Date: 09-09-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Mr. Kumavat for deft./MMC present.
Heard arguments for plaintiff on draft NM.
FRSR following order is passed in Draft NM.
ORDER
1. Ad interim relief is hereby rejected.
2. Leave granted to register draft notice of motion.
Sheristedar is directed give authenticated copy to advocate for plaintiff.
Matter adjd to 19/11/2019 for NM Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Advocate for plaintiff is present and filed registered NM No. 3374/19
Advocate Mr. Dhumale for defendant/BMC is present and requested for short adjournment for filling reply. Request is allowed.
Adjourned for NM reply to 21.12.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Advocate Jayesh Bhatt for plaintiff is present and filed Vakalatnama at Exh. 04.
Advocate Mr. Sutar for defendant/BMC is present and requested for short adjournment. Request is allowed.
Adjourned for NM reply to 18.01.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Advocate for plaintiff present.
Advocate Dhuri for defendant/BMC present.
Ld. Adv. for plaintiff requested for time.- Finally granted.
Matter is expedited by Hon\''ble High Court.
Adjourned for N/M Hearing to 15/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Advocate for plaintiff present.
Advocate Sutar for defendant/BMC present.
Ld. Adv. for defendant/BMC requested for time.- Granted.
Adjourned for N/M Hearing to 09/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
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 FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: COVID-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Court is busy in dictating order in HCTB matter no. 2493/18.
Adjourned for N/M Hearing to 25/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: None for plaintiff.
Advocate Mrs. Dhuri for deft/BMC present.
Adjourned for N/M Hearing to 15/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: None present for plaintiff.
None present for defendants.
Adjd for NM hearing to 22.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
No WS/Reply filed by Defendant/ BMC
Adjd for N/M Hearing to 20.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for N/M Reply to 07.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Defendant /BMC is granted last and final chance to file reply to Notice of Motion No. 3374/2019
Adjd for NM Reply to 29.04.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Defendant / BMC failed to file written statement and reply, hence, suit to proceed without written statement and reply of the defendant BMC.
Adjd for NM Hearing to 24.08.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Hearing to 25.11.2022
L.O. 3.32 p.m.
Advocate for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Advocate Jayesh Bhat for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Filing evidence of plaintiff /R.E.to 14.12.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Advocate Shaunak Bhatt h/f Adv. Jayesh Bhatt for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Filing evidence of plaintiff /R.E to 17.02.2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Advocate Jayesh Bhat for plaintiff present
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for plaintiff submitted that Notice of Motion No. 3374/2019 to be tied alongwith suit. Hence, in view of submission plaintiff\''s advocates Notice of Motion 3374/2019 shall be tied alongwith suit.
Advocate for plaintiff filed Affidavit of evidence of examination in chief of Rupali Parshuram Sawant Marked as Exh. 3 O-Read and Recorded and alongwith Compilation of document Marked as Exh. 4 O- Other side to say.Copy served
Adjd for Reply on Compilation of documents/R.E.P.H. to 26.04.2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Advocate Shaunak Bhat for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for reply on Document/R.E. to 03.07.2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Advocate Jayesh Bhatt present for plaintiff.
Advocate Deepali Patil present for defendant/BMC and filed reply on compilation of documents Exh. 41 itself..
Matter adjourned for hearing on compilation /RE to 07/08/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Advocate Shashank Bhatt present for plaintiff and sought adjournment..
Advocate Deepali Patil present for defendant/BMC.
As per the request of advocate for plaintiff, Matter adjourned for hearing on compilation to 20/09/23.
Next Purpose: HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: As court is on leave, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Advocate Bhatt present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
PW 01 present.
Heard arguments on both side on compilation of documents at Exh. 4.
Following order is passed below admissibility of documents.
ORDER
1) Document at Sr. no. 6 report issued by BMC dt. 05/08/2019 admitted by defendant marked as Exh. 5.
2) Documents at sr. no. 10 is letter issued by Health Department dt. 06/08/2019 admitted by defendant marked as Exh. 6.
3) Plaintiff to prove rest of the documents as per law.
Chief-examination of PW 01 by Advocate Bhatt for Plaintiff is commenced and concluded at Exh. 3.
following documents are referred to the witness in cross examination.
1.
Photocopy General Power Of Attorney verified by original.
(On oral request of advocate for plaintiff chief examination is differed till next date. )
Matter adjourned for further examination in chief/Recording of evidence to 10/01/24.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Representative of plaintiff present.
Advocate absent.
Witness absent.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for further chief examination of PW-1 / RE to 18/03/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Advocate Jayesh Bhat present for plaintiff and sought adjournment. O- Granted.
Advocate Deepali Patil present for defendant/BMC.
Plaintiff witness absent.
Matter adjourned for further chief examination of PW-1 / RE to 12.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Advocate Rahul i/b Adv. Jayesh Bhat present for plaintiff and filed adjournment application. TOR and marked as Exh. 8. O - other side to say.
Advocate Sutar present for defendant/BMC and filed say on Exh. 8 itself.
O - Adjournment granted for today only.
Plaintiff witness absent.
Matter adjourned for further chief examination of PW-1 / REPH to 24.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: CA of plaintiff present, her advocate absent and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for further chief examination of PW-1 / RE to 02.09.2024.
Later on 12.30 pm
Adv. Shaunak Bhatt present for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Advocate Shaunak Bhatt present for plaintiff and submitted that witness is seriously ill and admitted in hospital, hence sought adjournment. O - granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for further chief examination of PW-1 / RE to 29.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: CA of plaintiff present, her advocate absent and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for further examination in chief of PW-1 / RE to 05.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Advocate Shoulab Bhatt present for plaintiff and sought adjournment. O- Granted.
Advocate B Sutar present for defendant/BMC.
Plaintiff witness absent.
Matter adjourned for Chief examination of PW1/REPH to 28-03-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: COURT IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
After perusal of the record it shows that as per the order passed by the Honble High Court dated 13.09.2019, the NM taken by the plaintiff is expedited. The record further shows that the plaintiff is absent before this court more than two years. It shows that the plaintiff is not interested to conduct the hearing of notice of motion. Hence NM no. 3374 of 2019 is disposed for want of prosecution.
The record further shows that matter is pending for further chief of plaintiff. However the plaintiff is not present before this court. Plaintiff is hereby directed to remain present and take suitable steps for hearing without fail. Otherwise suit will be dismissed for want of prosecution.
Matter adjourned for no WS hearing to 20.08.2025.
Next Purpose: HEARING
Next Hearing Date: 20-08-2025
Date: 20-08-2025
Business: Adv. Jayesh Bhat present for plaintiff.
None present for defendant/BMC.
Due to heavy rain in Mumbai, matter is adjourned.
Matter adjourned for hearing to 19.11.2025.
Next Purpose: HEARING
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Daughter of the plaintiff present and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for hearing to 04.03.2026.
Next Purpose: HEARING
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff and his advocate are absent. It appears that the plaintiff is not interested in proceeding with the hearing of the suit. Hence matter posted for dismissal order.
Matter adjourned for dismissal order to 05.05.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: None present for plaintiff.
Advocate Ruhi Hajare h/f Advocate Bibhishan Sutar for defendant/MCGM present.
Matter adjourned for dismissal to 20.06.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2026
Date: 20-06-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff and his advocate are absent since November 2025. In view of record suit is dismissed in default and for want of prosecution. Proceedings in Suit No.2400/2019 are closed. Parties to take note.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-06-2026