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 of roznama 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. 3373/19
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 for plaintiff is present.
Advocate Mr. Sutar for defendant/BMC is present and requested for short adjournment. Request is allowed.
Adjourned for NM reply to 30.01.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Advocate for plaintiff present.
Advocate Sutar for defendant/BMC present.
Ld. Adv. for defendant/BMC requested for time.- Granted.
Adjourned for N/M Reply to 18/04/2020.
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
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: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: REPLY
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for N/M Reply to 11/03/2021.
Next Purpose: REPLY
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: As court is on leave. matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Adjourned due to Covid-19.
Next Purpose: REPLY
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None for plaintiff.
Advocate Smt. Dhuri for defendant/BMC Present and sought time for filing reply to NM.
Adjd for NM reply to 25/10/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for N/M Reply to 28.01.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022
Date: 28-01-2022
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.
Adjd for Reply to 06.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Reply to 12.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Advocate for plaintiff absent.
Advocate Smt. Deepali Patil for defendant/BMC present
Adjd for NM reply to 08.02.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: None present for plaintiff
Advocate Shri. B.S. Sutar for defendant/BMC present.
Adjd for NM Reply to 19.04.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None present for plaintiff
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Reply to 09.08.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None present for plaintiff.
Advocate Smt. Deepali Patil present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for Nm reply to 01/11/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: None present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for necessary order to 14/02/24.
Next Purpose: ORDER
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for necessary order to 15.06.2024.
Next Purpose: ORDER
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Adv. Arjun Kadam present for plaintiff and filed vakalatnama at Exh. 2. TOR. O - filed.
Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
Matter adjourned for necessary order to 19.09.2024.
Next Purpose: ORDER
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Plaintiff present, her advocate absent.
Advocate Jyoti Mhatre h/f Adv. Bibhishan Sutar present for defendant/BMC.
Defendant BMC fails to file written reply in NM No. 3373 of 2019, hence NM No. 3373 of 2019 proceeds without reply of defendant/BMC.
Matter adjourned for NM hearing to 02.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: COURT IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2025
Date: 26-02-2025
Business: As declared holiday on account of Mahashivratri. Hence, the matter adjourned for NM hearing to 20-06-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: COURT IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
The record shows that the Notice of motion is pending for the hearing since 2019, however the plaintiff has not taken any effective steps for the hearing. At the ends of justice last chance is given to the plaintiff to make necessary steps for the hearing otherwise the Notice of motion will be dismissed for want of prosecution.
Matter adjourned for NM dismissal to 29.09.2025.
Later on
Adv. Arjun Kadam for plaintiff present.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Advocate Jinal Sanghavi present for plaintiff and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for NM hearing to 12.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: Plaintiff and his advocate are absent. Matter is pending for Notice of Motion hearing since 2019. It appears that plaintiff is not interested to proceed with the suit. Hence matter posted for dismissal order.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for NM and suit dismissal to 17.01.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2026
Date: 12-01-2026
Business: CORAM H.H.J. SHRI. PRASHANT C. KALE, CITY CIVIL COURT, MUMBAI.(C.R.06)
Plaintiff and his advocate are absent. Matter is pending for Notice of Motion hearing since 2019. It appears that plaintiff is not interested to proceed with the suit. Hence matter posted for dismissal order.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for NM and suit dismissal to 17.01.2026.
Judge
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2026
Date: 17-01-2026
Business: Advocate present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Despite of sufficient opportunities plaintiff has not taken any steps for hearing on notice of motion. It appears that the plaintiff is not interested in proceeding with the hearing of Notice of Motion. Hence NM No. 3373 of 2019 is dismissed in default and for want of prosecution. Proceedings in NM No. 3373 of 2019 is closed. Parties to take note.
Plaintiff submitted that suit be kept for withdrawal.
Matter adjourned for withdrawal to 13.02.2026.
Next Purpose: WITHDRAWAL
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: Advocate Arjun Kadam present for the plaintiff and filed pursis for withdrawal of suit. TOR and marked as Exhibit 5. O - Plaintiff is permitted to withdraw the suit unconditionally.
Advocate Amar Patil present for defendant/BMC.
Order on Exhibit 5
In view of the order passed in application below Exh.5, Suit No. 2401 of 2019 is disposed of as withdrawn and for want of prosecution. Parties to bear their own costs. Court fees if any be refunded to plaintiff as per rules. Proceedings in suit No. 2401/2019 is closed. Parties to take note.
Nature Of Disposal: WITHDRAWL
Disposal Date: 13-02-2026