Mrs. Rajni Ramakant WaghmareVsThe Asst. Municipal Commissioner +1 more

Date: 26-07-2019
Business: Matter pertains to C. R. No. 11.
Mentioned by precipe.  NOB. TOB.
Adv. Ansari for plaintiff present and tendered draft NM along with affidavit.  Leave is granted to register the NM r/o next date.  Copy served to other side.
Adv. Ms. Chavan for defendant/MCGM present and filed list of documents.  Copy served to other side.
Mr. Machhendra M Bhabal, JE, S ward is present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint, documents filed by defendant MCGM along with affidavit and heard both sides.  The plaintiff challenges notice dtd. 20.04.2019, and speaking order dtd. 10.07.2019 whereby it was directed to remove unauthorized work.  Ld. Adv. for the plaintiff has submitted that on 18.07.2019, proposal for regularization was submitted in the office of defendant/MCGM and the same was not decided.  The defendant/MCGM has filed documents showing that on 06.05.2019 online application was made by the plaintiff and the same was rejected.  It it pertinent to note that the plaintiff has not filed single document showing that thee mobile tower was erected with the permission of the defendant/MCGM. Therefore, the case laws are not applicable to the facts of this case.  For above reasons there is no  prima facie case to grant ad-interim relief, hence it is rejected.  Prayer by ld. Adv. for plaintiff to stay the order for two weeks is rejected.
Authenticated copies be given to the both parties.
Adjd to 21.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: As Court is busy in hearing Notice of Motions in suit no. 1068/15, Suit no. 9139/19 also in hearing and passing ad-interim orders in Suit no. 2304/19, 2305/19, ST 9034/19 and ST 9035/19. The board is discharged.
The case is adjourned to 07.10.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
The case is adjourned to 03.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Advocate Ansari for plaintiff present.
Advocate  Mhatre for defendant/MCGM, prayed for adjd
Earlier order to continue till next date.
The case is adjourned to 17/01/2020  for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Mr. Ansari for plaintiff, submit that plff has preferred appeal against order dtd. 27.07.2019.
Adv. Mrs. Chavhan for deft./MCGM present.
It appear that on 03.12.2019, EOC was wrongly mentioned.
Matter is adjd. for NM reply on 17.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM , prayed for time to file reply.
Matter is adjd.to  16-03-2021  for NM Reply
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested for short time to file reply.
Matter is adjourned for NM reply to 15.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to covid 19 matter adjourned to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 16.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd.  To 23.10.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: None present for Plaintiff.
NM 2877/19	Adv. Ms. Mhatre for Defendant/BMC present.
	Matter adj. to 15/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: 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.
Adv. Ms Mhatre for defendant/MCGM is present.
Adjourned for nm reply to 01.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None present for plaintiff.
Adv. Ms. J. V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 07.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply and WS to 30.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Adv. Ms. Jyoti Mishra h/f Adv. Ansari for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS order against the defendant.
Adjourned for no reply no WS order to 29.09.2022.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None present for the plaintiff.
Adv. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS order against the defendant.
Adjourned for no reply no WS Order to 17.11.2022.
Next Purpose: ORDER
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: None present for the plaintiff. The plaintiff is called upon to tender registered NM on the next date.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed affidavit in reply in NM No. 2877/19. TOR. She is called upon to supply of its copy on the other side.
Adjourned for tendering registered NM/NM hearing to 19.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: None present for the plaintiff to tender registered NM.
Adv. Mrs. J.V. Mhatre for defendant No.1/MCGM is present.
Adjourned for tendering registered NM/NM hearing to 09.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Even today, none present for the plaintiff to tender registered NM No. 2877/2019, although after specific directions. Hence, NM
No. 2877/2019 stands dismisses in default. The plaintiff is directed to tender disposed registered NM till the next date. In default, the suit would stand dismissed.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for tendering disposed NM/dismissal Order/WS to 20.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: None present for the plaintiff.
Adv. Mrs. S.G.Chavan for the defendant/MCGM is present.
Adjourned for dismissal Orders to 13.06.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: None present for the plaintiff.
Adv. Ms. S.S. Chavan for defendant/MCGM is present.
The record show that even after specific direction, the plaintiff did not filed registered NM No. 2877/2019 (Disposed of) till date. It is, thus, clear that she is not interested to proceed with the suit. Hence, the suit is dismissed in default for want of prosecution. The plaintiff to bear costs of litigation. Bill of costs be drawn accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 13-06-2023

NOTICE OF MOTION/102877/2019

Filing Number: 108129/2019
Filing Date: 22-07-2019
First Hearing Date: 26th July 2019
Decision Date: 13th June 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE