Pradeep Hariram OberoiVsMCGM

Date: 20-08-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Parshurame  for defendant/MCGM present and filed list of document. TOR and marked as Exh. 2.
Perused. Heard.
Advocate for plaintiff submitted that there is no construction going on.  According to him only the roof was replaced. He submitted that at the cost of the plaintiff the Court Commissioner may be appointed to know the exact position as on today.
   Advocate for defendant submitted that the construction is still going on. He tried to submit certain photographs on record however nothing is visible therein.
  Considering that a notice issued u/s 354A is under challenge and the prime question to be gone into will be whether the construction as alleged is going on.  In such circumstances, the appointment of commissioner is warranted. Hence the order-
                                          ORDER
1. The Registrar of this Court is directed to appoint a responsible officer of this Court as Court Commissioner to visit the suit premises and to submit the report about the present status of the suit premises.
2. The Commissioner is allowed to take the photographs of the suit premises with the help of the photographer.
3. The plaintiff shall co-operate the Court Commissioner failing which necessary inference will be drawn by the Court.
4. Plaintiff to bear the costs of Court Commissioner tentatively quantified at Rs. 5000/-.
5. The parties to suit shall maintain status quo in respect of the suit premises as on today.
6. Leave is granted to register Notice of Motion.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 22.08.2019  for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Parshurame for defendant/MCGM present and filed reply cum Written Statement and list of documents. TOR and marked as Exh. 3 and 4 respectively.
Exh. 3- Reply cum Written Statement
Exh. 4- List of documents
Letter dated 22.08.2019 is submitted by the Court Commissioner seeking extension of four days to submit the report. TOR and marked as Exh. 5.
Considering the reasons in letter Exh. 5, time is granted for submission of Commissioner\''s Report. Office to inform the Commissioner accordingly.
Leave is extended to register Notice of Motion. It be registered before next date.
Earlier order to continue till next date.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 28.08.2019 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed original Notice of Motion No.3245/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Shriya Aamin h/f adv. Parshurame for defendant/MCGM present.
Received Commissioner Report. TOR and marked as
Exh. 6.
Copy of commissioner report is served to advocate for plaintiff and defendant.
KB
LO at 3.50 pm,
Advocate Mohit Jadhav for plaintiff present
Adv. Parshurame for defendant/MCGM present.
Advocate for defendant submitted that he will tender additional documents on record. He seeks time. Time is granted.
The advocate for plaintiff as well as defendant consented for hearing of the motion finally.
Earlier order to continue till next date.
The case is adjourned to 30.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Advocate Mohit Jadhav for plaintiff present
Advocate Parshurame for defendant/MCGM present and filed additional list of documents. TOR and marked as Exh. 7.
Earlier order to continue till next date.
The case is adjourned to 05.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed rejoinder. TOR.
Advocate Parshurame for defendant/MCGM present.
Heard advocates for both parties.
Earlier order to continue till next date.
The case is adjourned to 11.09.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Mr. Giri h/f adv. Parshurame for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 19.09.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Advocate Megha Shigwan h/f adv. Mohit Jadhav for plaintiff present.
Advocate Parshurame for defendant/MCGM present.
Papers received from Decree department today morning.
Earlier order to continue till next date.
The case is adjourned to 23.09.2019  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Advocate Kajal Chaurasiya h/f adv. Mohit Jadhav for plaintiff present.
Advocate Parshurame for defendant/MCGM present.
F.R.S.R. following order is passed in Notice of Motion No. 3245/19 -
                               ORDER
Notice of Motion No.3245/19 is dismissed with costs.
Advocate for plaintiff filed application seeking extension of ad-interim injunction. TOR and marked as Exh. 8.
O-Otherside to say.
Say filed by advocate for BMC on overleaf the application.
Perused. Heard.
Advocate for plaintiff submitted that the NM is dismissed today however, till today the status-quo was granted by the Court. He requested to extend it for eight weeks as plaintiff intends to prefer and appeal from order before the Hon\''ble High Court. According to him if the status-quo is not extended, defendant will demolish the suit premises causing irreparable loss to the plaintiff.
   On the other hand, advocate for defendant opposed such request by the plaintiff on the ground that, the motion is already dismissed on merits and if now, the status-quo is extended, then in effect it will amount to  stay the implementation and execution of impugned notice and order.
     Having heard the advocates for the parties to the suit and considering the circumstances, to my mind the status-quo can be extended by a week to afford an opportunity to the plaintiff to approach the Hon\''ble High Court in appeal and further to see that the situation would not be irreversible by the time plaintiff prefers an appeal. Hence the order-
                                         ORDER
1. Application Exh. 8 is partly allowed.
2. Parties are directed to maintain status quo for a period of one week from today
3. Costs in cause.
The case is adjourned to 07.12.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: By precipee
Adv. Mr. P.P. More for applicant present.
Adv. for defendant/MCGM present.
In view of precipee and urgency placed by Adv. Mr. More, next date is preponed to 27.11.2019.
Matter is adjd.for  on 27.11.2019.
Next Purpose: FOR___________________
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv. Ms. Chaurasia for Plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present.
Adv. Ms. Madhuri Shinde h/f adv. Prashant More for applicant Rolax Mettal present, submitted service affidavit, in view of postal endorsement ch/s is unclaimed by plff.
Adv. Ms. Shinde undertake to supply fresh copy be served for defendant.
Matter is adjd.for  on 07.12.2019.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: By precipe.
Adv. Vinod Singh h/f adv. Parshuram for defendant submitted application Exh. 09, advocate singh undertake to supply the copy to plaintiff.
Adv. Chavan for defendant no.2 present.
Case is already adjourned to 07/12/2019 for reply on Exh.09.
Next Purpose: REPLY
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: None for plaintiff present.
Adv. Ms. Chavhan for deft./MCGM present.
Adv. Mr. Vinod Singh h/f adv. Parshurame for BMC counsel present, submits that copy of Exh.9 is served on plff.  Plff is absent, failed to file reply.  Hence, Exh.9 to proceed no reply.
Adv. Mr. D\''Silva for applicant, supplied copy of Ch/s no.1856/19 to deft.
Matter is adjd. for reply on Ch/s and hearing on Exh.9
on 18.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Mohit Jadhav for plaintiff, endorsed reply on Exh.9.
Adv. Parshurame for BMC.
Adv. Dissilva for applicant, served the copy of C/S no. 1856/19 to plaintiff and defendant.
Matter is adjd. for  to 06.02.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Mr. Mohit Jadhav for Plaintiff present.
Adv. Mr. Parshurame for deft./MCGM, submits that application Exh.9 is pending for hearing.
Adv. Mr. Prashant More for applicant present.
At the request of both side, adjournment is granted.
Matter is adjd.for ch/s reply on 04.03.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre h/f Ms. Tondwalkar for deft./MCGM present.
Adv. Ms. Chindarkar h/f  Adv. Prashan More for applicant in ch/s is present.
Matter is adjourned for reply to ch/s 20.03.21.
                                                                               Judge
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv. Kajal Chourasiya for plaintiff present.
Adv. Tondvalkar for deft./MCGM present.
None present for applicant.
Matter is adjourned for C/s reply to 22/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Mr. Mohit Jadhav for plaintiff present and requested short time to file reply to ch/s.
Adv. Mr. Parshurami a/w Ms. Mhatre for deft./MCGM present.
Adv. Mr. Prashant More for applicant is present.
Matter is adjourned for ch/s reply to 01.04.21.
                                                                               Judge
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for ch/s reply to 19.06.21.
                                                                               Judge
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is vacant. Hence, matter is adj.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present for Plaintiff.
Adv. Mr. Parshurami for Defendant/MCGM present.
Matter adjd for Ch/s. Reply to 07/01/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale a/w Adv Parshurame for defendant/MCGM is present.
Adjourned for Ch/s reply by the plaintiff to 16/02/2022..
Next Purpose: C/S REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for Ch/s reply by the plaintiff to 23.03.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present for plaintiff.
Adv. Ms. Apurva Thakare h/f Adv. Parshurami defendant/MCGM is present and endorsed say on Ch/s No. 1856/19.
The plaintiff is absent to file say on Ch/s NO. 1856/19. Hence, the Ch/s is proceeded without reply of the plaintiff.
Adjourned for Ch/s hearing to 16.04.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: PO is on training.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: None present for plaintiff.
None present for applicant.
Adv. Ms. Gargi Maideo for defendant/MCGM is present. She is heard on Ch/s NO. 1856/2019. To avoid further delay, Ch/s is posted for order.
Adjourned for Ch/s Order to 21.07.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present for the plaintiff.
None present for the applicant.
Adv. Mr. Akash h/f Adv. Prashurami for defendant/MCGM is present.
The Court is busy recording evidence in SU Nos. 4881/2010 and 1639/2014 and hearing on NM No. 1018/2015.
Adjourned for Ch/s Order to 06.08.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Steno is on half day leave. The Court is busy in recording evidence in SU Nos. 1059/2012 and 469/2014.
Adjourned for Ch/s Order to 23.08.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None present for the plaintiff
Adv. Mr. Parshurami for defendant/MCGM is present.
The Court is busy recording evidence in SU Nos. 4106/2010 and 4253/2008, hearing on NM No. 816/2013 and recording statement U/sec. 313 CR.P.C. in SC No. 241/2022.
Adjourned for Ch/s Order to 15.09.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None present for the plaintiff.
Adv. Roma Naik h/f Adv. Parshurami for defendant/MCGM is present.
KB LO at 05:15 pm.
Order below Ch/s No. 1856/2019:
     Perused the Ch/s. and accompanying affidavit of the applicant. The plaintiff is absent to contest this Ch/s. It seems that the applicant is the owner of the suit property and on his complaint, as regards the unauthorized construction allegedly carried by the plaintiff, the defendant issued the suit notice. Needless to say that his interest is involved in the suit property. Certainly, no relief is claimed against the plaintiff and therefore, he is not the necessary party to the suit. Still, considering the fact that he is the owner and on his grievance, the action is initiated by the defendant, I am the opinion that he is \''the proper party\'' to the suit, under Order 1 Rule 10 of the C.P.C., 1908, and his presence would facilitate effective adjudication of the suit issues. Hence, the Order:
ORDER
(i).     Chamber Summons No. 1856/2019 is made absolute in
          terms of prayer clause (a) only. The plaintiff is directed to
          carry out the necessary amendment in the plaint within two
          weeks from the passing of this Order and to serve this
          applicant with the pleadings of the matter simultaneously.
(ii).    Chamber Summons No. 1856/2019 is accordingly disposed
          of.
Adjourned for compliance to 29.09.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None present for the plaintiff for compliance.
Adv. Parshurami a/w Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for compliance to 01.11.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for dismissal Order to 10.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Akash Singh h/f Adv. Parshurami for defendant/MCGM is present and orally requested for keeping back the matter. In view of today\''s board, this request is discarded.
Adjourned for dismissal Order to 02.02.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Ms. Neha Nagda  h/f Adv. Parshurami defendant/MCGM is present.
Adjourned for dismissal Order to 18.03.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Even today, none present for the plaintiff to proceed with the suit. Hence, the matter is kept back.
Adv. Ms. Mitali Nibue  h/f Adv. Parshurami for defendant/MCGM is present.
KB LO at 1:45 pm.
None present for the plaintiff.
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. Even today, he is absent and hence, the matter was kept back, as one another opportunity to turn-up and proceed with the same, but in vain. Nor, any stay order is communicated on this record. The record shows that he is absent even to comply with the Order of Ch/s No. 1856/2019, dtd. 15.09.2022. It is, thus, clear that he is least worried to proceed with the suit. In the result, the suit is dismissed for want of his prosecution. All the pending applications are filed. Both the parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-03-2023

NOTICE OF MOTION/103245/2019
CHAMBER SUMMONS/101856/2019

Filing Number: 109121/2019
Filing Date: 19-08-2019
First Hearing Date: 20th August 2019
Decision Date: 18th March 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE