Mrs. Shobha Shivaji Pawar +4 moreVsMCGM +1 more

Date: 09-08-2019
Business: Adv. Mr. Ketkar with Adv. Kapil Shetye for plaintiff present.
Adv. Mr. Khandagale for defendant/MCGM present.
Adv. for plaintiff tendered draft Notice of Motion along with affidavit. O- Leave granted to register the Notice of motion, returnable on next date.
Heard both the sides on ad-interim.
ORDER on ad-interim relief
Perused NM, plaint, documents filed by plaintiffs and heard both the sides . The plaintiffs, claiming to be in occupation of respective suit premises, have come up before the court apprehending dispossession by defendant MCGM without following due process of law. Ld. Adv. for defendant/MCGM has pointed out various discrepancies in the allotment letter/possessions receipts and argued that the plaintiffs have not come up before the court with clean hands. He has also asserted that the plaintiffs have  forged the documents in order to get the reliefs. This is a prima facie stage of the matter. The defendant MCGM has not produced any extract/letter/affidavit to support the case that the documents are forged. At this stage it will not be proper to jump to the conclusion about genuineness of the documents or otherwise. The prayer made in the notice of Motion is not to dispossess the plaintiffs without following due process of law. The plaintiffs are not claiming ownership rights in this suit. The defendant/MCGM, being a local authority,  has statutory obligation to follow due process of law for dispossessing the plaintiffs. Therefore ad-interim relief in terms of prayer clause a is granted till next date. This order will not prevent the defendant/MCGM from following due process of law in respect of the suit premises for taking any action under relevant Municipal Law.
Adjd to 16/09/2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Kapil Shetye for plaintiff present and tendered original NM NO. 3135/19 along with affidavit in support.Adv. Kapil Shetye for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Earlier order, if any, to continue till next date.
Adjd. to 18/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv.  Kapil Shetye for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to  08-04-2020 for N/M reply .
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: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None for plaintiff.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 17/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/01/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 25/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Kapil Shetye for plaintiff  present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mugdha Bhosale h/f Adv. Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 12/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: None for plaintiff .
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply cum W/S and list of documents, TOR and marked as Exh.2 and Exh.3 respectively. Copies of plaintiff kept in R and P.
Earlier order, if any, to continue till next date.
Adjd. to 21/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Today matter is kept for N/M hrg. but none present for plaintiff hence, put up for necessary order.
Adjd. to 05/11/2022 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None for plaintiff.
None for defendant/ BMC.
Adjd. to 25/01/2023 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 18/03/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv Sejal Nag for plaintiff present and tendered joint V/P (with advocate R.A. Yadav) along with NOC of earlier advocate. TOR and marked as Exh.4.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Plaintiff requested time to argue NM. O- granted.
Adjd. to 10-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. Sushant Mishra for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
When called at 5.15 P.M.
None present for plaintiff.
Adv. for defendant/ BMC submitted that matter is of PAP and plaintiff is encroacher and submitted that matter be kept for DID, hence kept for dismissal of NM.
Adjd. to 19.04.2023 for dismissal of NM.
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Ms. Shejal Nag for Plaintiff is present and received copies of Exh-2 and Exh-3.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO
Same appearance.
On request of advocate for plaintiff matter is adjourned to next date.
Adjd. to 24.04.2023 for NM hearing / Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Mr. R.A. Yadav for Plaintiff is present and requested for time to argue NM stating that plaintiff are taking of chamber summons for filing documents, hence adjourned.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 20.07.2023 for NM hearing / Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Adv. R. A. Yadav for plaintiff present and submitted that due to heavy rain plaintiff is unable to attend the court and he is not having brief. Hence, seeks time for hearing.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd  ton 21.08.2023  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Advocate Sejal h/f R.A.Yadav for plaintiff present and submitted that she is not feeling well and seek time to argue NM.  Hence matter adjourned.
Advocate Suryavanshi  for defendant/BMC present.
Adjd to 27.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. Jamkhandi h/f R. A. Yadav for plaintiff present and tendered draft chambers summons @ affidavit in support.
O-Leave granted to register ch/s. Copy be served to other side.
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to  27.10.2023   for  Service of Ch/s
Next Purpose: SERVICE
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Viraj Singh h/f R.A.Yadav for plaintiff present and   tendered ch/s No. 1809/2023. Taken on record.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM and stating that copy of ch/s has been served M-west ward. Adv for plaintiff stated that he will supply additional copy to deft/BMC.
Adv for deft/BMC has given say on Ch/s 1809/2023 overleaf.
Adjd  to   24.11.2023   for  Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Advocate Shailesh Pal for plaintiff present and requested time to argue on ch/s. Time is granted.
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to 15.12.2023    for ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Adv. Viraj Singh h/f R.A.Yadav for plaintiff present and seeks time to argue ch/s. Time is granted.
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
Adjd  to 22.03.2024   for Ch/s  and NM hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is on leave, hence matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to   14.06.2024  for chs and NM Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Advocate B. S. Khandelwal h/f R.A.Yadav for plaintiff present and submitted that Adv on record is having health problem and requested time. Hence matter adjourned on request.
Advocate Botlawar  for defendant/BMC present.
Adjd  to 18.09.2024 for NM and Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Adv. Pawar h/f R. A. Yadav   for plaintiff present and submitted that Sr Adv is out of Mumbai.
Suit is of year 2019 and pending since many dates for ch/s hearing. Hence time is granted as a last chance.
Advocate Botlawar for defendant/BMC present.
Adjd  to  21.10.2024   for  ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Sujata Puri  for defendant/BMC present.
The suit is of year 2019 and ch/s is pending since long for hearing. On previous date last chance has been grated to the plaintiff but today none present for plaintiff. Hence matter adjourned and kept for dismissal of ch/s and hearing of NM
Adjd  to  30.11.2024  for dismissal of chs and hearing of NM.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
Matter is adjd to   07.12.2024   for Ch/s for dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Adv. Pawar h/f R.A. Yadav for plaintiff present.
Advocate Honmane   for defendant/BMC present.
Heard argument of both sides on Ch/s No. 1343/2023.
Adjd  to  04.01.2025  for Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
None present for plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for the defendant/MCGM is present. The matter is kept back.
Later on at 4.00 p.m.
The appearance is as above. In view of the change of assignment parties to re-argue on Ch/s.
Adjourned for Ch/s. hearing to 03.02.2025.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Girish Pawar h/f Adv. Mr. R.A. Yadav for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Heard both the sides on Ch/s.
Adjourned for Ch/s Order/NM hearing to 18.02.2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Girish Pawar h/f Adv. Mr. R.A Yadav  for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. Steno is on leave.
Adjourned for Ch/s Order/NM hearing to 06.03.2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Girish Pawar h/f Adv.Mr. R.A. Yadav for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present.
F.R.S.R. the following Order is passed in Ch/s. No. 1809/2023.
-: O R D E R :-
(i).	Chamber Summons No.1809/2023 is made absolute in
	terms of prayer Clause (a) only. Accordingly, the plaintiffs 	are called upon to carry out the proposed amendments, as 	per the Schedule, positively till the next date, and to file copy 	of amended plaint simultaneously.
(ii).	The parties to expedite the trial.
(iii). 	Chamber Summons No. 1809/2023 is, accordingly,
	disposed of.
Adjourned for Compliance/NM hearing (LN) to 04.04.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2025

Date: 04-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Sagar Batavia h/f Adv. Mr. R.A. Yadav for the plaintiff is present and sought time for compliance of Ch/s Order. Time is extended till the next date. Adv. Ms. Sujata Puri for defendant/ MCGM is present.
Adjourned for compliance/NM hearing to 23.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Sagar Batavia for the plaintiff is present.
Adv. Ms.Vidya Vyavhare for defendant/MCGM is present.
No steps taken in view of order passed on Ch/s No.1809/2023.
Adjourned for Compliance/NM Hearing/dismissal to 12/09/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
No steps taken in view of order passed in Ch/s. 1809/2023. amendment plaint is not filed
strictly last chacne is granted for the compliance or else suit shall be dismissed. Plaintiff to take note
Adjourned for Compliance/NM hearing/dismissal to 06.10.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Ayesha Shah h/f Adv. Mr. Sarambalkar for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
No steps taken in view of order passed on Ch/s No.1809/2023.
Adjourned for Compliance/NM hearing/dismissal to 01.12.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: P.O. is on Medical Check- up as per Office Order.
Adv. Sagar Batavia h/f Adv. Mr. Sarambalkar for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Hence matter adjourned.
Adjourned for Compliance/NM hearing/dismissal to 05.01.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Sagar Batavia h/f Adv. R.A. YAdav  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for compliance to 16.03.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Sagar Batavia for the plaintiff is present.
Adv. Ms.Sheetal Waghmare h/f Adv. Vyavhare  for defendant/MCGM is present.
Adjourned for filing amended plaint/Compliance to 18.03.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Devmani Yadav for the plaintiff is present and filed affidavit of service. O- Filed. He also file amended plaint. It is marked as Exhibit 1A.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for written statement to  29.06.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Devmani Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file additional written statement after amendment.
O- Time is granted.
Adjourned for filing additional written statement to 09.09.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Rajnish Upadhay h/f Adv. Mr. Batavia for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file additional WS. O- Time is granted.
Adjourned for filing additional WS .to 16.11.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-11-2026

CHAMBER SUMMONS/101809/2023
NOTICE OF MOTION/103135/2019

Registration Number: 102235/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 108695/2019
Filing Date: 05-08-2019
First Hearing Date: 09th August 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE