Date: 11-09-2019
Business: Adv. Ms.Sarita Donde for plaintiff present and tendered registered original N/M. No.3386/19 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 for 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: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 22.04.2020 for NM reply.
L.O.
Adv.Savita Donde for plaintiff present.
Earlier order, if any, to continue till next date.
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 undertake 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.
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 29/10/2021 for NM 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 and tendered draft CS. Leave is granted to register the CS.
Copy is served to defendant/MCGM.
Adv. Mrs. Tondwalkar for defendant/MCGM presentand given say on draft Ch/s 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 and tendered original registered Ch/s No.36/2022 along with affidavit in support thereof. TOR.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard both sides on Ch/s No.36/2022.
K.B. for order on Ch/s No.36/2022.
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 51.94 sq.ft by (55x74) by 108.87 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. The plaintiff has filed on record the survey receipt and document issued by the defendant / MCGM therein it shows the plaintiff possessed the area of 108.87 sq.mtr inspite of 51.94 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.36/2022 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.36/2022 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 Suryawanshi 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 adjourned matter for taking instruction about the alternate accommodation.
Earlier order, if any, to continue till next date.
Adjd to 18.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Advocate J.S.Yadav for plaintiff present and tendered rejoinder. TOR Copy is supplied to defendant.
Advocate Suryavanshi for defendant/BMC present.
Keep back for NM Hearing.
L.O. 5.10 p.m.
Same appearance.
As court is busy in recording evidence and other suit. Due paucity of time matter adjourned.
Adjd to 28.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Advocate J.S. Yadav h/f B. P. Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Heard argument of both sides on Notice of Motion No. 3386/2019
Adjd to 06.09.2023 for Order on NM No. 3386/2019
Next Purpose: NM ORDERS
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 25/9/2023 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Mrs. Dubey h/f. Mr. Shukla for plaintiff present
Adv. Mr. Suryavanshi for defendant/B.M.C. present
F.R.S.R. following order is passed on N/M. No.3386/2019
ORDER
Notice of Motion No.3386/2019 is dismissed.
Adjd to 3/1/2024 for hrg. on issues/draft issues.
Judge
L.O. at 03.50 p.m.
Adv. Mrs. Dubey for plaintiff present and filed application for continution of ad-interim relief marked as Exh.5-Other side to say-Say filed by B.M.C.
Order below Exh.5
. The plaintiff filed this application for continuition of ad-interim relief, as the plaintiff want to challenge order rejecting Notice of Motion.
2. Advocate for BMC submitted that ad-interim protection was till preparation of Annexure-II by BMC and the Corporation has prepared Annexure-II on 15/1/2020 and, therefore, the plaintiff is not entitled for continution of ad-interim relief.
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 the order -
O R D E R
Defendant/B.MC. Shall not take coercive action for a period of 2 weeks from the date of uploading of order of Notice of Motion on the official Website.
Nature Of Disposal: DISMISSED
Disposal Date: 25-09-2023