Mrs. Sarita Sanjay Patil +6 moreVsMCGM +1 more

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. 3134/19 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 filed reply to NM. TOR. Copy is supplied to the plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 17/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
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 tendered list of documents, t.o.r. and marked as Exh.2. Copy is received by Plaintiff.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv Sweety Masude h/f Adv Kapil Shetye for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 29/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
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 and Office order No. 22/2022 dated 28.01.2022 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.
Matter is adjd to 28/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Today, matter is fixed for Nm hearing, but neither Plaintiff nor his advocate present. Hence, matter be kept for Nm dismissal.
Earlier order, if any, to continue till next date.
Matter is adjd to 11/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None for plaintiff.
Adv Khandagale h/f Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O. at 3.45 p.m.
Today matter is fixed for NM dismissal, but neither plaintiff not his advocate present.
Adjd. To 20/04/2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM dismissal as since last two dates neither plaintiff nor his advocate remain present and proceed with the matter. It shows that plaintiff is not interested to proceed with the matter, hence NM NO.3134/2019 is dismissed for want of prosecution.
Adjd. To 18/07/2022 for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
K.B.
L.O.
Same appearance.
Adv. for deft./MCGM tendered application for adopting N/M reply as W/S, said application is TOR and marked as Exh. 3. O - Other side to say.
Adjd. to 19/08/2022 for filing say on Exh. 3.
Next Purpose: REPLY
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 19/09/2022 for filing say on Exh. 3 by plaintiff.
Next Purpose: REPLY
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
No say order to Exh.3 is hereby passed against plaintiff.
Adjd. to 23/11/2022 for hrg. on Exh.3 (without say).
Next Purpose: HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None for plaintiff.
None for defendant/ BMC.
Adjd. to 11/01/2023 for hrg. on Exh.3 (without say).
Next Purpose: HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Heard Adv. for defendant/ BMC on Exh.3.
Following order is passed on Exh.3-
O R D E R
     This is application for treating reply to N/M as W/S. The plaintiff has not filed reply. It appears that N/M is dismissed for want of prosecution. Hence, application is allowed.
N/M reply is treated as W/S and marked as Exh.4.
Adjd. to 10/04/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: None present for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 15.07.2023 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adjd to 07.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: None present  for plaintiff
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd  to 12.12.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: None for plaintiff
Advocate Mhatre for defendant/BMC present.
Today is the first date for plaintiff’s evidence, hence adjourned for plaintiff’s evidence to 18/1/2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Today is second date for filing evidence of plaintiff. Hence matte adjourned
Adjd  to  13.03.2024    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Matter pending for evidence of plaintiff but today none present for plaintiff. Since last  Hence matter adjourned and kept for dismissal of suit.
Adjd  to 20.04.2024   for Dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryvanshi for defendant/BMC present.
    Today suit is posted for dismissal for want of prosecution. The issues are framed on 07.10.2023 and suit repeatedly adjourned for evidence of plaintiff. The roznama shows that neither plaintiff nor her Adv remains present. hence today suit is kept for dismissal of suit inspite of that none present for plaintiff . This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-04-2024

NOTICE OF MOTION/103134/2019

Registration Number: 102202/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107302/2019
Filing Date: 04-07-2019
First Hearing Date: 09th August 2019
Decision Date: 20th April 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE