Mr. Rajesh Gangji SavlaVsMCGM

Date: 19-09-2019
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
Mr. Hemant Sudhakar Bhoye, (Road Engineer) T - Ward, MCGM present.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides.  Ld. Adv. for plaintiff has pointed out that even though the plaintiff is declared eligible for permanent alternate accommodation for acquisition of the Suit premises, which is consisting of 3 separate rooms/ structures, but the defendant /MCGM is granting permanent alternate accommodation for only one structure. It is alleged in the plaint that the officers of Defendant MCGM visited suit premises and gave threats to demolish the same without considering rights of the plaintiff and his eligibility to get permanent alternate accommodation for 3 separate structures.   In the NM the plaintiff has prayed for temporary Injunction to restrain defendants from demolishing the suit premises without following process of law.In this set of facts, the defendant MCGM, being a local authority, has to follow due process of law before taking action of demolition of the suit premises. Hence ad-interim relief in terms of prayer clause (a) is granted till next date.
Authenticated copies be given to the both parties.
Adjd to 24-10-2019   for N.M. Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Adv. Jain   for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 06-02-2020  for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv.Jain h/f adv. KUdalkar   for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 26.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020

Date: 26-03-2020
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
Business: Addj to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Vaibhavi Pawar h/f. Adv. Mr. Kudalkar for Plaintiff present.
Adv. Mrs. Hajare for Defendant /MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 16/03/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Hazare for deft/MCGM present and requests for time to file reply to Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant /MCGM present and requests for time to file reply to NM. Time is granted 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 02/12/2021 NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for plaintiff present..
Adv. Chavan 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 17/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Vaibhavi Pawar h/f. Adv. Kudalkar for Plaintiff present.
Adv Mrs Rawade h/f. Adv. Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 07/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Chavan for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 19/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None for plaintiff.
MCGM Counsel Adv Gajanan Shinde with Adv Mrs Smita Chavan for defendant / MCGM present and tendered reply to NM. TOR. Copy be served to other side.
Earlier order, if any, to continue till next date.
Adjd. To 02/05/2022 for NM hearing.
Next Purpose: NM FOR HEARING
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 07/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present and requested for time to argue N/M.
Adv. Gajanan Shinde a/w Adv. Smita Chavan for defendant/MCGM present and opposed for adjournment. Matter is adjourned as a last chance for N/M hrg.
Earlier order, if any, to continue till next date.
Adjd. to 21/06/2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
K.B.
L.O. at 04.15 p.m.
Adv. Kudalkar for plaintiff present
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. for Plaintiff submitted that he will supply copy of rejoinder in advance to the defendant. Adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 28/06/2022 for N/M hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Kudalkar for plaintiff present and tendered rejoinder to the reply filed by deft./MCGM to N/M No. 3575/2019. Copy is served to other side.
He also tendered original N/M No. 3575/2019 along-with affidavit in support thereof.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ MCGM is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
K.B.
L.O.
Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
Heard both sides on N/M No. 3575/2019.
L.O.
Counsel Adv. Gajanan Shinde with Adv. Chavan for defendant/ MCGM is present.
Partly heard by Adv. For plaintiff on N/M No. 3575/2019.
Due to paucity of time matter, is adjourned for further hearing on N/M.
Earlier order, if any, to continue till next date.
Adjd. to 18/07/2022 for further hrg. by plaintiff on N/M No. 3575/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 27/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None for plaintiff.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
K.B.
L.O. at 04.35 p.m.
Adv. Kudalkar for plaintiff present.
Rest of the same appearance.
Heard further arguments of learned Adv. for plaintiff and argument of Adv. for deft./MCGM on N/M No. 3575/2019.
Earlier order, if any, to continue till next date.
Adjd. to 06/08/2022 for order on N/M No. 3575/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ BMC is present.
F.R.S.R. following order is passed on N/M No. 3575/2019-
O R D E R
Notice of Motion No. 3575/2019 is dismissed.
Adv. for plaintiff tendered application for continuation of ad-interim order, TOR and marked as Exh.2. O - Other side to say.
Adv. for deft. has given say on Exh.2 overleaf.
Heard arguments of both sides on Exh.2.
Following order is passed on Exh.2 -
O R D E R
The plaintiff filed this application for extension of ad-interim order dated 19/9/2019. It is contended that this Court dismissed Notice of Motion. The plaintiff intends to challenge the order before the Hon\''ble High Court. If, ad-interim relief is not extended there is every possibility of removal of structure by defendant. Sometime is required to approach Hon\''ble High Court. In the meantime, it is necessary to extend ad-interim relief.
Learned counsel for the Corporation opposed application contending that notice has been issued under Section 314 of the M.M.C. Act. Structure is required for road widening and due to interim injunction project is affected.
Heard learned counsel for the parties.
Notice of Motion has been dismissed. The plaintiff intends to challenge order before the Hon\''ble High Court. An appeal is a statutory right of a party dissatisfied with order. There was interim injunction during pendency of Notice of Motion. Therefore, considering fats of case I pass following order -
O R D E R
1. Application exhibit-2 is allowed.
2. Earlier order to continue for a period of two weeks.
Adjd. to 21/09/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: None for plaintiff.
Adv. Patil h/f Adv. Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Deft. Corporation has already filed N/M reply cum W/S, TOR and today marked as Exh.2.
Adjd. to 05/11/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2022

Date: 21-09-2022
Business: None for plaintiff.
Adv. Patil h/f Adv. Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Deft. Corporation has already filed N/M reply cum W/S, TOR and today marked as Exh.2.
Adjd. to 05/11/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
Counsel Adv. Gajanan Shinde for defendant/ BMC is present and tendered draft issues, TOR.
Adjd. to 18/02/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None for plaintiff.
Counsel Adv. Ekta Mistry i/b. Adv. Gajanan Shinde with Mrs. Mhatre for defendant/ BMC is present.
Exh.3 - Issues are framed.
Adjd. to 27/06/2023 for list of witnesses/R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and seeks time to file evidence. Hence time is granted.
Adv. Ekta Mistry i/b Adv. Gajanan Shinde a/w Advocate Mhatre for defendant/BMC present.
Adjd to 24.08.2023   for  Plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Advocate Pathak h/f kudalkar for plaintiff present and submitted that evidence affidavit is not ready and seeks time to file evidence. Hence time granted.
Advocate Mhatre for defendant/BMC present.
Adjd to 12.10.2023  for Plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None present for plaintiff.
Counsel Adv. Gajanan Shinde a/w Advocate Mhatre for defendant/BMC present.
Suit is today kept for evidence of plaintiff but none present for plaintiff. Hence matter adjourned and kept for dismissal of Suit
Adjd  to  21.10.2023    for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for plaintiff.
Counsel Mr. Gajanan Shinde with Mrs. Mhatre for defendant/BMC present
K.B.
Later on : At 12.30 p.m.
Same appearances.
Adv. Mr. Gajanan Shinde for B.M.C. filed a copy of order dated 26/7/2023 passed by the Honourable High Court in AFO No.823/2022 alongwith Pursis below exhibit-4. The Honourable High Court disposed of suit. Hence same be removed by Case Information System (C.I.S.).
Nature Of Disposal: OTHER
Disposal Date: 21-10-2023

NOTICE OF MOTION/103575/2019

Registration Number: 102448/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109843/2019
Filing Date: 11-09-2019
First Hearing Date: 19th September 2019
Decision Date: 21st October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE