Mr. Mahadev Polekar +1 moreVsMCGM

Date: 07-09-2019
Business: None for plaintiff.
Issue writ of summons to the defendant to answer the claim, to file W.S.
Adjd to 18/09/2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: None for plaintiff.
Issue writ of summons to defendant to answer the claim and to file WS on payment of possess fee.
Adjd to 06-01-2020 for Service of Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Asit Singh for plaintiff present and on his request, adjd. for filing affidavit of service.
None for defendant.
Adjd. for Affidavit of service to 2/3/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Asit Singh  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Matter adjd to 20.03.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv. Asit Singh for Plaintiff present.
Adv Mr. Khandagle for Defendant/MCGM present.
Matter adjd to 22.04.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Ravindra Singh h/f Adv. Asit Singh for plaintiff present
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted.
Matter adjd to 17/02/2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Due to Covid-19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 06/10/2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Asit Singh for plaintiff present and seeks time to serve writ of summons on defendants.
O- Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is kept for dismissal, therefore, plaintiff is directed to take positive steps to serve writ of summons on defendants.
Adjd. To 20/12/2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Asit Singh for Plaintiff present and seeks time to serve the Writ of Summons on Defendant/MCGM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Advocate for Defendant/MCGM submitted that she has not yet received the copy of Plaint. Therefore, Plaintiff is directed to serve the copy of Plaint upon Defendant/MCGM till next date.
Matter is adjd to 21/03/2022 for service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 20/06/2022 for service of writ of summons.
L.O. at 11.55 a.m.
Adv Asit Singh for plaintiff present.
Already adjd. To 20/06/2022 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Asit Singh for plaintiff present and directed to serve the writ of summons to the deft. Time is granted till next date.
Plaintiff is absent.
Adjd. to 12/08/2022 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Asit Singh for plaintiff present.
Adjd. to 19/09/2022 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Asit Singh for plaintiff present and tendered application for discharge, TOR and marked as Exh.2. O - Perused application and postal remarks below RPAD along with Exh.4. Hence application is allowed.
Exh. 3 - Envelop.
Exh. 4 - RPAD receipt.
Adjd. to 21/11/2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None for plaintiff. The suit is of year 2019 and pending since long of writ of summons but plaintiff has not filed writ of summons hence, adjourned for writ of summons with direction that if plaintiff did not file writ of summons, necessary order will be passed on next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 21/01/2023 for writ of summons/ necessary order.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: N.O.B., T.O.B. (By preceipe by deft./ BMC)
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply and list of documents, TOR and list of documents marked as Exh.5. Copies be supplied to other side.
Already adjd. to 21/01/2023 for writ of summons/ necessary order.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
The defendant/ corporation has already filed reply to N/M but N/M has not been tendered by the plaintiff. So also leave has not been granted to register the N/M. Adv. for the corporation submitted that reply to N/M be treated as W/S, TOR and marked as Exh.6.
Adjd. to 17/07/2023 for draft issues and hrg. on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: None for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Adjd for draft issues to 11/10/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Exh.     issues are framed.
Adjd  to  23.10.2023    for list of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Today is first date of evidence. Matter adjourned.
Adjd  to 15.12.2023  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Suit is kept for evidence of plaintiff. This is second date for filing evidence. Hence matter adjourned.
Adjd  to  22.01.2024    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
    This suit is of year 2019 and repeatedly adjourned for the evidence of the plaintiff. Roznama shows that since many dates none appeared for the plaintiff. Hence matter adjourned and kept for dismissal of suit.
Adjd  to  17.02.2024   for  Dismissal of Suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for plaintiff
Advocate Jyoti Mhatre-Patil h/f Suryavanshi for defendant/BMC present.
Suit is today posted for dismissal in default but none present for plaintiff. Hence matter kept back.
    The suit is of year 2019 and pending for evidence of plaintiff.  When called up till 4.10 none present for plaintiff.
The roznama shows that since many dated neither plaintiff nor his Advocate remains present. Therefore on 22.01.2024 suit was adjourned and kept today for dismissal  but inspite of that none appreared for the plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
1.  Suit is dismissed under Order IX Rule 8 of Civil Procedure Code
2.    In view of disposal of suit draft Notice of Motion if any, be disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 17-02-2024

Registration Number: 102003/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 107664/2019
Filing Date: 11-07-2019
First Hearing Date: 07th September 2019
Decision Date: 17th February 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE