Date: 09-08-2019
Business: Adv. Mr. Ketkar with Adv. Kapil Shetye for plaintiff present.
Adv. Mr. Khandagale for defendant/MCGM present.
Adv. for plaintiff tendered draft Notice of Motion along with affidavit. O- Leave granted to register the Notice of motion, returnable on next date.
Heard both the sides on ad-interim.
ORDER on ad-interim relief
Perused NM, plaint, documents filed by plaintiffs and heard both the sides . The plaintiffs, claiming to be in occupation of respective suit premises, have come up before the court apprehending dispossession by defendant MCGM without following due process of law. Ld. Adv. for defendant/MCGM has pointed out various discrepancies in the allotment letter/possessions receipts and argued that the plaintiffs have not come up before the court with clean hands. He has also asserted that the plaintiffs have forged the documents in order to get the reliefs. This is a prima facie stage of the matter. The defendant MCGM has not produced any extract/letter/affidavit to support the case that the documents are forged. At this stage it will not be proper to jump to the conclusion about genuineness of the documents or otherwise. The prayer made in the notice of Motion is not to dispossess the plaintiffs without following due process of law. The plaintiffs are not claiming ownership rights in this suit. The defendant/MCGM, being a local authority, has statutory obligation to follow due process of law for dispossessing the plaintiffs. Therefore ad-interim relief in terms of prayer clause a is granted till next date. This order will not prevent the defendant/MCGM from following due process of law in respect of the suit premises for taking any action under relevant Municipal Law.
Adjd to 16/09/2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Kapil Shetye for plaintiff present and tendered original NM NO. 3131/19 along with affidavit in support.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Earlier order, if any, to continue till next date.
Adjd. to 18/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 08-04-2020 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None for plaintiff.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: CORAM H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue 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 Kapil Shetye 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.
Earlier order, if any, to continue till next date.
Adjd. To 17/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 25/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv Kapil Shetye 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.
Earlier order, if any, to continue till next date.
Adjd. To 27/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Mugdha Bhosale h/f Adv. Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 12/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None for plaintiff .
Adv. Mrs. Tondwalkar for defendant/ BMC is present requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue 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: 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.
Earlier order, if any, to continue till next date.
Adjd. to 18/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: None for plaintiff.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 18/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: None for plaintiff.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 26.06.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Matter pertains to C.R. No.04.
None for plaintiff
Adv. Suryavanshi for deft/M.C.G.M. present
Earlier order, if any, to continue till next date.
Adjd. to 18/8/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 04.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: None present for plaintiff
Adv. Ms. Dhuri h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 08.11.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
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 20.03.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
None for plaintiff.
Adv.Mr.Suryawanshi for Deft./BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 12/6/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2024
Date: 12-06-2024
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 a matter is five years old.
Earlier order, if any, to continue till next date.
Adjd to 29.07.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: None present for plaintiff’s
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a on more last chance
Earlier order, if any, to continue till next date.
Adjd to 30.08.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2024
Date: 30-08-2024
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.
However sufficient time corporation has failed to file reply to NM. Hence matter adjourned for NM hearing without reply of deft/BMC.
Earlier order, if any, to continue till next date.
Adjd to 04.10.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Botlawar for defendant/BMC present.
when called none present for plaintiff. Today is the first date for hearing. Hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 18.11.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri for defendant/BMC present.
Suit is of year 2019 and today is second date but since many dates neither plaintiff nor his adv remains present. hence matter adjourned today and kept for dismissal of NM for want of prosecution.
Earlier order, if any, to continue till next date.
Adjd to 07.12.2024 for NM dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: None present for plaintiff’s
Advocate Honmane for defendant/BMC present.
Suit is of year 2019 and matter is pending since many dates for NM hearing. The roznama shows that neither plaintiff nor his Adv remains present. Hence On 18.11.2024 matter was adjourned and kept for dismissal of NM but inspite of that today none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the NM. Hence NM No. 3131/2019 is dismissed for default.
Adjd to 21.02.2025 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-02-2025
Date: 21-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to file writ of summons. Hence, the suit is posted for dismissal. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to 16.04.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
keep back
Later on at 12.30 p.m
None present for the plaintiff.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. NM is already dismissed for default. Even thereafter no positive steps have been taken by the plaintiff. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
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, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 19-07-2025
