Mr. Ketan Dhansukhlal ThakrarVsThe Asstt. Commissioner T ward

Date: 13-08-2019
Business: Mentioned by precipe.  NOB. TOB.
Adv. Kudalkar for plaintiff present and tendered draft NM along with affidavit.  He also tendered affidavit of service.  Leave is granted to register the NM r/o next date.  Copy served to other side.
None for defendant/MCGM.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard ld. Advocate for plaintiff.  He had pointed out from assessment extract that the suit premises is assessed from 01.04.1961 i.e. prior to the datum line.  The defendant/MCGM has refused to accept the service.  Considering that the suit premises is shown to be in existence prior to the datum line, it is a fit case to grant ad-interim relief.  Hence ad-interim relief in terms of prayer clause (a) is granted till next date.
Authenticated copies be given to the both parties.
Adjd to 22.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv.  R.V. Gangarkar  for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Adv. Sushant Chavan for applicant and Adv. Deepali Khare for another applicant present and undertake to file vakalatnama on next date.
On oral request of advocate for Defendant, adjournment granted
Time extended till next date to serve writ of summons.
Plaintiff is directed to tender  original registered NM 3197/19 on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 26-11-2019  for  NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Advocate Mr. Gangarkar for plaintiff present and tendered registered NM no.3197/19 with affidavit in support, t.o.r. He also tendered affidavit of service of Notice of Motion, t.o.r.
Adv. Mrs. Hajare for MCGM/Deft. present.
There exists an element of settlement between the parties hence matter is referred to mediation.
Adjd. to 10/12/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: None for plaintiff.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Adjd to  18-02-2020 for  Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: None for plaintiff.
Adv. Ms. Hajare for MCGM/Defendant present.
Mediation report is awaited.
Adjd to 06/02/2020 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: NOB TOB.By precipe.
Adv. Sushant Chavan for applicant No.1 present and filed V/P and also draft Ch along with affidavit in support. Leave to  register ch/s  is granted. Copy is served to other side.
Adv. Deepali Khare applicant present and filed V/P and also draft Ch along with affidavit in support. Leave to register is granted. Copy is served to other side.
Adv.Gangar for plaintiff present
Adv. Ms. Hajare for MCGM/Defendant present.
Adjd to 23.01.2020 for ch/s reply .
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Adv. Gangarkar for plaintiff present and file common ch/s reply No. 79/2020 and 80/2020.
Copy served to other side.
Adv. Sushant Chavan for applicant present and file original ch/s 79/2020 along with affidavit in support.
Adv. Mrs. Hajare for MCGM/Deft. present.
Adv.Deepali Khare for defendant present and file original ch/s No.80/2020 along with affidavit in support.
Order on ch/s 79/2020
Heard both side.
Perused ch/s along with the reply filed by the plaintiff.
Herd both side.
Sui is filed by challenging n/s 351 of MMC Act. The applicant in the capacity of developer wants to implead as party in those suit.
After scrutinizing the pleadings I am of the opinion that if the applicant is allowed to be a party to a suit it will not change any nature of suit. Considering contents of application proper and necessary party to decide controversial issue on merit . Accordingly prayer made in ch/s
1. Prayer (a) ch/s  is made  absolute.
2. Plaintiff to carry out amendment on or before next date.
Matter ajdd to 04.02.2020 for compliance by the applicant.
Order on ch/s 80/2020
Heard both side.
Perused ch/s along with the reply filed by the plaintiff.
Herd both side.
Sui is filed by challenging n/s 351 of MMC Act. The applicant in the capacity of Society wants to emplied as party those suit.
After scrutinizing the pleadings I am of the opinion that if the applicant is allowed to be a party to a suit it will not change any nature of suit. Considering contents of application proper and necessaryparty to decide controversial issue on merit . Accordingly prayer made in ch/s
1. Prayer (a) ch/s  is made  absolute.
2. Plaintiff to carry out amendment on or before next date.
Matter ajdd to 04.02.2020 for compliance by the applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: None for plaintiff.
Adv. Mrs. Hajare for MCGM/Deft.No.1 present.
None for defendant No.2 and 3.
 Matter adjd to 11.03.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None for plaintiff.
Adv. Khandagle h/f adv. Hajare for MCGM/Deft. present.
 Matter adjd to 28.04.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Hazare for deft no.1/MCGM present and requests for time to reply to NM No.3197/19. Time is granted till next date.
None for deft no.2 and 3.
Earlier order, if any, to continue till next date.
Matter adjd to 04/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None for plaintiff.
Adv. Ms. Hajare for deft no.1/MCGM present.
None for deft no. 2 and 3.
Matter adjd to 27/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant no.1/ MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for defendant nos.2 and 3.
Adjd. To 23/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Chavan for defendant no.1/ MCGM present and requests for time to file reply to NM.
Time is granted till next date.
None for defendant nos.2 and 3.
Adjd. To 03/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Chavan for defendant / 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.
Adjd. to 19/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None for plaintiff.
Adv Mrs Smita Chavan for defendant no.1/ MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.2 and 3.
Adjd. To 05/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Chavan for defendant No. 1/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
None for deft. Nos. 2 and 3.
Adjd. to 25/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: None for plaintiff.
Adv. Mrs. Chavan for defendant No. 1/ BMC is present and requested time to file reply on N/M. Time is granted till next date. None for deft. Nos. 2 and 3.
Adjd. to 20/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Court is busy in urgent hearing. Hence, board is discharged.
Adjd. to 23/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant No.1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
None for defendant Nos.2 and 3.
Adjd. to 27/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: As court is busy in hearing urgent matters, Board is discharged and adjourned to 03.10.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1/BMC present and seeks time to file reply to NM. Time is granted
None present for deft 2 and 3. it appears that plaintiff has not file writ of summons and defendants have not appeared hence, issues writ of summons through Bailiff.
Earlier order, if any to continue till next date.
Adjd  to  14.12.2023   for writ of summons against deft No. 2 and 3/ reply to NM by deft/BMC
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None for plaintiff
Adv. Mrs. Mhatre for BMC present
Adjd. to 6/2/2024 for service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None present for plaintiff
Advocate Mhatre for defendant -1/BMC present.
Adjd  to 07.05.2024 for service of Writ of summons upon D-2 and 3.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Court is on leave, hence matter adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: None present for plaintiff
Advocate Metakari for defendant No.1/BMC present.
keep   back
Later on 5.35 pm
Same appearance
Adjd  to  10.09.2024  for service of Writ of summons upon D-2 & 3.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: None for plaintiff present.
Advocate  Metakari for defendant no.1/BMC present and requested time to file reply on NM. Hence adjourned.
Adjd  to 05-11-2024 for writ of summons upon deft. no. 2 and 3 and NM reply of deft. no. 1 BMC.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthwar   for defendant/BMC present and seeks time to file reply to NM.
Matter is of year 2019 and pending since long for reply. However in the interest of justice time is granted as a last chance.
Plaintiff to serve writ of summons upon deft No. 2 and 3
Adjd to   21.01.2025  for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Pooja  Nagarthawar for defendant No.1/MCGM is present and sought time to file NM reply.  Sufficient time is already granted. Hence, this request is discarded. NM is posted for without reply of MCGM.
Adjourned for NM hearing( No Reply)/Writ of summons to 18.03.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is posted for dismissal. Adv. Ms. Pooja NAgarthawar for defendant/ MCGM is present.
Adjourned for NM dismissal (No reply)/writ of summons to 09.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is posted for dismissal. Adv. Ms. Sangita Honmane h/f Adv. Ms. Nagarthawar for defendant No. 1/MCGM is present.
Adjourned for NM dismissal to 02.05.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Sufficient time is already granted. Hence, NM. 3197/2019 stands dismissed in default. Adv. Ms. Sangita Honmane h/f Adv. Ms. Nagarthawar  for defendant No. 1/MCGM is present. Rest of the defendant are absent.
Adjourned for written statement to  22.07.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Pooja Nagarthawar for defendant No.1/MCGM is present. She sought time for file W/S. Time is granted strictly as a last chance.
Adjourned for Written Statement to 16-09-2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Despite opportunity no WS is filed by the defendant./MCGM. Hence suit to proceed without WS.
Adjourned forR.E.P.H. (Without WS to 04.10.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
C.A. of the plaintiff is present.
Adv. Mr. Girish Pawar for the plaintiff is present.
Adv. Ms. Rupali Patil h/f Adv. Ms. Nagarthawar for defendant No. 1 to 3/MCGM is present.
Awaiting report of mediation
Adjourned for Mediation report to 04.11.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE.P.H. ( Without WS).to 08.01.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil  for MCGM is present.
Adjourned for RE.P.H.( without WS) .to 24.03.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE.P.H.( without WS) .to 23.06.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None for plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
          Plaintiff and his advocate are absent when called. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 23-06-2026

CHAMBER SUMMONS/100080/2020
NOTICE OF MOTION/103197/2019
CHAMBER SUMMONS/100079/2020

Registration Number: 102260/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 108935/2019
Filing Date: 13-08-2019
First Hearing Date: 13th August 2019
Decision Date: 23rd June 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE