Ms. Ratnaprabha Sitaram ShetyeVsMCGM +1 more

Date: 26-06-2018
Business: Resumed.
Adv. Jagushte for plaintiff and adv. Rawade for MCGM are present.
  Adv. Jagushte tendered registered NM No. 2300/2018 and compilation of photographs of the suit building at Exh. 6.
   Adv. Rawade seeks time to file reply.  Considering the impugned notice, Assistant Engineer maintenance and A.O. Estate of concern ward are directed to remain personally present before the court on 28.06.2018.  Time is granted to file reply.  Earlier order if any to continue till the next date.
   Considering the absence of reply Adv. Jagushte prayed for directing that no coercive action be taken in furtherance of notice dtd. 18.05.2018 (Exh. S).  Since the defendant has not filed reply till today, no coercive action be taken in furtherance of notice dtd. 18.05.2018 till 28.06.2018.  The plaintiff to take care of life, limb and property of herself and her family members.  Plaintiff to serve writ of summons to the defendant.
  An ordinary copy of this order duly authenticated by Sheristedar of this court be supplied to respective parties.
Adjd for reply and arguments on ad-interim reliefs to 28.06.2018.
Next Purpose: REPLY
Next Hearing Date: 28-06-2018

Date: 28-06-2018
Business: Resumed.
Adv. Jagushte for plaintiff and Adv. Rawade along with Mr. Dashrath Bhikaji Zole, Administrative officer Estate, B ward are present.
Adv. Rawade submitted reply on ad-interim along with documents.  Mr. Zole undertakes to file report of TAG committee till 30.06.2018.  plaintiff to take care of life, limb and property of herself and her family members.  Earlier order if any to continue till the next date.
Adjd for arguments on ad-interim relief to 30.06.2018 at 11.00 a.m.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 30-06-2018

Date: 30-06-2018
Business: Resumed.
Plaintiff with Adv. Jaghushte and Adv. Rawade for MCGM are present.
Heard, respective advocates on ad-interim relief.  Earlier order if any to continue till the next date.  The P.O. is busy in judgment in Suit No. 4040/2006 and 3284/2007.
Adjd for orders on ad-interim reliefs to 02.07.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Business: Resumed.
Adv. Jagushte for plaintiff filed case law.  The matter pertains to B ward. Adv. Rawade is absent.  Earlier order if any to continue till the next date.
Adjd for ad-interim order to 03.07.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 03-07-2018

Date: 03-07-2018
Business: Resumed.
None for plaintiff, Advocate Rawde for defendant  BMC
F.R.S.R. the following order is passed on N.M. No.2300 of 2018.
ORDER
1.  Ad-interim relief in terms of prayer clause (a) is granted.
2. Mr. Amol Shetgeri and Associates are appointed for structural audit and report above structural stability of the suit building returnable on 17.07.2018. the plaintiff to bear and pay the fees of structural audit.
3.  The plaintiff to take care of life, limb and property of herself and her family members. The plaintiff to file undertaking on affidavit that in case of any mishap, the defendant corporation will not be responsible for its costs and consequences.
Adjourned for reply to N.M. and report of structural audit to 19.07.2018.Resumed.
None for plaintiff, Advocate Rawde for defendant  BMC
F.R.S.R. the following order is passed on N.M. No.2300 of 2018.
ORDER
1.  Ad-interim relief in terms of prayer clause (a) is granted.
2. Mr. Amol Shetgeri and Associates are appointed for structural audit with direction to report about structural stability of the suit building returnable on 17.07.2018. The plaintiff to bear and pay the fees of structural auditor.
3.  The plaintiff to take care of life, limb and property of herself and her family members. The plaintiff to file undertaking on affidavit that in case of any mishap, the defendant corporation will be not responsible for its costs and consequences.
4.  It made clear that this order will not prevent the defendant from taking an appropriate action permissible under the law against the plaintiff and the suit premises by following due process of law.
Adjourned for reply to N.M. and report of structural audit to 19.07.2018.
Next Purpose: REPORT
Next Hearing Date: 19-07-2018

Date: 19-07-2018
Business: Resumed.
Adv. Jagushte for plaintff and Adv. Rawade for MCGM are present.
Exh. 7 - Structural audit report submitted by M/s. Shetgiri and Associates.
Adjd for reply to report of structural auditor to 09.08.2018.
Next Purpose: REPLY
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Resumed.
Adv. Jagushte for plaintiff and Adv. Rawade for MCGM are present.
Adv Jagushte seeks time to serve writ of summons to defendant.  It be served on or before next date.
Adjd for service of summons and additional reply if any and argument on NM to 06.09.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Resumed.
The P.O. is busy in hearing arguments in Sessions Case No. 568/2017 and recording evidence in Sessions Case no. 231/2018.
Adjd for NM arguments to 27.11.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-11-2018

Date: 27-11-2018
Business: Resumed.
The P.O. is busy in judgment in Sessions Case No. 576/2017 and 577/2017 and hearing ad-interim relief arguments in Suit no. 3012/2018.  For want of time the board is discharged.
Adjd for NM arguments to 14.02.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Resumed.
Adv. U. G. Jaguste for plaintiff present.
Adv.Smt. Rawade for MCGM present.
Ld. Adv. for the plaintiff request to post the matter in the first week of March.  Ld. Adv. For the MCGM submits to the order of the court. Matter be posted for arguments on Notice of motion.
Earlier order if any to continue till the next date
Adjd to 7.3.19  for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-03-2019

Date: 14-02-2019
Business: Resumed.
Adv. U. G. Jaguste for plaintiff present.
Adv.Smt. Rawade for MCGM present.
Ld. Adv. for the plaintiff request to post the matter in the first week of March.  Ld. Adv. For the MCGM submits to the order of the court. Matter be posted for arguments on Notice of motion.
Earlier order if any to continue till the next date
Adjd to 7.3.19  for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Adv. Jaguste for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
The Ld. Adv for the MCGM seeks time to take instruction on the report of structural engineer. Time granted.
Earlier order if any to continue till the next date
Matter adjd. to 2.4.19 for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Plaintiff and advocate absent.
Adv.Smt.Rawade for defendant/MCGM present.
Matter adjd to 20.06.2019 for NM Argument.
LO
Adv.Mr.Uday Jaguste for plaintiff present.
Earlier order if any to continue till the next date.
Matter adjd to 20.06.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-06-2019

Date: 02-04-2019
Business: Plaintiff and advocate absent.
Adv.Smt.Rawade for defendant/MCGM present.
Matter adjd to 20.06.2019 for NM Argument.
LO
Adv.Mr.Uday Jaguste for plaintiff present.
Earlier order if any to continue till the next date.
Matter adjd to 20.06.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv.M.Jaguste for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Ld.Adv.informs that his mother expired. He seeks adjournment. Granted.
Earlier order if any to continue till the next date.
Matter adjd to 23.07.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Adv.Mr.U.G.Jaguste for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Ld.Adv.for deft.seeks time. Time granted as last chance.
Earlier order if any to continue till the next date.
Matter adjd to 01.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-08-2019

Date: 23-07-2019
Business: Adv.Mr.U.G.Jaguste for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Ld.Adv.for deft.seeks time. Time granted as last chance.
Earlier order if any to continue till the next date.
Matter adjd to 01.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv.Mr.U.G.Jaguste for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 05.08.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv.Mr.Jagste for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
(As Court is busy in hearing and also partly dictating judgment in SC 774/2013 and NM orders hence, adjourned.
Matter adjd to 07.08.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-08-2019

Date: 05-08-2019
Business: Adv.Mr.Jagste for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
(As Court is busy in hearing and also partly dictating judgment in SC 774/2013 and NM orders hence, adjourned.
Matter adjd to 07.08.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv.Mr.Jaguste for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Earlier order if any to continue till the next date.
As Court is busy in hearing and dictating order in NM and Ch/s, hence, matter adjourned.
Matter adjd to 08.08.2019 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv.Mr.Jaguste for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
F.R.S.R. the following order is passed
                      ORDER
Notice of Motion No.2300/2018 is dismissed.
Adv.of Plaintiff filed application for staying the operation of order dated 08.08.2019 t.o.r.
O-The earlier order to continue till 27.08.2019.
Matter adjd to 27.08.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Court is busy in hearing argument and dictating orders, hence, board is discharged.
Matter adjd to 21.09.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: As Court is busy in recording evidence in Suit nos. 168/2019, 372/2018, Sessions Case nos. 3349/2014 and 5005/2012, hearing arguments in Suit nos. 3867/2007 and 492/2016, passing order in suit no.1610/2012, 1795/2011 and 1794/2011 and other misc. work hence, board discharged.
Matter adjd to 26/11/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: As Court is busy in recording evidence, hearing arguments and  misc. work hence, board is discharged.
Matter adjd to 07/01/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. for plaintiff absent.
Adv.  Mrs. Rawade for defendant MCGM present and requested time. Order- Granted time.
Mater is adjd to 28.01.2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Plaintiff and advocate are absent.
Adv. Mrs. Rawade for the defendant  MCGM  present.
N/m reply treated as Written Statement.
Matter is adjd to 21/03/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of the outbreak of Coronavirus (2019-Noov).
Hence Board is discharged.
Issues framed at Exh.10.
Matter adjourned for list of witness to 07.07.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: Covid-19, adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for RE to 04.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Uday G. Jaguste present for plaintiff.
Adv Ravde present for MCGM/defendant.
Matter adjourned 18/03/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: None present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 30.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Adv. Pramod h/f Adv. Uday Jaguste present for plaintiff and sought adjournment.
Adv.  Bibhishan Sutar present for MCGM/defendant.
Matter adjourned for RE to. 12/10/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: As presiding officer is on leave, hence matter is adjd. to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: As presiding Officer is on leave, Hence matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present for plaintiff.
Adv. Bibhishan Sutar present  for MCGM/defendant.
As plff and his adv are absent and did not adduce evidence since long, Matter adjourned for order to 19/4/22.
Next Purpose: ORDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Adv. Jagus for plaintiff present.
Adv. for MCGM/defendant.
Application filed.Exh. 11
Ld. Adv for plaintiff tendered to pursis to bring the fact to the notice of Court Hon\''ble High Court has extended stay till 08/07/2022.
Order – Seen and filed.
Matter adjourned for evidence (stay upto 08/07/2022) to 28/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for Plaintiff.
Plaintiff is directed to appear and lead evidence without fail.
Matter is adjd for recording evidence on 23/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Plaintiff to appear and lead evidence along with documents on next date without fail.
Matter is adjd for RE on 17-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As Court is busy in argument hearing in High Court Time Bound Matter i.e. Suit No. 784 of 2017 and hearing argument in Sessions Case No. 1430 of 2019. Hence want of time board is discharged.
Matter is adjd for RE  on 09-03-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv.Patil H/f Adv. Yagushte  for plaintiff.
Adv. Vyavhare @ Adv. Rawade present for MCGM/defendant.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter adjourned for R/e on 18-07-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Jagushe for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
Ld. Adv. for plaintiff has filed Pursis regarding status of pending case before Honble High Court.  TOR and marked Exh. 12.
Matter is adjd  to 12.09.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. More h/f Adv. Jaguste for plaintiff present.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 02.11.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Adv. Patil h/f Adv. Jadhav for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 04.01.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 07.03.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Rushikesh More h/f Adv. Jaguste for plaintiff present.
Adv.Vyavhare for defendant/MCGM present.
Adv.for plaintiff filed adjournment application. TOR and marked at Exh.9. Order- Allowed.
Matter is adjd  to  20.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Adv Uday Jaguste for Plaintiff.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Matter is adjd  to  29-06-2024   for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Rushikesh More h/f Adv. Jaguste for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Ld. Adv. for plaintiff has filed an application for adjournment. Taken on record and marked at Exh. 9. O- Considering the reason mentioned in the application duly supported by the copies of medical treatment, adjournment granted.
Matter is adjd  to 08.08.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Plaintiff present.
Adv. Rushikesh More h/f Adv. Jaguste for plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Ld. Adv. For plaintiff has filed affidavit of evidence of PW No. 1 Ramprabhar Sitaram Shetye. TOR and marked at Exh. 10. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.11. Copy served to other side.
Matter is adjd  to 19.09.2024 for say on exh. 11/admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Adv. Rushikesh More h/f Adv. Jagushte for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 19.10.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-10-2024

Date: 19-10-2024

Date: 10-12-2024
Business: Adv. Rushikesh More h/f Adv. Jagushte for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 04.02.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Adv. Rishikesh More h/f Adv. Uday Jaguste for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 13.03.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: Adv. Sarvesh Gawade h/f Adv. Jagushte for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 10.06.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 22.07.2025 for admission denial.
Later on at 11.30 a.m. Adv. Rishikesh More for plaintiff present.
Matter is adjd to 24.07.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: dv. Rishikesh More for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd to 11.09.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Adv. Rishikesh More h/f Adv. Jaguste for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to  06.11.2025  for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: Adv. Rishikesh D. More h/f Adv. Uday Jaguste for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd to 06.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Adv. Rishikesh More h/f Adv. Uday Jaguste for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 05.02.2026 for  evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: Th P.O. is on leave, Hence, Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: Adv. Rishikesh More h/f Adv. Uday Jaguste for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 25.06.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Adv. Rishikesh P. More i/b Adv. Uday G. Jaguste for Plaintiff present.
Adv. Sangita Honmane for MCGM/def. Present.
Matter is adjd  to 18-8-2026  for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: By Praciepe.
Adv. Rishikesh More i/b Adv Uday Jaguste for Plaintiff present and filed pursis a.w High Court Order dtd. 30.09.26. TOR. Exh.12.
Adv. Javale for defendant/MCGM present.
Matter is adjd  to 23/07/2026 for Admission and Denial.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: Adv. Uday Jaguste for Plaintiff present and filed an application for adjournment. It is taken on record and marked at Exh.13. O-Read the application, considering the reason, adjournment is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 28.07.2026 for hearing on admissibility of documents.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: Adv. Uday Jaguste for Plaintiff present and tendered application for production of documents along with list of documents. Taken on record  and marked as Exh.14.  O-Other side to say.
Adv. V. G. Shinde for Defendant/MCGM present and endorsed say on Exh.14.
Matter is adjd to 30.07.2026 for hearing on admissibility of documents.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: Adv. Uday G. Jaguste along with plaintiff present.
Adv. V. G. Shinde for Defendant/MCGM present.
     I have heard both the sides on admission and denial of documents filed on record on behalf of plaintiff at Exh. 11 and Exh. 14. The plaintiff placed her reliance on document filed on record along with List of documents. (Exh. 11 and Exh. 14) Therefore, as per mandate given under proviso of Sub Clause 1 of Rule 4 of Order 18 of C.P.C., it is expedient to pass order on admissibility of documents. Defendant/MCGM not admitted any of the document on which the plaintiff placed her reliance. The  document enlisted at Sr. No. 1 to 24 which consists photocopy of letter dated 25.03.1965 on the letter head of Mr. laxmichand Lalji Valji, notice dated 26.07.1988 of defendant/MCGM