Ramesh D. VaityVsMCGM

Date: 26-09-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Kudalkar  for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Applicant in C/S No. 70/19 is present.
Adv. for applicant absent in C/S No. 70/19
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 11-02-2020  for  C/S no. 1577/19 Reply by Defendant./MCGM and C/S no. 70/19 Hearing .
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv.Jain h/f adv. Kudalkar for plaintiff present
Adv. A.R.Singh a/w adv.Hajare for defendant/MCGM present.
Adv.S.P.Wakode for applicant in ch/s No.70/19 is present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 27.03.2020 for ch/s 1577/19 reply and defendant ch/s 70/19.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020

Date: 20-04-2020
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: C/S REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plaintiff.
Adv.Mr.Khandagale h/f Adv Hazare for deft/MCGM present.
None for applicant.
On oral request of Adv for deft, time is granted till next date.
Matter adjd to 28.01.2021 for Filling reply to plaintiff\''s C/S no.1577/19 by defendant and for filling reply to applicants C/S no.70/19 by defendant.
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 18/03/2021 for for Filling reply to plaintiff\''s Ch/s no.1577/19 by defendant and for filling reply to applicants Ch/S no.70/19 by defendant.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present.
Adv. S. P. Wakole for applicant present.
Earlier order, if any, to continue till next date.
Matter adjd to 08/06/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to Covid - 19.
Next Purpose: C/S REPLY
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
None for applicant in Ch/s No.70/2019.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for filing reply to plaintiff\''s Ch/s No.1577/19 by defendant and for filing reply to applicants Ch/s No.70/19 by defendant.
Next Purpose: C/S REPLY
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Jain h/f Adv Kudalkar for palintiff present.
Adv Smita Chavan for defendant / MCGM present.
None for applicant in Ch/s No.70/2019. Hence, Ch/s No.70/2019 is kept for dismissal order.
Adv Smita Chavan for defendant / MCGM present and seeks time to file reply to Ch/s No.1577/2019.
Earlier order, if any, to continue till next date.
Adjd. To 07/10/2021 for reply on Ch/s NO.1577/2019 by defendant / MCGM and dismissal order on Ch/s No.70/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present and seeks time to file reply to Ch/s No.1577/2019.
Applicant in Ch/s No.70/2019 is absent, matter is already kept for dismissal order on Ch/s No.70/2019. It shows that applicant is not interested to proceed with his Ch/s. Hence, Ch/s No.70/2019 is dismissed for want of prosecution.
Earlier order, if any, to continue till next date.
Adjd. To 09/12/2021 for reply to Ch/s No.1577/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present.
Adv. Chavan for Defendant/MCGM present and and requests for time to file reply to Ch/s. No. 1577/19.Time is granted till next date.
Matter is adjd to 10/02/2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 01/03/2022 for reply to Ch/s No.1577/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Gayatri Kumar h/f Adv. Kudalkar for plaintiff present.
Adv. Rawade h/f Adv. Chavan for defendant /MCGM present and request for time to file reply to chamber summons.
Matter is adjd to 05/04/2022 for chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 05/05/2022 for reply to Ch/s No.1577/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None for plaintiff.
Adv Mrs Smita Chavan for defendant / MCGM present and filed reply to ch/s no.1577/2019. TOR. Copy be served to other side.
Adjd. To 07/06/2022 for hearing on Ch/s No.1577/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
MCGM Counsel Adv. A. R. Singh with Adv. Mrs. Chavan for defendant/ MCGM is present.
K.B.
L.O.
Adv. Kudalkar for plaintiff present and request for filing rejonder in C/S, if any. Time is granted till next date.
Adjd. to 16/06/2022 for filing rejoinder of plaintiff on C/S and C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
(Matter pertains to C.R. No. 4)
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Chavan for defendant/ MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 28/06/2022 for filing rejoinder of plaintiff on C/S and C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Kudalkar for plaintiff present and tendered rejoinder in Ch/S No. 1577/2019, TOR. Copy is supplied to other side.
Counsel Adv. Singh with Adv. Mrs. Rawade h/f Adv. Chavan for defendant/ MCGM is present.
Adv. for plaintiff is requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present and requested time to argue on Ch/S. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 21/07/2022 at 01.00 p.m. for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None for plaintiff.
Counsel Adv. R. K. Singh with Adv. Mrs. Chavan for defendant/ MCGM is present.
Adjd. to 08/08/2022 at 01.00 p.m. for Ch/S hrg.
L.O. at 01.50 p.m.
Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Already adjd. to 08/08/2022 at 01.00 p.m. for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None for plaintiff.
Counsel Adv. R. K. Singh for defendant/ BMC is present.
Adjd. to 29/08/2022 for Ch/S dismissal order.
L.O. 03.10 p.m.
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 29/08/2022 for Ch/S dismissal order.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
None for defendant/ MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 21/09/2022 for Ch/S dismissal order.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar h/f Mrs. Chavan for defendant/ BMC is present.
K.B.
L.O.
Same appearance
Though Adv. for plaintiff is ready to argue on Ch/S, due to paucity of time matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 11/10/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present requested time to argue on Ch/S. Time is granted till next date.
Counsel Adv. Singh with Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14/11/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Adv. Kudalkar for plaintiff present.
Counsel Adv. A. R. Singh with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/222 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
BMC counsel is absent.
Earlier order, if any, to continue till next date.
Adjd. to 14/02/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv. Kudalkar for plaintiff present.
Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant/ BMC is present and submitted that BMC counsel is unable to attend the Court today. Hence, requested time. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 16/03/2023 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv. Kudalkar for plaintiff present.
Counsel Adv. A.R. Singh with Adv.  Mhatre for defendant/ BMC is present.
Counsel advocate submitted that he is suffering from throat infection. Hence, request for time. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 11/04/2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv. Pathak h.f Adv. Kudalkar for plaintiff present.
Adv. Ms. Mhatre for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 13.06.2023 for C/S. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Matter pertains to C.R. No.04.
Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Adv. Siddhi Vadke h/f Counsel Adv. A.R. Singh with Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 20.07.2023 for NM  Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate Kudalkar  for plaintiff present.
Adv. Siddhi Wadke h/f Counsel R.K. Singh a/w Advocate Mhatre  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Counsel Adv for Corporation is seeks time to argue ch/s, Time is granted.
Earlier order,  if any, to continue till next date.
Adjd  to 24.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and requested to keep back the matter. Hence kept back
Advocate Mhatre for defendant/BMC present.
L.O.
Adv. Pathak h/f Kudalkar for plaintiff present.
As court is busy in dictating urgent NM order. Due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Adjd to  03.10.2023 for   Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv. Kudalkar for plaintiff present
Counsel Adv. A.R. Singh a/w Advocate Mhatre for defendant/BMC present and submitted that he has not received copy of Map (Exh. C) annexed to the ch/s.
Adv for plaintiff submitted that he will provide copy on next date.
NM No. 3356/2013 has been taken out under order 39 Rule 2A of CPC for breach of the order dated 12.09.2013 passed by the Court in NM for temporary injunction under order 39 Rule 1 Civil procedure Code. Hon’ble Bombay High Court in matter Rampyaribai. Sukhdeo Dagha V/s Neeladevi Narayandas Jakhotiya and others held that an application under order 39 Rule 2 A of civil Procedure Code should be separately registered as miscellaneous application. Therefore office is directed to register contempt petition as miscellaneous application.
Adv for deft/BMC seeks time to file reply to NM No. 3265/13.  Time is granted as a last chance as NM is of Year 2013
Earlier order, if any, to continue till next date.
Adjd  to 03.11.2023 for Supplying copy of Exh. C and argument on Ch/s
Next Purpose: C/S  HEARING
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Board is discharged as court is busy in dictating judgment, Ad-interim order and urgent matter, due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 12.12.2023 for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv. Pathak h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Later on
Adv Kudalkar for plaintiff present.
Heard argument of Adv for plaintiff on ch/s No. 1577/19
Adv for deft/BMC submitted that Counsel A. R. Singh will argue the same. Hence requested time. Granted
Adjd.to 14.12.2023 for ch/s Hearing by deft/BMC
Next Purpose: C/S  HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Mr. Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present.
K.B.
L.O.
at 04:00 p.m.
Counsel Mr. A. R. Singh for BMC present
Heard arguments on C/S. No.1577/2019
Adjd. to 22/12/2023 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: Adv. Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
As court is busy in ad-interim matter, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  02.01.2024   for ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: Matter pertains to C. R. No. 4
Advocate Darshan Jain h/f Kudalkar for plaintiff present.
Adv. Siddhi Wadke h/f Counsel Adv. A. R. Singh a/w Adv Mhatre for defendant BMC present.
Earlier order, if any, to continue till next date.
Adjd  to   11.01.2024  for   Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Advocate Kudalkar for plaintiff present.
Counsel Adv. A. R. Singh a/w Advocate Mhatre for defendant/BMC present.
Following order is passed on Ch/S No. 1577/2019
O R D E R
1.     The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for amendment in the plaint. ch/s is supported by affidavit, it is contended that the structure is in existence since long back and father of the plaintiff has appointed G. G. Bhide as Engineer Architect for the purpose of existing structure and Architect has submitted plan of proposed repairs of the building. However this documents remains annexed to the plaint as suit was filed hurriedly. By way of proposed amendment the plaintiff is seeking permission to incorporate contention in respect of repairs permission of the existing structure and plan or plan submits for repairs and permission for repairs.

2.    Adv. Counsel for defendant/corporation opposed Chambers summons stating that ch/s is illegal and bad in law and not maintainable. It is further contended that the proposed amendment is not relevant necessary for decision of the suit. It is further submitted that plaintiff has challenged notice u/s 354 - A of MMC Act and therefore the documents relating to earlier repairs permission are not relevant. The plaintiff is misleading the Court and prolonging the prior of the suit and enjoying the ad-interim protection. On this ground defendant prayed for dismissal of ch/s.
3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.     The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff  that the structure is in existence since long back and father of the plaintiff has appointed  Shri. G. G. Bhide as Engineer Architect for the purpose of existing structure and Architect has submitted plan of proposed repairs of the building. The plaintiff has challenged notice u/s 354 - A of MMC Act. It contention of suit that the existence of structure this documents are relevant.
5.  It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the proposed amendment is necessary for complete and effective adjudication of the controversy involved in the suit and the nature of the Suit is not likely to be changed as result of the amendment. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
6.           In this case the Suit is at pretrial stage. By way of proposed amendment plaintiff is seeking permission to incorporate pleading in respect of permission of repairs and submission of plan for repaires. It appears that the proposed amendment is just and necessary for effective and complete adjudication of the dispute. The nature of Suit is not likely to be changed if the proposed amendment is allowed and no prejudice or injustice would cause to other side. The corporation opposed ch/s on ground that plaintiff producing documents at belated stage. However the ch/s for amendment can not be rejected on ground of delay. In the circumstance Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1.   Chamber Summons is made absolute in terms of prayer clause (a) and (b)
2. Plaintiff to carry out necessary amendment within week.
3. Copy of amended plaint be served upon other side.
4. Ch/S  stands disposed of accordingly.
Earlier order, if any, to continue till next date.
Adjd to   18.01.2024   for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 11-01-2024

Main Case No: SUIT/0104504/2013
Main Cnr: MHCC010066692013
Main Filing No: 111447

Registration Number: 101577/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109480/2019
Filing Date: 28-08-2019
First Hearing Date: 26th September 2019
Decision Date: 11th January 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE