Date: 30-08-2019
Business: As court is busy in hearing Notice of Motion in suit no. 1016/19 and in ad-interim matters in ST No. 9431/19, SU 2355/19, ST 9599/19 and other matters on board. The case is adjourned.
The case is adjourned to 07.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ansari for defendant no. 1present and filed original Notice of Motion No. 3017/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Chavan for defendant/MCGM present.
The case is adjourned to 19.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Mr.Arun Dubey h/f adv. V.T. Dubey for plff., prayed for adjd.
Adv.Mrs. Chavhan for deft./MCGM present.
Matter is adjd. for NM rejoinder on 25.3.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2020
Date: 25-03-2020
Business: As Holiday of Gudi Padwa matter adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to Covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd. to 05.03.2021 for n/m hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: None present for plaintiff.
Adv. Ms. Afrin Khan h/f Adv. Siddhiqui for defendant No. 1 is present.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
In view of office order no. 07/2022 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.
Adjourned for NM reply to 18.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Vijayarani Prasad for plaintiff is present.
Adv. Afrin Khan for the defendant No.1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present orally requested for time to file NM reply. Sufficient time is already granted. Hence, rejected. The motion is proceeded without reply of defendant No. 2.
Adjourned for NM hearing to 25.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Mr. Siddhiqui for defendant No.1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Court busy in recording evidence in SU No. 809/2015 and hearing ad-interim NM in SU 1412/21 and SU 1413/21.
Adjourned for NM hearing to 13.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: PO is on leave hence, adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Siddhiqui for defendant No.1 is present.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
Heard both the sides on NM No. 3017/2019.
Adjourned for NM Order (No reply) to 17.08.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy in recording evidence in SU Nos. 4216/13, 5644/04 and SC No. 73/22.
Adjourned for NM Order to 05.09.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Ms. Farjana for defendant No.1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
The following order is passed on the NM No. 3017/2019:
ORDER
Perused the NM and record. Heard both the sides. Having considered their submissions, at the outset, it is to be noted that while passing order on NM No. 4754/2015 on 09.10.2018, this Court observed that defendant No. 1 is carrying on construction of roof of the room, without showing anything that due permission for such reconstruction/repairs was obtained. It further seems that defendant No. 1 did not argue on the said NM. Now, by filing this NM, he is submitting that he should be given a permission for reconstruction of the said premises. The record shows that even this time, he avoided to substantiate the fact as regards his eligibility to carry such reconstruction / repairs. That apart, the suit is filed by the plaintiff for limited purpose i.e. to restrain defendant No. 1 from carrying any construction except by following the due process of law. This was also the prayer clause (a) in NM no. 4754/2015, which is made absolute in view of the above order. On this background, nothing survives to consider this NM. The said issue is already decided earlier by this Court. Therefore, defendant No. 1 is at absolute liberty to proceed as per law. Needless to say that by filing of this NM for permission, that too in absence of anything to justify his propriety, defendant No. 1 would not be exempted to follow the due process of law as directed in view of the earlier order on NM. In the circumstances, I am of the opinion that at this stage defendant No. 1 could not present a prima-facie case nor balance of convenience tilts in his side. In the result, specially, in view of the earlier order on NM No. 4754/2015, this NM stands dismissed.
Adjourned for framing of issues to 14.11.2022.
Nature Of Disposal: DISMISSED
Disposal Date: 05-09-2022