Kitabullah Khan - Suit Stamp No.7126 of 2018VsMCGM - Applicant - Nirmal Lifestyle Ltd

Date: 12-06-2018
Business: Adv. Ms. Priti Merchant h/f. Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Ms. Kamble for defendant / BMC present and filed reply and documents. Copy served to other side.
Earlier order to continue till next date.
Adjd. to 26.06.2018 for  reply.
Next Purpose: REPLY
Next Hearing Date: 26-06-2018

Date: 26-06-2018
Business: Adv. Mohit Jadhav for Plaintiff present.
He tendered rejoinder.
Adv. Mr. Tushar Kadam for applicant.He tendered registered Chamber Summons.
Adv. Ms. Tadvi for defendant / BMC present.
heard Plff. and defendant corporation.
Earlier order to continue
Adjd. For order on NM of 03.07.2018
Next Purpose: NM  ORDERS
Next Hearing Date: 03-07-2018

Date: 03-07-2018
Business: Adv. Mr. Jitendra Tiwari for Plaintiff present.
Adv. Ms. Tadvi for defendant / BMC present.
None present for applicant.
F.R. S.R. following order is passed -
              ORDER
The Chamber Summons No. 821/2018 is hereby rejected.
O - Earlier order to continue till next date.
Adjd. to 07.08.2018 for amended Plaint and WS by Defendant
nos. 2 and 3.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: WOB
Already adj. to 14.8.18.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-08-2018

Date: 14-08-2018
Business: Adv Tiwari for plff present.
Adv Tadvi for BMC/deft present and requested time  to file inspection report.
Plff is directed to get suit register.
Earlier order to continue till next date.
Adjd to 18/09/2018 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Adv. Ms. Megha for Plaintiff present.
Adv. Mrs. Kamble for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 22.01.2019 for Ch/s. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv Ms.Megha for plff present.
Adv Mhatre for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 28/03/2019 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Ms. Chaurasiya for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
None for applicant.
Adv. for Plff filed writ of summons.  t.o.r.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2019

Date: 18-06-2019

Date: 13-08-2019
Business: Adv. Megha Shigvan for plaintiff present and tendered Ch/s reply.  Copy served to other side.
Adv. Vishal Jathar for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 27.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Megha Shigavan for Plaintiff present.
None for Defendants.
Adv. Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 10.10.2019 for Ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv.Choursiya h/f Adv. Jadhav for plaintiff present.
Adv. Abhijeet Naik h/f Adv. Khobragade for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 17.03.2020 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Adv Megha Shegwan for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
 Matter adjd to 26.06.2020   for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: adjd to
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: CORAM H.H.J SHRI.G. G. BHANSALI (C.R.NO.11)
(In-charge of C. R. No.8)
None for plaintiff.
Adv. Khandagale h/f Adv. Hazare for Deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 26/11/2020 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Chourasiya h/f. Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Hajare for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 30/03/2021 for Ch/s. hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Earlier order, if any, to continue till next date. Matter adjd to 08/06/2021 for Ch/s hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv Kajal Chaurasiya h/f Adv Mohit Jadhav for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Gayatri Dhumal h/f Adv Mohit Jadhav for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Vishal Jathar for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 25/11/2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv Gayatri h/f Adv Mohit Jadhav for plaintiff present.
Adv Rawade h.f. Adv. Chavan for defendant / 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 is adjd to 24/02/2022 for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Gayatri kumar h/f Adv Mohit Jadhav for plaintiff present.
Adv Mrs Rawade for defendant / 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.
Adjd. to 12/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: As Court is busy in hearing in urgent ad-interim reliefs of CR NO.04 and CR NO.11 and dictating NM orders, afternoon board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Chaurasiya for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. Vrushabh Jain for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Gayatrikumar h/f Adv. Mohit Jadhav for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Gayatrikumar for plaintiff present.
None for defendant/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 21/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Matter pertains to C.R. No.04.
Ms. Chourasiya h/f. Mr. Jadhav advocates for plaintiff present
Adv. Mrs. Mhatre for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 29/3/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Ms.Kajal Chourasiya h/f.Adv. Mohit Jadhav for plaintiff  and requested time to argue the NM. Time is granted.
Adv. Mrs.Mhatre h/f. Adv.Mr. Suryavanshi for BMC is present.
Ch/s. No.901/18 is pending for hearing. None present for 3rd party applicant. Hence, Ch/s. No.901/18 is kept for dismissal order.
Earlier order, if any, to continue till next date.
Matter is adjd. to  18.04.2023 for Hearing NM and Ch/s..
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Megha Shigwan h/f. Adv. Jadhav for plaintiff present.
Adv.Ms. Mhatre for BMC.
Adv. R. R. Dikhade  for applicant in Ch/s. No.901 present and requested time to argue chamber summons on the ground that his senior counsel was absent today. O-Granted.
Earlier order if any continue till next date.
Adjd. to 13/06/2023 for Arguments in Chamber summons and N.M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Matter pertains to C.R. No.04.
Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2023 for NM  Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate Kajal Chourasia h/f Mohit Jadhav for plaintiff present and submitted that other group matters are kept on 20.07.2023. Hence, this matter be adjourned today and kept on same day. Hence, adjourned
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 20.07.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate  Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and sub this matter is from the group matter which are posted on 17.08.2023. hence, matter adjourned.
Advocate Mhatre  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 17.08.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Matter pertains to C.R. No.04.
Adv. Shubham Shinde h/f Mohit Jadhav for plaintiff present.
Adv. Mhatre  for defendant/BMC present.
Earlier order, if any, to continue till next date
Adjd. to  12.09.2023   for Rejoinder / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and seeks time to file Rejoinder. Time granted as a last chance.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 26.09.2023    for  filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Advocate Mohit Jadhav for plaintiff present and submitted that he has to file rejoinder after verifying certain documents and seeks time.
Advocate Mhatre for defendant/BMC present and opposed adjournment, stating  that two structure are  coming in the D.P.Road. Howevever as a last chance is granted.
Earlier order, if any, to continue till next date
Adjd  to 16.10.2023  for Rejoinder and NM hearing
Next Purpose: REJOINDER
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered ch/s No. 1858/2023.  copy is served upon other side.
Advocate Mhatre for defendant/BMC present.
L.O. 3.48 p.m.
Adv. Mohit Jadhav for plaintiff present.
Rest of the same appearance.
Heard argument of both parties on ch/s.
Earlier order, if any, to continue till next date.
Adjd  to 30.10.2023  for  Ch/s Order and NM hearing
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present and tendered Additional affidavit TOR.  Copy is supplied to other side.
Following order is passed on Ch/S No. 1858/2023.
O R D E R
1.     The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. By way of proposed amendment the plaintiff is seeking permission to
correct the CTS No and area of the suit premises. It is contended that after filing suit plaintiff came to know that inadvertently incorrect area and CTS Number has been mentioned. therefore it is necessary to correct area and CTS number of the suit premises. Plaintiff is seeking permission to add Para-4(a) and seeking permission to add contention about 351 notice in year 2009 and filing of suit number 759/11.
2.    Adv. for defendant/corporation opposed chambers summons stating that there is subsequent event and plaintiff is delaying the trial of the suit. The plaintiff can not now change CTS number and area. The plaintiff filling up lacuna. There is will be cause of action and nature of suit will be changed.  Therefore ch/s be rejected.
3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.     The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff  is seeking permission to correct the CTS No and area of the suit premises.  It is contended that after filing suit plaintiff came to know that inadvertently incorrect area and CTS Number has been mentioned. therefore it is necessary to correct area and CTS number of the suit premises and also seeking permission to add Para-4(a) and seeking permission to add contention about 351 notice in year 2009 and filing of suit number 759/11.
5.   It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
6.   In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to  correct CTS number and area and also seeking permission to add contention in respect of  earlier 351 notice and filing of suit in the year 2011. Thus, it appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. Therefore, Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.   Ch/S No. 1858/2023 is made absolute in terms of prayer clause(a).
2.  Plaintiff to carry out necessary amendment within two weeks.
3.  Copy of amended plaint be served upon other side.
4.  Ch/S No. 1858/2023    stands disposed of accordingly.
Earlier order, if any, to continue till next date.
Adjd to  03.11.2023   for NM Hearing/ Compliance
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Advocate Mohit Jadhav a/w Kajal Chaurasia for plaintiff present.
Counsel Adv Tawakkuli a/w Advocate Mhatre for defendant/BMC present.
Adv for plaintiff is seeks time to carry out amendment and argue NM. Hence time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 09.11.2023 in Morning session  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Matter pertains to C.R. No.4.
Adv. Ms. Megha Shigwan h/f Adv. Mohit Jadhav for the plaintiff is present.
Adv. Mr. Tawakuli a/w Adv. Mrs. Mhatre for defendant/MCGM is present. On his say, the matter is kept back.
Mr. Barwade Rajendra Ramchandra, JE, is present.
Later on at 4.00 p.m.
Adv. Mrs. Mhatre h/f Adv. Mr. Tawakuli for defendant/MCGM is present. Rest appearance is as above.
Advocate for defendant/MCGM submitted that the plaintiff reconstructed the structure and filed additional affidavit in pending NMs. O- Filed. Copy is supplied to the other side. In view of this affidavit, the plaintiff is placed at liberty to file reply affidavit, if so desired. Earlier order, if any, to continue till next date.
Adjourned for NM hearing  to 28.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: Advocate  Mohit Jadhav for plaintiff present.
Counsel Adv. Tawakulli Advocate Mhatre for defendant/BMC present.
Heard argument of Adv for parties on NM for injunction
Earlier order, if any, to continue till next date.
Adjd  to 12.12.2023 for NM  Order
Next Purpose: NM  ORDERS
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv.Kajal Chourasia h/f Adv.Mohit Jadhav for Plff. present.
Counsel Tawakulli with Adv.Mhatre for Deft./BMC present.
As Court is busy in dictating ad-interim Orders and N/M hearing in HCTB Suit, due to paucity of time, matter is adjd.
Earlier Order, if any, to continue till next date.
Matter is adjd. to 13/12/2023 for N/M Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Ms. Chourasia h/f. Mr. Jadhav for plaintiff present
Adv. Mr. Tawakulli with Mrs. Mhatre for BMC present
F.R.S.R. following order passed on N/M. No. :-1998/2018
ORDER
Notice of Motion is dismissed.
Adv. for plaintiff filed application for continuation of EOC-TOR marked Exh.5-Other side to say-Say filed
Adv for deft/BMC submitted that NM Reply be treated as WS.Granted
Exh. 6  Written Statement
Adjd. to 14/12/2023 for hrg. on Exh.5.
Next Purpose: HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Ms. Megha Shigvan for plaintiff present
Advs. Mr. Tawakuli with Mrs. Mhatre for BMC present
Heard parties on application exhibit-5 for continuation of earlier order
Following order is passed below exhibit-5 :-
O R D E R
.	The plaintiff filed this application for continuation of earlier interim protection that was granted on 28/5/2018 in order to enable him to approach the Hon’ble High Court. Advocate for defendant BMC opposed application contending that there is no ad-interim order and in view of the judgments of the Hon’ble Bombay High Court in catena of judgments granting of stay would not be sustainable as it would be protecting the misdid of the plaintiff.
2.	Counsel for the Corporation relied on judgment of the Hon’ble Bombay High Court in Godrej & Boyce Manufacturing Co. Ltd. Versus The State of Maharashtra & 5 Ors. (Writ Petition No.3537 Of 2019) to submit that if interim protection is refused ad-interim protection cannot be continued. On the other hand, learned advocate for the plaintiff relied upon judgment of the Hon’ble Apex Court in the case of S. Brahmanand and Ors. K. R. Muthugopal (D) and Ors. [Appeal (Civil) 6203-6204 Of 2005] to submit that even though suit is dismissed interim order can be continued till the party is able to file appeal.
3.	It is matter of record that by an order dated 28/5/2018 this Court directed to maintain position as shown in the photographs and said order was continued during the pendency of Notice of Motion. The plaintiff intends to challenge order dismissing Notice of Motion. Advocate for BMC submitted that structure is not in existence and the plaintiff has reconstructed structure without permission of the Court or the BMC. However, considering the fact that interim protection was continued during the pendency of Notice of Motion I pass following order :-
O R D E R
   Interim relief to continue for three weeks from the date of uploading of order in Notice of Motion.
Adjd. to 2/3/2024 for hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to 20.04.2024    for  framing of issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. 7  - Issues are framed.
Adjd  to  27.06.2024  for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate Kajal Chaurasia h/f Kamal Chaudhari  for plaintiff present and seeks time to file evidence. Hence matter adjourned.
Advocate Waghmare for defendant/BMC present.
Adjd  to  25.07.2024  for evidence of plaintiff/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Advocate Kajal Chaurasia h/f Chaudhary for plaintiff present and requested time to file evidence
Advocate Waghmare a/w  Adv. Smita Charatkar for defendant/BMC present.
Adjd  to  29.08.2024    for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: None present for plaintiff
Advocate  Waghmare  for defendant/BMC present.
Adjd  to  08.10.2024    for plaintiff evidence /R.E.
Later on 11.58 p.m
Adv. Kajal Chaurasia for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Kajal Chaurasia for plaintiff present and requested time to file evidence.
Advocate Nagarthawar for defendant/BMC present and submitted that this is third date for plaintiff evidence. Hence matter adjourned as a last chance.
Adjd  to 23.01.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mohit Jadhav a/w Adv. Ms. Kajal Chaurasia for the plaintiff is present. He submitted that in view of the Order dtd. 09.10.2024, in AO No. 22/2024, again the process of inquiry is opened. He sought time to proceed with the matter. Granted. Adv. Ms. Pooja Nagarthawar  for defendant/MCGM is present.
Adjourned for R.E.to 18.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Mr. Abdullha Kitabullah Khan is present for the plaintiff. He filed application for adjournment, as his Advocate Ms. Megha Shigwan is hospitalized. Taken on record. It is marked as Exhibit 8.
O- Considering the reason, the matter is adjourned. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for NM hearing/RE to 10.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mohit Jadhav for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Following Order is passed after hearing the parties on ad-interim relief :
01.   Considering their submissions, at the outset, it is to be noted that admittedly, while passing the Order dtd. 09.10.2024, in AO No. 22/2024, the Hon’ble Bombay High Court pleased to set aside the first Speaking Order of dtd. 27.04.2018 passed by the defendants/ MCGM and the Order dtd. 13.12.2023 of this Court dismissing NM No. 1998/2018. Accordingly, the plaintiff filed his additional reply along-with documents, as per letter dtd. 04.11.2024, which were comprising of copies of the Deed of Conveyance, the application for repairs, the initial notice dtd. 23.09.2003 issued to the plaintiff, the copy of Judgment dtd. 20.02.2014 in SU No. 759/2011, copy of Circular dtd. 29.04.2006 and the Speaking Order dtd. 06.03.2025.
02. 	Admittedly, during pendency of AO No. 22/2024, as the Ld. Advocate for defendant/MCGM informed that the Office didn’t get copy of the said judgment, this plaintiff was called upon to file his additional reply, enclosing this judgment and the Office of MCGM was called upon to inquire into the matter in the light of the above said judgment. It seems that accordingly, the defendants passed the recent Speaking Order dtd. 06.03.2025. However, bare perusal of this Order leaves no doubt to conclude that the Office of MCGM  very causally referred to the documents like the said Conveyance Deed, the judgment and its own Circular and finally discarded the same mainly by saying that they didn’t prove authorization of the notice structure. It is very surprising to record such findings by the defendant/MCGM, which is the local planning authority. I do agree that the said documents are not absolutely binding on this Office. However while discarding the same, it was a least expectation that the Office would assign some justifiable reasons to that effect. At this stage, it would be worth to mention the Conveyance Deed is registered one, whereby this plaintiff and the others purchased the said property jointly and it was inclusive of structures. That apart, while passing the said judgment in Suit No. 759/2011, the Court recorded finding as regards the long existence and tolerability of both the structures. It is the matter of record even the said finding is not disturbed till date. Finally, even the Circular laying down the guidelines for the Office of MCGM expected some sort of reasons, specially when the same was its own Circular. On this background, I am of the opinion that all these important aspects of the matter were not properly dealt with during the inquiry as directed by the Hon’ble Bombay High Court, in view of statement of Ld. Advocate for the defendant/MCGM. Surely, such aspects of this suit require clarification on the record and till that time, the notice structure is to be protected.
03.	Ld. Advocate for the defendant/MCGM submitted that as per the ratio laid in the matter of Abdul Razzaq Sunesra Vs. MCGM, in WP (L) No. 1709/2013, dtd. 17.07.2013, this Court has no right and jurisdiction to try and entertain this suit as per the provisions of Section 515A of the MMC Act. I have gone through the ratio laid in this case. However, with all respect, I am the opinion that same is not applicable to present set of facts. Simply because, in view of  my above discussions, I expressed my opinion that the defendants didn’t inquire into vital aspects of the matter, despite the Order of Hon’ble Bombay High Court and causally discarded the additional reply and documents placed by the plaintiff. On this background, prima-facie, this Court is of opinion that there is jurisdiction error  on the part of the concerned authority while ‘exercising his power’ in the spirit of Mumbai Municipal Corporation Act. Consequently, it would be appropriate to protect the structure, until the defendant/ MCGM files its detail reply to this NM. Hence, the Order:
1. The prayer for ad-interim relief, in terms of prayer clause (a), is
    granted till filing of the NM reply.
Adjourned for Ch/s and NM Reply/R.E to 17.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: CORAM : H.H.J. MR. R. V. BHAKTA (C.R.No.06)
Matter pertains to C.R. No. 4
Adv. Ms. Kajal Chaurasia h/f Adv. Mr. Mohit Jadhav for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for Ch/s and NM Reply/R.E.to 20.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. N.K. Dubey h/f Adv. Mohit Jadhav for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and sought time to file NM reply. Time is granted.
Earlier Order, if any, is continued till the next date.
Adjourned for Ch/s and NM Reply/R.E..to 29.01.2026
Next Purpose: REPLY
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Manish Shirke h/f Adv. Mohit Jadhav for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and seeks time to file NM reply.  O-Time is granted.
Adv for defendant/MCGM filed handwritten say on Ch/s No. 894/2025 itself.
Heard argument of both sides on CH/s No. 894/25
Earlier Order, if any, is continued till the next date.
Adjourned for Ch/s Order /NM reply to 13.02.2026
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Kajal Chaurasia for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
F.R.S.R. the following Order is passed in Ch/s. No.894/2025:
                                   ORDER
1.        Chamber Summons no. 894/2025 is allowed.
2.        Plaintiff to carry out amendment as per Schedule
           of the Chamber Summons and file amended plaint.
           Accordingly, Chamber Summons no. 894/2025 is finally
           disposed off.
Earlier Order, if any, is continued till the next date.
Adjourned for compliance/NM reply to 05.03.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Shri. Koyande Amit Yashwant, Sub Engineer, N Ward for MCGM is present.
Defendant  has filed affidavit for production of documents vide Exhibit 8 along-with list of documents. O- Filed. Copies has been supplied to other side.
Adv of plaintiff filed rejoinder to NM No. 1956/2025. copy has been supplied to other side.
Later on at 3.35 p.m
Adv. Mohit Jadhav for the plaintiff is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 12.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv Mohit Jadhav a/w Adv. Mr. Manish Shirke for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
As Court is busy in NM Order and hearing in urgent matter. Due to paucity of time, matter adjourned.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 02.04.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajak Chaurasiya for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
 Court is busy in dictated High Court Time Bound Judgment and others matters. Due to paucity of time, matter adjourned.
Earlier Order, if any, is continued till the next date.
Adjourned for NM Hearing to 23-06-2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr.Mohit Jadhav    for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed list of documents along-with pursis Exh-9. .
Mr. Amit Yashwant Koyande , Sub Engineer present.
Mr.Sujit Valmik Bhojane-Sub Engineer present.
Earlier order, if any, to continue till next date.
Adjourned for compliance to 30.06.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: CORAM : H.H.J. SHRI. V. V. KULKARNI  C.R. No. 05)
(MATTER PERTAIN TO C. R. NO. 04)
Adv. Kajal Chaurasia h/f Adv. Mohit Jadhav  for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 09.07.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Kajal Churasiya  for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
As Court is busy in ad-interim urgent hearing, hence matter adjourned.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 14.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: CORAM   H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia h/f Adv. Mr. Mohit Jadhav for the plaintiff is present and seeks time for argument as Sr. Adv is not available. O- Granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present and strongly objected for adjournment.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 23.07.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date. As Court is busy in High Court Time Bound NM and other urgent matter. Hence, matter adjourned.
Adjourned for NM hearing to 30.07.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Chaurasiya for plaintiff present and seeks time for hearing on NM. O- Granted as a last chance.
Adv. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Matter adjourned for NM Hearing to  06.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2026

Date: 06-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Mohit Jadhav  for the plaintiff is present and seeks time for argument as he is busy in High Courts matter. O- Granted.
Counsel Adv. Twakuli a/w Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 25.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2026

Date: 25-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Kajal Chaurasia h/f Adv. Mr. Mohit Jadhav for the plaintiff is present and seeks time to argue on NM as arguing counsel is busy in Honble Bombay High Court. O- Granted.
Adv. Tawakulli a/w Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 22.09.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2026

Registration Number: 100901/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107512/2018
Filing Date: 08-06-2018
First Hearing Date: 12th June 2018
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE