Date: 03-07-2018
Business: Resumed.
The P.O. is busy in judgment in N. M. No.2300 of 2018 in L.C. Suit No.1524 of 2018 For want of time the board is discharged.
Adjd for ad-interim order to 05.07.2018
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 05-07-2018
Date: 05-07-2018
Business: Resumed.
Adv. Kazi with plaintiff and Adv. Rawade with Dr. Gujar for defendant are present. Adv. Rawade filed reply to Ad-interim relief. O - R and R
Earlier order if any to continue till the next date.
Adjd for arguments on ad-interim relief 12.07.2018
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-07-2018
Date: 12-07-2018
Business: Resumed.
Heard, Adv. Kazi for plaintiff and adv. Rawade for MCGM on NM No. 2428/2018. Earlier order if any to continue till the next date.
Exh. 7 - Adv. Rawade filed vakalatnama for MCGM.
Adjd for orders on NM no. 2428/2018 to 17.07.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Resumed.
Adv. Kazi for plaintiff and Adv. Rawade for MCGM
FRSR the following order is passed -
ORDER
1. Ad-interim relief is granted in terms of prayer clause-(a) and (b).
2. Plaintiff is temporarily permitted till further order to do his business within limits of his license and without using excess area.
Adjd for NM reply to 31.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Resumed.
Adv. Tehzib Kazi for plaintiff undertakes to get the suit register by removing office objections if any within two weeks. Time is granted. Adv. Kazi seeks time to argue the NM.
Adv. Rawade for MCGM is present. Earlier order if any to continue till the next date.
Adjd for NM arguments to 04.08.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-08-2018
Date: 04-08-2018
Business: Resumed.
Plaintiff in person is present. His advocate is absent. Adv. Rawade for MCGM is present.
Adjd for arguments on NM to 23.08.2018.
L.o. at 3.10 p.m. Mr. Ibrahim Abdul claiming to be C.A. of neighbouring shop keeper of the plaintiff tendered draft Ch/s with affidavit. Leave to register is granted. He undertakes to serve copies to plaintiff and defendants.
Adjd for reply and arguments on Ch/s to 23.08.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Business: Resumed.
Adv. Kazi with plaintiff and Adv. Rawade for MCGM are present. Mr. Ibrahim Abdul C.A. of applicant tendered registered Ch/s No. 1438/2018.
Adv. Kazi and Adv. Rawade seek time to file reply to Ch/s. Adv. Kazi undertakes to remove the objection and get registered the suit within two weeks.
Adjd for reply and arguments on Ch/s to 06.09.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Resumed.
Adv. Shaikh for plaintiff, Adv. Rawade for MCGM and Mr. Ibrahim Abdul C.A. of applicant are present.
Adv. Shaikh for plaintiff filed reply to Ch/s.
Adjd for Ch/s argument to 11.10.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Resumed.
The P.O. is on leave.
Adjd for CH/s arguments to 30.10.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Resumed.
The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009, 2811/2018 and 2830/2018.
For want of time the board is discharged.
Adjd for Ch/s arguments to 06.12.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Business: Resumed.
None for plaintiff. Adv. Ravade for MCGM is present.
Adjd for Ch/s arguments/dismissal orders to 15.01.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 15-01-2019
Date: 06-12-2018
Business: Resumed.
None for plaintiff. Adv. Ravade for MCGM is present.
Adjd for Ch/s arguments/dismissal orders to 15.01.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 15-01-2019
Date: 15-01-2019
Business: Resumed.
Adv. Babita Malik for plaintiff and Adv. Ravade for MCGM are present.
C.A. of the applicant Mr. Ibrahim Abdul Kadar Mansoori is present. He submits that there are typographical mistakes in the page no. 4 and 26 of the Ch/s. According to him at line no. 3 the words Jamiat Ahlehadees educational society and at page no. 26 at line no. 6 the word trust are mistakenly type written and the same are required to be deleted. Prima facie the applicant is not related with any trust or educational society. Therefore, the applicant is permitted to delete the aforesaid words from respective page nos. 4 and 26.
According the C.A. of applicant has carried out correction.
Heard, the C.A. of applicant Mr. Ibrahim Abdul Kadar Mansoori in person and Adv. Kazi for plaintiff.
Adv. Ms. Ravade submitted to the orders of this Court.
Mr. Ibrahim submitted that the plaintiff is using public road for keeping tables and chairs for his hotel business and thereby obstructing the applicant as well as various shop keepers in that area. According to him, the area of the shop is very small. It causes harassments to the public at large. He relied on the documents, photographs filed with chamber summons and submitted that a criminal case is also pending against the plaintiff. In reply advocate Kazi for plaintiff submitted that the applicant is residing 2-3 km. away from the shop. According to him, the applicant and the plaintiff are not on talking terms. On the contrary the applicant is harassing all the shop keepers in that area. In reply Mr. Ibrahim submitted that the applicant is using the said public road every day and is facing obstruction.
Considering rival submissions, copies of documents and affidavits placed on record it appears that the plaintiff has filed a suit for declaration that action for canceling the license is illegal and unlawful and further for direction to restore the license etc. Plaintiff\''s license has been canceled on the ground of violation of various conditions. Thus, the scope of matter in dispute is restricted to the legality and vires of the order of revocation of license.
The dispute raised by the applicant pertains to a different cause of action and nature and he may seek its redress by taking action permissible under law. For that redress his presence is not necessary or proper in the present suit. The presence of applicant is not necessary for complete and effective adjudication of the matter in controversy in this suit. Moreover, the decision of this suit will not bind the applicant in any way. If the plaintiff is obstructing the public at large or applicant in particular, he may take necessary action against the same permissible under law. Therefore, the following order is passed
ORDER
1. The chamber summons no. 1438 of 2018 is dismissed.
2. Parties to bear their own costs of the chamber summons.
Adjd for arguments of N/M to 29.01.2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Resumed.
Adv. Ms. Shaikh with plaintiff and Adv. Ravade for MCGM are present.
Adv. Shaikh seeks time on the ground that Adv. Kazi is not keeping well. Time is granted as last chance.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 28.02.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Plaintiff present. Adv.Shaikh Harshi for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
Adjournment application filed by adv. of plaintiff. Time granted as a last chance.
Earlier order if any to continue till the next date.
Matter adjd. to 12.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Kazi for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
The Ld. Adv. for the plaintiff seeks time to arguments. Time granted.
Matter adjd. to 28.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Plainiff present. Adv.absent.
Adv.Smt.Rawade for defendant/MCGM present.
Adv.had moved an application pointing out he is ill.
O-Granted.
Matter adjd to 11.04.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-04-2019
Date: 28-03-2019
Business: Plainiff present. Adv.absent.
Adv.Smt.Rawade for defendant/MCGM present.
Adv.had moved an application pointing out he is ill.
O-Granted.
Matter adjd to 11.04.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv.Babita Malik for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
KB
LO
Adv.Mr.M.H.Kazi for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Heard both the sides on NM Order.
Matter adjd to 20.04.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: None for plaintiff.
Adv.Smt.Rawade for defendant/MCGM present.
Regular Steno is absent.
Matter adjd to 25.04.19 for Oder on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. M. H. Kazi for plaintiff
Adv.Rawade for defendant/MCGM present.
FRSR the following order is passed.
Order on NM No.
Notice of motion no. 2428/2018 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 25-04-2019