Date: 20-08-2019
Business: Advocate B.P.Shukla for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms.Mhatre for defendant/MCGM present.
Heard. Perused the documents.
The suit is seeking injunction against defendant not to take action against the suit premises i.e. two rooms and a shed as described in plaint paragraph 1. The plaintiff has produced photographs at page 29 and 30 of the plaint revealing existence of one hall, one party hall and a shed. Thus existence of two rooms and shed as described in the plaint is revealed. Even the permissions for repairs filed by the plaintiff revealed that three structures are existing.
Advocate for defendant submitted that the officer has not given instructions in this matter. She sought time to seek instructions. Time is granted. The Notice of Motion is seeking injunction not to demolish suit premises without following due process of law. Considering circumstances, I pass following order -
ORDER
1. Ad-interim relief is granted in terms of prayer clause (a).
2. Leave is granted to register Notice of Motion.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 29.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: As Court is busy in hearing ad-interim matters in ST No. 9431/19, Suit no. 2363/19 and also in hearing NM in Suit no. 598/16, 850/13 and ch/s hearing in suit no.825/18. The Court is also busy in dictating orders in suit no. 2363/19. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 10.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Advocate K.K.Shukla h/f adv. B.P.Shukla for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 07.01.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mr. Yadav h/f adv. Mr. Shukla for Plaintiff, tendered registered NM no.3208/19.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for NM reply on 17.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv. Mr. B.P. Shukla for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 16.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Due to Covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Mr. B. P. Shukla for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 26.04.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Yadav for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 15.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Yadav for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 05.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Mr. B.P. Shukla for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 02.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Mr. J.S. Yadav for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 08.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 26.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 31.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Sunita Dubey for the plaintiff is present.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply no WS Order to 02.01.2023.
Next Purpose: ORDER
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Mr. Shailesh Pal h/f Adv. Shukla for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 27.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Advocate Mrs. Sunita Dubey present for plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 10.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Matter pertains to C. R. No. 11
Adv. Yadav present for plaintiff.
Adv. Mr. Giri for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM for Hearing to 19.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Heard both the sides in NM 3208/19.
Earlier order, if any, to continue till next date.
Adjourned for NM order (No reply no WS) to 03.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Following Order is passed on NM No. 3208/2019.
-: O R D E R :-
Considering the rival submissions, at the outset, it is worth to be noted that supporting his claim, the plaintiff relied upon documents viz. assessment bill, Shop and Establishment Certificate, electricity bills, permission for repairs and photographs of the suit premises, to prove its existence. He further submitted that the defendant did not follow principles of law and threatened to demolish the same, without issuing any notice. Whereas, the defendant did not contest the suit and the NM as well. As such, there is nothing on record to rebut the plaintiff’s contentions on oath. In the circumstances, I am on the opinion that till the defendant follows the due process of law the suit premises needs to be protected. Hence, NM No. 3208/2019 is disposed of, restraining the defendant to take any coercive steps against the suit premises except by following due process of law.
Adjourned for RE (No WS) (LN) to 18.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Adv. Mr. J.S. Yadav for the plaintiff is present and submitted that in view of the NM Order, the suit may be referred to lok-adalat for recording possible settlement.
Adv. Mr. G.O. Giri for defendant/MCGM is present and submitted to ensure presence of concerned Officer before the panel.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat RE (No WS) to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Adv. Ms. Sunita Dubey for the plaintiff is present and informed that the plaintiff is not present.
Adv. Mr. Giri for defendant/BMC present.
Mr. Dilip Vasudev Jadhav, JE is present.
Matter is adjd for RE (No WS) to 18.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and requested time to lead evidence. Sufficient time is already granted. Hence, it is adjourned lastly. In default, the suit would stand dismissed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE /dismissal to 04.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present and requested time to lead evidence. Time is granted lastly.
Adv. Mr. Giri for defendant/MCGM is present.
Adjourned for RE (PH)/dismissal to 19.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present and sought time to lead evidence. Time is granted strictly as last chance.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (PH)/dismissal to 06.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Adv. Mr. Sagar Chaurasiya h/f Adv. B.P. Shukla for the plaintiff is present and sought time to proceed with the matter. Sufficient time is already granted. Hence, this request is discarded.
None present for the defendants.
Adjourned for dismissal to 28.06.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: Adv. Ms. Sunita Dubey for the plaintiff is present. She sought time to proceed with the matter, as the plaintiff is not well. Sufficient time is already granted. Still, considering her request, the matter is adjourned shortly, subject to costs of Rs. 3,000/- (Rs. Three thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders to follow.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Adjourned for costs compliance/dismissal to 03.08.2024.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: None present for the plaintiff to comply with the Order of costs.
Adv. Mr. V.G. Shinde h/f Adv. Mr. Arvind Rathod for defendant/ MCGM is present.
Adjourned for dismissal to 21.09.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: Adv. Mrs. Sunita Dubey for the plaintiff is present. She submitted that the plaintiff is not in contact to comply with the Order of costs and to proceed with the matter. Adv. Mr. S.R. Yadav for defendant/MCGM is present.
Order below Exhibit No. 01
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. More so, his advocate has no instructions in this matter. Nor, any stay order is communicated on record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents 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 IN DEFAULT
Disposal Date: 21-09-2024