Sharda Jaya PoojariVsMCGM And Anr

Date: 05-07-2019
Business: Adv. Mohan Shetty for plaintiff present and tendered original NM No. 2434/19 with affidavit.  He also tendered original writ of summons.
Adv. Khandagle for MCGM/Deft. present and filed documents.  Copies given to other side.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint, documents filed by defendant MCGM along with affidavit and heard both sides.  The plaintiff challenges show cause notice u/s 351 of MMC Act in respect of alleged unauthorized construction of shop in compulsory open space of the building as given in the notice. By the said notice plaintiff is directed to show sufficient cause why such building shall not be removed, altered or pulled down.  Explanation to section 351 (b) provides meaning of to show sufficient cause to mean to prove that the work mentioned in the said notice is carried out in accordance with provisions of sections 337 or 342 or sec. 347 of MMC Act.  In the instant matter plaintiff relies his claim of such sufficient cause on rent receipts, registration certificate of the shop, electricity bills, telephone bills.  None of these documents establish that the building is erected in accordance with above provisions.  Ld. Adv. for the defendant has tendered sanctioned plan of the building which does not show existence of the suit premises/shop.  The plaintiff has averred that the suit shop is in existence since prior to 1962 but his rent receipts are starting from 1983.  As such there are no document to prove authorization of the suit shop or that it is tolerated structure under the policy of defendant MCGM.  Hence plaintiff is not entitled for ad-interim relief and the same is rejected.
Adjd to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Adjd to 20/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
 Matter adjd to 24.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.2434/19. Time is granted till next date.
Matter adjd to 22/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 13/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
Adjd. To 20/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 21/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 15/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date
Adjd. to 10/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 16/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adjd. to 21/02/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As Court is busy in hearing urgent N/M and ad-interim relief and passing order in N/M, board is discharged.
Adjd. to 15/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None present for plaintiff
Advocate Mhatre h/f Adv. Suryavanshi for defendant/BMC present and seeks time to file reply to NM, Time is granted.
Adjd to 07.08.2023 for NM  Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: None present  for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Adjd  to  20.09.2023  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: None for plaintiff
Adv. Mrs. Mhatre for B.M.C. present and requested time to file reply to N/M-Granted
Adjd. to 29/9/2023 for N/M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted
Adjd  to 30.10.2023    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and tendered NM Reply. Taken on record. Copy of plaintiff kept  in R & P.
Adjd  to  24.11.2023    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Today matte is posted for NM hearing but none present for plaintiff. Hence matter adjourned and kept for dismissal of NM
Adjd  to  16.12.2023   for Dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd  to 20.01.2024   for  NM Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
keep back
Later  on 4.40 p.m
    This NM is of year 2019 and it is pending for hearing. The roznama shows that since many dates neither plaintiff nor his Adv remains present. Hence NM is kept for dismissal but inspite of that today none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence I have no option but to dismiss the NM for want of prosecution. Hence I pass following order.
ORDER
Notice of Motion No. 2434/19 is dismissed for want of prosecution
Adjd  to 13.03.2024  for NO WS order
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-01-2024

Main Case No: SUIT/0101581/2019
Main Cnr: MHCC010064052019
Main Filing No: 111447

Registration Number: 102434/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107203/2019
Filing Date: 03-07-2019
First Hearing Date: 05th July 2019
Decision Date: 20th January 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE