Gangadhar PujariVsMCGM And Ors

Date: 07-08-2019
Business: Adv. Mr. Holamagi for the Plaintiff present.
None present  for the Defendant.
Original registered N/M No. 2992/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Matter is adjd. to 8.08.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Holamagi for the Plaintiff present. Adv. Suryawanshi for MMC/Defendant present Heard. Perused documents tendered by the Plaintiff and Defendant no. 3 alongwith WS. Prime facie documents discloses that the Plaintiff has entered into partnership deed and even he has executed affidavit cum indemnity bond on 16.06.2009, wherein he has stated that he has no complaint against the society and society office bearers i.e Topas, SRA chambers (property). Further in the said indemnity bond, the Plaintiff has stated that the Plaintiff has received possession of permanent alternate accommodation in rehab building 2nd floor, C wing Gala no. 203. even the Defendant have filed on record memorandum of understanding between Defendant no. 3 and the Plaintiff. The documents are of the year 2004, 16.06.2009, Deed of partnership dtd 5.12.2008. According to the Plaintiff, all the documents tendered by the Defendant are forged and fabricated documents. It is urged by Ld adv for the Plaintiff that all the documents tendered by Defendant no. 3 are fabricated and forged and the Plaintiff has not executed the same. In this background, Prime facie it discloses that even after filing WS by the Defendant no. 3 till filing this N/M, the Plaintiff has not challenged the said documents by making amendment in the suit plaint and even earlier the Plaintiff has not challenged above said documents. The Plaintiff has filed this suit for seeking relief of mandatory injunction. Thus Prime facie it appears that the Deputy Collector has passed order on 5.05.2018, considering allotment of respective shops by the developer in the year 2009. In such facts and circumstances, it is not just and proper to grant adinterim relief at this stage. NM is to be decided on merits and opportunity is necessary to be given to the Defendant to file reply to this N/M. Hence, adinterim relief is rejected. Matter is adjd. to 16.08.2019 for proof of service of N/M no. 2992/19/ N/M reply/ N/M hearing/ passing no WS order against the Defendant.
Next Purpose: REPLY
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None present  for the Plaintiff.
Adv. Trivedi for SRA/Defendant-2 and 5 present.
Adv. Ms. Chandramore for BMC/Defendant no. 1  present.
The Plaintiff has not tendered registered N/M.
Matter is adjd. to 16.11.2019 for reply to N/M no. 2992/19/ N/M/872/19 hearing or for dismissal order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: None for plaintiff present.
Adv.Ms.Chandramore for BMC/deft/No. 1Present.
Adv.Trivedi for defendant No.2 and 5 present.
Matter adj for NM reply to 14.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: None present for plaintiff. Hence, NM No.872/2019 is dismissed for want of prosecution and disposed off.  Plaintiff has not tendered registered NM No.2992/2019. Therefore, NM No.2992/2019 is dismissed for want of prosecution and disposed off.
Adv. Chandramore for defendant no.1  is present.
Adv. Trivedi for defendant nos.2 and 5 is present.
Nature Of Disposal: DISMISSED
Disposal Date: 14-01-2020

Main Case No: SUIT/0101115/2019
Main Cnr: MHCC010052662017
Main Filing No: 111447

Filing Number: 108744/2019
Filing Date: 06-08-2019
First Hearing Date: 07th August 2019
Decision Date: 14th January 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE