Date: 29-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: None for plaintiff.
Issue writ of summons to the deft. for answering the claim and for settlement of issues.
Adjd to 21-02-2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 27.04.2020 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National lock down - 4
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv. L. V. Bommer present.
Matter adjd to 24/02/2021 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Mr. Bommer for plaintiff present and tendered duplicate copy of writ of summons. TOR.
He also tendered draft NM along-with affidavit in support. TOR. Leave is granted to register the NM, returnable on next date.
Adv. for plaintiff states that copy of draft NM is already served upon defendant.
Adv. Ms. Hazare h/f Adv. Khandagale for deft/MCGM present
Matter adjd to 19/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Shaikh for plaintiff present.
Adv. Tondwalkar for MCGM present and on her request to file reply to NM, matter is adjd. till next date.
Matter is adjd to 18/2/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 13/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Boomer for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present tendered N/M reply cum W/S, TOR and marked as Exh.2 and filed compilation of document, TOR and marked as Exh.3. Copies are supplied to other side.
Plaintiff is directed to register the N/M till next date.
Adjd. to 21/09/2022 for N/M hrg./ compliance by plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Today matter is kept for N/M hrg. but none present for plaintiff hence, put up for necessary order.
Adjd. to 05/11/2022 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: None for plaintiff.
None for defendant/ BMC.
Adjd. to 25/01/2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Boomar for plaintiff present and tendered N/M No.2834/2022, TOR.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 06/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 10/07/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff, matter adjourned for dismissal of NM
Adjd to 21.08.2023 for dismissal of NM
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Suit is of year 2019 and NM No. 2834/2022 is pending for hearing since 05.08.2022 and matter was repeatedly adjourned for hearing of NM. The roznama shows that since many dates neither plaintiff nor his Advocate remains present. Therefore on previous date matter adjourned and kept for dismissal of NM. But inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
ORDER
NM No. 2834/2022 is dismissed for want of prosecution
Adjd to 04.11.2023 for Hearing on issue
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd to 06.01.2024 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2024
Date: 06-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Exh. 4 – Issues are framed
Adjd to 26.02.2024 for List of Witness/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Advocate Bommer for plaintiff present and requested time to file evidence, hence adjourned
Adv Suryavanshi for defendant/BMC present.
Adjd to 27/3/2024 for plaintiff’s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff and today is first date for filing evidence. Hence matter adjourned
Adjd to 10.07.2024 for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: None for plaintiff
Adv. Mr. Botlawar for defendant/BMC present
Adjd. to 28/8/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: None present for plaintiff
None present for defendant/BMC – M East ward
The suit is of year 2019 and issues are framed on 06.01.2024 but since framing of issues neither plaintiff nor his Adv remains present. Hence matter adjourned and kept for dismissal of suit.
Adjd to 21.09.2024 for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Bommer for plaintiff present and submitted that due to medical emergency, he could not contact the plaintiff and requested to remove the Suit from the caption of dismissal and keep for the Plaintiff’s evidence.
Hence matter is adjd.
Advocate Pooja Nagarthawar for defendants/BMC present.
Adjd. to 27/11/2024 for Plaintiff’s evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Bommer for plaintiff present and requested time to file evidence. Hence matter adjourned
Advocate Honmane for defendant/BMC present.
Adjd to 05.02.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to 19.03.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-03-2025
Date: 19-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back.
Later on at 12.40 pm
The appearance is as above. None present for the plaintiff to proceed with the suit. Hence, it is posted for dismissal.
Adjourned for dismissal to 21.06.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025
Date: 21-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. L.V. Boomer for the plaintiff is present. He submitted that owing to unavoidable circumstance he could not contact the plaintiff and proceed with the suit. He seeks last opportunity to proceed with the suit. Defendant/MCGM raised strong objection and prayed for dismissal of the suit. I believe, in the interest an opportunity should be given. Plaintiff is directed to proceed with the suit without fail or else further order shall be passed.
Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Vyavhare for defendant/MCGM is present.
Adjourned for dismissal/R.E. to 25.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None for the plaintiff is present.
Adv. Ms. Vidya Vyavahare for defendant/MCGM is present.
KB
LO at 1:10pm
None present for the plaintiff.
KB
LO at 1:45pm
None present for the plaintiff. Evidence not filed.
Order below Exh.01:
It appears that the suit was fixed for tendering list of witness and evidence affidavit wherein plaintiffs opt to remain absent. There is no separate application tendered on record seeking adjournment. In the backdrop the plaintiffs are consistently absent. This conduct of the plaintiff shows that now they have lost their interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiffs the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
1. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
2. The plaintiffs to bear costs of this suit. Bill of costs be drawn-up accordingly.
3. The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, alongwith undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful.
4. The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 25-08-2025
