Mr. Ramji Khoda Waghela Suit St. No. 7236 of 2019VsMCGM

Date: 05-07-2019
Business: Adv. Pratap Singh for plaintiff and tendered registered NM No. 2477/19 with affidavit.
Adv. Khandagle for MCGM/Deft. present.
Heard arguments of both sides.
Adjd to 06.07.2019 for ad-interim order.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: As P.O. is on leave, hence board is discharged.
Adjd to 08.07.2019 for ad-interim order.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Def. present.
Kept back.
L.o. at 2.45 p.m. Adv. Pal for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides.  Plaintiff seeks temporary injunction restraining defendant MCGM from taking any action pursuant to revocation notice dtd. 07.06.2019 whereby permission granted for the bore-well on 21.11.2015 was revoked.  According to ld. Adv. for plaintiff the insecticide officer did not give opportunity to the plaintiff to put his case and unilaterally revoked the permission without hearing and therefore, he has pressed for ad-interim relief. After going through the letter dtd. 21.11.2015 the permission was granted to the bore well for motor cycle service center purpose.  It was also specified that the permission was liable to be summarily revoked, if any of the conditions in the memo of conditions were not found to have been complied with or breached.  Ld. Adv. for plaintiff has filed the undertaking given by plaintiff pursuant to the grant of permission wherein it was specifically mentioned that the water from the bore would not be used for any other purpose than permitted and would not be exploited commercially. It is pertinent to note that on 03.05.2019  a letter was issued to the plaintiff by the office of defendant MCGM to stop the bore well use commercially by transporting water through tankers.  The plaintiff is not saying that he never received such notice. Therefore, the plaintiff cannot claim that he had no notice for stopping the commercial use of the bore well.  He did neither file reply to the notice dtd. 03.05.2019 nor made representation to the defendant MCGM that he had not committed breach of condition of the permission.  Therefore, the plaintiff cannot now claim that he had no opportunity of putting his case.  Moreover, once the plaintiff filed undertaking pursuant to grant of permission making abiding himself for the conditions of defendant MCGM, there was contract between the parties.  In view of the section 54 of Indian Contract Act, 1872 once the plaintiff has committed breach of the contract he cannot claim the performance of the reciprocal promise i.e. continuation of the permission for bore well.  It was also made clear to him that the permission would be summarily revoked upon breach of any condition.  Therefore, I do not find any substance in the plaintiff\''s contention that an opportunity of hearing should have been given to him before revoking the permission.  As such there is no prima facie case in favour of plaintiff.  Therefore, ad-interim relief is rejected.
Adjd to 14.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Plff is directed to register the suit on or before next date.
Adjd to 18.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
 Matter adjd to 27.04.2020   for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for deft, adjournment granted to file reply to NM.
Matter adjd to 08/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to
Time is granted till next date.
Matter adjd to 11/06/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
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 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
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 03/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Viraj Singh h.f. Adv. Pratap Singh for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is adjd to 23/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
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 10/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file N/M. Time is granted till next date.
Adjd. to 03/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff present.
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 21/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
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 28/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Viraj Singh h/f Adv. Pratap Singh for plaintiff.
None for defendant/ BMC.
Adjd. to 10/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present
Adjd. to 19/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Pal h.f. Adv. Singh for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Time is granted till next date.
Adjd. to 28.08.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Advocate Shailesh Pal for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Hence, time is granted.
Adjd to  06.11.2023  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 19.01.2024     for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: As court is busy in final argument of Suit No. 229/15 and due to paucity of time, board is discharged and matter adjourned
Earlier order, if any, to continue till next date.
Adjd  to  15.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Advocate Viraj Singh  h/f Pratap Singh for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 24.06.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019. hence matter adjourned
Adjd  to  21.08.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: None present for plaintiff
Advocate Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance
Adjd to 11.10.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane  for defendant/BMC present and submitted that she has received instructions day before yesterday and requested one more last chance. Hence matter adjourned as a one more last chance.
Adjd  to 27.11.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM.
Matter is of year 2019. Inspite of sufficient time BMC has not filed reply to NM. Hence no say order passed against deft/BMC.
Hence matter adjourned for NM Hearing
Adjd  to 03.02.2025 for NM hearing (without reply of deft/BMC) and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is  posted for dismissal. Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for NM dismissal/writ of summons to  28.02.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, NM No. 2477/2019 stands dismissed in default. The plaintiff is directed to ensure due service of suit summons on the other side and to file the writ of summons/affidavit of service, positively on the next date. In default, the suit would stand dismissed.
Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for the defendants is present.
Adjourned for writ of summons to 04.04.2025.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-02-2025

Registration Number: 102477/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107365/2019
Filing Date: 05-07-2019
First Hearing Date: 05th July 2019
Decision Date: 28th February 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE