Date: 26-08-2019
Business: Matter pertains to CR No.8.(In-Charge Court.)
BY PRECIPEE
Adv. Mr. Bommer for Plaintiff present.
Adv. Mr. defendant/BMC absent.
Adv. Of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O- Leave granted to register draft notice of motion.
Heard Ld. Adv. For Plaintiff. Considering the facts and circumstance of case, the defendant corporation is directed to file say.
Matter adjd to 03.09.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: As P.O. is leave today, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: CORAM H.H.J SHRI.A.N. MARE (C.R.NO.11)
(Matter pertains to C.R. No. 8)
BY PRECIPEE
Advocare Yadav h/f. Adv. B.P. Shukla for plaintiff present.
Advocate Khandagale for defendant /MCGM present.
Heard.
Advocate Yadav for plaintiff submits that there urgency in the matter as plaintiff\''s possession on the suit premises is threatened.
Advocate Khandagale for MCGM submitted that the matter was moved on 26.08.2019 and the Court had directed defendant to file reply. He further submitted that defendant Corporation is in possession of premises and is carrying out repairs.
Considering submissions, defendant is directed to f9ile reply on 07.09.2019. the date is per-poned and is schedule on 09.09.2019 for hearing.
The case is adjourned to 07.09.2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Adv. Yadav h/f. Adv. Boomer for plaintiff present.
Adv. Mr.Khandagale for defendant/MCGM present.
Mr. Kiran Patil, Administrative Officer, M/East, MCGM, present.
Plaint.
V.P. of Adv. for plaintiff.
Memorandum of Address.
List of Documents.
Reply to NM Cum Written Statement filed by Adv. for defendant. Copy is served to Adv. for plaintiff.
Compilation of documents filed by Adv. for defendant. Copy is served to Adv. for plaintiff.
Adjd to 09.09.2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Mr. Kiran J. Patil, Estate Officer, M/East ward, MCGM present.
Adjd to 14/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: None for plaintiffs.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adjd to 22-01-2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: NOB TOB (By precipe)
Adv. Asist Singh for plaintiff present and tendered rejoinder.
Copy be served to other side.
Vakalatnama of Adv. Asist Singh for plaintiff (Exh. 7)
Date is preponed to 19-10-2019 upon request of plaintiff. Hence, the same be inform the deft. /MCGM by tomorrow.
Adjd to 19-10-2019 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv. Assit Singh for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Plaintiff, adjournment granted.
Adjd to 23-10-2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Yadav with Adv. Asit Singh for plaintiff present and tendered original registered NM no. 3916/19 along with affidavit in support.
Adv. Mrs. D.D. Patil h/f Adv. Mr. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 05/11/2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Asit singh for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for Plaintiff, adjournment granted.
Adjd to 20-11-2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Mr. Yadav for plff present.
Adv. Khandagle for MCGM/Deft. present.
Court busy in ad-interim hearing matters of this court and C.R. no.11, order on Ch/s in High court time bound suit no.2623/16 and cross-examination in LC suit no.2353/14. Hence, Adjd.
Adjd to 27.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Advocate Mr. Yadav for plaintiff present
Adv. Khandagle for MCGM/Deft. present.
K.B.
L.O. at 3.50 p.m.
Heard both sides in respect of Notice of Motion.
Case is adjourned to 06/12/2019 for Order on Notice of Motion.
Next Purpose: NM ORDERS
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: As court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. Yadav h/f Adv. Asit Singh for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Order on N/M No. 3916/19 -
ORDER
Perused plaint, N/M, documents annexed to the plaint and heard both sides. Ld. Adv. for the plaintiff has submitted that the plaintiffs have started occupation of respective rooms pursuant to different allotment letters issued by defendant/MCGM and they have filed on record electricity receipts/letters to prove their long standing occupation. Ld. Adv. for the defendant/MCGM has filed verification reports of all the allotment letters which clearly show that the said allotment letters are not issued by concerned officers of defendant/MCGM. From this, it is clear case which depicts that the allotment letters produced by plaintiffs are not genuine documents. Ld. Adv. for the plaintiff has vehemently argued that even if it is assumed that the plaintiffs are trespassers then also the defendant/MCGM has to follow due process of law in evicting them. In support of his contentions, he has relied upon judgments of Hon\''ble Appex Court in Ramegauda Vs. M. Vardappa Naidu and Anr.( 2004(1) SCC 769) and Krishna Ram Mahale by his LR\''s Vs. Mrs. Shobha Venkat Rao (Civil Appeal No. 1392 of 1974 decided on 09.08.1989) wherein it is laid down that a person in settled possession, even on the assumption that he had no right to remain on the property, can not be dispossessed by the owner of the property except by recourse to law. After going through both the judgments it can be seen that the above principle was given in the facts of those cases wherein the plaintiff was initially permitted to possess the respective suit premises and subsequently he denied the title of the person granting him such permission. In this case, the plaintiffs have not come up before the Court with the documents showing that they were permitted to occupy the respective rooms. On the contrary the allotment letters relied upon by them are prima facie bogus documents. Since the plaintiffs have not come before the Court with clean hands, they are not entitled for any discretionary relief of injunction. Therefore, N/M is dismissed.
Adjd to 23-03-2020 for WS .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
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: WRITTEN STATEMENT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: due to national lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 19/03/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
On perusal of record, it appears that deft/MCGM had already filed reply to NM cum WS, at Exh.5. Hence now matter is posted for Draft Issues.
Matter adjd to 11/06/2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: H.H.J. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 24/11/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is adjd to 10/01/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 21/02/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
Adjd. To 11/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Draft issues not tendered by both parties. Hence, matter is K.B. for framing issues.
L.O.
As Court is busy in urgent hearing on N/M, this matter is adjourned till next date.
Adjd. to 06/08/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None for plaintiff.
None for defendant/ BMC, M/East ward.
Exh. 8 - Issues are framed.
Adjd. to 23/09/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 16/11/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: None for plaintiff.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 11/01/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 19/04/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Issues are framed on 06th of august but none appeared for the plaintiff. It appears that suit was adjourned repeatedly for plaintiffs evidence but neither plaintiff nor his advocate remains present. Hence adjourned for dismissal of suit.
Adjd. to 28.04.2023 for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO at 1.40 P.M.
The suit is of year 2019 and issues are framed on 06.08.2022. The roznama shows that thereafter matter is repeatedly adjourned of plaintiffs evidence. However plaintiffs did not lead evidence. From the record it appears that since last many dates neither plaintiffs nor their advocates remained present. Therefore on previous date matter was adjourned and kept for dismissal of suit but even today none appeared for the plaintiffs. This show that plaintiffs are not interested to proceed with the suit. Therefore, I have no option but to dismiss the suit, hence following order is passed.
ORDER
Suit no. 2298/2019 is dismissed for default under Order 9 Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED
Disposal Date: 28-04-2023