Date: 11-03-2020
Business: Advocate for Plaintiff present.
H/d Advocate Kumawat for defendant/BMC present.
The reply cum written statement of def/BMC is already on record. Therefore matter to proceed ahead.
Adjourned for Draft Issues to 24/06/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: COVID-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: CORAM H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
None for plaintiff.
Advocate for deft/BMC present.
Adjourned for Draft Issues to 24-02-2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for draft issues to 14/06/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Due to covid-19 matter is adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Date: 26-08-2021
Date: 14-10-2021
Business: Presiding officer is on leave, hence matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None present for plaintiff.
Adv. vidya present for MCGM/defendant.
Matter adjourned for framing issue to. 10/02/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: As presiding officer is on leave.Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: As presiding officer is leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: As court is busy in order dictating and urgent hearing in HCTM matters. Hence, for want of time board discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd to 05.08.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
The P.O. is busy in dictating judgment in Suit No. 3098/08. Hence, matter adjourned.
Matter is adjd to 07.12.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd to 17.02.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Mrs. Rawade for def./BMC present.
Matter is adjd to 04/04/2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Exh. 6 - Issues are framed.
Matter is adjd to 18.04.2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
The Ld. Adv. for the plaintiff seeks adjournment on the ground that the plaintiff has to move to the Honble High Court for taking necessary steps by way of interim relief in view of the earlier orders passed by the Honble High Court. However, considering the order dtd. 17.10.2023, matter is time bound as per the directions of the Honble High Court. Hence, short adjournment granted with directions to the plaintiff to file evidence and compilation on next date.
Matter is adjd to 26.04.2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
Ld. Adv. for plaintiff has tendered an application for adjournment. Taken on record and marked at Exh. 7
Order on Exh. 7
It is submitted that after passing the order dtd. 17.10.2023 in A. O. No. 830/22, the plaintiff again took out I.A. No. 1160/24 and by consent, the said matter adjourned to 14.06.2024. It is submitted that there is likelihood that the matter may be settled on the date fixed for. Hence, considering these circumstances, adjournment granted with directions to the plaintiff to file evidence on record without on next date, if matter is not settled.
Matter is adjd to 18.06.2024 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
Ld. Adv. For plaintiff has tendered draft Ch/s along with affidavit in support. TOR. O- Leave granted to register the draft Ch/s. Copy served to other side. Say filed by Ld. Adv. for MCGM on overleaf of the draft Ch/s. Taken on record.
Order on draft Chamber summons
Considering the submissions of both sides, it reveals that the plaintiff wants to incorporate the area of the suit premises 203.51 sq. mtrs in the place of gala no. 19/63, 16/22 in para 2 and further wants to incorporate the area of the suit premises 203.51 sq. mtr in the place of gala no. 19/63, 16/22 in the prayer clause (d) on the ground that the same is wrongly mentioned due to typographical error. On the other hand, Ch/s is strongly opposed by the Ld. Adv. for defendant/MCGM on the ground that the plaintiff was already aware about these facts. Thus, having regard to the submissions of both sides, in my view, nature of amendment is formal and necessary and the matter is at a primary stage. Hence, Ch/s deserves to be allowed. In the result following order is passed -
ORDER
1. Draft chamber summons is allowed.
2. The plaintiff is directed to comply the order on today itself, as the matter is time bound as per the directions of the Honble High Court.
3. The plaintiff is further directed to get the draft Chamber summons registered and put up the same on record for statistical purpose only.
Matter is adjd to 25.06.2024 for compliance/evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Ld. Adv. For plaintiff has filed affidavit of evidence of PW No. 1 Jayshankar Maniklal Tripathi. TOR and marked at Exh.8. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.9. Copy served to other side. Other side to say.
Matter is adjd to 29.06.2024 for say on Exh.9.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: Adv. Priyank Shukla a/w Adv. Rajnish Upadhyay for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Ld. Adv. for MCGM has filed say on overleaf of the Exh.9. Taken on record.
Considering the submissions of both sides following documents below the List Exh.9 are exhibited as under -
Exh.10 - Original Power of Attorney dtd. 23.08.2018 executed by the plaintiff in favour of Jayshankar Maniklal Tripathi.
Exh. 11 - Order dtd. 12.04.1996 passed by the Jt. Commissioner of Z-1 bearing No. BMC/Z-I/6655 of 12-04-1996 (Being original copy, it is exhibited)
Exh. 12 - Letter dtd. 07.03.1978 bearing No. WOE 80938/AC(B and D) E (being original, it is exhibited)
Exh. 13 (Colly) - Municipal License Sr. No. 29986 and Sr. No. 22365 (being originals both license have been exhibited collectively.
Exh. 14 - Summons in court case No. 935/M/1962 issued by the Presidency Magistrate Court Mazgaon (being original, it is exhibited)
Exh. 15 - License bearing No.22478
(since in the list Exh. 9 the plaintiff has shown at Sr. no. 6- Old License No. 8333 and new license No. E-7061 dtd. 15.12.1967 by giving page numbers at 20 and 21. However, as can be seen at Sr. no. 6 of the list Exh. 9, license Sr. No. 22478 in torn condition (laminated) is filed on record and this mistake in the list is also brought into the notice of the plaintiff.).
Accordingly, license bearing no. 22478 which is filed at Sr. No. 6 of the list Exh. 9 is exhibited as Exh. 15 being original document.
Exh. 16 - Inspection extract dtd. 26.09.1988 (being original it is exhibited)
Exh. 17 - Inspection extract dtd. 26.02.2002 (being original it is exhibited)
Exh. 18 - Notice dtd. 22.05.1987 u/s 351 of the MMC Act bearing No. E-7/5/AE(BandF)E (Being original, it is exhibited)
Exh. 19 (Colly) - Receipts dtd. 13.03.1978 issued by the BMC (being originals those have been collectively exhibited)
Exh. 20 (Colly) - License receipts issued by the BMC (4 in numbers) (being originals those have been exhibited)
Exh. 21 - Assessment bill (being original it is exhibited)
Exh. 22 - Property tax receipt (Being computerized print out it is exhibited)
Exh. 23 (Colly) - Electricity bills (3 in numbers) (Being original, those have been exhibited collectively)
Exh. 24 - Advocate Letter dtd. 16.06.1994 (Being office copy, it is exhibited)
Exh. 25 - It is a copy of notice dtd. 26.06.2019 at Sr. No. 17-A which is not disputed by the defendants. Hence, copy of notice dtd. 26.06.2019 at Sr. no. 17-A is exhibited in view of not disputed by the defendant.
Exh. 26 - Order dtd. 14.01.2020 passed by the Honble High Court in A.O. (St) No. 31528/2019 with I. A. No. 1/2019.
Exh. 27- Order dtd. 07.10.2023 passed by the Honble High Court in I. A. 20498/2022 in A. O. No. 830/2022 with I. A. No. 4111/2019
Exh. 28 - Order dtd. 17.10.2023 passed by the Honble High Court in A. O. No. 830/2022 with I. A. No. 4111/2019.
Matter is adjd to 02.07.2024 for cross examination of PW No.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Plaintiff present.
Adv. Priyank Shukla for plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
Cross examination of PW No.1 Jayshankar Maniklal Tripathi is partly recorded.
Matter is adjd to 09.07.2024 for further cross examination of PW NO.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 19.07.2024 for evidence (PH).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Adv. A. K. Nandanwar h/f Adv. Vajale for MCGM present.
PW No. 1 present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 23.07.2024 for cross examination of PW no.1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
PW No1. Jayshankar Maniklal Tripathi Present.
Further cross examination of PW No. 1 Jayshankar Maniklal Tripathi is commenced and completed.
Ld. Adv. for plaintiff has filed evidence closure pursis. Taken on record and marked at Exh.29. O- R and R.
Matter is adjd to 31.07.2024 for evidence of defendant (PH)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Priyank Shukla for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Ld. Adv. For MCGM has filed affidavit of evidence of DW No. 1 Abrar S. Khan. TOR and marked at Exh. 30. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.31. Copy served to other side.
Matter is adjd to 03.08.2024 for say on Exh. 31 (PH).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Adv. Shukla for Plaintiff present.
Adv. Vazale for Defendant/MCGM.
Adv. for the plff. Filed say on Exh. 31.
Considering the submission of both parties, following documents below Exh. 31 are exhibited as under -
Exh. 32 - Copy of inspection report (In view of objection by the Ld. Adv. for plaintiff, only copy of inspection report is exhibited and copies of document are not digital, copies therefore cannot be exhibited in view of objection.)
Exh. 33 – Speaking Order dt. 19/08/2019.
Exh. 34 – Copy of Plant dt. 04/12/2018.
Matter is adjd to 08.08.2024 for Cross Examination of DW 1.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Adv. Rajnish Upadhyay for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
DW No.1 absent.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 17.08.2024 for cross examination of DW No.1/(PH).
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Adv. Priyank Shukla a/w Adv. Sawant for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
DW No.1Abrar Shakil Khan present.
Cross examination of DW No.1 Abrar Shakil Khan is commenced and completed.
Ld. Adv. for plaintiff has filed list of documents. Taken on record and marked at Exh.35.
Matter is adjd to 20.08.2024 for further evidence of MCGM(PH)
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: Adv R Upadhyay h/f Adv Shukla for Plaintiff present.
Adv Vazale for Def./MCGM present.
Kb
Ld adv for Def./MCGM has filed say on Exh. 35 on the overleaf.
In view of admitting the documents at sr. no 1 and 2 of Exh. 35, those have been exhibited as under:-
Exh. 36 (Colly)Copy of order passed by the Honble High Court in A O no. 830/2022 dtd. 18.12.2023 and 8/3/2024
Exh. 37 (Colly)Documents received under RTI.
Ld adv for Def./MCGM has filed Evidence closer pursis. Tor. O- R & R Marked as Exh. 38
Matter is adjd to 21/08/2024 for Final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Adv. D.V. Sawant for Plaintiff.
Adv. Nandanwar for Deft/MCGM present.
Plaintiff adv. tendered written notes on argument T.O.R. Exh. 39.
Heard Argument of Plaintiff advocate.
Matter adjourned for tomorrow for Deft. Arguments.
Matter is adjd to 22-08-2024 for Argument (P.H.)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv. Shukla for Plaintiff present.
Adv. Vazale for Deft/MCGM present.
Heard Argument and matter adjourned for Judgment.
Matter is adjd to 09-09-2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-09-2024
Date: 09-09-2024
Business: Adv. Rudvi Kakkad h/f Adv. Priyank Shukla for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
Exh. 40 - Judgment.
FRSR the following order is passed -
ORDER
1. Suit stands dismissed.
2. In the peculiar circumstances, there is no order as to costs.
3. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 09-09-2024