Date: 11-09-2019
Business: Adv. Ms.Sarita Donde for plaintiff present and tendered registered original N/M. No.3385/19 along with affidavit in support. T.O.R.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Heard both sides on Ad-Interim relief.
ORDER
Perused plaint, N/M. and heard both sides. Ld. Adv. for the plaintiff submits that after the issuance of notice dated 12/07/2019, the plaintiff has submitted reply along with documents to defendant/MCGM and officers of latter are threatening to demolish the suit premises without deciding eligibility or otherwise of the plaintiff for compensation/permanent alternate accommodation. Considering above apprehension supported by documentary evidence, the plaintiff is entitled for Ad-Interim relief. Hence Ad-Interim relief is granted till preparation of Annexure-II by defendant/MCGM after deciding eligibility of plaintiff for compensation/permanent alternate accommodation.
Adjd. to 18/12/2019 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Plaintiff present.
Adv. sarita Donde for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 22.04.2020 for Nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020
Date: 13-05-2020
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: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 12/03/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 05/05/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv B.P. Shukla for plaintiff present and undertakes to file Vakalatnama on next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is 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 24/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv Yadav for plaintiff present and tendered draft Ch/s alongwith affidavit in support thereof. TOR. Leave is granted to register the Ch/s, returnable on next date. Copy is served to other side.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM and Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 29/10/2021 for NM and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Yadav h/f. Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to10/12/2021 for NM and Ch/s. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv Yadav for plaintiff is present.
Adv Mrs Mhatre h.f. Adv. Tondwalkar for defendant / MCGM present and requests for time to file reply to NM and CS. Time is granted till next date.
Plaintiff is directed to tender original Ch/s. alongwith affidavit in support on next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 22/12/2021 for CS and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Yadav h/f adv. B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/MCGM present and given say on Ch/s 1191//21 itself.
Earlier order, if any, to continue till next date.
Matter is adjd to 14/1/2022 for Ch/s hearing/NM reply.
Next Purpose: C/S HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
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 23/02/2022 for Ch/s hearing/NM reply.
Next Purpose: C/S HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv Ravindra Singh h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard both sides on Ch/s No.1191/2021.
K.B. for order on Ch/s No.1191/2021.
L.O.
L.O. at 3.40 p.m.
Perused Ch/s, affidavit in support thereof, reply filed by the defendant.
Heard both advocates at length.
By way of this Ch/s, the plaintiff wants to correct the description of the suit property. More particularly plaintiff wants to replace the word 55.74 sq.ft by (55x74) by 55.74 sq.mtrs.
The advocate for the defendant strongly opposed the Ch/s by submitting that plaintiff has not filed on record any documentary evidence in supports of its contention that the suit property i.e. Zopdi No.06 having huge additional area.
I have gone through the documents filed on record by the plaintiff. Plaintiff has filed on record the survey receipt and document issued by the defendant / MCGM therein it shows the plaintiff possessed the area of 55.74 sq.mtr inspite of 55.74 sq.ft. However, by this amendment neither the nature of the suit will change nor any injustice will cause to the defendant / MCGM. It is a clearly error and typographical mistake can be cured by way of amendment. So considering the nature of amendment, it needs to be allowed for final adjudication of the matter. Considering this, I pass following order
ORDER
1. Ch/s No.1191/2021 is made absolute.
2. The plaintiff is directed to carry out the amendment on or before next date and serve the copy of amendment upon the defendant.
3. Ch/s No.1191/2021 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. to 09/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is 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 18/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv Mukesh Dubey h/f Adv B.P. Shukla for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to carry out the amendment till next date.
Earlier order, if any, to continue till next date.
Adjd. To 08/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and seeks time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 10/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 28/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 21/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 25/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply to N/M cum W/S and list of documents, TOR and marked as Exh.2 and Exh.3 respectively. Copies are served to other side.
Earlier order, if any, to continue till next date.
Adjd. to 22/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Sunita Dubey submitted that she undertakes to file V/P on behalf of the plaintiff on next date. Hence, requested for adjournment.
Adv. Mr. Suryavanshi for defendant/ BMC is present and opposed for adjournment submitting that this is road widening project. However, as a last chance time granted, if plaintiff not argue N/M on next date, necessary order will be passed as matter pertains to public project.
Earlier order, if any, to continue till next date.
Adjd. to 10/03/2023 at 01.00 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Sunita Dubey h/f Adv. Sarita Donde for plaintiff present and tendered V/P, TOR and marked as Exh.4 and also requested time to argue on N/M. Adv. for deft./ BMC submitted that conditional order may be passed. Hence, time is granted till next date as a last chance.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. J.S.Yadav for plaintiff present.
Adv. Suryavanshi for defendant/BMC present.
Matter be referred to National Lok Adalat will be held on 30.04.2023.
Both parties are directed to remain present on 30.04.2023 before National Lok Adalat at 10.30 a.m.
Earlier order, if any, continue till next date.
Matter adjd for Lok Adalat to 30.04.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
Adv Dubey present for plaintiff.
Advocate J. V. Mhatre a/w Adv Surywanhi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 10-07-2023
Panel Head Panel Member
HHJ Smt. A.H. Kashikar Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Advocate J.S. Yadav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Keep back
L.O.
same appearance
Court is busy in hearing urgent ad-interim matter and NM hearing. Due to paucity of time matter adjourned.
Earlier order, if any, to continue till next date.
Adjd to 31.07.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Advocate B.P. Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and requested to adjourn matter for taking instruction about the alternate accommodation.
Earlier order, if any, to continue till next date.
Adjd to 23.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Advocate J.S.Yadav for plaintiff present and submitted that plaintiff is eligible for altrenate accomodation as per the annexture II.
Advocate Suryavanshi for defendant/BMC present and submitted that they have written letter to Assistant Commissioner Market Department to asking availability of the alternater accomodation which is to be provided to the plaintiff. Hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd to 06.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Yadav h/f. Mr. Shukla for plaintiff present
Adv. Mr. Suryavanshi for defendant/BMC present
Earlier order, if any, to continue till next date
Adjd. to 18/10/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present and submitted that
Advocate Suryavanshi for defendant/BMC present
on request of both the parties matter adjourned for NM Hearing
Earlier order, if any, to continue till next date.
Adjd to 22.11.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Advocate J.S. Yadav h/f Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and requested to keep back the matter as officer is on the way. Hence kept back.
Later on. 4.50 p.m.
Same appearance
Shri. Hansraj Pralhad Kale-Patil, Jr. Engineer, (Civil), M- East Ward for BMC present.
Heard argument of Adv for deft/BMC and partly rejoinder argument of Adv for plaintiff in NM.
Earlier order, if any, to continue till next date.
Adjd to 13.12.2023 for further rejoinder Argument of plaintiff in NM.
Next Purpose: NM P.H.
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: Advocate Mr. Yadav for plaintiff present.
Advocate Mr. Suryavanshi for defendant/BMC present.
Heard rejoinder arguments of learned advocate for plaintiff
Earlier order, if any, to continue till next date.
Adjd. to 22/12/2023 for order.
Next Purpose: NM P.H.
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: Adv Rajnish Dubey h/f B.P. Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
It appears that argument of both the parties have been heard but matter is wrongly shown in caption of Part heard NM. Hence matter adjourned and kept for order on NM.
Earlier order, if any, to continue till next date.
Adjd to 15.01.2024 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Advocate J.S. Yadav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
As Court is busy in ad-interim hearing, due to paucity of time, matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 24.01.2024 for NM ORder
Next Purpose: NM ORDERS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Advocate Sagar Chaurasia h/f Shukla for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
F.R.S. R. following order is passed on Notice of Motion No. 3385/2019
ORDER
Notice of Motion is dismissed
Later on
Adv for plaintiff tendered application for continuation of earlier order marked as Exh. 5. O-Other side to say
Adv for deft/BMC has given say on Exh. 5 overleaf.
Heard argument of both sides on Exh. 5.
Order below Exh.5
1. The plaintiff filed this application for continuation of earlier order dated 11.09.2019, as the plaintiff intends to challenge order rejecting Notice of Motion.
2. Advocate for BMC opposed 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.
By order dated 11.09.2019 ad-interim protection was granted till the preparation of annexure-II said order was continued during pendency of NM. An appeal is the statutory right of an aggrieved party. The ad-interim protection was continue during pendency of Notice of Motion. Hence the order -
O R D E R
Defendant/B.MC. Shall not take coercive action for a period of Three weeks from the date of uploading of order of Notice of Motion on the official Website.
Adjd to 06.04.2024 for Hearing on issues.
Nature Of Disposal: DISMISSED
Disposal Date: 24-01-2024