bearing No. B/1284/PS, bill of architect namely Shri Abhay Talpade dated 03.03.1990, letter of architect Shri Abhay Talpade dated 17.04.1998 addressed to Assistant Engineer (Maintenance), BMC B ward, Mumbai., letter dated 26.06.1998 of Administrative officer, Property, B ward, BMC Mumbai addressed to Ratnaprabha Sitaram Shetye, notice bearing No. ACB/OD/39/Estate dated 08.06.2011 addressed to Ratnaprabha Sitaram Shetye, Structural Stability Certificate, Structural Audit Report prepared by Mr. P. N. Powale, Structural Consultant dated 06.06.2015, photocopy of certified copy of the order dated 03.10.2015 passed in notice of Motion No. 1656/2011 in LC Suit No. 1358/2011, letter dated 28.12.2015 addressed to Smt. Ratnaprabha Sitaram Shetye by Administrative officer (Property), letter dated 05.02.2016 addressed by Administrative officer(Estate), MCGM to M/s Chunilal Jivanlal and Co., copy of public notice dated 10.03.2016 issued by MCGM, B ward, photocopy of structural report dated 15.03.2016 prepared by V. J. Joshi and Associates, notice dated 30.03.2016 issued by MCGM through the Administrative officer (Estate), B ward, photocopy of the certified copy of order dated 07.04.2016 passed below Exh. 1 in LC Suit No. 1358/2011, letter dated 09.12.2016 attached along with the structural audit report of Shashank Mehendale and Associates, photocopy of letter dated 28.06.2017 addressed by Administrative officer(Estate) B ward to Smt. Ratnaprabha Sitaram Shetye, photocopy of letter dated 28.06.2017 addressed and signed by Administrative Officer (Estate) B ward, photocopy of structural report of Mr. V. J. Joshi M/s. V. J. Joshi and Associates, photocopy of reply dated 17.07.2017 given by Adv. Uday G. Jaguste, on the instruction of plaintiff, photocopy of letter dated 28.06.2017 addressed by Administrative Officer, (Estate) B ward to Smt. Ratnaprabha Sitaram Shetye, photocopy of structural report prepared by M/s V. J. Joshi and Associates, photocopy of the reply dated 17.07.2017 submitted to the Administrative officer (Estate) MCGM Mumbai, photocopy of letter dated 27.07.2017 addressed to Administrative Officer (Estate) MCGM B ward by Adv. Uday G. Jaguste, photocopy of letter dated 18.05.2018 without any outward number addressed to Ratnaprabha Sitaram Shetye by Administrative Officer (Estate) B ward, photocopy of public notice published by Defendant/MCGM by virtue of order of Asst. Commissioner B ward, photocopy of three list of C-1 category of dangerous and dilapidated building in Mumbai as on April 2022 and certificate U/s 65-B of Indian Evidence Act given by Adv. Uday G. Jaguste.
    It is to be noted that initially plaintiff had submitted photocopy of letter dated 25.03.1965 at Sr. No. 1. However, on last date the plaintiff submitted original copy of said letter on record.
     The document filed along with list of document Exh. 14 is the letter of more than 30 years old addressed to Sitaram Govindji Wani father of plaintiff. This documents is more than 30 years old and come on record from proper custody. Therefore, being the 30 years old documents there is no legal impediment to read in evidence to the extent of scope and ambit of Section 90 of Evidence Act. Hence, it is marked at Exhibit 15.
    Document enlisted at Sr. No. 2 is the notice issued by MCGM on 26.07.1988 and addressed to M/s. Lalji Kuvarji and Co. In fact, this document is not fact in issue in present proceeding. Therefore, considering the nature of document there is no legal impediment to give exhibit numbers to said documents for identification purpose. Hence, it is marked at Exhibit. 16.
    Document enlisted at Sr. No. 3 to 5, 7, 12, 15 and 18 are private documents and prepared for particular purpose. The plaintiff is not the author or signatory of all these documents. Therefore, these documents cannot be exhibited at this moment.
    Document enlisted at Sr. No. 6 is notice bearing No. ACB/OD/39/Estate dated 08.06.2011 addressed to plaintiff, hence, it is marked at Exh. 17.
    Document enlisted at Sr. No. 8, 14, are the xerox copies of judicial order. The plaintiff is required to submit certified copies passed in Judicial proceeding therefore, being the xerox copies it cannot be exhibited.
     Document enlisted at Sr. No. 9, 10 are the letters addressed by Administrative officer(Estate), therefore there is no legal impediment to give exhibit numbers to these documents for identification purpose only. Hence, it is marked at Exh. 18 and 19 respectively.
    Document enlisted at Sr. No. 11 and 22A are the xerox copies of public notices. The plaintiff is noway concern to both the documents. Therefore, it cannot be exhibited in the evidence of plaintiff.
      Document enlisted at Sr. No. 13 is the notice dated 30.03.2016 issued by MCGM through the Administrative officer (Estate) addressed t plaintiff. Hence it is marked as Exh. 20 for identification purpose only.
    Document enlisted at Sr. No. 16 is the photocopy of letter dated 28.06.2017 addressed and signed by Administrative Officer (Estate) B ward addressed to plaintiff. Hence, it is marked at Exh. 21 for identification purpose only.
Document enlisted at Sr. No. 17 is the photocopy of letter dated 28.06.2017 addressed by Administrative Officer, (Estate) B ward to Plaintiff. Hence, it is marked at Exh. 22 for identification purpose only.
   Document enlisted at Sr. No. 19 photocopy of the reply dated 17.07.2017 submitted to the Administrative officer (Estate) MCGM Mumbai, to Plaintiff. Hence, it is marked at Exh. 23 for identification purpose only.
   Document enlisted at Sr. No. 20 photocopy of the reply dated 27.07.2017 submitted to the Administrative officer (Estate) MCGM Mumbai, to Plaintiff. Hence, it is marked at Exh. 24 for identification purpose only.
    Document enlisted at Sr. No. 21 is the photocopy of letter dated 18.05.2018 without any outward number addressed to Plaintiff. Hence, it is marked at Exh. 25 for identification purpose only.
     Document enlisted at Sr. No. 23 and 24 is photocopy of three list of C-1 category of dangerous and dilapidated building in Mumbai as on April 2022 and certificate U/s 65-B of Indian Evidence Act given by Adv. Uday G. Jaguste. The plaintiff is noway concern to these documents. The specific mode is given under Evidence Act, therefore, they cannot be exhibited at this stage.
Matter is adjd to 18.08.2026 for cross examination of PW No.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: Adv. Rishikesh More a/w Adv. Udya Jaguste for Plaintiff present.
PW No1. Ratnaprabha Sitaram Shetye present.
Adv. V. G. Shinde for Defendant/MCGM present.
Exh. 10 - Cross examination of PW No.1 Ratnaprabha Sitaram Shetye is partly recorded.
Matter is adjd  to 20.08.2026 for further cross examination of PW No.1. (ph).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: Adv. Uday G. Jaguste along with plaintiff present.
Adv. V. G. Shinde for Defendant/MCGM present.
Cross examination of PW No.1 Ratnaprabha Sitaram Shetye is commenced and completed.
Matter is adjd to 29.08.2026 for further evidence of plaintiff
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-08-2026

Date: 29-08-2026
Business: Adv. Uday Jaguste for Plaintiff present and filed affidavit of evidence of PW No. 2 Prafulla Narhari Powle. TOR and marked at Exh.26. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.27. Copy served to other side. O- Other side to say.
Adv. V. G. Shinde for Defendant/MCGM present and filed say on overleaf of the Exh. 27.
   Today, I have heard both the sides on admission and denial of document filed on record on behalf of plaintiff at Exh. 27. The plaintiff placed reliance on document filed on record along with List of document. (Exh. 27) Therefore, as per mandate given under proviso of Sub Clause 1 of Rule 4 of Order 18 of C.P.C., it is expedient to pass order on admissibility of other document also. The document enlisted at Sr. No. 1 which consists original structural stability report dated 27.03.2025. The Ld. Advocate for defendants opposed to give exhibit number to said documents on the ground that said report was prepared in absence of officers of MCGM and therefore, it is not valid in the eye of law. Admittedly the witness is expert witness and author of the document. He affirmed the correctness therein. Whether the documents is admissible as per the provisions of law or not is the matter of argument. It is well settled that giving exhibit number to document is administrative act of the court. Therefore, considering the nature of document there is no legal impediment to give exhibit numbers to said  document as prayed for. Hence, it is marked as Exh. 28.
     The Ld. Advocate for plaintiff also invited attention of this court towards original structural stability report dated 06.06.2015 which is filed on record at Sr. No. 1, at list of documents below Exh. 11. The Ld. Advocate representing defendants raised the same objection. This witness is also author of the said document. Therefore, considering the nature of document there is no legal impediment to give exhibit numbers to said  document as prayed for. Hence, it is marked as Exh. 29.
     By way  of abandon caution it is clarified that giving exhibit number is administrative work of court. If any dispute arises about any of the exhibited document then it cannot be admitted in evidence unless it is proved before the court as per the mandate and manner given under the Indian Evidence Act.
Cross examination of PW No.2 Prafulla Narhari Powle is commenced and completed.
Ld. Advocate for Plaintiff has filed evidence closure pursis. It is taken on record and marked at Exh.30. O- Seen and filed.
Matter is adjd to 03.09.2026 for evidence of defendant (PH).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Adv. Rishikesh More i/b Adv. Uday Jaguste for Plaintiff present.
Adv. V. G. Shinde for Defendant/MCGM present and filed affidavit of evidence of DW No. 1 Arunkumar Ghodke. TOR and marked at Exh.31. O- Witness absent, when called, hence put up for order. Copy served to other side.
ld. Advocate for defendant/MCGM has filed an application for production of documents. It is taken on record and marked at Exh.32.      O- Call say of other side.
He has also filed list of documents. TOR and marked at Exh.33. Copy served to other side.
Matter is adjd  to 05.09.2026 for Say on Exh.32(ph).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: In view of office order No. 270/2026 dated 04.09.2026 on account of Gopalkala holiday is declared. Hence, adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: Adv. Uday Jaguste for Plaintiff present and filed say on list of documents (Exh. 33). Taken on record and marked as Exh. 34.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 10.09.2026 for hearing on admissibility of documents in afternoon session.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Adv. Uday Jaguste for Plaintiff present.
Adv. V. G. Shinde for Defendant/MCGM present.
  Today, I have heard both the sides on admission and denial of documents filed on record on behalf of defendant at Exh.33. After filing of application at Exh. 33 opportunity was given to the plaintiff to file reply. The plaitniff has filed reply at Exh. 34 and admitted document enlisted at Sr. no. 7 (Copy of letter dated 28.06.2017), document at Sr. No. 8 (Copy of Jahir Suchana), documents at Sr No. 12 (copy of letter dated 22.07.2016 and 08.12.2016.), document at Sr. No. 15 (Copy of letter dated 08.06.2011). Considering the admission given by the plaintiff at Exh. 34, there is no legal impediment to receive document enlisted at Sr. no. 7, 8, 12 and 15. Hence, these documents are marked as Exhibit 35, Exh. 36, Exh. 37 and Exh. 38 respectively.
  Rest of the documents are the xerox copies and therefore, not admissible in evidence. The ld. Advocate for defendant submitted that he is going to examine auditor and other witnesses if required and therefore, proved the said documents by filing original on record.
Matter is adjd to 15.09.2026 for cross examination of PW No.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-09-2026

Filing Number: 108070/2018
Filing Date: 20-06-2018
First Hearing Date: 26th June 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE