John DMelloVsMCGM

Date: 23-08-2019
Business: Advocate V.T. Dubey for plaintiff present.
Advocate Giri  for defendant/MCGM present and filed original Notice of Motion No.3142/19 along with affidavit in support of Notice of Motion. T.O.R.
Earlier order to continue till next date.
The case is adjourned to 30.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: As Court is busy in hearing Chamber Summons in suit no. 3003/15, in hearing NM in SU no. 1704/18 and in hearing NM in suit no. 2057/19 and in dictating order in SU no. 2057/19 also in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 07.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff present.
Advocate Manish Kanade for plaintiff present and filed pursis for withdrawal of suit. TOR and marked as Exh. 9. He also filed reply to contempt NM. TOR.
Advocate Ms. Mhatre for defendant/MCGM present.
The plaintiff Mr. John D\''mello is present in person and is identified by advocate Mr. Kanade. Mr. D\''mello submitted that he intends to withdraw the suit and so has filed pursis Exh. 9.
In view of this I pass following order -
ORDER
1. The suit is dismissed for want of prosecution as withdrawn.
2. The Notice of Motion no.2760/15 is disposed of.
3. The contempt Notice of Motion No. 3142/19 shall remain pending.
4. All ad-interim and interim orders are vacated.
5. No order as to costs.
The case is adjourned for hearing on contempt Notice of Motion No. 3142/19.
The case is adjourned to 20.12.2019 for Contempt NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Plaintiff and advocate are absent.
Adv. Mrs. Tondwalkar  for deft./MCGM prayed for adjd. to file reply on n.m.
Matter is adjd. 14/02/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020

Date: 14-02-2020

Date: 13-03-2020
Business: Adv.Mr. Manish Kanade  for plaintiff present.
Adv.Mrs.Mhatre for deft./MCGM,prayed for adjd.
Matter is adjd.for hearing on contempt NM No. 3142/19 on 03.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-05-2020

Date: 23-05-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Manish Kanhan for plaintiff present.
Adv. Mhatre for deft./MCGM present and requested shot time to file evidence affidavit.
Matter is adjourned for N/M hearing to 12.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Due to Covid-19, as per officer order no. 78/2021 dated 09.04.2021, on Monday 12.04.2021 declared as holiday, hence, matter is adjourned to 12.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2021

Date: 10-07-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Mr. Manish Kanade for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested time for NM hearing. Granted as a last chance.
Adjourned for NM hearing to 31.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Mr. Manish Kanade for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to verify the status of notice structure and requirement to the lead evidence in support of contempt NM. Granted.
Adjourned for report/evidence on contempt NM to 21.02.2022.
Next Purpose: REPORT
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv. Mr. Manish Kanade for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to lead evidence on contempt NM. Sufficient time is already granted. Hence, his request for further time is discarded. The matter is posted for dismissal of contempt motion.
At this stage, he submitted for posting the case on NM hearing rather for dismissal.
Adjourned for NM hearing to 11.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: PO is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv. Mr. Manish Kanade for the plaintiff present and filed application for demolish of the structure. TOR. It is marked as Exh.10. Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present and filed examination in chief on affidavit. TOR. It is marked as Exh.11. Copy supplied to other side. He requested for time to file documents. Mr. Jogdande Sumeet Uttamrao J.E., present.
Adjourned for say on Exh.10/ filing documents and R/E to 29-07-2022 in first session.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Mr. Manish Kanade for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and filed list of documents in NM No. 3142/2019. Copy is supplied to the other side. He orally requested for time to file say on exhibit 10. Time is granted.
Adjourned for R/E/Say on exhibit 10 to 12.09.2022 (1st session).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Mr. Manish Kanade for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file say on the application exhibit No. 10. Time is granted strictly as a last chance.
Adjourned for R/E/Say on exhibit No. 10 (1st session) to 07.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Manish Kande for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file say on exhibit10. He also requested for time to file Certified copies of documents in support of evidence. Sufficient time is already granted. Hence, his requests are discarded. The application exhibit 10 is proceeded without say of defendant and the matter is posted for dismissal of NM.
Adjourned for NM dismissal/hearing on exhibit 10 to 21.11.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv. Mr. Manish Kanade for the plaintiff is present and filed the application for issuance of notice. TOR. It is marked at Exh. 12.
O- Other side to say. Copy is supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for say on Exh. 12/NM dismissal/hearing exhibit 10 to 11.01.2023.
Next Purpose: REPLY
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Mr. Manish Kanade for the plaintiff is present.
Adv. Mr. Malvankar for defendant/MCGM is present and requested for time to proceed with the matter, as he appeared today only. Granted strictly as a last chance.
Adjourned for reply on exhibit 12/hearing exhibit 10/NM dismissal to 06.02.2023.
Next Purpose: REPLY
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: PO is on leave
Next Purpose: REPLY
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: PO is on leave
Next Purpose: REPLY
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Adv. Mr. Manish Kanade for the plaintiff is present.
Adv. Mr. Malvankar for defendant/MCGM is present and endorsed say on exhibit 12. Heard both the sides on the applications filed at exhibit 10 and 12.
KB LO at 03:45 pm.
The appearance is as above.
Common Order below applications Exhibit 10 and 12:
     Heard both sides. Considering their submissions, at the outset, it is notable that the original matter - LC SU No.1556/2015 is already disposed of and as of now, Contempt NM No.3142/2019 is pending for consideration. By this NM, taken out by the original defendant, it is alleged by the plaintiff committed a willful breach of the Order dtd. 20.07.2015 and hence, he is to be punished. During pendency of this NM, the original plaintiff filed these applications vide exhibit 10 and 12 respectively for demolition of the structure and to issue notice to the Assit. Municipal Commissioner, \''L\'' Ward, Kurla West, for not demolishing the structure till date. Certainly, when the said contempt NM is pending, the present applications can not be taken into account. Needless to say that no such directions for demolition can be given by this Court, as it is the matter of reasoned discretion of the concerned authority of the defendant, as laid in the matter of Abdul Rehman Siddique V. Ahmed Mia Gulam Mohuddin Ahmedji, 1996(2) Mh.L.J. 1042. Rather, passing of any Order for demolition may create the situation of chaos. As such, there is no substance in the present applications and hence the same need to be dismissed as per the following Order:
-: O R D E R :-
(i).     The applications Exhibit Nos. 10 and 12 stand dismissed.
Adjourned for NM dismissal to 21.04.2023..
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Adv. Mr. Mahesh Kanade for the plaintiff is present.
Adv. Mr. Malvankar for defendant/MCGM is present.
The Court is busy in other urgent matters.
Adjourned for Dismissal order to 14.06.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Adv. Mr. Kanade for the plaintiff is present.
Adv. Mr. Malvankar for defendant/MCGM is present. He submitted that the suit is already disposed of and the Contempt NM No. 3142/2019 is pending for dismissal and as I defendant could not lead his evidence. It seems that even today, the defendant is not ready to proceed with the contempt NM. Hence, Contempt NM
No. 3142/19 is dismissed in default. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-06-2023

Main Case No: SUIT/0101556/2015
Main Cnr: MHCC010067302015
Main Filing No: 111447

Filing Number: 109150/2019
Filing Date: 19-08-2019
First Hearing Date: 23rd August 2019
Decision Date: 14th June 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE