M/s. Everlasting Properties LLPVsMCGM +1 more

Date: 08-06-2018
Business: By precipe.
Advocate Mr. Pandey for plaintiff present and filed draft NM. Leave is granted to register the same.
Advocate Mr. Kumawat for deft./MMC present with officer Shri Sunil Tawade (DO) and  filed reply to the notice of motion t.o.r.
Mr. Pandey advocate for plaintiff has submitted that defendant will demolish the suit premises. In connected matters the arguments of the Ld. Counsel are going on. Hence, in this facts and circumstances defendant is directed not to take any coercive action till next date.
Adjourned for NM hearing to 13.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Business: Advocate Mr. Pandey for plaintiff present.
Advocate Mr. Vyas a/w Mr. Tavakkuli and Mr. Kumawat for deft./MMC present with officer Sunil Tawade (DO).
Court is busy in hearing arguments in other connected matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for hearing on NM to 25.06.2018.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2018

Date: 25-06-2018
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli a/w Mr. Vyas and Mr. Kumawat for deft./MMC present.
Court is busy in hearing urgent matters.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 28.06.2018.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2018

Date: 28-06-2018
Business: Advocate for plaintiff present and filed registered NM No.2138/18 and requested short adjournment on the ground that he is not feeling well.
Advocate Mr. Tavakkuli a/w Mr. Vyas and Mr. Kumawat for deft./MMC present.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM hearing to 02.07.2018 (12.30 p.m.).
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: Advocate for plaintiff present
Advocate Mr. Tavakkuli a/w Mr. Vyas and Mr. Sutar for deft./MMC present with officer Vishal Mhaiskar (D.O.) and Yogesh Kondgekar (JE).
Defendant-corporation is directed not to take any coercive action till next.
Due to paucity of time adjourned for NM hearing to 04.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Advocate for plaintiff present.
Advocate Mr. Tavakkuli a/w Mr. Vyas and Mr. Kumawat for deft./MMC present.
Defendant-corporation is directed not to take any coercive action till next.
Due to paucity of time adjourned for NM hearing to 06.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2018

Date: 06-07-2018
Business: Advocate Mr. A.R. Pande for plaintiff present.
Advocate Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
Partly heard Shri Pande advocate for plaintiff on interim relief.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for further hearing on interim relief to 09.07.2018.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018

Date: 09-07-2018
Business: Matter is wrongly shown on board.
Adjourned to 10.07.2018 for NM hearing.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Advocate Mr. Pande  for plaintiff present.
Advocate Mr. Vyas alongwith Advocate Mr. Kumawat for deft./MMC present.
Today there is heavy rain.
Defendant is directed not to take coercive action till next date.
Adjourned for NM hearing to 12.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2018

Date: 12-07-2018
Business: Advocate Mr. A.R. Pande for plaintiff present.
Advocate Mr. Kumawat for deft./MMC present.
Heard arguments by advocate for plaintiff.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for further hearing on NM by defendant to 13.07.2018.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2018

Date: 13-07-2018
Business: Advocate for plaintiff present.
Advocate Mr. Vyas a/w Mr. Kumawat for deft./MMC present.
Heard arguments by Mr. Vyas for defendant.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for NM order to 18.07.2018.
                                                                           Judge
Next Purpose: NM  ORDERS
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Advocate Mr. R.A. Dubey and Mr. S.V. Shukla h/f Mr. A.R. Pande for plaintiff present.
Advocate Mr. A.N. Tavakkuli a/w Mr. D.K. Vyas and Mr. V.P. Kumawat for deft./MMC present.
F.R.S.R. the following order is passed on NM -
                                    ORDER
1. Notices of Motion Nos.2138/18 in L.C. Suit No.1338/18, 2139/18 in L.C. Suit No. 1339/18, 2154/18 in L.C. Suit No.1359/18, 2017/18 in L.C. Suit No.1241/18, 2145/18 in L.C. Suit No.1361/18, 2148/18 in L.C. Suit No.1358/18 and 2150/18 in L.C. Suit No.1360/18  are hereby dismissed with costs.
2. Copy of the order be kept in L.C. Suit Nos. 1339/18, 1359/18,
1241/18, 1361/18, 1358/18 and 1360/18.
                                                                              Judge
Plaintiff filed an application to stay the impugned order at Exh.2.
Other side to say.
Adjourned for say/order on application Exh.2 to 19.07.2018.
                                                                           Judge
Next Purpose: ORDER
Next Hearing Date: 19-07-2018

Date: 19-07-2018
Business: Advocate for plaintiff present.
Advocate Mr. Kumawat for deft./MMC present.
F.R.S.R. the following order is passed on application Exh.2 -
                                     ORDER
Earlier order continue for 3 weeks from the date of order of the Notice of Motion.
Adjourned for W.S. to 27.09.2018.
                                                                           Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Advocate for plaintiff present.
Advocate Mr. Kumavat for deft./MMC present and requested short time to file written statement.
Adjourned for filing written statement subject to limitation to 05.12.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Advocate Mr. Mithilesh Mishra for plaintiff present.
Advocate Mr. Kumawat for deft./MMC present and filed W.S. Taken on record and marked as Exh.3.
Adjourned for draft issues to 06.03.2019.
                                                                           Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Advocate for plaintiff present.
Advocate Mr. Kumawat for deft./MMC present.
Adjourned for draft issues to 05.07.2019.
                                                                           Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: None present for plaintiff.
Advocate Mr. Kumawat for defendant/BMC present.
Adjourned for draft issues to 30.09.2019.
                                                                           Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: None present for plaintiff.
Advocate Mr. Sutar for defendant/BMC present.
Adjourned for draft issues to 08.01.2020.
                                                                           Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Advocate for plaintiff present.
He requested for time. Granted.
Advocate Kumawat for defendant/BMC present.
Adjourned for  Draft Issues to 06/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: As court is on leave. Matter is ajourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-07-2020

Date: 27-07-2020

Date: 14-09-2020
Business: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. Tushal Goradia for plaintiff present.
Adv. for Def/BMC Present.
Court is busy in hearing argument in HCTB matters Suit no. 1540/2016 and 3856/2013.
Adjourned for framing issues to 25/02/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Advocate for plaintiff present.
Advocate Mrs. Dhuri for deft/BMC present.
Court busy in hearing argument in by precipe matter St. No.  1948/2021.
Adjourned for framing issues to 15/04/2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: Advocate for plaintiff present.
Counsel Mr. Vyas and Advocate Mrs. Deepali Patil for defendant/BMC Present.
Matter is time bound by order of Hon\\\''ble High Court.
Adjd for draft issues/framing issues to 20/08/2021.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Advocate for plaintiff present and submits that already suit structure has been demolished by the deft/BMC therefore he wants instruction from plaintiff.
Advocate Smt. Patil for defendant/BMC Present. She requested for to filing draft issues. O-Granted
Adjd for draft issues to 20/10/2021.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Issue framed  to  07.02.2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: In view of Office Order No. 27 of 2022 dated 06.02.2022,  declared holiday on 07.02.2022. Entire Board is discharged.
Adjd for Framing Issues to 28.03.2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Advocate for plaintiff present.
Advocate Amol Diwate  for defendant/BMC present.
Adjd for Framing Issues to 16.07.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Draft issues to  12.10.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Advocate Shobhit Shukla for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Draft issue to  09.01.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Advocate  Shobit Shukla for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Draft issues to  24.04.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Deepanjali Mishra h/f A. R. Pandey for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for  Draft issues to  21.07.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Advocate Deepanjali Mishra present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Issues are framed at Exh. 4.
Matter adjourned for filling evidence of plaintiff to 06-09-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Advocate Deepanjali Mishra present for plaintiff and sought adjournment.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for filling evidence of plaintiff to 29/11/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Advocate Deepanjali Mishra present for plaintiff and sought adjournment. O- Granted.
Advocate Deepali Patil present for defendant/BMC.
As per the request of advocate for plaintiff, Matter adjourned for filling evidence of plaintiff to 10/01/24.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Advocate Deepanjali Mishra present for plaintiff and sought adjournment. O -granted for filing evidence of plaintiff.
Advocate Dharmesh Vyas along with Deepali Patil  present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 01-04-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Advocate Shobhit Shukla present for plaintiff .
Advocate Amar Patil present for defendant/BMC.
There is element of settlement between the parties, hence matter referred to mediation.
Matter adjourned for mediation report to 12.08.2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 06.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Advocate Shobhit Shukla present for plaintiff and sought time for filing evidence. O - granted as last chance.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 22.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Advocate Shobhit Shukla present for plaintiff and sought adjournment for filing evidence of plaintiff. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 02.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Advocate Shobhit Shukla present for plaintiff and sought adjournment for filing evidence of plaintiff. O- Granted.
Advocate Kaushik h/f Adv. Dharmesh Vyas present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff /RE to 04.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Advocate Ayman Khan h/f Adv. Shobhit Shukla present for plaintiff and seeks time to filing evidence. O - granted. He submitted that he will take instructions from his client that whether he wanted to conduct this suit as per the information given by the BMC suit structure is demolished.
Advocate Dharmesh Vyas present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff /RE to 08.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Advocate Ayman Khan h/f Adv. Shobhit Shukla present for plaintiff and sought adjournment.
Advocate Amar Patil present for defendant/BMC.
The record shows that the suit is pending for hearing since 12.08.2024. However the plaintiff has not taken any effective steps to lead his evidence. It shows that the plaintiff is not interested to conduct the suit. The plaintiff is hereby specifically directed to lead his evidence on the next date without fail, otherwise suit will be dismissed for want of prosecution.
Matter adjourned for filing evidence of plaintiff/RE to 29.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Advocate Ayman Khan h/f Adv. Shobhit Shukla present for plaintiff and sought adjournment to take the Chamber Summons. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for taking steps to 12.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Advocate Ruby Tripathi h/f Adv. A. R. Pande present for the plaintiff
Advocate Amar Patil present for defendant/BMC.
The record reflect that the matter was kept for dismissal order on 08.09.2025. Till date plaintiff has not taken any steps for proceeding with the suit. It appears that plaintiff is not interested in proceeding with the suit. Hence matter posted for dismissal order.
Matter adjourned for dismissal order to 17.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Advocate Shobhit Shukla present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter is fixed for dismissal order. The Ld. Advocate for the plaintiff submitted that the suit structure is already demolished. Apparently the plaintiff  has lost interest to proceeding with the suit. In view of the order passed on 12.01.2026, Suit No. 1338 of 2018 is dismissed in default and want of prosecution. Parties to bear their own cost. Proceeding in suit no. 1338 of 2018 is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 17-01-2026

NOTICE OF MOTION/102138/2018

Filing Number: 107386/2018
Filing Date: 05-06-2018
First Hearing Date: 08th June 2018
Decision Date: 17th January 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE