Shri Harish Bhagwandas Thakkar +18 moreVsMCGM

Date: 26-07-2019
Business: Matter pertains to C. R. No. 11.
Mentioned by precipe.  NOB. TOB.
Adv. V. T. Dubey 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. Giri for Defendant/MCGM present and
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 plaintiffs challenge notice dtd. 09.07.2019 whereby they were directed to submit document showing their area.  ld. Adv. for the plaintiff has argued that this notice was issued without any prior proceeding or notice to the plaintiffs and he has also argued that the ground floor of the suit temple is not in dilapidated condition.  The defendant/MCGM has filed on record documentary evidence showing that on 17.04.2008 notice was given to plaintiff no. 7 mentioning therein that the suit temple was in dilapidated condition. Letter issued by plaintiffs and others some where in 2011 also clarifies that the plaintiffs had knowledge that the defendant/MCGM had initiated proceeding u/s 354 of MMC Act in 2008.  Therefore, the material on record does not support plaintiffs case that notice dtd. 09.07.2019 was given by surprise.  As rightly submitted by ld. Adv. for defendant/MCGM the plaintiffs have not submitted any structural audit report of ground floor and mere statements in this regard are not sufficient.  From the above, it can be seen that the suit building is in ruinous condition since 2008 and if injunction is granted against defendant/MCGM the building may collapse causing danger to public/devotees at large.  Therefore, this is not a fit case to grant ad-interim relief and the same is rejected.
Adjd to 20.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: As Court is busy in hearing on Exhibit in suit No. 4726/11 and Notice of Motion in Suit No. 90/09, 1761/17 also in hearing ad-interim in Suit No. 2296/19 and 2297/19. The board is discharged.
The case is adjourned to 10.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 07.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present and filed original Notice of Motion No. 3021/19      along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 07.02.2020 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM, prayed for time to file reply.
Matter is adjd. for NM reply on 19.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar h/f Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 05.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 25.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Court is Vacant. Matter is adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre h/f Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply to 21.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv. Mr. N.K. Dueby for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 13.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. V.T. Dubey is present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply /WS to 19.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Mr. V.T. Dubey present for the plaintiff and orally requested time to register NM. Granted till next date.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for tendering NM/ register NM to 23.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: PO is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: PO is on Leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and orally requested for time to file NM reply and WS. Time is granted.
Adjourned for NM reply/WS to 24.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 25.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 22.11.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 12.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 13.03.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: Adv. Mr. Fawas h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 22.04.2024.
                                                                                                 Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: P.O. is on leave, hence adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 04.09.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Mrs. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for reply/WS to 18.11.2024.
Next Purpose: REPLY
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 17.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. Mr. Fawaz h/f Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 24.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present. The Court is busy in dictating Judgment in targeted SU No. 893/2008 and Order in NM Nos. 348/2016 and 2601/2019. Hence, board discharge from Sr. No. 65 onward.
Adjourned for NM reply/WS to 02.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 15.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/ BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 17.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Adv. Ms. Sharda Dwivedi for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 28.01.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted.
Adjourned for NM reply to 30.03.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted.
Adjourned for NM reply to 29.06.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: Court is vacant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: court is on leave, hence adjd, to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2026

NOTICE OF MOTION/103021/2019

Filing Number: 108177/2019
Filing Date: 23-07-2019
First Hearing Date: 26th July 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE