Date: 14-06-2018
Business: By precipee
NOB TOB
Adv. Mr. Sachin Kadam for plaintiff present.
He filed draft N/M. Seeking leave to register.
O- Leave granted for registration.
Advocate for BMC filed reply to draft N/M alongwith list of documents.
Adv. Ms. Kamble for BMC present.
Officer BMC, Mr. Narendra Bhoir, Junior Engineer present.
Heard Ld. Advocate for plaintiff and BMC.
Adjd to 18.6.2018 for reply and order on N/M.
Next Purpose: REPLY
Next Hearing Date: 18-06-2018
Date: 18-06-2018
Business: Adv. Mr. Saket Chavan for plaintiff present.
Adv. Ms. Kamble for BMC present.
Officer of BMC present.
Adjd to 21.6.2018 for N/M reply/order.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2018
Date: 21-06-2018
Business: Adv. Mr. Saket Chavan for plaintiff present.
Adv. Ms. Kamble for BMC present.
She filed reply to N/M. t.o.r.
Adjd to 28.6.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv. Manali Surve for Plaintiff present.
Adv.Mrs. Kamble for defendant / BMC present.
It is submitted by the corporation that the owner of the building i.e. plff himself conveyed that suit structure is in dilpiadiadated condition on basis his complaint action is taken as building declared as C - 1 category. Therefore plff can not ask for the injunction against the deft. It is submitted on behalf of the plff that the deft. Corporation issued the notice 07.06.2018 and on very same date disconnected the electrical water supply. I have gone through the prayer made by the plffs. The plff is not challenging the classification of building as C-1. The disconnection of water as well as electric supply, is out come of classification of building of C-1. Therefore without challenging the said classification the subsequent action initiated by the corporation can not be challenged. Therefore in my view before passing any interim order it is necessary to decide the N/m on merit. The deft. Corporation filed reply. Therefore adjourned for N/m hearing.
Adjd. to 17.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Adv. Mr. Saket Chavan for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
Adjd. to 21.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2018
Date: 21-08-2018
Business: Adv. Mr. Saket Chavan for Plaintiff present and tendered NM rejoinder.
Copy served to other side.
Adv. for defendant / BMC
Adjd. to 18.09.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv. Mr. Sachin Kadam for plaintiff present.
Adv. Mrs. Kamble for defendant/ BMC present.
Heard both sides.
F.R.S.R. following order is passed -
ORDER
1. Draft Notice of Motion is dismissed.
2. Costs in Cause.
Draft N/m be registered for statistical purpose.
Matter adjd. to 27.11.2018 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Adv. Ms. Manali Surve for Plaintiff present.
Adv. Mrs. Vyavhare h/f. Adv. Mrs. Kamble for Defendant/BMC present.
Adjd. to 31.01.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-01-2019
Date: 31-01-2019
Business: Adv Ms.Surve for plff present.
Adv Mhatre for BMC/deft. present.
On oral request of ld adv for deft., adjournment granted.
Adjd to 19/03/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: None for Plff.
Adv. Mrs. Mhatre for MCGM/deft. present.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Adjd to 6/6/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: None for plaintiff.
Adv. Khandagle for Defendant no. 1 MCGM present.
Adjd to 25.07.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Ankit Sawant for plaintiff present.
Adv. Ms. Patil h/f Adv. Hajare for MCGM/Defendant present.
On oral request of ld adv for def, adjournment granted as last chance.
Adjd to 24.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: None for plaintiff.
Adv. Patil h/f Adv. Mrs. R.M. Hazare for Deft /MCGM present.
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Adv. Mrs. R.M. Hazare for Deft/MCGM present and tendered pursis to treat A.O.Reply to NM as WS Exh. 2 WS -Exh. 3
Adjd to 12-12-2019 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Neha Tikam for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Hajare for Deft/MCGM present.
Court busy in hearing final arguments in old suits, ad-interim hearing and cross examination of witness in group matters. Hence, adjourned.
Adjd to 24-03-2020 for framing isssues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2020
Date: 17-04-2020
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: FRAMING ISSUES
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: As per direction of Hon\''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 25-11-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Hazare for deft/MCGM present.
Matter adjd to 18/03/2021 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Ms. Neha Tikam h/f Adv. Sachin Jain for plantiff present.
Adv. Ms. Hazare for deft/MCGM present.
Issues are framed.
Matter adjd to 17/06/2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 09/09/2021 for filing evidence by plaintiff (R/E).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for plaintiff.
None for defendant / MCGM.
Adjd. To 12/10/2021 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 14/12/2021 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
K.B.
L.O. at 12.45 p.m.
None for plaintiffs.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 22/02/2022 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Korgaonkar h/f Adv. Kadam for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adjd. to 25/08/2022 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Pradip Korgaonkar h/f Adv. Sachin Kadam for plaintiff present and submitted that plaintiff is at Dubai hence, requested time to file evidence. Time is granted till next date.
Adv. Mrs. Chavan for defendant/ BMC is present.
Adjd. to 06/10/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Pradip Korgaonkar h/f Adv. Sachin Kadam for plaintiff present and requested time for filing evidence. Matter is pending since many dates for plaintiff\''s evidence. However, in the interest of justice time is granted till next date.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present.
Adjd. to 06/12/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 21/02/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant/ BMC is present.
Adjd. to 20/06/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Suit is of year 2018 and issues are framed on 18.03.2021 and matter repeatedly adjourned for plaintiff evidence. Today plaintiff and his Advocate are absent. No application for adjournment. Hence, matter adjourned for dismissal of suit.
Adjd to 30.06.2023 for Dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
L.O. 4.25 p.m.
None present for plaintiff.
Adjd to 11.08.2023 for Dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Advocate for plaintiff present.
Advocate Mhatre for defendant/BMC present.
None present for plaintiff. Suit is today kept for dismissal for want of prosecution. Hence kept back.
Keep back
L.O. 5.40 p.m.
As court is busy in dictating NM order and recording evidence in High Court Time Bound Suit. Hence matter adjourned.
Adjd to 19.08.2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff.
None present for defendant/BMC
Order below Exh. 1
When called none present for plaintiff. Suit is of year 2018 i.e five years old and issues are framed on 18.03.2021. The matter was repeatedly adjourned for plaintiff evidence. However since many dates none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence, on previous date matter adjourned and kept for dismissal of suit. Therefore since last three dates matter is posted for dismissal of suit. However inspite of that none appeared for the plaintiff. Therefore I have no option but to dismiss the suit for want of prosecution. Hence following order passed.
ORDER
1. Suit is dismissed for want of prosecution.
2. Interim order if any is vacated
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 19-08-2023