Adil Qamar KhanVsMCGM

Date: 24-09-2019
Business: By precipe
Advocate for plaintiff is present and filed draft NM.
Advocate Mr. Dhumale for defendant/BMC present.
Officer Mr. Prasad Pedanekar, Sub Engineer, G/North ward present.
Advocate Prajot Jaggi for aplicant present and filed Vakalatnama at Exh. 02 alongwith draft C/S. Leave is granted to register C/S.
Adjourned for ad-interim hearing to 26.09.2019
                                                                           Judge
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Court is on leave
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Advocate for plaintiff present.
Advocate Mr. Dhumale for defendant/BMC present and filed reply  to C/S.
Advocate for applicant present and filed registered C/S No. 1740/19.
Adjourned for C/S hearing to 03.10.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Advocate for plaintiff is present and filed reply to C/S no. 1740/19.
Advocate Mr. Dhumale for defendant/BMC present.
Advocate for applicant present and filed compilation and judgments.
Heard arguments of both sides on C/S no. 1740/19.
Adjourned for C/S order to 10.10.2019.
                                                                           Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Dhumale for defendant/BMC is present.
Advocate for applicant present.
Adjourned for C/S Order to 16.11.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Dhumale for defendant/BMC is present.
Adjourned for C/S order to 10.12.2019.
                                                                               Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Advocate for plaintiff is present.
Advocate Mrs. Dhuri for defendant/BMC is present.
Advocate for applicant is present.
Adjourned for C/S orders to 17.12.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: None present for plaintiff.
Advocate Mr. Sutar for defendant/BMC is present.
Advocate for applicant is present.
Adjourned for C/S order to 28.01.2020.
                                                                               Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: None for plaintiff.
Advocate for applicant present.
Advocate Sutar for defendant/BMC present.
Adjourned for Rargument to 02/04/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
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: ARGUMENTS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None for plaintiff.
Advocate Dipali Patil for defendant/BMC present.
Adjourned for NM hearing to 14.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Advocate for plaintiff present.
Advocate for applicant present.
Advocate for defendant/BMC present.
Adjourned for NM Hearing to 11.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: None present for plaintiff.
Advocate Smt. Patil for defendant/BMC Present.
Advocate for applicant in Ch/sum is present.
Adjd for Ch/sum hearing to 03.09.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on Leave
Adjd for N/M Hearing to 12.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is on Leave
Adjd for N/M Hearing to 17.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for Applicant present.
Plaintiff is granted last chance to  argue Ch/s No. 1740/19
Adjd for Ch/s Hearing to  17.01.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
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.
Adjd for Ch/s Hearing  to 14.02.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present for plaintiff.
Advocate for Applicant present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Plaintiff is granted last chance to argue on  Ch/s 1740/2019
Adjd for Ch/s Hearing  to  04.04.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None present for plaintiff.
Advocate for applicant present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Issue notice to plaintiff on court motion.
Adjd for Ch/s  reply on 04/05/2022
Next Purpose: C/S  HEARING
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Advocate for plaintiff present.
Advocate for applicant present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for  Ch/s Hearing to  12.08.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Ch/s Hearing to  01.02.2023
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Advocate  B. P. Shukla alongwith J. S. Yadav for plaintiff present.
Advocate Prajot H. Jaggi a/w Advocate Daksha A. Parmar for applicant/Intervener present.
Advocate Smt. Deepali Patil for defendant/BMC present.
L.O. 3.48 p.m.
Heard argument of both sides on Chamber summons No. 1740/2019.
Adjd for Order on Chamber summons No. 1740/2019 to  01.03.2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Advocate Sunita Dubey h/f B.P. Shukla for plaintiff present.
Adv.. Daksha Parmar h/f Prajot for applicant present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
FRSR FOLLOWING ORDER PASSED on Chamber summons No. 1740/2019
                                                  ORDER
1. Chamber Summons No.1740/2019 is allowed in terms of prayer clause (a).
2.  The plaintiff is directed to implead applicant as party defendant 	in the suit within 14 days from the date of this order.
3.  Chamber Summons No.1740/2019 is disposed off.
Adjd for Compliance  to  19.06.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As presiding officer is on training, Matter  is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: None present for plaintiff.
Advocate Smt. Deepali Patil present for defendant/BMC.
Advocate Poonam Rajkuvar for applicant present.
Plaintiff fails to comply order dt. 01.03.23. Hence, Matter adjourned for necessary order to 15/09/23.
l.o. at 01.30 pm.
Advocate B. P. shukla for plaintiff presnet and filed application to extend the time to carry out amendment at Exh. 3.
O- Other side to say.
Advocate Smt. Deepali Patil present for defendant/BMC and filed reply to Exh. 03 itself.
Heard arguments on both side on Exh. 3.
O- Read application and say. Heard. Considering the grounds mentioned in the application, time to comply order is extended till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Advocate Abhishek Shukla holding for B.P. Shukla present for plaintiff and filed amended Copy of plaint.  Copy served.
Adv. Poonam Rajbhar for Def. No. 2 present.  She submitted that Def. No. 2 waived service of writ of summons as appeared before Court.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for Written statement of Def. No. 2 to 25/10/2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Sunita Dubey present for plaintiff.
Adv. Pallavi Kulkarni h/f Prajyot Jaydeep for Def. No. 2 and file written statement at Exh. 3 O- read and recorded.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for NM hearing to 05/01/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Advocate B. P. Shukla present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Adv. Diksha Parmar h/f Adv. Prajot H. Jaggi for defendant no. 2 present and filed reply to draft NM of plaintiff. Copy served.
Draft notice of motion of plaintiff is already on record.  O- leave granted to registered.
Matter adjourned for NM Hearing to 09/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: None present for plaintiff.
Advocate Deepali Patil  present for defendant/BMC.
Adv. P H Jaggi for defendant no. 2 present.
Plaintiff is directed to file registered NM till next date. Hence
Matter adjourned for necessary order to 01.04.2024.
Next Purpose: ORDER
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Advocate Sagar Chaurasia h/f Adv. B. P. Shukla present for plaintiff and filed registered NM No. 180 of 2024.
Advocate Y. C. Kadam present for defendant/BMC.
Defendant no. 2 absent.
Matter adjourned for NM reply to 16.08.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC no. 1.
Adv. Daksha A. Parmar h/f Adv. Prajot H. Jaggi for defendant no. 2 present.
Matter adjourned for NM hearing to 29.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: Advocate J. S. yadav present for plaintiff.
Advocate Bibhishan  present for defendant/BMC no. 1.
None present for defendant no. 2.
Matter adjourned for NM hearing to 14.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2025

Date: 14-03-2025
Business: Declared holiday on account of Holi, hence
Matter adjourned for NM hearing to 21.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Advocate Sunita Dubey h/f Adv. B. P. Shukla present for plaintiff and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for NM hearing to 03.11.2025.
Later on
Adv. Mitesh Lakhotia h/f Adv. Prajot Joggi for defendant no. 2 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Adv. P. S. Jaggi for defendant no. 2 present and submitted that the suit structure is totally demolished and hence cause of action does not survives.
The record further shows that the NM is pending for hearing since long number of dates. Not only this the record further shows that on 09.02.2024 this notice of motion was kept for the dismissal order. However despite of this the plaintiff has not taken any effective steps for the hearing of notice of motion. It shows that plaintiff is not interested to conduct the hearing of the notice of motion. However at the ends of justice matter is adjourned as a last chance for NM hearing. The plaintiff is hereby directed to conduct the hearing on notice of motion on the next date without fail otherwise notice of motion as well as suit will be dismissed for want of prosecution.
Matter adjourned for dismissal order to 23.02.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: None present for the plaintiff.
Advocate Amar Patil present for defendant/BMC.
Adv. P. H. Jaggi for defendant no. 2 present.
In view of record, the Suit No. 2531 of 2019 and pending Notice of Motion no. 180 of 2024 are posted for dismissal order. Today also plaintiff and his advocate are absent. Hence Suit no. 2531 of 2019 and NM No. 180 of 2024 are dismissed in default and for want of prosecution. Proceeding in Suit no. 2531 of 2019 and NM No. 180 of 2024 are closed. Parties to take note.
Nature Of Disposal: DISMISSED
Disposal Date: 23-02-2026

CHAMBER SUMMONS/101740/2019
NOTICE OF MOTION/100180/2024

Filing Number: 110325/2019
Filing Date: 23-09-2019
First Hearing Date: 24th September 2019
Decision Date: 23rd February 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE