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Date: 04-05-2018 Business: Mentioned by Preciepe. Adv. V.T. Dubey for Plaintiff present. Adv. Khandagale for BMC/Deft. Vakalatnama of the Plaintiff. TOR. Vakalatnama tendered by adv for BMC/defendant. TOR. Draft N/m along with affidavit in support taken out by the Plaintiff for restraining the Defendant temporarily from demolishing suit premises in pursuance to the notice dated 28.04.2018. TOR. Leave is granted to register. It appears that the Defendant has issued notice u/s 354A of MMC Act and on 02.05.2018, the Plaintiff has replied the notice. It is submitted by the adv for the Plaintiff that the deft has not passed order. Hence, it is directed to the Defendant to follow due process of law and pass speaking order considering already filed replied and till then not to take any coercive action in respect of suit premises. With above directions draft NM stands disposed of and it be registered for statistical purpose. Matter adjd to 26-07-2018 for Written Statement. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 26-07-2018 Date: 26-07-2018 Business: Court is vacant. Hence board is discharged Next Purpose: WRITTEN STATEMENT Next Hearing Date: 17-09-2018 Date: 17-09-2018 Business: PO is on leave. Adjourned along with Suit no.1611/18. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-10-2018 Date: 23-10-2018 Business: Court is busy in dictating judgment in suit no.2776 of 2009, hence board is discharged and case is adjourned to 20/12/2018. Earlier order to continue till next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-12-2018 Date: 20-12-2018 Reason For Adjournment: court time is over Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-03-2019 Date: 20-12-2018 Business: Court is busy in hearing Notice of Motion in suit no.3704/08 and suit no.6956/03 and court has to hear Notice of Motion in suit no.735/16, case is adjourned to 07/03/2019. Earlier order to continue till next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-03-2019 Date: 07-03-2019 Business: Advocate Mr. V. T. Dubey for Plaintiff present. Advocate Ms. Hajare for BMC/Deft present and sought time to file NM reply. Adjourned. Earlier order to continue till next date. Case is adjourned to 25/06/2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-06-2019 Date: 25-06-2019 Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present. Advocate Ms.Mhatre for defendant/MCGM present and sought time. Time is granted. Earlier order to continue till next date. The case is adjourned to 27.08.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-08-2019 Date: 27-08-2019 Business: Court is on leave. Hence today board is discharged. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-10-2019 Date: 21-10-2019 Business: As 21.10.2019 was declared holiday due to Legislative Assembly Election, hence the matter is taken on today\''s board. Earlier order, if any is continued till next date. The case is adjourned to 22.01.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-01-2020 Date: 22-01-2020 Business: (In charge Court to C.R. no.11) Adv. Mr. V.T. Dubey for Plaintiff present. Adv. for deft./MCGM absent. Earlier order to continue till next date. Matter is adjd. for NM reply on 12.03.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-03-2020 Date: 12-03-2020 Business: Adv. Mr. V.T. Dubey for plaintiff present. Adv. Mrs. Tondwalkar for deft./MCGM, prayed for adjd to file reply. Earlier order, if any, to continue till next date. Matter is adjd. for NM reply on 25.06.2020. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 25-06-2020 Date: 25-06-2020 Business: Adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-08-2020 Date: 18-08-2020 Business: Adjd. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-10-2020 Date: 22-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-12-2020 Date: 10-12-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-03-2021 Date: 12-03-2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-06-2021 Date: 14-06-2021 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-08-2021 Date: 20-08-2021 Business: CORAM H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08) (Matter pertains to C.R. No.11) Adv. N.K. Dubey for plaintiff present. Adv. Adv Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. for NM reply to 08.10.2021. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-10-2021 Date: 08-10-2021 Business: Court is vacant. Matter is adj. to next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-11-2021 Date: 22-11-2021 Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08) (Matter pertains to C.R. No.11) Adv. N.K. Dubey for plaintiff present. Adv. Khandagale for deft./MCGM present. Earlier order if any, to continue till next date. Matter is adjd. For NM reply to 07.01.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2022 Date: 07-01-2022 Business: Adv Vijaya Rani h/f Adv V.T.Dubey present for plaintiff. Adv. Mr. Khandagale for defendant/MCGM is present. Adv. for defendant orally requested for time to file N.M. reply. Granted as a last chance. Earlier order, if any, to continue till the next date. Adjourned for NM reply to 28/02/2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-02-2022 Date: 28-02-2022 Business: Adv. Mr. N.K. Dueby for plaintiff is present. Adv. Ms. Mhatre h/f Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance. Earlier order, if any, to continue till the next date. Adjourned for NM reply and WS to 08.06.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-06-2022 Date: 08-06-2022 Business: Adv. Ms. Vijayarani Prasad for plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted. Earlier order, if any, to continue till the next date. Adjourned for NM reply and WS to 17.08.2022. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-08-2022 Date: 17-08-2022 Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (No reply) to 10.10.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 10-10-2022 Date: 10-10-2022 Business: Adv. Vijayarani Prasad for the plaintiff is present and filed original registered NM No. 2045/2018 along-with affidavit. TOR. She orally requested time for NM hearing. Sufficient time is already granted. Hence, the plaintiff is directed to argue the matter on the next date. In default, the NM would stand dismissed. Adv. Khandagale for defendant/MCGM is present. Earlier order, if any, to continue till the next date. Adjourned for NM hearing (no reply) to 03.12.2022. Next Purpose: NM FOR HEARING Next Hearing Date: 03-12-2022 Date: 03-12-2022 Business: Adv. Mr. V. T. Dubey for the plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present. Heard both the sides on NM. Earlier order, if any, to continue till the next date. Adjourned for NM Order to 17.12.2022. Next Purpose: NM ORDERS Next Hearing Date: 17-12-2022 Date: 17-12-2022 Business: None present for the plaintiff. Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present. The Court is busy in dictating Order in NM No. 4097/22 and other urgent praecipe matters. Earlier order, if any, to continue till the next date. Adjourned for NM Order to 05.01.2023. Next Purpose: NM ORDERS Next Hearing Date: 05-01-2023 Date: 05-01-2023 Business: Matter pertains to C.R.No.11. Adv. V. T. Dubey for the plaintiff is present. Adv. Mrs. J.V. Mhatre h/f Mr. Khandagale for the defendant/MCGM is present. Earlier Order, if any, to continue till the next date. Adjourned for NM Order to 23.01.2023. Next Purpose: NM ORDERS Next Hearing Date: 23-01-2023 Date: 23-01-2023 Business: Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present. Adv. Mr. S.C. Khandagale for defendant/MCGM is present. The following Order is passed on NM No. 2045/2018: -: O R D E R :- 01. Perused the NM and record. Heard both the sides. Having considered their submissions, at the outset, it is to be noted that on 22.05.2018, this Court granted ad-interim relief in favour of the plaintiff, till the defendant files detailed reply to this NM. The said Order is continued till date. While passing the said Order, it was observed by the Learned Predecessor of this Court that in view of the Speaking Order dtd. 16.05.2018, the Designated Officer did not specifically disclose that the said construction was on-going. On this background, till filing of the NM reply, the notice structure was protected. However, the fact remains that the defendant did not bother to contest this NM as well as the suit and therefore, in view of the Order dtd. 17.08.2022, it has been proceeded without NM reply and WS. This being the position, there is nothing on record to rebut the plaintiff\''s contention that the said construction was complete and the notice, issued U/sec. 354-A of the MMC Act, is unwarranted. In the circumstances, it is clarified that the defendant did not follow the due process of law while proceeding against the notice structure. In the result, the ad-interim relief, granted in favour of the plaintiff on 22.05.2018, is made absolute till the defendant follows the due process of law. NM No. 2405/2018 is, accordingly, stands disposed of as partly allowed. In view of the report of Sheristedar, Ch/s No. 886/2018 was actually disposed of on 22.05.2018. Hence, it be disposed of from CIS. Authenticated copy of this roznama be given to both the parties. Adjourned for R/E (No WS) to 06.03.2023. Nature Of Disposal: OTHERWISE Disposal Date: 23-01-2023
Filing Number: 107182/2018 Filing Date: 06-06-2018 First Hearing Date: 04th May 2018 Decision Date: 23rd January 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: 23.01.2023 Sr. No. 47 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1611/18 NM 2045/18 C/S 886/18 Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present. Adv. Mr. S.C. Khandagale for defendant/MCGM is present. The following Order is passed on NM No. 2045/2018: : O R D E R : 01. Perused the NM and record. Heard both the sides. Having considered their submissions, at the outset, it is to be noted…
Order Details: Other Pdf Text: 23.01.2023 Sr. No. 47 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1611/18 NM 2045/18 C/S 886/18 Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present. Adv. Mr. S.C. Khandagale for defendant/MCGM is present. The following Order is passed on NM No. 2045/2018: : O R D E R : 01. Perused the NM and record. Heard both the sides. Having considered their submissions, at the outset, it is to be noted…
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