Vikramaram Fatingan GuptaVsPinal Realty LLP +4 more

Date: 01-09-2018
Business: Plaintiff present. Advocate absent.
Adv. Kamble  h/f Adv. Mhatre for defendant no.5 / BMC present.
Adv.  Barve h/f adv. S. T. Manak for deft. no. 1 present and filed Vakalatnama.tor
Adv. S.B. Dhanve for deft. no. 2 and 4 present and filed Vakalatnama.
Matter adjd. to 15.10.18 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-10-2018

Date: 15-10-2018
Business: Plaintiff present. Advocate absent.
Adv. Mhatre for defendant no. / BMC present.
Matter adjd. to 17.12.18 for Service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: CORAM - H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
               (C.R.NO.11)
(Incharge Court of C.R.No.8)
Plff present. Adv for plff absent.
Adv Mr.Manek for deft no.1 present and filed written statement. It is TOR and marked as Exh.4. Copy be served to other side.
He also tendered draft NM alongwith affidavit. It is TOR.
Order - Leave is granted to register the NM.
Copy be served to other side.
Adv Ms.Dhanve for defts no.2 to 4 present.
Adv Mrs.Bhoir for BMC/deft. no.5 present
Adjd to 20/02/2019 for service and reply to NM.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: C.A. of plff present. Adv for plff absent.
Adv Mrs.Bhoir for BMC/deft. no.5 present.
Original NM No.2665/18 alongwith affidavit tendered by C.A. of plff. It is TOR
C.A of plff also tendered original writ of summons.
Adv Ashwini Barve for deft no.1 present and tendered original NM No.31 of 2019 alongwith affidavit. It is TOR.
None present for defts no.2 to 4.
Adjd to 1/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Plff present and his Adv. absent.
None for Deft No.1.
Adv. Ms. Dhanve for Defts No.2 to 4 present.
Adv. Mrs. Bhoir for MCGM/deft. No.5 present.
Plff is directed to serve copies of documents to Defts No.2 to 4 on or before next date.
Adjd to 26/6/2019 for N/M reply.
LO at 3.30 p.m.
Adv. Ms. Ashwini Barve for Deft No.1 present.
Already adjd to 26/6/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. V. R. Tripathi for plaintiff present.
Adv. Ashwini Barve for def. no. 1 present.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. 5 present.
None for def. no. 2 to 4.
On oral request of ld adv for def. no. 5, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 08.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: None for plaintiff.
Adv. Ashwini Barve for def. no. 1 present.
Adv. Ms. Patil for MCGM/Defendant 5 present.
None for def. no. 2 to 4.
defendant no. 2 to 4 have failed to file reply to NM.  Hence the NM will be heard without reply of def. no. 2 to 4.
Adjd to 17.10.2019 for NM no. 2665/18 reply of Def. no. 5 and NM No. 31/19 reply of plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft no. 5/MCGM present.
Adv. Manek for deft. no. 1 present.
None for defendants no. 2 to 4
Order on NM No. 31/19 -
The deft. no. 1 has taken out this NM to condone delay of 67 days in filing WS. The plaintiff has not filed say till today. Roznama dated   17-12-2018 shows that WS of deft. no. 1 is already taken on the record and given Exh. 4. therefore, the NM has become infructuous. Hence, NM No. 31/19 disposed off.
Ld. Adv. for deft. no. 1 has tendered pursis (Exh. 5) to treat WS as replied to NM no. 2665/18. t.o.r.
On oral request of advocate for Defendant no. 5, adjournment granted as last chance.
Adjd to 02-01-2020  for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: None for Plff.
Adv. Ashwini Barve for Deft No.1 present.
None for Deft Nos.2 to 4.
Adv. Hazare h/f Adv. Patil for Deft No.5/MCGM present.
Adjd to 27/3/2020 for N/M reply of Deft Nos.2 to 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None for plaintiff.
Adv. S.T. Manek for deft no.1 present.
None for deft no. 2 to 4.
Adv. Khandagle h/f Adv. Ms. Smita Chavan for deft no.5/MCGM present.
Matter adjd to 04/03/2021 for NM Reply by deft no.2 to 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None for plaintiff.
Adv. Bharti Wadhwa for deft no.1 present.
None for deft no. 2 to 4.
Adv. Ms. Smita Chavan for deft no.5/MCGM present.
Matter adjd to 15/04/2021 for filing reply to NM by deft no.2 to 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: NOB-TOB for placing the matter before National Lok-Adalat will be held on 25/09/2021.
None for plaintiff.
None for defendants.
Issue notice to the parties and their advocates to remain present before National Lok-Adalat on 25/09/2021 at 10.00 a.m.
Earlier adjournment is preponed.
Adjd. To 25/09/2021 for National Lok-Adalat.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Matter pertaining to C.R. No.8
None present for plaintiff.
Adv. Seema Rawade for BMC present.
Advocate A.B. Dhanve for  Defendant  No. 2 , 3 & 4 present.
Officer Jr. Eng Nemade for BMC present.
Matter is  adjourned to 28.09.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Adjd. To 28/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None for plaintiff.
Adv Bharti Wadkar for defendant no.1 present.
None for defendant nos.2 to 4
Adv Mrs Rawade for defendant no.5/ MCGM present.
Adjd. To 15/03/2022 for NM reply by defendant nos.1 and 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None for plaintiff.
Adv Manek for defendant no.1 present.
None for defendant nos. 2 to 4.
Adv Mrs Rawade for defendant no.5/ MCGM is present.
The defendant nos.2 to 5 failed to file reply to NM though sufficient chances given to them, hence No Say  / Reply order passed against them. The defendant no.1 already filed NM reply. Hence matter be kept for NM hearing.
Adjd. To 07/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None for plaintiff.
Adv. Diti Joshi for defendant No. 1 present.
None for defendant Nos. 2 to 4.
Adv. Mrs. Rawade for defendant No. 5/ MCGM is present.
Adjd. to 14/07/2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None for plaintiff.
Adv. Titi Joshi for deft. No. 1 present.
None for deft. Nos. 2 to 4.
Adv. Mrs. Rawade for defendant No. 5/ MCGM is present.
Adjd. to 20/08/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None for plaintiff.
None for deft. Nos.1 to 4.
Adv. Mrs. Rawade for defendant 5/ BMC is present.
Following is order is passed on N/M No. 2665/2018-
O R D E R
       N/M is more than 3 years old and it is pending since long for hearing. The roznama shows that plaintiff and his advocate did not remain present since many dates. It appears that plaintiff is not interested to proceed with the N/M. Hence, I passed following order-
O R D E R
Notice of Motion No. 2665/2018 is dismissed for default.
Adjd. to 27/09/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None for plaintiff.
Adv. Mane for deft. No.1 present.
None for deft. Nos.2 to 4.
Adv. Mrs. Rawade for defendant No.5/ BMC is present.
Statutory period for filing W/S is over. Adv. for deft./BMC submitted that corporation is not filing W/S hence, suit to proceed without W/S of deft. Nos.2 to 5.
Adjd. to 19/11/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None for plaintiff.
Adv. Diti Doshi for defendant No.1.
None for deft. Nos.2 to 4.
Adv. Mrs. Rawade for defendant No.5/ BMC is present.
Adjd. to 07/01/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None for plaintiff.
None for defendants.
Adjd. to 04/02/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None for plaintiff.
None for defendant Nos.1 to 4.
Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant No.5/ BMC is present.
Adjd. to 16/03/2023 for hearing of the parties under order 14, rule 1 of CPC.
Next Purpose: HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: None for Plaintiff.
None for defendants no. 1 to 4.
Adv. Mhatre for defendant no. 5/ BMC is present.
Adjd. to 15/07/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff.
None for defendants no. 1 to 4
Advocate Mhatre for defendant No.5/BMC present.
Adjd to  19.08.2023  for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No.5/BMC present.
Adv. Reshma Salunkhe for def No. 1 present.
None present for def NO. 2 to 4
As Court busy in hearing NM and recording evidence. Due to paucity of time matter adjourned.
Adjd to 21.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None present for plaintiff
Adv. Priyank Salunkhe i/b S.T. Manek and Co. for D-1 present.
None present for D-1 to 4.
Advocate Mhatre for defendant No.5/BMC present.
Exh. 5 Issues are framed.
Adjd to  23.11.2023  for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: None present for plaintiff
Adv Reshma Salunkhe for deft No. 1 present.
Advocate Mhatre for defendant No.5/BMC present.
None present for deft No. 2 to 4.
Today is first date for filing evidence. Hence matter adjourned
Adjd  to   19.12.2023   for  plaintiff evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: None present for plaintiff
Adv  Manik for deft No. 1 present and submitted that
Advocate Mhatre for defendant No.5/BMC present.
None present for deft No. 2 to 4
Issues are framed on 27.10.20023 and this is the second date for evidence of plaintiff but none present for plaintiff. Adv for deft No. 1 submitted that building has been demolished and submitted to dismiss the suit. Hence matter adjourned and kept for dismissal of suit.
Adjd  to 20.01.2024   for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant No. 5/BMC present.
None present for deft No. 1.
None present for deft No. 2 to 4.
keep back
Later on 4.35 p.m
When called  at 4.35 p.m none present for plaintiff. The suit is of year 2018  ie. 6 years old. The issues are framed on 21.10.2023 and matter adjourned for the evidence of plaintiff but plaintiff has not filed evidence.  It appears that the plaintiff and his Adv are not present since framing of issues. Hence matter adjourned was adjourned on 19.12.2023 and kept for dismissal of suit but inspite of that today none appeared for plaintiff. This is shows that plaintiff is not interested to proceed with the suit. Hence I have no option but to dismiss the suit for want of prosecution. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under order 9 Rule 8 of Civil procedure code
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-01-2024

NOTICE OF MOTION/100031/2019
NOTICE OF MOTION/102665/2018

Registration Number: 101670/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 108420/2018
Filing Date: 27-06-2018
First Hearing Date: 01st September 2018
Decision Date: 20th January 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE