Date: 14-08-2019
Business: Mentioned by precipe. NOB. TOB.
Adv. B. P. Shukla for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM r/o next date. Copy served to other side.
Adv. Khandagle for MCGM/Deft. present.
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 both sides. In the plaint it is alleged that despite of the facts that plaintiff has filed reply to notice dtd. 03.08.2019 u/s 354 A of MMC Act, the defendant/MCGM has not passed any order and the officers of defendant/MCGM are threatening to demolish the suit premises with assistance of police at any time. The defendant/MCGM, being local authority, has statutory obligation to pass an order before taking any coercive action. Hence ad-interim relief in terms of prayer clause (a) is granted till passing of the order by designated officer of the defendant/MCGM after considering reply of the plaintiff. If such order will be adverse to plaintiffs interest the same shall not be enforced for one week after service of order to the plaintiff.
Authenticated copies be given to the both parties.
Adjd to 20.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Mr. Yadav for plaintiff present, tendered original Register NM no.3145/19 a/w affidavit.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 12.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Plaintiff present.
Adv. Priyank Shukla for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 17.04.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
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: 28-05-2020
Date: 28-05-2020
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Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.3145/19. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 05/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Yadav h/f. Adv. B.P. Shukla for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No. 3145/19. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 28/04/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv Yadav h/f Adv B.P. Shukla 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. Yadav h.f. Adv. B.P. Shukla 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.
Matter is adjd to 02/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 11/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Yadav h/f Adv B.P. Shula for plaintiff present.
Adv Khandagale h/f 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 24/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Ravindra Singh h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 17/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date. Earlier order, if any, to continue till next date.
Adjd. to 03/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 04/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: CORAM H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. B. P. Shukla for plaintiff present.
Adv Mrs Tondwalkar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 20/02/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: As Court is busy in urgent N/M hearing and passing ad-interim orders, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Sunita Dubey h.f. Adv. B.P. Shukla for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 09.08.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Advocate J.S. Yadav for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM.Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 04.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv Karan Chaudhary for plaintiff present.
Adv. Ms. Dhuri h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 20.11.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 19.01.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: As court is busy in final argument of Suit No. 229/15 and due to paucity of time, board is discharged and matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 15.03.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Advocate Sagar Chaurasia h/f Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 21.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Mr. Yadav for plaintiff present
Adv. Mrs. Vyawahare for B. M. C. requested time to file NM reply-Granted as a last chance as suit is of 2019
Adjd. to 22/7/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: None present for plaintiff
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Adjd to 19.08.2024 for NM reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: Advocate J. S. Yadav h/f Shukla for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Suit is five years old, hence time granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 30.09.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Matter is of year 2019 and on previous date last chance has been granted. However in the interest of justice one more last chance is granted.
Earlier order, if any, to continue till next date.
Adjd to 23.10.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate J. S. Yadav for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM.
The matter is very old and on two occasion last chance has been granted but today corporation has not filed reply to NM. Hence no say order passed against deft/BMC. Hence matter adjourned for NM hearing.
Adv for plaintiff requested time to serve writ of summons. Hence time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 06.12.2024 for NM Hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Abhishekh Shukla h/f Shukla for plaintiff present and requested time to argue NM as well to serve writ of summons. Time is granted as a one more last chance for hearing as well as writ of summons.
Advocate Honmane for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 24.01.2025 for NM Hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: CORAM: H.H.J. SHRI R. S. ARADHYE (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Adv.Ms. Sunita Dubey h/f Adv.Mr. B.P. Shukla for plaintiff present.
Adv.Mrs. Honmane for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjourned to 07.03.2025 for Notice of Motion hearing and Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-03-2025
Date: 07-03-2025
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. Sangita Honmane for defendant/ MCGM is present.
Adjourned for NM dismissal to 04.04.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Sufficient time is already granted. Hence, NM No. 3145/2019 is dismissed in default. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for writ of summons to 09.07.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
Later on at 3.58 pm
None present for the plaintiff. Rest appearance is as above.
Order below exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 and 3 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 09-07-2025