Date: 20-06-2018
Business: Adv. Mr. Ravindra Singh for plaintiff present.
Adv. Ms. Kamble for BMC present.
She filed reply to N/M alongwith documents.
Adjd to 22.6.2018 for N/M hearing at 11.00 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: Adv. Mr. A.M. Saraogi for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
Heard both sides on Ad-interim.
Adjd. To 26.06.2018 for order on Ad-interim.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 26-06-2018
Date: 26-06-2018
Business: Adv. Narvekr for Plaintiff present.
Adv. Kamble for defendant / BMC
Adjd. to 28.06.2018 for order.
Next Purpose: ORDER
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Business: Adv. Sanjay Singh for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
Adjd. to 30.06.2018 for N/m order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Adv. Mr. Ravindra Singh for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
F.R.S.R. the following order is passed on Draft NM
ORDER
1. The Draft Notice of Motion filed by plaintiff stands rejected.
2. Notice of Motion be registered for statistical purpose.
Adjd. to 24.07.2018 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Adv. Mr. Srivastava for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present and submitted her reply be adopted as W.S.
Adjd. to 28.08.2018 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-08-2018
Date: 28-08-2018
Business: None for plaintiff.
Adv. Kamble for defendant no. / BMC present.
Matter adjd. to 16.10.18 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Adv. Seema Varma for plaintiff present.
Adv. Kamble for defendant no. / BMC present.
Matter adjd. to 6.12.18 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Business: Adv Shrivastav for plff present and tendered draft issues. It is TOR.
Adv Mrs.Vyavhare for BMC/deft present.
Issues are framed.
Adjd. to 7/02/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Adv.Mr. Agarwal for Plaintiff present.
Adv. Mrs.Mhatre for Defendant/BMC present.
Adjd. to 09.04.2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: None for Plff.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adjd to 11/7/2019 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: None for plaintiff.
None for defendants.
Adjd to 24.09.2019 for evidence of plaintiff.
L.O. at 11.30 a.m. Adv. Narvekar for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Ms. Sana Khan for plaintiff is present.
Adv. Patil h/f Adv. Mrs. R.M. Hazare for Deft /MCGM present.
Adjd to 02-01-2020 for R/E (Evidence of plaintiff)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Adv. Ravindra Singh for Plff present.
None for Defts.
On oral request of Adv. for Plff.
Time is granted for filing evidence.
Adjd to 13/3/2020 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted.
Matter adjd to 23.06.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted to file evidence of plaintiff.
Matter adjd to 09/03/2021 for plaintiff\''s evidence (R/E).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present and requests for time to file evidence of plaintiff. Time is granted till next date.
Adv. Ms. Hajare for deft/MCGM present.
Matter adjd to 08/06/2021 for Plaintiff\''s Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv Ravindra Singh h/f Adv Saraogi for plaintiff and requests for time to file affidavit of examination-in-chief of plaintiff. Time is granted till next date.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 12/10/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv Mrs Narvekar h/f Adv Saraogi for plaintiff present and requests for time to file evidence of plaintiff.
Time is granted till next date.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 16/12/2021 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv Sana Khan h/f Adv Saraogi for plaintiff present and requests for time to file evidence of plaintiff.
Time is granted till next date.
Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present.
Adjd. To 08/02/2022 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 15/03/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv Neha Pandey h/f Adv A.M. Saraogi for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Adv for plaintiff seeks Time to file evidence of plaintiff. The record shows that issues were framed long back in the year 2018. So Time is granted as a last chance to file evidence of plaintiff.
Adjd. To 26/04/2022 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Mr. Karan Chaudhari h/f Adv. A.M. Saraogi for plaintiff present and tendered draft Chamber Summons along with affidavit in support thereof. TOR. O- Leave is granted to register the draft chamber summons. Returnable on next date. Copy be served to other side.
Adv. Chavan for defendant /MCGM present.
Adjd. To 28-06-2022 for service and reply on Ch/s.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Narvekar for plaintiff present and tendered original Ch/S No. 674/2022 affidavit in support thereof, TOR.
Adv. Mrs. Rawade h/f Mrs. Adv. Chavan for defendant/ MCGM is present and requested time to file reply on C/S. Time is granted till next date.
Adjd. to 18/08/2022 for service and reply on Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Karan Chaudhari h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Mrs. Chavan for defendant/ MCGM is present and requested time to file reply on C/S. Time is granted till next date.
Adjd. to 13/09/2022 for service and reply on Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Narvekar h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply on Ch/S. Time is granted till next date.
Adjd. to 01/11/2022 for service and reply on Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Karan Chaudhari h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC (T-ward) is present and has given say on Ch/S No.674/2022 overleaf.
Adjd. to 17/11/2022 for Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present and requested time to argue on Ch/S. Time is granted till next date.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 03/12/2022 for Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv. Ravindra Singh h.f. Adv. A.M. Saraogi for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Heard both sides on CS No. 674/2022.
Adjd. to 27/02/2023 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Karan Chaudhary h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Mrs. Mhatre for defendant/ BMC is present.
K.B.
L.O.
As Court is busy in urgent ad-interim relief and passing Ch/S orders, matter is adjourned.
Adjd. to 04/03/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Neha Pandey h/f Adv. A. M. Saraogi for plaintiff present.
Adv. Mr. Suryavanshi h/f Adv. Mrs. Mhatre for defendant/ BMC is present.
Following order is passed on Ch/S No.674/2022-
O R D E R
1. The plaintiff taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. By way of proposed amendment plaintiff seeking permission to incorporate contentions in respect of the letter dated 24/04/1996 whereby defendants have granted permission to carry out necessary repairs and about the order passed in N/M dated 30/06/2018. It is further stated that the proposed amendment is necessary for complete and effective adjudication of dispute involved in the suit.
2. Adv. for defendant/ corporation stating that at the time of filing suit the plaintiff failed to file the documents referred in the Ch/S. Therefore Ch/S deserves to be dismissed.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to incorporate contentions in respect of letter dated 24/04/1996 whereby defendant/ corporation granted permission to carry out necessary repairs. It is stated that the suit has been filed in greathaste and hurry considering the immediate demolition of the suit structure and there fore, above said facts and documents which were immediately not in custody of the plaintiff, could not be annexed with the plaint. Suit have been filed to challenged u/S 351 of MMC Act. Thus, documents sought to be produced and proposed amendment appears to be just and necessary for complete and effective adjudication of dispute involved in the suit. The trial of the suit has not been commenced. It is well settled that Court should be liberal while allowing pretrial amendment. The reason mentioned by the plaintiff appears to be just and satisfactory for not filing said application with the plaint. There is no likely to change nature of the suit as a result of proposed amendment. No prejudice 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.674/2022 is allowed in terms of prayer clause(a).
2. Plaintiff to carry out necessary amendment till next date.
3. Copy of amended plaint be served upon other side.
4. Ch/S No.674/2022 stands disposed of accordingly.
Adjd. to 06/04/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Narvekar h/f Adv. A.M. Sarogi for plaintiff present.
Adv. Ms. Mhatre for defendant / BMC is present and submitted that she has received copy of amended plaint and requested time to file additional W.S.
Adjd. to 13.06.2023 for Filing additional W.S..
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Court is on leave
Matte adjounred
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Mhatre for defendant/BMC present
Amended copy of plaint served on 06.04.2023 till today BMC has not file WS. Suit is of year 2018, Hence no additional WS order is passed and matter adjourned for plaintiff evidence.
Adjd to 05.10.2023 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: Advocate Ravindra Singh h/f Saraogi for plaintiff present and seeks time to file evidence on ground that some of the documents are not available. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd to 23.11.2023 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Advocate Ravindra Singh for plaintiff present and seeks time to file evidence. Time is granted.
Advocate Mhatre for defendant/BMC present.
Adjd to 09.01.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present and seeks time to file evidence as some documents are not available for filing evidence. Hence time is granted.
Advocate Mhatre for defendant/BMC present.
Adjd to 19.03.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Writ received from Hon’ble High Court bearing O. W. D.D. A.O. Civ No. C0720386/2023 dated 19.12.2023 in Appeal from order No. 695 of 2019 with Civil Application No. 828 of 2019 ( for Injunction ) true copy of order dated 27.10.2023.
“CORAM : SANDEEP V. MARNE, J.
DATED : OCTOBER 27, 2023.
P.C.:
Accordingly, the Appeal is disposed of with a request to the City Civil Court to expedite the hearing of the L.C. Suit No. 1445 of 2018 and to make an endeavour to decide the same as expeditiously as possible preferably within period of 18 months from today. Till the decision of the suit, status-quo order passed by this Court on 04.07.2018 to continue to operate. ”
Hon’ble Bombay High Court has by order dated 27.10.2023 pleased to Time bound this suit direction to dispose off withtin period of 18 months. The suit is already adjourned to 19.03.2024. However the same is time bound by Hon’ble Bombay High Court hence matter is preponded and kept on 06.02.2024
Issue Notice to the plaintiff
Notice be served upon Adv for plaintiff.
Adjd to 06.02.2024 for plaintiff evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: CA of plaintiff with Advocate Narvekar h/f Adv. A.M. Sarogi for plaintiff present and filed affidavit of evidence of PW-1 Exh.4 alongwith List of Documents Exh.5. Copies are supplied to Advocate for BMC. Order on Exh.5 – Other side to admit or deny.
Advocate Mhatre for defendant/BMC present and requested time to give say on Exh.5. Granted.
Adjd to 01.03.2024 for admission/ denial and cross-examination of PW-1/RE(PH)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Advocate Ravindra Singh for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant/BMC present and gave reply on compilation of plaintiff.
Adjd to 14.03.2024 for Hearing on admissibility of documents/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Advocate Pooja Narvekar h/f Saraogi for plaintiff present
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
keep back
Later on 12.00 p.m
Same appearance
Heard argument of both sides on admissibility of documents - Exh. 5.
Adjd to 02.04.2024 for Order on Exh. 5
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Sanjay Singh holding for Adv. A. M. Saraogi for plaintiff present.
None for Defendant/BMC.
Adjd. to 12/04/2024 for Order on Exhibit 5.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Advocate Ravindra Singh h/f Saraogi for plaintiff present.
Advocate Suryavanshi h/f Mhatre for defendant/BMC present.
As Court is busy in dictating Judgment in Suit No. 1705/2016, hence matter adjourned.
Adjd to 11.06.2024 for order on Exh. 5 (plaintiff’s compilation of documents)/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Advocate Narvekar h/f Saraogi for plaintiff present.
Advocate Sheetal Waghmare for defendant/BMC present.
keep back
Later on
Same appearance.
Following order is passed on admissibility of document on Exh. 5.
ORDER
1. The plaintiff has filed document alongwith list exh. 5. Deft/BMC admitted document at sr. No. 2 and 2 i.e certified copy of the roznama in LC. Suit No. 640/18, hence these document are marked as Exh. 6 and Exh. 7
2. Document at sr. No. 1 is the Notarized Power of Attorney as per section 85 of the Indian Evidence Act, Notarized Power of Attorney is having presumption as to genuineness, hence Power of Attorney may exhibited serially.
3 Document at sr. No.4 to 12 are photocopies of the property card. The plaintiff has not laid down foundation for leading secondary evidence. Hence photocopies are not admissible in evidence.
4. Document at sr. No.13 is office copy of the two letters written by partner of the plaintiff, Document at sr. No. 14 is the letter issued by Sub Engineer T ward o BMC, Document at sr. No. 15 and 16 are Assessment Bills, Document at sr. No.17 is water bill , Document at sr. No. 18 and 19 Electricity Bill, Document at sr. No. 20 to 25 copies of Assessment bills, Document at sr. No. 26 is notice u/s 351 of MMC Act issued by BMC, Document at sr. No. 27 and 28 are copies of the reply to notice u/s 351 of MMC Act, Document at sr. No. 29 and 30 are the speaking order, Document at sr. No.31 is permission letter by BMC, Document at sr. No. 32 certified copy of order passed in draft NM and Document at sr. No. 33 is the true copy of order passed by Hon’ble Bombay High Court in AFO No. 695/2019. Therefore documents at sr. No. 13 to 33 are be exhibited serially.
Exh. 6 Document at sr. No. 2 Certified copy of order dated 06.03.2018
Exh. 7 Document at sr. No. 3 Certified copy of order dated 10.04.2018
Exh. 8 Document at sr. No. 1 Original Power of Attorney dtd. 26.04.2018
Exh 9 Document at sr. No. 13 Office copy of letter dated 15.11.1995.
Exh. 10 Document at sr. No. 14 Original letter dtd 30.11.1995
Exh. 11 Document at sr. No. 15 Original assessment Bill datd 01.04.1992
Exh. 12 Document at sr. No. 16 Original assessment Bill dated 1.04.1993
Exh. 13 Document at sr. No. 17 photocopy of water bill dated 25.02.2003.
Exh. 14 Document at sr. No 18 Original Electricity bill dated 05.04.2005.
Exh. 15 Document at sr No. 19 Original Electricity Bill dated 13.02.2009.
Exh.16 Document at sr. No. 20 Copy of Assessment Bill Dated 25.12.2012
Exh. 17 Document at sr. No. 21 Copy of Assessment Bill Dated 22.05.2015.
Exh. 18 Document at sr. No. 22 Copy of Assessment Bill Dated 22.02.2018
Exh. 19 Document at sr. No. 23 Copy of Assessment Bill Dated 1.03.2013
Exh. 20 Document at sr. No. 24 Copy of Assessment Bill Dated 22.02.2018
Exh. 21 Document at sr. No. 25 Copy of Assessment Bill Dated 22.05.2015
Exh.22 Document at sr. No. 26 Original Notice dtd 20.02.2018
Exh. 23 Document at sr. No. 27 Office copy of letter dated 24.02.2018.
Exh. 24 Document at Sr. No. 28 Office copy of letter dated 12.03.2018.
Exh. 25 Document at sr. No. 29 Original Order dated
to 16.03.2018
Exh. 26 Document at sr. No 30 Original Order dated 06.06.2018.
Exh. 27 Document at sr. No. 31 Original receipt permission order dated 24.04.1996
Exh. 28 Document at sr. No. 32 Certified copy of order dated 30.06.2018
Exh. 29 Document at sr. No. 33 True copy of order dated 08.05.2023
The suit has been Time Bound by Hon’ble Bombay High Court and therefore as per the circular of Hon’ble Principal Judge, time schedule has been fixed as follow.
The parties have not submitted list of witnesses as per Law. Hence following schedule has been fixed.
1. Cross of plaintiff witness - Two sessions
2 Evidence of Defendant Witness - One session
3. Order as to admissibility of documents - One session
4 Cross of defendant witness - Three Session
5. Final argument of plaintiff - Two sessions
6. Final argument of defendant - Two Session
Adjd to 18.06.2024 for Cross examination of PW-1/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present
PW-1 present.
Advocate Metakari for defendant/BMC present.
keep back
Later on 1.15 p.m
Adv Pooja Narvekar for plaintiff tendered application marked as Exh. 30.
Order below Exh. 30
1 This is an application for production of copies of property card and payment receipt and exhibiting said documents. The copies of property cards are obtained from website of Government of Maharashtra. The property card is public document, hence production of document allowed and this documents be exhibited serially.
The plaintiff also produced certificate u/s 65 (B) of the Evidence Act. Hence it be exhibited.
Exh.31 Additional compilation of document filed by plaintiff
Exh. 32 Document at sr. No. 1 Printout Copy of Property Card
Exh. 33 Document at sr. No. 2 Printout Copy of Property Card
Exh 34 Document at sr. No. 3 Printout Copy of Property Card
Exh. 35 Document at sr. No. 4 Printout Copy of Property Card
Exh. 36 Document at sr. No. 5 Printout Copy of Property Card
Exh. 37 Document at sr. No. 6 Printout Copy of Property Card
Exh. 38 Document at sr. No. 7 Printout Copy of Property Card
Exh. 39 Document at sr. No. 8 copy of payment receipt
Exh. 40 Certificate ( Under section 65 B of Evidence Act.)
Later on
Adv. Sanjay Singh h/f Saraogi for plaintiff present.
Cross-examination of PW-1 by Adv for deft/bMC is partly recorded and deferred till afternoon 3.30 p.m
Keep back
Later on 3.30 p.m
Cross-examination of PW-1 by adv for deft/BMC is recorded and concluded.
Plaintiff’s evidence is closed and adjourned for evidence of deft/BMC.
Adjd to 20.06.2024 for evidence of deft/BMC./R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present.
Advocate Waghmare for defendant/BMC present and submitted that evidence affidavit is ready but concern officer is on leave and requested time. The suit is time bound by Hon’ble Bombay High Court. Hence time is granted as a last chance
Adjd to 25.06.2024 for evidence of deft/BMC/R.E.P.H
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Advocate Narvekar h/f Saraogi for plaintiff present.
Advocate Metakari h/f Waghmare for defendant/BMC present and submitted concern Adv. Waghmare is on leave and requested for adjournment. The Suit is Hon’ble Bombay High Court, hence adjourned as a last chance.
Adjd to 27.06.2024 for evidence of deft/BMC/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present.
Advocate Waghmare for defendant/BMC present and submitted that Assistant Engineer is on leave and requested for short date. The suit is time bound by Hon’ble Bombay High Court. On previous date last chance has been granted. However in the interest of justice one more last chance is granted with direction that if deft/BMC failed to lead evidence necessary order will be passed.
Adjd to 02.07.2024 for evidence of deft/BMC
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Advocate Ravindra Singh h/f Saraogi for plaintiff present.
Advocate Waghmare for defendant/BMC present and requested to keep back the matter, hence kept back
keep back
Adv Sanjay Singh h/f Saraogi for plaintiff present.
Adv for deft/BMC tendered affidavit of evidence of DW-1 marked as Exh. 41 alongwith Compilation of documents. Marked as Exh. 42. O- Other side to say.
Adjd to 04.07.2024 for Admission denail/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present and submitted that he will give say on Compilation on next date. Hence adjourned as a last chance.
Advocate Waghmare for defendant/BMC present.
Adjd to 09.07.2024 for Admission denial by plaintiff/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Advocate for plaintiff present.
Plaintiff absent. On request kept back.
Advocate Metakari for defendant/BMC present. KB
LO
Advocate Narvekar for the plaintiff gave reply to documents of the BMC. DW1 not present.
Heard both sides on Exh.42.
Order below Exh.42
1. Defendant/BMC has filed documents i.e. photocopies and verified true copies of the inspection report, impugned notice under Section 351 and speaking order. Plaintiff denied all the documents.
2. Document at serial No.1 of Exh.42 is photocopy of the complaint received by the BMC. The BMC has not laid down foundation for leading secondary evidence and so witness is not author of this letter. Hence, the letter is not admissible in evidence and cannot be exhibited.
3. Document at Serial Nos.2 of Exh.42 are verified copies of inspection report. This document has been prepared by public servant while discharging his duties and witness has proved the documents. Hence, it be exhibited serially.
4. Rest of the documents are verified copies of notice and speaking order. The plaintiff has challenged the notice as well as speaking order. Hence, the documents be exhibited serially.
Exh.43- Inspection report
Exh.44 – Notice.
Exhibits 45 and 46- Speaking orders.
Matter is adjd. to 10.07.2024 for cross-examination of D.W.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Mr. Singh h/f. Mr. Saraogi submitted that adv. Mr. Saraogi is held up in Hon’ble Bombay High Court, hence on his request K. B.
Adv. Ms. Waghmare for defendant/BMC present.
D. W. 1 present.
Cross-examination of D. W. 1 partly recorded
Letter is marked as Exh. 47
Plan is marked as Exh.48
Adjd. to 12/7/2024 for further cross-examination of DW-1/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Matter pertains to C. R. No. 4
Adv Vikas Mishra i/b Saraogi for plaintiff present.
Advocate Waghmare for defendant/BMC present
DW-1 present.
Adjd. to 16.07.2024 for further cross-examination of DW-1/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-07-2024
Date: 16-07-2024
Business: Advocate Pooja Narvekar h/f Saraogi for plaintiff present and submitted that Adv Saraogi is busy in Hon’ble Bombay High Court and requested to keep back the matter in second session.
Advocate Waghmare for defendant/BMC present and submitted that DW-1 is on the way and requested to keep back.
Later on 4.52 p.m
DW-1 present
Adv. Ravindra Singh for plaintiff requested to keep back the matter. Hence kept back matter.
Later on 5.00 p.m
Adv Saraogi for plaintiff present.
Further cross-examination of DW-1 by adv for plaintiff is partly recorded and deferred till next date.
Adjd to 19.07.2024 for further cross-examination of DW-1/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv. Narvekar for plaintiff present.
Advocate Botlawar h/f Waghmare for defendant/BMC present.
Adv for deft/BMC submitted that Adv of the plaintiff intimated his inability to conduct the cross-examination today due to urgent matter at Satara and therefore witness has not been called today. Hence matter adjourned
Adjd to 23.07.2024 for Further cross-examination of DW-1/R.E.PH.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Advocate Pooja Narvekar for plaintiff present and submitted that his Adv Saraogi is busy in Hon’ble Bombay High Court and requested to keep back the matter, hence kept back.
DW-1 present
Advocate Waghmare for defendant/BMC present.
keep back
Later on 2.00 p.m
same appearance
Adv. Ravindra singh for plaintiff present.
keep back
Later on 4.00 p.m
Adv. Saraogi for plaintiff present.
Further cross-examination of DW-1 by Adv for plaintiff is recorded and concluded.
Adjd to 25.07.2024 for further evidence of deft/BMC/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Advocate Narvekar h/f Saraogi for plaintiff present.
Advocate Waghmare a/w Smita Charatkar for defendant/BMC present and requested time to file further evidence.
Adjd to 30.07.2024 for further evidence of deft/BMC/R.E.P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: Advocate Narvekar h/f Saraogi for plaintiff present.
Advocate Pooja Nagarthawar for defendant/BMC present and tendered evidence closed pursis marked as Exh. 49
Adjd to 03.08.2024 for Final argument
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: None present for plaintiff
None present for defendant/BMC
Adjd to 06.08.2024 for final argument
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Matter pertains to C. R. No. 4
Advocate Mr. Ravindra Singh holding for Advocate Mr. A.M. Saraogi for Plaintiff present.
Adv. Mrs. Metakari for Defendants/BMC present.
Adjd to 08.08.2024 for final argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Advocate Pooja Narvekar h/f Saraogi for plaintiff present and tendered written submission TOR. Marked as Exh.50 Copy is supplied to other side.
Advocate Metakari for defendant/BMC present and requested time to file written notes of argument.
Adjd to 13.08.2024 for Final argument /P. H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Advocate Vikash Mishra h/f Saraogi for plaintiff present and
Advocate Botlawar for defendant/BMC present and requested time to argue as concern Adv is not available today. Hence matter adjourned.
Adjd to 17.08.2024 for final argument/P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Matter pertains to C. R. No. 4
Advocate Ravindra Singh h/f Adv. Saraogi for plaintiff present.
None for Defendants.
Adjd to 20.08.2024 for final Argument (P.H.).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Metakari for defendant/BMC present and requested time to file written submission. Hence time granted as a last chance
Adjd to 23.08.2024 in afternoon session for argument /P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present.
Advocate Honmane for defendant/BMC present.
Later on 4.27 p.m
same appearance
Adv Honmane h/f Metakari for deft – T Ward/BMC tendered written notes of argument. Henc matter adjourned for rejoinder argument, if any.
Adjd to 03.09.2024 for rejoinder argument /P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Advocate Neha Pandey h/f Saraogi for plaintiff present and requested to keep the matter on 10.09.2024 for rejoinder argument.
Advocate Waghmare for defendant/BMC present.
Adjd to 10.09.2024 for rejoinder argument/P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Advocate Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present and requested to keep back the matter.
Advocate Metakari for defendant/BMC present.
L. O.
Adv. Narvekar h/f Adv. Saraogi for plaintiff present and requested time as senior advocate not feeling well. Hence matter adjourned as last chance.
Adjd to 24-09-2024 for rejoinder argument P. H.
Next Purpose: REJOINDER
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Advocate Neha Pandey for plaintiff present and requested short date for rejoinder argument. Hence matter adjourned as a one more last chance for rejoinder argument.
Advocate Nagarthawar for defendant/BMC present.
Adjd to 01.10.2024 for rejoinder argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-10-2024
Date: 01-10-2024
Business: Advocate Sanjay Singh h/f Saraogi for plaintiff present and requested to keep back the matter. Hence kept back
Advocate Waghmare for defendant/BMC present.
keep back
Later on 5.19 p.m
Adv. Saraogi for plaintiff present and requested for short adjournment. Hence matter adjourned
Adjd to 05.10.2024 for Final argument/P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh h/f Saraogi for plaintiff present and submitted that Sr. Adv Saraogi is not feeling well and he went to hospital and requested for adjournment.
None present for defendant/BMC – T Ward
Adjd to 08.10.2024 for Rejoinder argument of plaintiff
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate A.M.Saraogi for plaintiff present.
None for Defendants/BMC.
Adjd to 10/10/2024 for rejoinder argument of Plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh h/f Saraogi for plaintiff present and submitted that Sr. Adv Saraogi is not available today and requested for adjournment. Suit is time bound by Hon’ble Bombay High Court, hence adjourned as a last chance.
Advocate Nagarthwar for defendant/BMC present.
Adjd to 15.10.2024 for Rejoinder Argument.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Neha Pandey h/f Saraogi for plaintiff present and submitted that Sr. Adv. Saraogi is not feeling well and requested for adjournment. Suit is time bound by Hon’ble Bombay High Court, however time is granted as a one more last chance.
None present for defendant/BMC- T Ward
Adjd to 18.10.2024 for Rejoinder argument of plaintiff/P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh for plaintiff present and requested to keep back the matter.
None present for defendant/BMC – T ward
keep back
Later on 11.30 p.m
Adv. Saraogi for plaintiff present.
Heard Final argument of Adv for plaintiff
Adjd to 24.10.2024 for rejoinder argument of deft/BMC/P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-10-2024
Date: 24-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh h/f Saraogi for plaintiff present.
Advocate Nagarthawar for defendant/BMC present.
Heard rejoinder argument of adv for deft/BMC, matter adjourned for judgment.
Adjd to 12.11.2024 for Judgment.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sanjay Singh for plaintiff present.
Advocate Nagarthawar for defendant/BMC present.
Exh. 51 - Judgment is dictated and pronounced in open Court.
F.R.S.R. following order is passed-
O R D E R
1] Suit is dismissed with costs.
2] Decree be drawn up accordingly.
Later on
Adv Sanjay singh for plaintiff tendered application for continuation of earlier order for six weeks marked as Exh. A. O- Other side to say.
Adv. for deft/BMC has given say on Exh. A overleaf.
Heard argument of both sides on Exh. A.
Order on Exh. A
1. The plaintiff has filed this application for continuation of status quo order passed by Hon’ble Bombay High Court for Eight weeks to enable the plaintiff to challenge judgment and decree before Hon’ble High Court.
2. Defendant/ BMC opposed application
3. Heard Advocates for the parties and perused record and proceeding.
4. The appeal is statutory right of the aggrieved party. The Advocate for plaintiff submitted that plaintiff intends to challenge the order and some time is required to file appeal. In the meantime, if structure is not protected, there is possibility of demolition of notice structure and in that event object of filing appeal would be defeated. Therefore considering the submission made by Ld. Advocate for plaintiff and fact of the case I pass following order.
ORDER
There shall be no coercive action against notice structure for four weeks from date of uploading judgment.
Nature Of Disposal: DISMISSED
Disposal Date: 12-11-2024