiff filed Adhar Card for plaintiff nos. 1 to 3.
Adv. for plaintiff filed withdrawal application on 07/06/2022  . TOR and marked as Exh. 11.
Order
In view of application Exh. 11 defendant no. 4 giving possession to plaintiff therefore plaintiff going to withdraw the suit unconditionally. As per the direction plaintiff produced Adhar Card of plaintiff nos. 1 to 3. Hence Plaintiff\''s suit is withdrawn.
Order
Permission granted to plaintiff to withdraw suit unconditionally.
SU 1470/19 disposed off.
N/m 2407/19 disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 16-06-2022

Main Case No: SUIT/0101470/2019
Main Cnr: MHCC010049402019
Main Filing No: 111447

Registration Number: 102407/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 107153/2019
Filing Date: 01-07-2019
First Hearing Date: 06th July 2019
Decision Date: 16th June 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE