Waman Narayan TrimbakkarVsMCGM +1 more

Date: 14-06-2018
Business: By precipee
NOB TOB
Adv. Mr. P.M. Barge for plaintiff present.
He filed draft N/M. Seeking leave to register.
O- Leave granted for registration.
Adv. Mr. Giri  for BMC present.
Advocate for plaintiff submitted that they have carried out tenant-able repairs as defendant/ BMC fail to give permission. It is submitted that plaintiff change only roof and not carried alteration/ addition/ extension . Heard advocate Giri for BMC. It is submitted that notice is issued as plaintiff carried out addition / extension. The previous structure was consisting ground floor  loft. However, the plaintiff carried out construction of ground floor one floor . The plaintiff not produced any photographs. AT this stage the advocate of plaintiff filed one photograph this shows that construction is of ground floor  first floor. Therefore, there is substance made by the defendant/ BMC that there is addition of construction. Therefore, I am not inclined to grant any Ex-parte ad-interim relief.
Adjd to 27.6.2018 for reply of BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2018

Date: 27-06-2018
Business: Adv. Mr. P. M. Barge for Plaintiff present
Adv. Mr. Giri for defendant / BMC present.
Adv. for plff. tender Original registered N/M No. 2233/18 and Original Writ of Summons t.o.r.
Adv. For Deft./BMC requests for time to file reply to N/M. Granted.
Adjd. to 13.08.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv Barge for plff present.
Adv Giri for BMC/deft present.
Adjd to 5/09/2018 for filing reply on ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 05-09-2018

Date: 05-09-2018
Business: court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 24-10-2018

Date: 24-10-2018
Business: Adv. Barge for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Matter adjd. to 5.12.18 for Chs. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Adv Barge for plff present.
Adv Mhatre for BMC/deft. present.
Adjd to 23/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: None for plff.
Adv Mrs.Bhoir for BMC/deft. present
Adjd to 18/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: None for Plff.
Adv. Mrs. Smita Chavan for MCGM/Deft present.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Adjd to 12/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. Barge for plaintiff present.
Adv. Ms. Patil for MCGM/Def.1 present.
On oral request of ld adv for def., adjournment granted.
Adjd to 01.08.2019 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of ld adv for def., adjournment granted.
Adjd to 27.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 14-01-2020  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. Barge for plaintiff present.,
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted
Adjd to 04.02.2020  for NM reply .
Next Purpose: REPLY
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Barge for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
 Matter adjd to 24.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 04/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. P. M. Barge for plaintiff present.
Adv. Ms. Smita Chavan for deft/MCGM present.
On perusal of record, it appears that reply to NM is already filed by deft/MCGM on 04.02.2020. Hence now matter is kept for NM Hearing.
Matter adjd to 10/06/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: As court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Adjd. To 14/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Abhijeet Barge h/f Adv P.M. Barge for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 01/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022

Date: 01-02-2022
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.
Matter is adjd to 24/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Barge for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
K.B.
L.O. at 3.50 p.m.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 17/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. P.M. Barge for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM is present.
Adjd. to  19/04/2022 for NM hearing/NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv Barge for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 28/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Barge for plaintiff present and submitted that he has no instructions. Hence, requested for time. Time is granted as a last chance.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adjd. to 08/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Wrongly on board.
Already adjd. to 08/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Barge for plaintiff present and tendered application for withdrawal of appearance, TOR and marked as Exh.2.
O - Put up for order.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 01/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: H.H.J. is on half day (afternoon session) leave. Hence, adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Barge for plaintiff present filed application for withdrawal of V/P along-with RPAD acknowledgement, TOR and marked as Exh.3. Hence, application for withdrawal of V/P is allowed.
Plaintiff is absent.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 08/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Barge withdrawn his V/P on previous date after issuing notice to the plaintiff. Today when called plaintiff is absent. It appears that plaintiff is not interested to proceed with the N/M. Hence, matter is kept for dismissal of N/M for want of prosecution.
Adjd. to 17/12/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant/ BMC is present.
The advocate of plaintiff Shri Barge withdrawn V/P.  Plff absent not taken further steps.  The roznama shows that since many dates plaintiff not remains present.  This shows that plaintiff is not interested to proceed with NM. Hence, I have no option but to dismiss NM for want of prosecution. Therefore, NM NO. 2233/2018 dismissed for want of prosecution.
Advocate for Defendant/BMC submitted that reply to NM be treated as W.S. O-Allowed.
W.S. marked as Exh.4.
Adjd. to 17/06/2023 for hearing on issues.
Next Purpose: HEARING
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Draft issues not tendered by both parties. hence matter adjourned for framing issues.
Adjd to 19.08.2023 for framing issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adjd to 30.09.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Exh.     Issues framed
Adjd  to 21.11.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Issues are framed on previous date. Hence matter adjourned.
Adjd  to 16.01.2024 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Today is second date for filing evidence of plaintiff. Hence matter adjourned.
Adjd  to  05.03.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: None present for plaintiff
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
Adjd  to  25.06.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: None present for plaintiff
Advocate Metakari   for defendant/BMC present.
The suit is of year 2018 and issues are framed on 30.09.2023.  The roznama shows that since long neither plaintiff nor his Adv remains present. Today none present for plaintiff, hence matter adjourned and kept for dismissal of suit for want of prosecution.
Adjd  to     20.07.2024     for dismissal suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmare h/f Metakari for defendant/BMC present.
Due to heavy rain fall there is direction not to pass adverse order, hence matter adjourned
Adjd  to  17.08.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthawar   for defendant/BMC present.
Order below Exh. 1
  When called repeatedly till 3.30 p.m. neither plaintiff nor his Adv present.  The suit is of year 2018 and issues are framed on 30.09.2023 and thereafter matter repeatedly adjourned for plaintiff’s evidence. However roznama shows that neither plaintiff nor his Adv remains present. Hence on 25.06.2024 matter was adjourned to 20.07.2024 for dismissal of suit. Thereafter matter adjourned to 17.08.2024 and 21.09.2024 but inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 05-10-2024

NOTICE OF MOTION/102233/2018

Registration Number: 101416/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107714/2018
Filing Date: 13-06-2018
First Hearing Date: 14th June 2018
Decision Date: 05th October 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE