Date: 16-08-2019
Business: Court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv.Holamagi for the Plaintiff present.
Adv.Shukla for Defendant/state present.
Adv.Prashant Nakati for defendant No.4 present.
F.R.S.R. the following order is passed. Dictated in open court.
ORDER
1. Notice of Motion No.3052/2019 is hereby dismissed with costs.
2. Notice of Motion No.3052/2019 stands disposed of accordingly.
Application tendered by the Plaintiff t.o.r
O-Otherside to say.
ORDER PASSED BELOW EXH.6
Heard. Perused application and say filed. It appears that this application has been filed under Order 41, Rule 5, Sub Rule (2) of CPC, in view of order 43, Rule 2 of CPC. Adv.for defendant No.4 has drawn my attention towards Section 41 (ha)of Specific Relief Act. Basically this court has not passed any executable order to stay the order passed by this Court. Further this Court has considered prima facie all documents tendered by the Plaintiff and defendants and dismissed the motion. It seems that nothing has been disclosed that there is substantial loss to the Plaintiff if stay is not granted. When the motion is dismissed there is no question of granting the stay to dismissal order. In such circumstance basically this application is not maintainable and hence, rejected.
Matter is adjd. to 20.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: None present for the Plaintiff.
Adv. Nakti for Defendant-4 present.
Adv. Ms. Krisha Patel for Defendant no 3 present.
Adv. Mr. Shukla for Defendant no. 1 and 2 present.
Adv. Ms. Chandramore for BMC/Defendant no. 5 present.
Matter is adjd. to 8.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Mentioned by preciepe.
Adv. Holamagi for the Plaintiff present.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the deft temporarily from further damaging any premises and dispossessing the Plaintiff. t.o.r. Leave granted to register.
Adv for the Plaintiff has requested to prepone the date, hence the date is preponed to 18.10.2019 and it is directed to the Plaintiff to intimate regarding change of date to other defts without fail.
Matter is adjd. to 18.10.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: The court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-11-2019
Date: 01-11-2019
Business: The court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Holmagi for the Plaintiff present.
Adv. Chandramore for Defendant no.5 present.
Adv. Shukla h/f Adv. Sapkal for deft. no. 1 present.
Heard Ld adv. for Plaintiff on N/M 3670/19.
Order - This notice of motion has been taken out by the plaintiff for giving directions for appointment of the commissioner and for giving direction to survey of property bearing CBS no.151 152,153,154, Ghatkopar for restraining the Defendant from further damaging any premises and dispossessing the Plaintiff from the suit premises and in support CA of plaintiff no. 3 filed his affidavit wherein plaintiff no. 3 has prayed to give directions to the defendants not to implement the said notice and maintain status quo.
It is urged by Ld adv. for Plaintiff that defendant no. 5 has published notice and it is filed on record. Prima facia it reveals that for restraining the defendants temporarily from demolishing the suit premises and dispossessing the plaintiffs from the suit premises, the plaintiff has taken out N/M no. 3052/19. It reveals that the notice has been issued by Dy. Collector, Competent Authority Section 33 and 3 8 of SRA Act. Further prima facia it reveals that there is a letter issued by Dy. Collector dated 14.08.2019 disclosing the proposal submitted by Defendant no.4 in respect of non co-operative slum holder under section 33 and 38 of SRA Act dated 04.05.2018. Further it reveals that Dy. Collector has given hearing to the parties and passed order on 05.02.2019. Appeal was preferred u/s 35 of SRA act and it was dismissed on 24.06.2019. It reveals prima facia that there is gazette dated 16.02.1978 and more than 70 occupants have given irrevocable consent to Defendant no. 4 and after verification annexure 2 has been issued on 17.09.2008 certifying 345 persons are eligible. There are documents disclosing the fact that CTS nos mentioned in the plaint have been considered in the SRA scheme from documents prima facia basically the plaintiff have not shown their right, title and interest specifically in respect of CTS no. 143, 152, 152/1-43, 151/1 to 61 and 153/5. In this background basically it reveals that notice has been issued u/s 314 SRA act and annexure 2 has been published and thereafter this notice has been issued by BMC for producing certain documents within seven days and failure to which for taking further action. It reveals that at this stage the plaintiff has not produced evidence showing that in view of this notice alongwith Exh. 7, the plaintiffs have submitted the certain documents to the concerned authority. Thus there is no prima facia case established by the Plaintiffs to grant ad-interim relief as prayed, in view of notice tendered alongwith Exh.7. Hence, Ad -interim relief is rejected.
Matter is adjd. to 08.11.2019 for N/M reply at 2.45 pm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Holmagi for the Plaintiff present.
Adv. Prashant Nakti for Defendant no. 4 present.
Adv. Poonam Gupta for defendant no.3/ SRA present.
Adv. Shukla for defendant no. 1 and 2 present.
Matter is adjd. to 13.11.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: None for plaintiff present.
Adv. Shukla h/f Adv. Martina Sapkal for defendant No.1 and 2present.
Exh 08- Adv.Poonam Gupta for defendant No.3, she filed affidavit on reply of NM.No.3657/19.
Adv. Prashant Nakati for defendant No.4 present.
Matter adj for 11.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Holamagi for Plaintiff is present. He seeks time for tendering Re-Joinder. O granted.
Adv. Shukla h/f Adv. Martina Sakpal for defendant no. 1 and 2 is present.
Adv. Virendra Pande for defendant no. 3 is present.
Adv. Prashant Nakti for defendant no. 4 is present.
Adv. Chandramore for defendant no. 5 is present.
Matter is adjourned for rejoinder to 18/01/2020.
Next Purpose: REJOINDER
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Next Purpose: REJOINDER
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: REJOINDER
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present for the plff.
Advocate Mr. Trivede for SRA present.
Advocate Ms. Priyanka Gaonkar h/f Martina Sapkal for State present.
Matter is adjd. to 26.04.2021 for rejoinder.
LO at 2.45p.m.
Advocate Mr. Prashant Nakti for deft no. 4 present.
Next Purpose: REJOINDER
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Due to covid-19
Next Purpose: REJOINDER
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: due to covid-19
Next Purpose: REJOINDER
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Mr. M. V. Holamagi for the plaintiff present.
Adv. Mr. Trivedi for the defendant/SRA present.
Advocate for the plaintiff seeks time for filing rejoinder.
Matter is adjd. to 05/10/2021 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: As the Court is busy in dictating order in NM No.1621/2018 (SU 1542/2017) and NM No. 1624/2021 (SU No.1819/2021) and due to disconnection of electricity power from 03.30 p.m. to 06.00 p.m. Hence, matter is adjourned.
Matter is adjd. to 06/12/2021 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Mr.Trivedi present for the defendant no.3
Adv Chandramore present for BMC.
Matter is adjd. to 16.02.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present for the plaintiff.
Adv Priyanka Gaonkar H/f Adv Martina Sakpal for defendant nos.1 and 2 present.
Adv Trivedi for SRA present.
Matter is adjd. to 25.04.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: None present for plaintiff.
Adv. Mr. Bhandari for defendant No. 3 is present.
Adv. Ms. Chandramore for defendant No. 5 is present.
None present for other defendants.
As plaintiff and his advocate are absent.
Matter adjourned for NM hearing to 06.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Sakpal present for defendant no.1 and 2.
Adv. Trivedi present for defendant no.3.
Adv. Chandramore present for defendant no.5.
As plaintiff and his advocate are absent and did not proceed with the NM.
Matter adjourned for NM dismissal order to 24/08/2022 .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None present for plaintiff.
Adv. Trivedi present for defendant 03/SRA.
Adv. Chandramore present for defendant 05/MCGM.
Adv. Pratik korgaokar hf adv. Martina sakpal present for other defendants/STATE.
None present for other defendants.
From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the nm no. 3670/2019 and therefore nm 3670/2019 is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the nm no. 3670/2019 Therefore, it will be appropriate to dismiss the nm 3670/2019 as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, nm no. 3670/2019 is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure.
Issue writ of summons to the defendants as per rules.
Matter is adjd. For service of writ of summons/ proof of service of writ of summons to 11/10/22
Next Purpose: SERVICE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for to 12-10-22.
Next Purpose: SERVICE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 05/MCGM.
Adv. Kapse hf adv. Martina sakpal present for defendant no. 01 and 02.
None present for other defendants.
Matter adjourned for service of writ of summons/proof of service of writ of summons to the defendants to 17/12/22.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present for plaintiff.
Adv. Pratik korgaonkar hf adv. Martina sakpal present for defendant 01 and 02.
Adv. Trivedi present for defendant 03/SRA.
None present for other defendants.
From the record it appears that, plaintiffs and their advocate are absent since long and did not take steps for service of writ of summons and to proceed further with the suit. Therefore, Matter adjourned for dismissal order to 21/01/23.
Next Purpose: DISMISSAL
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: None present for plaintiff.
Adv Priyanka Gaonkar holding for Adv Martina Sakpal present for defendant nos. 01 & 02.
Adv Trivedi present for defendant no. 03.
None present for other defendants.
KB
From the record it appears that, plaintiffs their adv are absent since long and did not take steps to proceed further with the suit and for the service of writ of summons to the defendant. Hence, suit is kept for dismissal order. However, today also plaintiffs and their adv are absent and did not take steps for proceeding further with the suit. From the above conduct of the plaintiff it appears that plaintiffs are not interested to proceed with the suit. Considering the above fact, it will be appropriate to dismiss the suit for default as per Order 9 Rule 2/8 of Code of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 2/8 of Code of Civil Procedure.
Proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-01-2023