Date: 13-09-2019
Business: Adv. Mrs. R.M.Hazare for Deft 1 to 3/MCGM present.
None for defendant no. 4.
K.B. L.O. at 3.30 p.m.
Adv. Kalanke for plaintiff present and tendered original N/M no. 3395 of 2019
On oral request of ld adv for plff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 24.09.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. J.S. Kalanke for plff. present and tendered original Ch/sum No.1809/19 alongwith supporting affd.
Adv. Hazare for MCGM/Deft. present and given say on the Ch/sum.
Earlier order, if any, to continue till next date.
Adjd to 05.12.2019 for hearing on Ch/sum.
Next Purpose: C/S HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: (In-charge Court of C.R. No.8)
Adv. J.S. Kalanke for Plaintiff present.
None for Defendants
Earlier order, if any, to continue till next date.
Adjd. to 28/01/2020 for C/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. J.S. Kalanke for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. No. 1 to 3 present and filed reply to N/m cum W.S. t.o.r. and marked as Exh.3.
She also filed compilation of documents, t.o.r. and marked as Exh.4. Copies are served to other side.
None for Defendant No.4.
Earlier order, if any, to continue till next date.
Adjd to 19/03/2020 for N/m and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: (I/c of Court Room No.08)
None for Plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Matter adjd. to 09.06.2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None for Plaintiff.
Adv. Mrs. Smita Chavan h/f. Adv. Hajare for Defendant/MCGM
present.
Matter adjd to 22/10/2020 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None for plaintiff.
None for defts.
Earlier order, if any, to continue till next date.
Matter adjd to 02/03/2021 for Hearing on NM and Ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. J. S. Kalanke for plaintiff present and requests for time to argue the NM. Time is granted till next date.
Adv. Ms. Hajare for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 07/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv Kalanke for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Copy of reply is served on plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 09/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. J.S. Kalanke for Plaintiff present.
Adv. Chavan for Defendant Nos. 1 to 3/MCGM present.
None for Defendant No.4.
Defendant No.4 failed to file reply to Ch/s., hence, \''No say order\'' in Ch/s. passed against them.
K.B.
L.O.
Heard both sides on Ch/s. No. 1809/2019.
Earlier order, if any, to continue till next date.
Matter is adjd to 14/12/2021 for order on Ch/s. No.1809/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None for plaintiff.
Adv. Smita Chavan for defendant Nos.1 to 3 / MCGM present.
None for defendant No.4.
Order on Chamber Summons No.1809/2019
Perused Chamber Summons, reply filed by the defendant Nos.1 to 3 / MCGM. Heard both the advocates at length.
The advocate for the plaintiff submitted that while mentioning the description of the property, the plaintiff has mentioned that “admeasuring as shown in sketch without permission of competent authority”. The plaintiff wants to delete or erase the above said pleading because of the this amendment, the nature of the Suit will not be changed. It is a typographical mistake and can be cured at any time. In this respect, the advocate for the plaintiff relied on the decision in the case of Baldhir Kaur V/s. Punjab State Power Corporation Ltd. 2020 (3) Pubjab Law Reporter – 0006. The advocate for the plaintiff further submitted that even amendment can be sought for adding alternative relief, it will curtail multiplicity of legal proceeding. In this respect, the advocate for the plaintiff relied on the decision in the case of Chinnapareddy Subba Reddy V/s Chinapareddy Srinu and Others in Civil Revision Petition No.1773/2012 -MANU/AP/0974/2012.
The advocate for the defendant Nos.1 to 3 / MCGM submitted that plaintiff is trying to improve the case and for amendment which is in the nature of filling up the lacunas in the plaint. Hence prayed for rejection of the Chamber Summons.
On going through the Chambers Summons, it reveals that the plaintiff wants to delete the certain words in the description of the property. Because of the amendment, nature of the Suit will not be changed. So also, there is no new facts brought on record by the plaintiff but it is a clear mistake committed by the plaintiff while drafting the plaint. It is purely typographical mistake, therefore, it can be cured. Considering this, I pass the following order
ORDER
1. Prayer clause (a) in Chamber Summons No.1809/2019 is allowed.
2. Plaintiff is directed to carry out amendment within stipulated period.
3. Chamber Summons No.1809/2019 is disposed off accordingly.
Adjd. To 05/02/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
Matter is adjd to 05.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: CORAM H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv Kalanke for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Kalanke for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Smita Chavan for defendant Nos. 1 to 3/ MCGM is present.
None for deft. No. 4.
Earlier order, if any, to continue till next date.
Adjd. to 19/07/2022 for compliance/N/M hrg.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Kalanke for plaintiff present.
Adv. Mrs. Chavan for defendant Nos. 1 to 3/ MCGM is present.
None for deft. No. 4.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/09/2022 for compliance/N/M hrg.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Kalanke for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant Nos.1 to 3/ BMC is present and submitted that concerned Adv. of T-ward is absent. Hence, requested time. Granted.
None for deft. No. 4.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: CORAM H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. J. S. Kalanke for plaintiff present.
None for defendant Nos.1 to 3/ BMC.
None for deft. No.4.
Earlier order, if any, to continue till next date.
Adjd. to 06/12/2022 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Plaintiff present, his advocate absent.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present.
None for deft. No.4.
K.B.
L.O.
Adv. J. S. Kalanke for plaintiff present.
Rest of the same appearance.
Heard Adv. for plaintiff on N/M No.3395/2019.
Adv. for deft. Nos.1 to 3/ BMC requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20/12/2022 for N/M hrg. by defts.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022
Date: 20-12-2022
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. J. S. Kalanke for plaintiff present. Plaintiff is also present.
None for defendants no. 1 to 3/ BMC.
None for Defendant No.4.
Earlier order, if any, to continue till next date.
Adjd. to 21/01/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2023
Date: 21-01-2023
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. Girish Pawar h.f. Adv. Kalanke for plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. to 04/02/2023 for NM hearing by defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. J. S. Kalanke for plaintiff present.
Adv. Mrs. Chavan for defendant Nos.1 to 3/ BMC is present and requested time to argue on N/M. Time is granted till next date.
None for defendant No.4.
Earlier order, if any, to continue till next date.
Adjd. to 14/02/2023 for N/M hrg. by defendant/ BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Plaintiff present, his advocate absent.
Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant Nos.1 to 3/ BMC is present and requested time to argue N/M. Time is granted till next date.
None for defendant No.4.
Earlier order, if any, to continue till next date.
Adjd. to 16/03/2023 for N/M hrg. by defendant/ BMC.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: None for plaintiff.
Adv. Mhatre for defendant no. 1 to 3/ BMC is present
None for defendant no.4.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned.
Adjd. to 18/04/2023 for hearing on defendant by BMC.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for Defendant no.1 to 3 /BMC present.
Adv. Hema Sharma for defendant No.4 present.
Mr. Devendra V. Pawar, Junior Engineer. (D and F) T ward present.
K.B.
L.O.
Adv. Kalanke for plaintiff present.
Rest of the same appearance.
Due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 06.06.2023 for N.M. P/H.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Adv. J. S. Kalanke for plaintiff present.
Adv. Ms. Mhatre for defendant No. 1 to 3/ BMC is present.
None present for defendant No. 4
Keep back
L.O. 4.57 p.m.
same appearance
Heard argument of both sides on NM.
Earlier order, if any, to continue till next date.
Adjd. to 17.06.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: Advocate J.S. Kalanke for plaintiff present.
Adv. Manisha Bhosale for defendant No. 4 present.
Advocate Suryavanshi for defendant/BMC present.
FRSR following order passed on Notice of Motion NO.3395/2019
ORDER
1. Notice of Motion No. 3395/2019 is made absolute in terms of prayer clause (a)
2. Defendant/BMC is temporarily restrained from implementing second notice till decision of suit.
3. Defendant BMC is at liberty to issue fresh second notice as per the directions given by the Honble High Court in Sopan Maruti Thopates case.
Adjd to 14.09.2023 for WS of defendant No. 4
Nature Of Disposal: ALLOWED
Disposal Date: 17-06-2023
