Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Mukesh Dubey for plaintiff present
Adv. Abhishek Khandelwal for applicant present and tendered V/P,t.o.r.Exh-2, he also tendered draft ch/s along with affidavit in support. Leave to register is granted for ch/s. Copy be served to other side.
Adv. Khandagle for MCGM/Deft. present.
Adv.Farishta Menon forfor applicant present and tendered V/P,t.o.r.Exh-3, he also tendered draft ch/s along with affidavit in support. Leave to register is granted for ch/s. Copy be served to other side. Copy be served to other side.
Earlier order, if any, to continue till next date.
Matter adjd to15.04.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
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: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: due to lockdown
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: SERVICE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 26/02/2021 for Service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 23/04/2021 for Service of Ch/s/NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Rupesh Gite for applicant in CH/S Nos.742/2021 and 743/2021 present and tendered registered CH/S Nos.742/2021 and 743/2021 along with affidavits in support thereof. TOR.
Copies of the same are served to the plaintiff.
Adv for the applicant is requested for time to make minor corrections in above both Ch/s. Advocate for applicant is directed to make an application for the same on next date. Hence adjournment is granted.
Earlier order, if any, to continue till next date.
Adjd. To 13/08/2021 for steps by applicant / NM and Ch/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv Mukesh Dunbey h/f Adv S.K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Rupesh Gite for applicant in both Ch/s No.742/2021 and 743/2021, is present.
The advocate for the applicant has made an endorsement on Ch/s No.742/2021 and Ch/s No.743/2021 as \''\''Not Pressed\''\'' and prayed that leave be granted to him to file fresh Ch/s. Liberty is granted to file fresh Ch/s.
On oral request of advocate for defendant / MCGM to file reply to NM, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 20/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file NM reply. Time is granted till next date.
Adv Raksha Thakkar for applicant 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 upon plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 20/10/2021 for NM and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Advocate Mr. Dubey for plaintiff is present.
Advocate Tondvalkar for deft./MCGM is present.
Advocate Raksha Thakkar for applicant is present and tendered original C/S No.1200/21 along-with affidavit in support.
Today copy of C/S served on plaintiff and defendant/MCGM.
Advocate Sayali Dayalakar for applicant is present and tendered original C/S No.1201/21 along-with affidavit in support.
Today copy of C/S served on plaintiff and defendant/MCGM.
Earlier order, if any, to continue till next date.
Adjourned for reply to NM and C/S to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Mr.Mukesh Dubey present for the plaintiff.
He tendered reply to CS Nos.1200/21 and 1201/21 TOR. Copies are served to other side/ applicant.
Adv Mrs. Tondwalkar for Defendants/ MCGM present.
Adv Raksha Thakar for applicant in CS No.1200/21 present.
Adv Sayali Dayalkar for applicant in CS No.1201/21 present.
Adv for the defendant. MCM has given say on CS 1200/21 and CS 1201/21 it self.
Matter adjourned for hearing on both CS.
Earlier order, if any, to continue till next date.
Matter is adjd to 02.02.2022 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
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.
Adjd. to 04/03/2022 for NM and CS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Mukesh Dubey h/f Adv S.K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Yashshri Mundhe for applicant in Ch/s No.1200/2021.
None for applicant in Ch/s No.1201/2021.
Heard both the sides at length on Ch/s No.1200/2021.
Adjd. to 11/03/2022 for order on Ch/s No.1200/2021 / hearing on Ch/s No.1201/2021..
L.O. at 4.10 p.m.
Adv Mr Pratik I/b A and P partners for applicant in Ch/s No.1201/2021 is present.
Already adjd. to 11/03/2022 for order on Ch/s No.1200/2021 / hearing on Ch/s No.1201/2021..
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adv Pratik I/B M/S A.P. Partners for applicant in Ch/s No.1201/2021 present.
Adv Yashshri Mundhe for applicant in Ch/s No.1200/2021 present.
K.B.
L.O. at 5.00 p.m.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 21/03/2022 for order on Ch/s No.1200/2021 and hearing on ch/s no.1201/2021 and NM hearing.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adv Pratik for applicant in Ch/s No.1201/2021 present.
None present for applicant in Ch/s No.1200/2021.
K.B. for order on Ch/s No.1200/2021
L.O. at 5.00 p.m.
Order in Ch/s No.1200/2021
1. The prayer clause (a) in Chamber Summons No.1200 of 2021 is dismissed.
2. Chamber Summons No.1200 of 2021 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. To 20/04/2022 for hearing on Ch/s No.1201/2021 /NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv Mukesh Dubey for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adv Pratik for applicant in Ch/s No.1201/2021 present.
None present for applicant in Ch/s No.1200/2021.
Earlier order, if any, to continue till next date.
Adjd. To 24/06/2022 for hearing on Ch/s No.1201/2021 /NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adv. Pratik I/b M/s A. P. Partners for applicant in Ch/S No. 1201/2021 present.
K.B.
L.O. at 04.00 p.m.
Same appearance.
Heard arguments of both sides on Ch/S No. 1201/2021.
Earlier order, if any, to continue till next date.
Adjd. to 27/06/2022 for order on Ch/S No. 1201/2021.
Next Purpose: ORDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to reply on N/M. Time is granted till next date.
Adv. Sayali Dayal h/f Adv. Pratik i/b M/s A. P. Partners for applicant in Ch/S No. 1201/2021 present.
F.R.S.R following order is passed on Ch/S No. 1201/2021-
O R D E R
1. Ch/S No. 1201/2021 is dismissed.
2. Cost in cause.
Earlier order, if any, to continue till next date.
Adjd. to 17/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 07/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None for plaintiff.
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 28/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Mukesh Dubey for plaintiff present.
None for defendant/ BMC.
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: Court is busy in hearing urgent ad-interim matters, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Mr. Suryavanshi 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 05/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Suryavanshi for defendant/ BMC is present and requested for time for filing reply to Notice of Motion. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 28.06.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to Notice of Motion. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 25.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. Dubey for plaintiff present
Adv. Mr. Suryavanshi for defendant/B.M.C. present and requested time to file reply to N/M.
Interim relief to continue till then
Adjd to 8/1/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Plaintiff present and his Adv is absent.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 31.01.2024 for NM Reply
Later on 3.26 p.m
Adv Mukesh Dubey for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 15.03.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Advocate Mukesh Dubey h/f Dubey for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 21.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Mr. Dubey for plaintiff present
Adv. Mrs. Vyawahare for B. M. C. requested time to file NM reply-Granted as a last chance as suit is of 2019
Earlier order to continue till next date.
Adjd. to 22/7/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 14.08.2024 for NM reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance in the interest of justice.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as matter is five years old.
Earlier order, if any, to continue till next date.
Adjd to 04.11.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff present and hi adv is absent.
Advocate Honmane for defendant/BMC present.
Matter is of year 2019. on previous two occasion last chance has been granted but inspite of that BMC has not filed reply to NM. Hence no say order passed against def/BMC. Matter adjourned for NM Hearing
Earlier order, if any, to continue till next date.
Adjd to 06.12.2024 for NM hearing ( without reply )
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2024
Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Mukesh Dubey for plaintiff present.
Advocate Honmane for defendant/BMC present.
As Court is busy in NM Orders, hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 22.01.2025 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Heard both the sides on NM. The Court is busy in ad-interim hearing and urgent matters.
Earlier order, if any, to continue till next date.
Adjourned for NM Order to 29.01.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Ms. Honmane for defendant/MCGM is present.
Following Order passed in NM No. 3525/2019.
01. Considering the rival submissions, at the outset, it is worth to be noted that to establish his claim, the plaintiff filed the copy of GR at Exhibit B, declaring CTS No. 1505 as Slum, and the copies of Electricity Bill, Ration Card, etc. to fortify his long possession. The record further goes to show that since beginning, he posed himself as occupier of the suit premises viz. Room No. 6, at CTS No 1505. However, it appears that the notice dtd. 18.05.2018 and the Order dtd. 24.06.2019 were addressed to the structure at CTS No.1505A. This was the observation recorded even at the time of passing of ad-interim relief dtd. 29.06.2019 and, accordingly, it was observed that the defendant/MCGM will have to verify the correctness of the said notice. However, the fact remains that even after affording of sufficient opportunities, as the defendant failed to contest this NM, it proceeded ahead in absence of its reply by Order of 04.11.2024. Thus, there is no change in the scenario prevailing while passing of ad-interim relief. In the circumstances, I feel it just and appropriate to continue with the said Order till the defendant follows the due process of law. Needless to say that if the structure is allowed to be demolished, the very cause for filing this suit would be frustrated. More so, until the above referred passion is clarified, demolition of the structure would also be unwarranted. Hence, the Order:
01. Notice of Motion No. 3525/2019 is made absolute in terms of prayer clause (a), till the defendant follows the due process of law.
02. Notice of Motion No. 3525/2019 is, accordingly, disposed of.
Adjourned for WS to 28.03.2025.
Nature Of Disposal: ALLOWED
Disposal Date: 29-01-2025
