Date: 20-09-2019
Business: As Court is busy in hearing NM in suit no. 1014/09, 1016/09 and in hearing ad-interim matter in suit no. 2474/19 also in dictating orders in suit no. 598/16 and 1417/09, the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 18.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: (In charge Court to C.R. no.11)
Adv. S.M. Nadkarni for plaintiff present.
Adv. Mr. Giri for deft/MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 06.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Mr. Khaire for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM present, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 10.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Mr. Khaire for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM, prayed for adjd to file reply.
Mr. Saigal, Deft no.2 present, prayed for adjd to file reply as his lawyer is hospitalize.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 01.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: None present for Plaintiff.
NM 3480/19 Adv. Ms. Mhatre for Defendant No. 1/BMC present and seeking time to file reply.
On oral request of advocate for Defendant No. 1 matter adj. to 15/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: In view of office order no. 07/2022 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.
Adv. Ms Mhatre for defendant/MCGM is present.
Adjourned for nm reply to 03.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: PO is on training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv. Mr. Khaire for the plaintiff is present and filed withdrawal pursis along-with copy of mail. TOR. It is marked at Exh.03.
O-Filed. Other side to say, if any. The plaintiffs are called upon to remain present on the next date.
He also filed original registered NM No. 3480/2019 along-with affidavit. TOR.
Adv. Ms. J.V. Mhatre for defendant No.1/MCGM is present.
Husband of defendant No. 2 is present.
Adjourned for say exhibit 03/NM reply to 19.07.2022.
Next Purpose: REPLY
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Plaintiff No. 1 in person is present. He filed the letter as regards absence of plaintiff No.2. TOR. It is marked at Exh.04. He submitted that this letter bears signature of his wife - plaintiff No. 2 and the plaintiffs do not wish to continue with the suit. As such, they filed the application for withdrawal.
Adv. Mr. Khaire for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present and endorsed say on application Exh. 03.
Mr. Brij Sehgal husband of defendant No. 2 is present. He filed the application for compensation on withdrawal of the suit. TOR. It is marked at Exh.05. Copy is supplied to the plaintiff. He submitted that this application may also be treated as his reply to the application for withdrawal exhibit 03.
Mr. Sachin Walve, SE, Building Proposal department, \''S\'' Ward is present.
Adjourned for say on exhibit 05/hearing to 23.08.2022.
Next Purpose: REPLY
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Mr. Khaire for the plaintiff is present and filed reply on exhibit 05. TOR. It is marked at Exh.06. O-Filed. Copy is supplied to the other side.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present.
Adv. Mr. Suraj Gaikwad for defendant No.2 is present.
Adjourned for common hearing on the application exhibit
Nos. 3 and 5 to 27.09.2022.
Next Purpose: HEARING
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Khaire for the plaintiff is present.
Adv. J.V. Mhatre for defendant No. 1/MCGM is present.
Husband of defendant No. 2 in person is present and filed the application for adjournment. It is marked at Exh. 07 O- Other side to say.
KB LO at 03:52 pm.
Advocate for the plaintiff endorsed say on application exhibit 07.
None present for defendant No. 2.
Order below exhibit No. 07:
Perused the application and say. Heard learned advocate for the plaintiff. Considering the personal reasons of the advocate, the matter is adjourned shortly with direction to proceed further on the next date. In default, the consequential order to follow.
Adjourned for hearing on the application exhibit 03 and 5 to 18.10.2022.
Next Purpose: HEARING
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Khaire for the plaintiff is present.
Adv. J.V. Mhatre for defendant No. 1/MCGM is present.
Adv. Heramb Pawar is present and filed VP for defendant No. 2. TOR. It is marked at Exh.08. O- Filed. He also application for adjournment. It is marked at Exh. 09 O- Other side to say
KB LO at 03:24 pm.
Advocate for the plaintiff filed say on exhibit 09.
O-Heard both the sides. Today itself, the advocate appeared on behalf of defendant No.2 and he is not in a position to proceed with the matter. In the result, the matter is adjourned shortly as a last chance. In default, the consequential order to follow.
Adjourned for hearing on exhibit No. 3 and 4 to 15.11.2022.
Next Purpose: HEARING
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Mr. Khaire present for the plaintiff.
Adv. Ms. J. V. Mhatre for defendant No. 1/MCGM is present.
None present for defendant No.2.
Advocate for the plaintiff is heard on the applications Exhibit Nos. 3 and 4. To avoid further delay, they are closed for Orders.
Adjourned for Orders Exhibit Nos. 3 and 4 to 08.12.2022.
Next Purpose: ORDER
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present. She informed that this matter is pending for Order on withdrawal.
Adv. Mr. Paranjpe h/f Adv. Heramb Pawar for defendant No. 2 is present and filed the application for issuance certain directions. TOR. It is marked at Exh.10. He informed that the copy of this application is already served on the other sides. O- Other side to say.
Adjourned for say on exhibit 10/Order on exhibit Nos. 3 and 4 to 05.01.2023.
Next Purpose: REPLY
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: P.O. is on Leave
Next Purpose: REPLY
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: PO is on leave
Next Purpose: REPLY
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Mr. Khaire for the plaintiff is present and filed the reply on exhibit No. 10. TOR. It is marked at Exh.11. O-Filed. He informed that copy of this reply is already served on the other side.
Adv. Mr. S.C. Khandagale for defendant No. 1/MCGM is present.
Defendant No. 2 is present in person.
Adjourned for hearing on exhibit 10/Order on exhibit 3 and 4 to 05.04.2023.
Next Purpose: HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO is on leave
Next Purpose: HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Mr. Khaire for the plaintiff is present.
Adv. Mrs. Smita Chavan for defendant No. 1/MCGM is present.
Adv. Mr. Paranjape for defendant No. 2 is present. He requested time to make oral submissions. Time is granted strictly as a last chance.
Adjourned for hearing on Exh. Nos. 3, 4 and 10 to 22.06.2023.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Adv. Mr. Khaire for the plaintiff is present.
Adv. Ms. S.S. Chavan for defendant No.1/MCGM is present.
Adv. Mr. S.K. Pranjpe h/f Adv. Mr. Pawar for defendant No.2 is present. He submitted that he would required at least 15 minutes to argue the matter. Considering today’s board, the parties are requested to file their written submissions on all the pending applications.
Adjourned for common written submissions to 04.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Adv. Mr. Khaire for the plaintiff is present. He submitted that he may be taken as heard and his reply/application may be treated as his written submissions.
Adv. Ms. S.S. Chavan for defendant No.1/MCGM is present.
Defendant No.2 is present in person and filed application for adjournment. TOR. It is marked as Exhibit 12. O- Other side to say.
Say filed. Heard. O - Considering the personal reason of advocate, the matter is adjourned shortly. Defendant No.2 submitted that she would informed the advocate to file medical certificate, if possible.
Adjourned for written submissions by defendant No.2 to 13.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Mr. Khaire for the plaintiff is present.
Adv. Mr. G.O. Giri h/f Adv. Ms.S.S. Chavan for defendant No.1/ MCGM is present.
Adv. Mr. Dinesh Sonawane a/w Adv. Mr. Pranjape is present and file V/P for defendant No.2. TOR. It is marked as Exhibit 13.O- Filed. He also file written arguments on the application dtd.18.11.2022. TOR. It is marked as Exhibit 14. He is called upon to verify the said application to make the statement. On his request, it is kept back.
LO at 3.15
None present for defendant No.2. Rest appearance is as above.
Sufficient time is already granted to file written submissions on all pending applications. Hence, the matter is closed for Orders on pending applications. The parties to note.
Adjourned for Orders to 01.08.2023.
Next Purpose: ORDER
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. Mr. Khaire for the plaintiff is present.
Adv. G.O. Giri h/f Adv. Ms. S.S. Chavan for defendant No.1/MCGM is present.
Mr. Brij Sajgal CA of defendant No.2 is present in person.
The Court is busy in passing Order in Ch/s. No. 2180/2019.
Adjourned for Orders to 10.08.2023.
Next Purpose: ORDER
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Plaintiff No.1 is present in person.
Adv. Mr. Khaire for the plaintiff is present.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant No.1 /MCGM is present.
CA of defendant No.2 is present in person. His advocate is absent.
Order below Exhibit 5 :
01. Perusal the application, say of the plaintiffs and the record. By this application, defendant No.2 asked for compensation of Rs. 2 Lakh from the plaintiffs for their harassment by filling this suit. The plaintiffs resisted this application on the grounds that it is devoid of merits. Moreover, Testamentary Suit No. 213/2016 is also pending and defendant No.2 didn’t file even her stand in this matter. Having considered their submissions, at the outset, it is worth notable that the suit is at initial stage, where the defendant are yet to file their reply to NM and written statement. The matter is filled in 2019 and now the plaintiffs are proposing to withdraw the same as per pursis Exh.3. On this backdrop, at no point of time, defendant No.2 could establish her eligibility for compensation to the tune of Rs. 2 Lakh. In the result, the application Exh.5 stands rejected.
Order below Exhibit 10 :
01. Perusal the application say of the plaintiffs and written notes of defendant No.2. By filling this application, anxiety of defendant No.2 is bring on record that she learned that as soon as, the suit is withdrawn Officers of defendant No.1 would illegally regularize the illegalities committed by the plaintiffs and therefore, if the plaintiffs are allowed to withdraw this suit, direction be issued by defendant No.1 to afford chance of hearing to her before passing any order of regularization. Having considered the rival stands, it seems that the defendant No.2 already made various correspondence to defendant No.1, objecting the said regularization in favour of the plaintiff. It is notable that defendant No.1, being the Statutory Body, is having an exclusive domain to decide the said aspect of regularization justly. As such defendant No.2 is at liberty to exhaust the remedies legally available to her at the time of consideration of the said proposal for regularization. However, at this juncture, the alleged collusion isn’t readily inferred and therefore, no such ‘direction’ as sought for, can be issued against defendant No.1. In the result, the application filed at Exhibit 10 stands rejected.
Order below Exhibit 3:
01. Perused the pursis, the intimation Exh.4 of plaintiff No.2 and say-cum-applications Exh.5 and Exh.10 of defendant No.2. Heard. While deciding the application Exh.5, it is observed that defendant No.2 could not substantiate her eligibility for compensation of Rs. 2 Lakh. In the result, as the plaintiffs are not willing to proceed with the matter, they are permitted to withdraw the suit unconditionally. The suitable Order follows below Exh.1.
Order below Exhibit 1:
01. In view of the Order on the prusis (Exh.3) and the application for compensation (Exh.5), the suit stands disposed of as withdrawn unconditionally by the plaintiffs. All pending applications, along -with NM No. 3480 of 2019, are, therefore, disposed of as filed. The parties to bear their costs of this litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: OTHER
Disposal Date: 10-08-2023