Mrs. Farida Mohammed Jahur DawreVsThe Asst. Municipal Commissioner +1 more

Date: 21-08-2019
Business: (Matter pertains to CR No.8 )
By praecipe
Advocate Ansari for plaintiff present.
Advocate Khandagale for defendant/MCGM present.
Heard advocate for both parties.
Proceedings indicate that the notice u/s 3Z-1 of the Maharashtra Slum (Improvement, Clearance and Redevelopment)Act 1971 to remove the mobile tower was issued by the defendant to the plaintiff.  It appears that in response to the said notice an application for  regularization is submitted by the Reliance Jio Infratel Pvt. Ltd. to the Assistant Commissioner. Similarly the plaintiff has also addressed a letter dated 13.08.2019 to  defendant no. 1.  There appears nothing on record that the defendants have considered letter dated 13.08.2019 addressed by the plaintiff to defendant no.1.  Even if it is presumed that said letter can not be considered as reply to  impugned notice, still in view of the proviso to sub section 4 of section 3Z-1, the defendants are bound to pass an order of demolition and then only can act against the suit structure.  At present there is nothing on record to indicate that such order of demolition is passed. Hence, a prima facie case is made out for grant of ad-interim relief. Hence the order -
                                     ORDER
1. Ad-interim relief in terms of prayer clause (a) of the Notice of Motion is granted till next date.
2. Leave is granted to register Notice of Motion.
3. Defendant to file reply.
Authenticated copy of roznama be given to parties.
The case is adjourned to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Ansari Asaggar Kalim for plaintiff present and tendered original NM 3261/19 along with affidavit in support.
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 20/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
LO 3.10 pm
Adv. Ansari Asggar Kalim  for plaintiff present and tendered original writ of summons.
Earlier order, if any, to continue till next date.
Adjd to 15-04-2020  for  N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 07-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
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 22/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Khandagale for deft no.1 and 2 /MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.3.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Ansari Asgar Kalim 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 23/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: CORAM  H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Tonwalkar for defendant No.1 and 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 06-10-2021 for NM Reply.
                                                                                In-charge Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim 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 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim 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 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Shirish Shigwan h.f. Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant /MCGM is present and seeks 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 03/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None for plaintiff.
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 14/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Ansari Asggar Kalim for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present.
 Both parties sought time for taking directions in respect of keeping matter before Lok Adalat from concerned parties, hence, on request, Matter is adjd for NM Reply on 02/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
By consent of both the parties, matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/03/2022 for National Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Parties absent.
As parties absent, could not be settled.
Matter is adjd to 25.4.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. To 07/05/2022 for Lok-Nayalay.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None for plaintiff.
Adv Tondwalkar for defendant / BMC present.
Matter stands Adj to 14/06/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Jyoti Mishra h/f. Ansari Asggar Kalim for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. To 03.08.2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Matter is already referred to National Lok-Adalat will be held on 13/08/2022.
Both parties are directed to remain present on 13/08/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
Matter pertains to CR No.04
None for plaintiff present.
Adv Tondwankar for defendant/BMC present.
Matter is adj to 12-10-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Ansari Asggar Kalim 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 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Matter is referred for National Lok-Adalat will be held on 30.04.2023.
Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
Adjd. to 30.04.2023 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
None present for plaintiff
Advocate Suryawanshi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 12-07-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Advocate Jyoti mazkar h/f Ansari  for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is gratned.
Earlier order,. If any, to continue till next date.
Adjd to 13.09.2023    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Advocate Ansari 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 15.12.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Matter pertains to C. R. No. 4
Advocate Ansari Kalim  for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  09.02.2024  for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: As Court is busy in ad-interim matter,  dictating notice of motion order and due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Matter adjourned NM reply to 12/04/2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: As Court is busy in dictating Judgment in Suit No. 1705/2016, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  24.06.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019. hence matter adjourned
Adjd  to 14.08.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance.
Earlier order, if any, to continue till next date.
Adjd  to  25.09.2024   for NM Reply  and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Advocate Ansari for plaintiff present.
Advocate  Botlawar  for defendant/BMC present and seeks time to file reply to NM.  However matter is of year 2019 i.e. five years old and on two occasion last chance has been granted. The reason time to file reply is not justifible. Hence NM to proceed without reply of deft/BMC. Hence matter adjourned for NM Hearing
Earlier order, if any, to continue till next date.
Adjd  to 06.11.2024  for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
None present for defendant/BMC
Earlier order, if any, to continue till next date.
Adjd  to 06.12.2024    for NM Hearing
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 )
None present for plaintiff
Advocate   Honmane  for defendant/BMC present.
Today matter is listed for NM Hearing. However roznama shows that since long neither plaintiff nor his adv remains present. The suit is of year 2019, hence matter adjourned and kept for dismissal of NM.
The writ of summons Exh. 5 has been served upon deft/BMC on 04.10.2019 but BMC has not filed WS. Statutory period for filing WS is over. Hence suit to proceed without WS of deft/BMC.
Adjd  to 21.12.2024 for  dismissal of NM
Later on 3.30 p.m
Adv. Ansari Kalim for plaintiff present and submitted that he was under impression that matter is for NM Reply and requested time to argue NM and requested to change the date
Adjd to 13.01.2025 for NM Dismissal / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present and sought time to argue on NM. The plaintiff is directed to file written submissions on NM. In default, the NM would stand dismissed. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for written submissions on NM/R.E.( No WS) to 14.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. The matter is kept back.
Later on at 3.09 pm.
Adv. Mr. Ansari Kalim for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. Adv. Ms. Sangita Honmane h/f Adv. Ms Sujata Puri for defendant/MCGM is present and sought time to file written submissions on NM, despite the fact the defendant did not contest the suit and NM. Time is granted, subject to payment of costs of Rs. 3,000/- (Rs. Three Thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders would follow.
Earlier Order, if any, is continued till next date.
Adjourned for Costs/Compliance/filing written submissions on NM (No Reply)/ to 03.03.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present Adv. Ms. Sujata Puri for defendant/MCGM is present and sought time to comply with the order of costs. Time is extended till the next date. Earlier Order, if any, is continued till the next date.
Adjourned for costs/Compliance/ written submissions on NM to 13.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter pertain to C.R. No. 04)
None present for the plaintiff. None present for defendant/MCGM. Earlier Order, if any, is continued till the next date.
Adjourned for costs/Compliance/ written submissions on NM to 14.07.2025
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter Pertains to C. R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for costs/Compliance/ written submissions on NM to 08.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2025

Date: 08-09-2025
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.
Costs and written submissions on NM are not complied. Time is granted strictly as a last chance.
Adjourned for costs/Compliance by defendant as per Order dtd 14.02.2025 to  27.10.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None for plaintiff.
Adv. Ms.Vidya Vyavhare for defendant/MCGM is present.
Adjourned for compliance to 17/12/2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for costs/Compliance by defendant as per Order dtd 14.02.2025 .to 28.01.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff is absent when call repeatedly.  She is absent since long. It shows, she is not keenly interested to proceed with the NM.
It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 3261/2019 stands dismissed for want of prosecution and finally disposed of.
Adjourned for written statement/cost Compliance to 25.03.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and submitted that she will file WS on next date.
Adjourned for Compliance/WS to 15.06.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and requested time to file written statement. Granted.
Adjourned for written statement to 24.07.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-07-2026

Date: 24-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Ms. Vyavhare for defendant/MCGM is present and seeks time to file written statement. O- Granted.
Adjourned for 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)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and failed to file WS. Hence, no WS order has been passed against the defendant/MCGM. Hence matter adjourned for evidence.
Adjourned for Evidence to 19.09.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2026

Date: 19-09-2026
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.
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: 19-09-2026

NOTICE OF MOTION/103261/2019

Registration Number: 102304/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109039/2019
Filing Date: 14-08-2019
First Hearing Date: 21st August 2019
Decision Date: 19th September 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE