Date: 19-07-2019
Business: By praecipe
Advocate Aman Anand for plaintiff present and filed affidavit of service. TOR.
Advocate Bhambid for defendant no. 1 present.
Advocate Ms. Chavan for defendant /MCGM present.
Heard.
F.R.S.R. following order is passed ORDER
1. Parties are directed to maintain status quo in respect of the suit premises.
2. The Court Commissioner is appointed to visit the suit premises and to submit a detail report alongwith photographs in respect of the activities going on in the suit premises.
3. The expenses of Court Commissioner shall be born by the plaintiff quantified at Rs.3,000/-.
4. The Registry to appoint a responsible officer of this Court to visit the suit premises and act as Court Commissioner.
5. Leave is granted to register Notice of Motion
6. Defendant to file reply to Notice of Motion.
The case is adjourned to 31.07.2019 for NM reply and commissioner report.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv.Aman Aanand for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 07.08.2019 for Commissioner Report.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Advocate Anand for plaintiff present and filed writ of summons. TOR and marked as Exh. 3
Advocate Andrews for defendant no. 1 present and filed vakalatnama. TOR and marked as Exh.2
Advocate Ms. Chavan for defendant /MCGM present.
Exh. 3 -Writ of summons
Exh. 4- Commissioner report
Copies of Commissioner report are given to advocate for defendants 1 and 2. Advocate for plaintiff submits that he has received the copy of Commissioner report.
Leave to register NM is extended till next date.
Earlier order to continue till next date.
The case is adjourned to 28.08.2019 for NM reply.
LO at 5.29pm,
Adv. Ujwala Wakde h/f adv. Anand for plaintiff present.
Adv. J.S.Kini for defendant no. 1 present and filed NM reply and Written Statement. TOR.
Written Statement is marked as Exh. 5
Copies served on advocate for plaintiff.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
With consent, the case is preponed to 13.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Advocate Anand for plaintiff present and filed rejoinder. TOR. He submits that the plaintiff intends to submit the additional compilation of documents for which time is required.
Advocate for plaintiff also filed original Notice of Motion No.3064/19 along with affidavit in support of Notice of Motion. T.O.R.
Adv. J.S. Kini for defendant no. 1 present.
Advocate Ms. Mhatre for defendant/MCGM present.
Parties to suit are directed to complete the pleadings before next date and serve each other with pleadings and documents if any.
Earlier order to continue till next date.
The case is adjourned to 21.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Advocate H.S. Anand for plaintiff present.
Advocate J.S.Kini for defendant no.1 present.
Advocate Giri for defendant /MCGM present.
By consent the case is adjourned to 23.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Advocate H.S.Anand for plaintiff present and filed list of documents TOR and marked as Exh. 6
Advocate J.S.Kini for defendant present.
Advocate Giri for defendant/MCGM present.
Partly heard advocate for plaintiff.
Earlier order to continue till next date.
The case is adjourned to 28.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Advocate H.S.Anand for plaintiff present.
Advocate J.S.Kini a/w adv. Gharat for defendant present.
Advocate Giri for defendant/MCGM present.
Earlier order to continue till next date.
By consent, the case is adjourned to 09.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Advocate H.S.Anand for plaintiff present and filed list of documents. TOR and marked as Exh.7.
Advocate J.S.Kini a/w adv. Gharat for defendant present. Advocate Ms. Chavan for defendant/MCGM present.
Partly heard advocate for plaintiff.
Earlier order to continue till next date.
The case is adjourned to 16.09.2019 at 2.45pm for further hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Plaintiff present.
Adv. Aman Anand for plaintiff present and seeks time for rejoinder arguments as his senior is not available.
Advocate J.S.Kini for defendant no. 1 present.
Advocate Giri for defendant/MCGM present.
Heard advocate for defendant no. 1.
Earlier order to continue till next date.
The case is adjourned to 18.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Plaintiff present. Her advocate absent.
Advocate J.S.Kini for defendant no.1 present.
Advocate Giri for defendant/MCGM present.
KB
LO at 03.45pm,
Advocate H.S.Anand for plaintiff present.
Advocate J.S.Kini for defendant no.1 present.
Advocate Giri for defendant/MCGM present.
Heard advocate for plaintiff and defendant.
Earlier order to continue till next date.
The case is adjourned to 24.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Advocate Anand for plaintiff present.
Advocate Andrews for defendant no.1 present.
Advocate Ms.Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 30.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Advocate Anand for plaintiff present.
Advocate J.S.Kini for defendant no. 1 present.
Advocate Giri for defendant/MCGM present.
Order is partly dictated.
Earlier order to continue till next date.
The case is adjourned to 01.10.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Advocate Aman Anand for plaintiff present.
Advocate Gharat h/f adv. J.S.Kini for defendant no. 1 present.
Advocate Ms.Mhatre for defendant/MCGM present.
F.R.S.R. following order is passed in Notice of Motion No. 3064/19
ORDER
1. Notice of Motion No. 3064/19 is dismissed.
2. Costs in cause.
LO at 12.50 pm,
Advocate Aman Anand for plaintiff present.
Advocate J.S.Kini for defendant no. 1 present.
Advocate Ms.Mhatre for defendant/MCGM present.
Advocate for plaintiff submitted application to stay order dated 01.10.2019.TOR and marked as Exh. 8
O- Other side to say.
Perused. Heard.
Advocate for plaintiff submitted that defendant no. 1 may change the dimensions of the suit premises and therefore, the order be stayed and status quo be continued.
Advocate for defendant no.1 submitted that defendant no. 1 has already given an undertaking that he will not change the dimensions of the premises in his possession and will carry out only the work that remained to be done as mentioned in Exh. J to the Written Statement.
In view of the statements by advocate for defendant no. 1, to my mind there is no need to stay the effect of order dismissing NM. There is also no need to continue the status quo as requested by the plaintiff. The application is also not being considered in view of the prima facie conclusions of this Court reached while deciding the NM. In the result application Exh.8 is rejected.
The case is adjourned to 12.12.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Ms. Shrutika for plff., tendered draft Ch/s- Leave is granted for registration.
Adv. Mrs. Tondawalkar for deft./MCGM, prayed for adjd.
Adv. Mr. Kini for deft no.1 present.
Matter is adjd. for W.S. on 15.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: None for plaintiff, Mr. Ajay Dalvi, clerk of adv. Mr. Anand, submit that adv. Mr. Anand is not feeling well.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Adv. Mr. Gharat for deft no.1 present, submitted reply to ch/s., copy served on plff.
Matter is adjd. for NM hearing on 18.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv. Shrutika h/f Adv. Anand for plaintiff, prayed for adjd. as adv. Anand is not available.
Adv. Ms. Chavan for Deft./MCGM present.
Matter is adjd. for n/m hrg. On 01.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present.
Matter is adjd. for NM hearing to 11.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: None present for plaintiff.
Adv. Kenni I/b Narendra Kharat for defendant no.1 is present and tendered affidavit. T.O.R and marked at Exh.9.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for ch/s hearing to 11.03.21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: None present for plaintiff.
Adv. Mr. Naik fof defendant no.1 is present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for ch/s hearing to 24.06.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to covid-19 matter adjourned to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Rest of the defendants are absent.
In view of office order no. 07/2022 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.
Adjourned for NM hearing to 29.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None present for plaintiff.
Defendant No. 1 is present.
Adv. Mr. Mahamuni for defendant No.1 is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No.2/MCGM is present.
Adjourned for NM dismissal to 12.07.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present for the plaintiff.
Adv. Mr. Gharat for the defendant No. 1is present.
Adv. Ms. J.V. Mhatre for defendant No. 2/MCGM is present and filed reply-cum-WS. TOR. It is marked at Exh.10. Copy is supplied to the other side.
Adjourned for dismissal to 03.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: DISMISSAL
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Even today, none present for the plaintiff.
Adv. Mr. Gharat present for Defendant No. 1
Adv. Khandagale for defendant No. 2/MCGM is present.
Adjourned for dismissal Order to 03.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Gharat defendant No.1 is present.
Adv. Mr. Khandagale for defendant/MCGM No.2 is present.
Adjourned for dismissal order to 25.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Even today, none present for the plaintiff to proceed with the suit.
None present for defendant No. 1.
Adv. Mr. S.C. Khandagale h/f Adv. Mhatre for defendant No. 2/
MCGM is present.
The record shows that the defendant contested the suit and the NM is already disposed of. Hence, the matter is regularized.
Adjourned for draft issues to14.03.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: None present for the plaintiff.
Adv. Mr. Mahamuni for defendant No. 1 is present and filed draft issues. TOR. It is marked at Exh.11. O- Filed.
Adv. Mrs. S.S. Chavan for defendant No. 2/MCGM is present.
Adjourned for draft issues by the plaintiff to 06.06.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: HHJ on leave hence, adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None present for the plaintiff.
Adv. Mr. Om Suryavanshi h/f Adv. Ms.S.S. Chavan for defendant No.2/MCGM is present.
Rest of the defendants are absent.
Adjourned for draft issues to 12.09.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: None present for the plaintiff.
Mr. Manoj Kumar Jain- son of defendant No.1 is present in person
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adjourned for issues to 09.11.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: None present for the plaintiff.
Adv. Mr. Gharat for defendant No. 1 is present. He informed that defendant No.1 is no more and sought time to bring details of his LRs on record. Time is granted.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.2/ MCGM is present.
Adjourned for taking steps/issues to 16.01.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: None present for the plaintiff.
Adv. Mr. Narendra Gharat for defendant No. 1 is present and sought time to take steps in this matter by informing LRs of late defendant.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Adjourned for steps/issues to 19.03.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: None present for the plaintiff.
None present for defendant No.1.
Adv. Mr. Khandagle for defendant No.2/MCGM is present.
Adjourned for steps/issues to 07.05.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: None present for the plaintiff to take steps for defendant No.1.
Adv. Mr. Gharat for defendant No. 1 is present and filed service affidavit, having informed the plaintiff’s advocate as regards demise of defendant No.1 and details of legal representatives. Taken on record. It is marked as Exhibit 12. O- Filed. The suit is posted for suitable Order against defendant No.1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Adjourned for suitable Order against to 06.07.2024.
Next Purpose: ORDER
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: None present for the plaintiff. The matter is kept back.
Mr. Manojkumar Dhoka Jain, son of defendant No.1 is present in person. Adv. Mr. Arvind Rathod for defendant No.2/MCGM is present.
Later on 12.00p.m.
None present for the plaintiff. Rest appearance is as above.
Adv. Mr. Hanumant Tajane h/f Adv. Gharat for defendant No.1 is present. Order Below Exhibit 01- Even today, none present for the plaintiff to take steps about legal representation of deceased defendant No.1 on record. The prescribed period of time to bring his LRs is already lapsed. In the result, the suit abated as against defendant No.1.
Adjourned for issues to 06.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: None present for the plaintiff.
Mr. S.R. Yadav for defendant No.2/MCGM is present. Rest of the defendants are absent.
Adjourned for issues to 03.10.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: None present for the plaintiff. Adv. Mrs. Charatkar for defendant No. 3/MCGM is present. Rest of the defendants are absent.
Adjourned for issues to 03.12.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant No. 3/MCGM is present. Rest of the defendants are absent.
Adjourned for issues to 23.01.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2025
Date: 23-01-2025
Business: CA of the plaintiff is present. Adv. Mr. Parera for the plaintiff is present and sought time to file draft issues. Time is granted. Adv. Mrs. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for framing of issues to 06.03.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: Adv. Ms Poonam Tiwari h/f Adv. Mr. Parera for the plaintiff is present and filed draft issues. Taken on record. It is marked as Exhibit 13. O- Filed. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for framing issues to 12.06.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: None present for the plaintiff. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in other urgent matters.
Adjourned for issues to 22.07.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: Adv. Ms. Poonam Tiwari for the plaintiff is present. Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for issues to 25.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. The Court is busy in dictating Judgment in SU Nos. 809/2015 810/2015 and 811/2015.
Adjourned for framing of issues to 27.11.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. The court is busy in other urgent matters.
Adjourned for framing of issues to 20.01.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Adv. V.E Parera present for the plaintiff and submitted that he will tendered draft issues on next date.
Adv. Mr. S.R. Yadav Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for Draft issues to 12.03.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-03-2026
Date: 12-03-2026
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Issues are framed at Exhibit 14.
Adjourned for filing documents on affidavit to 11.06.2026.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: None present for the plaintiff to proceed with matter. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for filing documents to 16.07.2026.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: None present for the plaintiff to file evidence and documents. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for filing evidence and documents to 20.08.2026.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: court is on leave, hence adjd, to
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-10-2026