Savita Chagan PatelVsMCGM

Date: 13-09-2019
Business: BY PRECEPIEE
Adv. Mr. Marathe I/b. M/s. Apte and Co. for plaintiff present and tendered draft NM along with affidavit in support. T.O.R.
Leave is granted to register the NM.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Order on Ad-Interim relief
Perused plaint, documents annexed to the plaint, NM and heard both sides. Ld. Adv. for the plaintiff had read over contents of the impugned notice wherein there is no specification/description of alleged unauthorized construction made by the plaintiff. Ld. Adv. for the defendant has pointed out that such description is not at all necessary in the backdrop that the plaintiff has prayed for regularization of alleged unauthorized construction in the plaint and there by admitted existence of unauthorized construction. After going through the impugned notice, it is apparent that the description of unauthorized construction is not given in the notice which will afford opportunity to plaintiff to explain his side before the officer of defendant / MCGM. Therefore, plaintiff is entitled for ad-interim relief in terms of prayer clause (a) till next date. However, this order will not prevent defendant / MCGM from issuing fresh notice by giving proper description of alleged unauthorized construction in the suit premises.
Authenticated copies be given to the both parties.
Adjd to 12.12.2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. A. J. Bhor for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to  07-04-2020 for  N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
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: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: None for plaintiff.
None for defts.
Earlier order, if any, to continue till next date.
Matter adjd to 25/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter adjd to 20/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to tender registered NM till next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 07/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 05/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
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)
None for plaintiff.
None for defendant / MCGM (N-Ward).
Plaintiff is directed to tender original NM along-with affidavit in support thereof till next date.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: None for plaintiff.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: N.O.B., T.O.B. (By deft./MCGM for placing the matter before National Lok-Adalat)
None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present.
As there is a possibility of settlement in the matter, matter is placed before National Lok-Adalat will be held on 13/08/2022.
Issue notice to plaintiff and Adv. for plaintiff to remain present before National Lok-Adalat on 13/08/2022 at 10.30 a.m.
Both parties are directed to remain present before National Lok-Adalat on 13/08/2022 at 10.30 a.m.
Already adjd. to 23/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Plaintiff has not tendered original N/M No. 3666/2019. The plaintiff is directed to tender N/M.
Adjd. to 20/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 24/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
Adjd. to 23/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Plaintiff is directed to tender original N/M till next date.
Adjd. to 15/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None present for plaintiff
Advocate Mhatre  for defendant/BMC present and seeks time to file reply to NM, Time is granted.
Adjd to 29.08.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present and seek time to file reply to NM. Hence time is granted
Adjd to 07.12.2023   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None for plaintiff.
Advocate Mhatre for defendant/BMC present and requested time to file N/M reply. Granted.
Adjd  to 23.04.2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Advocate Suvarna Shinde  for plaintiff present and submitted that she is filing VP but plaintiff has not obtain NOC from earlier Advocate. She further submitted that plaintiff will withdraw the suit on next date. Hence matter adjourned.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to  30.04.2024   for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Plaintiff present tendered application for unconditional withdrawal of suit marked as Exh. 2.
O-Other side to say.
Adv. Suvarna Sham Shinde present.
Advocate Mhatre for defendant/BMC present and has given say on Exh. 2 overleaf.
Heard argument of both sides on Exh. 2.
Order below Exh. 1
  The plaintiff has filed an application below Exh. 2 for permission to withdraw the suit unconditionally. Application signed by the plaintiff and she is identified by  Advocate Suvarna Sham Shinde.  The plaintiff produced on record self attested copy of Aadhar Card. The plaintiff submitted that she is withdrawing suit unconditionally and therefore suit be disposed of. Corporation has given no objection. The plaintiff is withdrawing suit unconditionally. Hence I pass following order.
ORDER
1. Suit is disposed of as withdrawn as per application below Exh. 2.
2.  In view of disposal of suit, pending NM No.3666/2019. is disposed of accordingly.
3. Plaintiff is directed to tender disposed of NM No.3666/2019 within week.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-04-2024

NOTICE OF MOTION/103666/2019

Registration Number: 102368/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109506/2019
Filing Date: 28-08-2019
First Hearing Date: 13th September 2019
Decision Date: 30th April 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE