Date: 18-07-2018
Business: By precipe
Adv Manoj Kumar Upadhay for plaintiff present and filed draft NM alongwith affidavit t.o.r.
Leave is granted to register NM.
Adv Tondwalkar for def/BMC present and filed list of documents Exh.2 t.o.r.
Mr. S R Mudape, Jr. Engineer, S-ward, BMC present.
Heard both the sides.
KB for order.
LO
Adv for plaintiff filed undertaking t.o.r.
After perusal of record it is observed that plaintiffs are ready to refer the matter to TAC committee but defendant are reluctant.
Mr. S R Mudape, Jr. Engineer submits that TAC referred the structural audit to Mr. Dholkia who has carried out structural audit.
There are conflicting structural audit report carried by plaintiffs and def/BMC. Hence as per the direction of Hon\''ble High Court Writ Petition no.1135/2014 the matter is referred to TAC committee incorporated as per Hon\''ble High Court directions in Writ Petition no.1135/2014.
The plaintiffs filed unconditional undertaking that in case of mishaps they are taking responsibility and shall be solely held responsible all the life of not only user of property but also third person. The Officers of M.C.G.M. shall not held responsible if any mishaps happen. On the undertaking given by plaintiffs ad-interim granted till date.
Directions given to TAC committee submit report within 3 weeks from today.
Authenticated copy of roznama be supplied to the parties to the suit.
Adjourned to 01.08.2018 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2018
Date: 01-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. present.
K.B.
L.O.
Advocate Mr. Manojkumar Upadhyay for Plaintiff present.
Advocate Mr. Narayanan for applicant present and filed registered Chamber Summons no.1387/18 with affidavit in support, t.o.r. Advocate for applicant served copy of Chamber Summons to advocate for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. Present.
Argument of advocate Mr. Manojkumar Upadhyay for Plaintiff in respect of Notice of Motion no.2691/18. As it is 5.00 p.m. and as it is submitted that Defendant/BMC will require at least 1 hour for argument, case is adjourned for Defendant\''s argument to 21/09/2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2018
Date: 21-09-2018
Business: Advocate Mr. Manojkumar Upadhyay for Plaintiff present.
Advocate Ms. Tondvalkar for BMC/Deft. present.
Arguments of both sides heard.
Earlier order to continue till next date.
Case is adjourned to 24/09/2018 for further arguments of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: None present for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. present.
K.B.
L.O. at 1.00 p.m.
Advocate Mr. Pankajkumar Upadhayay for Plaintiff present and an application for rejection of TAC report, t.o.r. O-Other side to say.
Advocate Ms. Tondvalkar for BMC/Deft. present.
Earlier order to continue till next date.
Court is busy in hearing urgent application and Notice of Motion as well as dictating order on Notice of Motion in suit no.1714/18 and 1407/18, hence board is discharged and case is adjourned to 25/09/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Adv. Pal h/f Upadhyay for Plaintiff present.
Adv. Tondwalkar for BMC present and file say on Exh. 7.
Earlier order continued till next date.
Adjd. for Notice of Motion order and order on Exh. 7 to 28.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2018
Date: 28-09-2018
Business: Advocate Mr. Pal h/f Adv. Manojkumar Upadhyay for Plaintiff present.
Advocate Ms. Disha h/f Adv. Narayanan for applicant present.
Advocate Ms. Hajare h/f Adv. Tondvalkar for BMC/Deft present.
F.R.S.R. following order has passed -
ORDER
1. N/m no. 2691/2018 stands disposed off.
2. Interim relief granted by my learned Predecessor on 18/07/2018 stands vacated.
ORDER BELOW EXH.7
Application Exh.7 stands rejected.
L.O.
Advocate Mr. Pal for Plaintiff present and filed an application for stay to order, t.o.r. O-Other side to say. Heard.
F.R.S.R. following order has passed -
ORDER
Application Exh.8 stands rejected.
Case is adjourned to 19/11/2018
Next Purpose: C/S HEARING
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Court is busy in hearing Notice of Motion in stamp no.14765/18, suit no.1014/09, 1016/09, hearing and dictating order on Notice of Motion 1575/15 which is High Court expedited in suit no.948/15 and other urgent matters, hence afternoon session board is discharged and case is adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Court is busy in hearing and dictating order on Chamber Summons in suit no.493/16 and court has to hear urgent matters, hence case is adjourned to 04/02/2019.
Next Purpose: C/S HEARING
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: None present for Plaintiff.
Advocate Ms. Tondwalkar for BMC/Deft present and submitted that, she will seek instructions and file the demolition report of notice structure on next date, hence case is adjourned to 27/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Business: None present for Plaintiff.
Advocate Mr. Tejash Shah h/f advocate Mr. Narayanan for applicant present.
Advocate Ms. Tondwalkar for BMC/Deft present and filed reply to Chamber Summons no.1387/18.
For giving fair opportunity to Plaintiff, case is adjourned to 11/04/2019 for reply to Chamber Summons. It is made clear that if on next date, if Plaintiff will not file reply to Chamber Summons, court will be compelled to decide Chamber Summons considering contentions raised in affidavit filed in support of Chamber Summons and considering reply of Defendant/BMC.
Next Purpose: C/S REPLY
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv. Mr. Tejas Shah for applicant in Ch.S no. 1387/18 present.
None for plaintiff.
Adv. Ms. Tondwalkar for the defendant/BMC present.
Adjourned to 24.04.2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Advocate Sumandevi Yadav for plaintiff present.
Advocate Ms. Tondwalkar for defendant/MCGM present.
Advocate Tejash Shah for applicant present.
Advocate for plaintiff sought time to file reply. Granted as last opportunity.
The Case is adjd. To 24.07.2019 for reply of Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Court is busy in hearing ad-interim matters in ST nos. 9434/19, 9368/19, 8899/19, 8902/19, suit no.2336/19 also in dictating orders there in and also in hearing NM in suit no. 1499/16, the case is adjourned.
The case is adjourned to 25.09.2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: None for plaintiff.
Advocate Giri for defendant/MCGM present.
None for applicant.
Plaintiff failed to file reply on Chamber Summons Chamber Summons no.1387/18 to proceed with without reply.
The case is adjourned to 09.01.2020 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. R. Narayan for applicant, submits that applicant is landlord, suit building is demolished and applicant has received possession of suit property. It is requested to disposed of the suit.
Applicant to submit affidavit in support of above
contention.
Matter is adjd. for ch/s hearing on 06.02.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: None for Plaintiff present.
Adv. Mrs. Mhatre h/f adv. Mrs. Chavhan for deft./MCGM present.
None for applicant.
Matter is adjd.for ch/s hearing on 18.06.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: adjd.to
Next Purpose: C/S HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: Adjd. to
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for ch/s hearing to 17.04.21.
Judge
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: As per Office order No. 73 of 2021 Dtd. 06Th April 2021 all Courts shall remain closed on every Saturday due to Covid-19 upto 30.04.2021 as per SOP, matter adjourned to 19.04.2021
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: C/S HEARING
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None for plaintiff present.
Adv. Khandagle h/f Mhatre for deft./MCGM present.
Matter is adjourned for C/s hearing to 18.09.2021
Next Purpose: C/S HEARING
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: C/S HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: C/S HEARING
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None present for Plaintiff.
Adv. Mr. Ramchandra Narayan for applicant is present.
He made the statement that already action has been initiated against suit structure and therefore, nothing survives in the suit and C/S.
Adv. Mr. Khandagale h/f Adv. Ms. Mhatre for Defendant/MCGM is present. His called upon to file the status report of the structure.
Adjourned for filing of status report to 11/02/2022.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: PO is on leave.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: adjd to
Next Purpose: REPORT
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file status report. Granted strictly as a last chance.
Adjourned for report to 12.07.2022.
Next Purpose: REPORT
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file report. Granted as a last chance.
Adjourned for report to 30.08.2022.
Next Purpose: REPORT
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None present for the plaintiff.
Adv. Mr. Indrajeet Mourya for the applicant is present. He submitted that the plaintiff is absent and therefore, the suit may be dismissed.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed pursis with structure demolition report. TOR. It is marked at
Exh.-09. O- Filed.
The plaintiff is called upon to verify the status and filed the report. In default, the consequential orders to follow.
Adjourned for report by the plaintiff/suitable Order to 04.10.2022.
Next Purpose: REPORT
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: None present for the plaintiff.
Adv. Indrajit Mourya for the applicant is present.
Adv. J.V. Mhatre for defendant/MCGM is present.
KB LO at 05:15 pm.
Order below exhibit No. 01:
Even today, the plaintiff is absent to file his report as regards the status of notice structure. On the contrary, in view of the report filed as per the list exhibit 09, the defendant informed to this Court that the structure is demolished. In the circumstances, it is clear that the plaintiff lost his interest in the matter. Consequently, the suit is dismissed in default. All the pending applications and Ch/s No. 1387/2018, accordingly stand disposed of. The plaintiff is called upon to bear costs of the suit. Bill of costs be drawn-up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-10-2022