Chhedanagar Gymkhana and Recreation CentreVsMCGM

Date: 16-09-2019
Business: Adv. B.S. Bhosale with Adv. S.K. Bhosale for plaintiff present and tendered original NM No. 3421/19 along with affidavit in support and also tendered original Ch/S No. 1651/19 along with affidavit in support.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
K.B./L.O. at 03.40 p.m.
Heard Adv. for plaintiff.
ORDER ON AD-INTERIM RELIEF
Perused plaint, documents annexed to the plaint, Notice of Motion, reply filed by defendant / MCGM and heard both sides. The plaintiff is seeking temporary injunction restraining defendant MCGM from taking any coercive action against alleged unauthorized work carried out by plaintiff as mentioned in the notice dated 26.08.2019 purported to be under Section 354A of MMC Act. The description of the work given in the notice is, Unauthorized erection of M.S. Channel frame approx. admeasuring (31m X 35m. X 11m. Height) and P.C. P.C. work without obtaining permission from Building Proposal Department. Ld. Advocate for the plaintiff has pointed out that it was mandatory for defendant / MCGM to take photographs with camera having facility of date and time but no such photographs are taken, panchanama prepared by defendant / MCGM. He has also pointed out that in Minutes of Order dated 20.12.1978 in Notice of Motion no. 1343 of 1978 in Suit No. 1562 of 1978, the plaintiff is permitted to carry out repairs, construct roads, drainage and other public amenities to duly repair and maintain the same portions. Ld. Advocate for the plaintiff has further stated that the plaintiff has not made any unauthorized work as described in Section 337 or 342 of MMC Act, the so called alleged unauthorized construction is merely to protect children from falling and to avoid harm to senior citizens due to activities of sports being carried out at the suit site. Ld. Advocate for the defendant has argued that the plaintiff has not obtained any permission for construction, the defendant / MCGM has followed due process of law and therefore, plaintiff has not entitled for ad-interim relief.
        After going through entire record, it will have to be ascertained whether the alleged unauthorized construction required permission for defendant / MCGM as it was coming within purview of definition of building as given in Section 3(s) of MMC Act. This will require evidence from both sides. The plaintiff has brought triable question before the Court. Balance of convenience is in favour of the plaintiff and it will suffer irreparable loss if temporary injunction is not granted. Hence ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to 16.12.2019 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv.  S. K. Bhosle  for plaintiff present and tendered affidavit of service and original writ of summons.
Adv. Mr. S.C. Khandagale for Deft/MCGM present and tendered reply to N/M cum WS. t.o.r. and marked at Exh.  3 and list of documents (Exh. 4).He has also  tendered draft NM along with affidavit. Leave is granted to register the NM. Copies served to other side.
Copies served to other side.
Order on C/S No. 1651/19 -
       Perused C/S and reply. The plaintiff wants  to add subsequent events by this C/S. This does not change nature of the suit. Hence, C/S allowed and made absolute in terms of prayer clause (a). the plaint be amended and Copy be served to other side on or before next date.
Earlier order, if any, to continue till next date.
Adjd to  06-01-2020 for compliance ,N/M hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. S.K. Bhosle for Plaintiff present.
Adv. Ms. Hajare h/f Khandagale for defendant / MCGM present.
Earlier order to continue till next date.
Adjd. for reply to NM  to 6/3/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv.S.K.Bhosle for plaintiff present.
Adv. Parshurame a/w Adv.Khandagle for MCGM/Deft. present.
Copy of NM filed by defendant,  be served on plaintiff.
Defendant is directed  to register NM till next date.
Mr.Sunil Salunke JR.Engineer (B and F) M/W ward.
Earlier order, if any, to continue till next date.
Matter adjd to 15.04.2020 for  service and reply NM filed by defendant/ hrg of NM filed by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Adv. Ravindra Singh h/f Adv. S. K. Bhosle for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Defendant is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 12/02/2021 for Service and Reply to NM filed by defendant/hearing of NM filed by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. S.K. Bhosale  for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Copy of draft NM filed by Defendant/MCGM is received by Advocate for Plaintiff.
Adv. for Defendant/MCGM has supplied copy of reply to NM No. 3421/19 to Plaintiff.
Defendant is directed to register the draft N/m till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 17/03/2021 for  N/m No. 3421/19  hearing and reply by plff to defendants draft N/m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. S. K. Bhosle for plaintiff present.
Adv. Parshurame with Adv.Khandagale for deft/MCGM present.
Defendant is directed to register the draft N/m till next date. Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for N/m No. 3421/19 hearing and reply by plaintiff  to defendant\''s draft N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. S. K. Bhosle for plaintiff present.
None for deft/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 11/06/2021 for N/m No. 3421/19 hearing and reply by plaintiff to defendant\''s draft N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Mr. S. K. Bhosale for the plaintiff present and filed rejoinder in NM No.3421/2019. It is t.o.r.
Copy is served to defendant/MCGM.
Adv. Tondwalkar for BMC present.
Earlier order if any, is continued till next date.
Matter is adj. To 21/09/2021 for hearing of NM No.3421/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant / MCGM present.
Defendant is directed to register the NM and copy be served to the plaintiff on next date.
Earlier order, if any, to continue till next date.
Adjd. To 18/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office Order No.213/2021 dated 12/10/2021, holidays are declared on 16/10/2021 and 18/10/2021. Hence, board of dated 18/10/2021 is discharged and mater is adjourned to 27.11.2021.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Prashant Rihal h.f. Adv. S.K. Bhosale for Plaintiff present and seeks time to file reply to NM filed by Defendant/MCGM. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Defendant/MCGM is directed to register the draft NM till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 10/01/2022 for hearing on NM No. 3421/19/ for filing reply to Defendants NM by Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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 25/02/2022 for filing reply to Defendants NM by Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Prafulla Valvi h/f Adv S.K. Bhosale for plaintiff present and seeks time to file reply to NM filed by defendant. Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 16/03/2022 for NM Reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Prafulla Valvi h.f. Adv. S.K. Bhosale for Plaintiff present and seeks time to file reply to NM. Time is granted till next date.
Adv. Ms. Roma h.f. Counsel Adv. Parshurame with Adv Mrs Tondwalkar for defendant / MCGM is present.
Advocate for Defendant is directed to tender original NM till next date.
Earlier order, if any, to continue till next date.
Adjd. to 11/04/2022 for filing reply to NM by Plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None for plaintiff.
Adv Gargi Maideo with Adv Roma Naik h/f MCGM Counsel Adv  Parshurami with Adv Khandagale h/f Adv Mrs Tondwalkar for defendant / MCGM is present.
If plaintiff failed to file NM reply on next date, further order will be passed against plaintiff.
Defendant is directed to tender original NM along-with affidavit in support thereof on next date.
Earlier order, if any, to continue till next date.
Adjd. To 02/05/2022 for filing reply to defendants NM by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: As Court is busy in dictating Judgment in HCTB Suit No. 2622/16, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 10/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present and filed reply to N/M No. 3441/2021, TOR. Copy is supplied to Adv. for deft.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Deft./MCGM is directed to tender original N/M No. 3441/2021 with affidavit in support thereof on next date.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for hrg on N/M No. 3441/2021/ compliance by deft/MCGM.
L.O.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and tendered original N/M No. 3441/2021 with affidavit in support thereof, TOR.
Already adjd. to 22/07/2022 for hrg on N/M No. 3441/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present.
Counsel Adv. Parshurame with Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 26/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Counsel Adv. Parshurame with Adv. Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 28/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Prafalla Valavi h/f Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Gargi Maides h/f counsel Adv. Vikrant Parashurami with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 17/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. S. K. Bhosale for plaintiff present and requested time on ground that he has to go to Hon\''ble High Court. Hence, time is granted till next date.
Adv. Apoorva Maurya h/f counsel Adv. Vikrant Parashurami with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 25/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Counsel Adv. Parshurame with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/11/2022 at 01.00 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. P. S. Bhosale for plaintiff present.
Counsel Adv. Parshurame with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Partly heard argument by advocate for plaintiff.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 10/01/2023 for NM(P.H.) at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: At 12.30 p.m.
None for plaintiff.
Adv. Apoorva Maurya h/f Counsel Vikrant Parshurami with Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 08/02/2023 for N/M P/H.
                                                                                           Judge
L.O. at 12.50 p.m.
Adv. S. K. Bhosale for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 08/02/2023 for N/M P/H.
Next Purpose: NM  P.H.
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Valavi h.f. Adv. S.K. Bhosale for plaintiff present and requested for time. But matter is part heard, hence last chance granted.
Adv. Mitali Nibre h.f. Counsel Adv. Parshurami with Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/02/2023 for NM (P.H.)
Next Purpose: NM  P.H.
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 08/03/2023 at 12.30 p.m. for N/M P/H.
L.O.
Adv. h/f Counsel Vikrant Parshurami for defendant/ BMC is present.
Already adjd. to 08/03/2023 at 12.30 p.m. for N/M P/H.
Next Purpose: NM  P.H.
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Prafulla Walvi h/f Adv. S. K. Bhosale for plaintiff present.
Counsel Vikrant Parshurami with Adv. Mr. Suryavanshi for defendant/ BMC is present.
K.B. N/M P/H.
L.O.
Same appearance.
Heard Adv. for plaintiff on N/M No.3421/2019.
Earlier order, if any, to continue till next date.
Adjd. to 31/03/2023 for order on N/M No.3421/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Adv P.S. Bhosale with Adv S.K. Bhosale for plaintiff present.
Adv Apoorva Maurya a/w Adv Sneha Nagda h/f Adv Vikrant Parshurami Counsel with Adv Suryavanshi for deft/BMC present  and requested to kept the matter till 4.30. However the plaintiff has submitted that arbitration proceeding and consent with the parties, hence matter be adjourned.
KB  L.O.
Same appearance.
Earlier order, if any, to continue till next date.
Matter is adjd. to 17-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Mr. P. S. Bhosle h/f. Mr. S. K. Bhosle for plaintiff present
Adv. Mitali h/f. Mr. Parshurami with Mr. Suryavanshi for BMC present
K.B.
L.O.
Same appearance
Adv. for BMC submitted that counsel Mr. Parshurami is busy in the Hon\''ble High Court and requested time. Granted
Earlier order, if any, to continue till next date.
Adjd. to 14.6.2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Advocate S. K. Bhosale for plaintiff present.
Advocate Counsel Vikrant Parshurami a/w Adv. Suryavanshi for defendant/BMC present.
Keep back
L.O. 4.30 p.m.
Advocate P. S. Bhosale h/f Adv. S. K. Bhosale for plaintiff present.
Rest of the same appearance.
Heard both sides on NM No. 3441/2021.
Earlier order, if any, to continue till next date.
Adjd to 23.06.2023 for NM Order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Advocate P. S. Bhosale h/f  S.K. Bhosle for plaintiff present.
Counsel Adv. Vikrant Parshurami a/w Suryavanshi for defendant/BMC present.
keep back for order on NM No. 3441/2021
Due to paucity of Time and Court busy in dictating Judgment in Suit No.1969/11.
Earlier order, if any, to continue till next date.
Adjd   to   12.07.2023   for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Advocate P. S.Bhosale h/f S.K.Bhosale for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
As Court busy in dictating Ad-interim order and NM order and due to paucity of time, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to  15.07.2023  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: Advocate Latika h/f S.K. Bhosale for plaintiff present and tendered written notes of argument in NM 3421/2019  Exh.
Adv. Apoorva Maurya h/f Vikrant Parshurami a/w Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
On perusal of the records it appears that NM 3441/2021 by the defendant/BMC for vacating ad-interim injunction is kept for order today. However, the NM is taken out by plaintiff bearing no. 3421/2019 for  temporary injunction is pending. Adv Latika for plaintiff submitted that she has to take instruction whether NM No. 3421/2019 is argued or not. Hence, matter adjourned on next date.
Keep back
L.O.
Adv Latika for plaintiff submitted that plaintiff has argue NM NO. 3421/2019 but not argue NM No. 3441/2021. Adv Mhatre for defendant/BMC submitted that corporation has also argue on NM No. 3421/2019 but not argue NM No. 3441/2021. NM No. 3421/2019 is for temporary injunction and NM No.3441/2021 is for vacating ad-interim injunction. In such circumstances both the NM needs to be decided simultaneously. Hence matter adjourned for argument of NM No. 3441/2021 by both the parties.
Earlier order, if any, to continue till next date.
Adjd  to 02.08.2023   for argument of NM No. 3441/2021
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Advocate P. S. Bhosale for plaintiff present.
Adv. Mitali Nibre h/f Counel Adv. Vikrant Parshurami a/w Advocate Suryavanshi  for defendant/BMC present and tendered written notes of argument in NM No. 3441/2021.marked as Exh. 5.
L.O.
Counsel Adv. Vikrant Parshurami submitted that he has argue both the NMs and today filed written notes in NM    NO. 3441/2021 and he do not want to make any oral submission. Hence matter adjourned for argument By plaintiff on NM No. 3441/21.
Earlier order, if any, to continue till next date.
Adjd to 09.08.2023 for Hearing on NM No. 3441/2021
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Advocate P. S. Bhosale h/f S.K. Bhosale for plaintiff present.
Adv. Roma Naik and Adv. Apoorva Maurya h/f Counsel Adv. Vikrant Parshurami a/w Advocate Mhatre h/f  Suryavanshi  for defendant/BMC present.
Heard argument of advocate for plaintiff in NM No. 3441/21. Matter adjourned for Order on NM.
Earlier order, if any, to continue till next date.
Adjd  to 30.08.2023 for Orders on NM No. 3441/2021 and NM No. 3429/2021
Next Purpose: NM  ORDERS
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Advocate P. S. Bhosale for plaintiff present.
Counsel Adv. Vikrant Parshurami a/w Advocate Suryavanshi for defendant/BMC present.
As court is busy in dictating judgment in Su NO. 1288/14 and SU 1589/14. due to paucity of time. Hence matter adjourned.
Earlier order, if any, to continue til next date.
Adjd to 25.09.2023 for Order on NM No. 3441/21 and NM MNO. 3429/21
Next Purpose: NM  ORDERS
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Mr. P. S. Bhosle h/f. Mr. S. K. Bhosle for plaintiff present
Adv. Mr. for defendant/B.M.C. present
As the Court is busy in passing order in No.3386/2019 and hearing arguments in urgent reliefs, hence adjourned due to pausity
Interim relief to continue till next date
Adjd to 5/10/2023 for orders on both N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. P. S. Bhosale for plaintiff present.
Adv. Roma Naik and Adv. Anjali h/f Counsel Vikrant Parshurami a/w Advocate Mhatre for defendant/BMC present.
F.R. S.R. Following common order is passed on Notice of Motions No. 3421/19 and No. 3441/2021
ORDER
1. Notice of Motion No. 3421/19 is dismissed.
2. In view of dismissal of Notice of Motion No. 3421/19, NM No. 3441/2021 for vacating ad-interim injunction is  disposed of.
L.O.
Adv P. S. Bhosale for plaintiff tendered application for extension of Earlier order TOR marked as Exh.6 O- Other side to say.
Earlier order, if any, to continue till next date.
Adjd  to 06.10.2023    for  reply on Exh. 6
Next Purpose: REPLY
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Adv P. S. Bhosale for plaintiff present.
Adv. Mitali Nibre h/f Counsel Adv. Vikrant Parshurami a/w V Advocate Mhatre h/f Suryavanshi for defendant/BMC present and has given say on Exh. 6 overleaf.
Heard argument of both sides on Exh. 6
Order below Exh.6
1.	The plaintiff filed this application for continuation of ad-interim relief, as the plaintiff intends to challenge the order dismissing Notice of Motion.
2.	Adv. for Counsel for defendant/BMC opposed application and stating that application is nothing but attempt to request the Court to reconsider one order and praying review of the order of this Court and therefore prayed for rejection of application.
3.	Heard learned Advocates for parties and perused record and proceeding.
4.	Notice of Motion has been dismissed. The plaintiff intends to challenge order of dismissing Notice of Motion. An appeal is the statutory right of an aggrieved party. The ad-interim protection was continued during pendency of Notice of Motion. Hence I pass following order.
O R D E R
	Defendant/B.MC. Shall not take coercive action for a period of 3 weeks from the date of uploading of order on Notice of Motion on official Website.
Adjd  to  04.12.2023   for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: None present for plaintiff
Adv. Mitali Nibre h/f Counsel Adv. Vikrant Parshurami a/w Advocate Suryavanshi  for defendant/BMC present.                                                                                                                                                                                                                                               Adv for deft already filed NM Reply cum Written Statement at Exh. 3. hence matter is adjourned.
Adjd  to 16.02.2023  for Hearing on issues.
L.O. 3.10 p.m.
Adv. P. S. Bhosale for plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: None present for plaintiff.
Adv. Mitali Nibre h/f Counsel Adv.  Vikrant V. Parshurami a/w Advocate Suryavanshi  for defendant/BMC present
Adjd  to  20.04.2024    for  Hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: None present for plaintiff
Adv. Mitali Nibre h/f Counsel Advocate Vikrant Parashurami a/w  Mhatre for defendant/BMC present.
Draft issues not filed. Hence matter adjourned.
Adjd  to  20.07.2024    for  framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmare h/f Honmane   for defendant/BMC present.
Adjd  to 03.08.2024     for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: None present for plaintiff
None present for defendant/BMC.
Exh. 7   - Issues
Adjd  to 04.09.2024  for List of witnesses /R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: None present for plaintiff
Adv. Samiksha Malekar h/f Counsel Adv. Vikrant Parshurami a/w Advocate Honmane for defendant/BMC present.
Today is the first date for plaintiff evidence, hence matter adjourned
Adjd  to 14.10.2024    for plaintiff evidence/R.E.
Later on 11.10 am
Adv.  P. S. Bhosale for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2024

Date: 14-10-2024

Date: 04-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Adv. Dhairya Thakkar h/f Counsel Adv. Vikrant Parshurami a/w Advocate  Honmane  for defendant/BMC present.
As Court is busy in Targeted matters. Hence matter adjourned.
Adjd to 03.02.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. P.S. Bhosale h/f Adv. Mr. S. K. Bhosale for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Adv. Kshitij Kanulkar h/f Adv. Mr. Vikrant Parshurami a/w Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for R.E. to  02.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ravindra Singh h/f Adv. Mr. S.K. Bhosale for the plaintiff is present and sought time to file documents. Time is granted.
Adv. Mr. Dhairya Thakkar h/f Adv. Mr. Vikrant Parshurami a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for RE.to 02.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Pramod S. Bhosle for the plaintiff is present. He sought time to file evidence affidavit. Time is granted strictly as a last chance.
Adv. Ms. Sangita Honmane i/b Adv. Mr. Vikrant Parshurami  for defendant/MCGM is present.
Adjourned RE. to 06.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff absent.
Adv. for the plaintiff is present.
Adv.Ms.Vidya Vyavahare h/f Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Last chance is granted for filing evidence.
Adjourned to 12.09.2025 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Madhavi Jadhav h/f Adv. Mr. S.K. Bhosale   for the plaintiff is present. she sought time to file evidence affidavit.
Adv. Niti Patel h/f Adv. Mr. Vikrant Parshurami  a/w Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Record shows that enough time is granted to the plaintiff for fling evidence affidavit. The plaintiff is thus directed to proceed with the matter and file evidence affidavit or else further order shall be passed.
Adjourned for filing evidence affidavit/R.E. to 29.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Pramod Bhosale for the plaintiff is present and requested for adjournment.
Adv. Nidhi Patel h/f Adv. Mr. Vikrant Parshurami a/w Adv.  Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence affidavit/R.E.to 14.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Ms Nikita Pawar  h/f Adv. S. K. Bhosale for the plaintiff is present and seeks time to file evidence affidavit O- Granted.
Adv. Ms. Nidhi Patel i/b Vikrant Parshurami a/w Adv. Mr. Nandanwar h/f Adv. Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence affidavit to 04.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is absent.  His Adv is absent.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/RE. to 25.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Pramod Bhosale a/w Adv.Nikita Pawar i/b Adv. S.K. Bhosale  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/RE.to 17.04.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Pramod Bhosle a/w Adv Hetal Jain i/b Sharad Bhosle for the plaintiff is present and requested for time to file affidavit of evidence. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E.to 15.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Pramod Bhosale  for the plaintiff is present and seeks time to lead evidence. Time is granted.
Adv. Nidhi Patel h/f Adv. Vikrant Parashurami a/w Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E..to 04.09.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Hetal Jain h/f Adv. Mr. Sharad Bhosale or the plaintiff is present and seeks time to filing evidence affidavit. O- Granted.
Adv. Nidhi Patel h/f Adv. Vikrant Parshurami a/w Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/ RE. to 19.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2026

NOTICE OF MOTION/103441/2021

Registration Number: 102452/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109599/2019
Filing Date: 29-08-2019
First Hearing Date: 16th September 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE