Date: 24-10-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Plaintiff no. 2present, his advocate is absent.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
KB LO
Adv. Swati Sawant for plaintiff present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 30-01-2020 for N/M hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv.Charushila Gorad for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
It is submitted that, Adv. on record is not in town.
O- Adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 09.03.2020 for NM hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv.Praduman Chauhan for plaintiff present.
Adv. Khandagle h/f adv. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 16.06.2020 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Vaibhavi Pawar h/f. Adv. Mr. Kudalkar for Plaintiff present.
Adv. Mrs. Hajare for Defendant /MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 16/03/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Hazare for deft/MCGM 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.
Matter adjd to 29/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant /MCGM 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 28/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 02/12/2021 NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for plaintiff present..
Adv. Chavan for Defendant/MCGM present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Matter pertains to C.R. No.08
Adv. Vaibhavi Pawar h/f. Adv. Kudalkar for Plaintiff present.
Adv Mrs Rawade h/f. Adv. Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 07/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: CORAM H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Vaibhavi Pawar h.f. Adv. Kudalkar for Plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Chavan for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 19/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None for plaintiff.
MCGM Counsel Adv Gajanan Shinde with Adv Mrs Smita Chavan for defendant / MCGM present and tendered reply to NM. TOR. Copy be served to other side.
Earlier order, if any, to continue till next date.
Adjd. To 02/05/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: As Court is busy in dictating Judgment in HCTB Suit No. 2622/16, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 07/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present and requested for time to argue N/M.
Adv. Gajanan Shinde a/w Adv. Smita Chavan for defendant/MCGM present and opposed for adjournment. Matter is adjourned as a last chance for N/M hrg.
Earlier order, if any, to continue till next date.
Adjd. to 21/06/2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
K.B.
L.O. at 04.15 p.m.
Adv. Kudalkar for plaintiff present
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. for Plaintiff submitted that he will supply copy of rejoinder in advance to the defendant. Adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 28/06/2022 for N/M hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Kudalkar for plaintiff present and tendered rejoinder to the reply filed by deft./MCGM to N/M No. 3575/2019. Copy is served to other side.
He also tendered original N/M No. 3575/2019 along-with affidavit in support thereof.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ MCGM is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
K.B.
L.O.
Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
Heard both sides on N/M No. 3575/2019.
L.O.
Counsel Adv. Gajanan Shinde with Adv. Chavan for defendant/ MCGM is present.
Partly heard by Adv. For plaintiff on N/M No. 3575/2019.
Due to paucity of time matter, is adjourned for further hearing on N/M.
Earlier order, if any, to continue till next date.
Adjd. to 18/07/2022 for further hrg. by plaintiff on N/M No. 3575/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 27/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None for plaintiff.
Counsel Adv. Gajanan Shinde for defendant/ MCGM is present.
K.B.
L.O. at 04.35 p.m.
Adv. Kudalkar for plaintiff present.
Rest of the same appearance.
Heard further arguments of learned Adv. for plaintiff and argument of Adv. for deft./MCGM on N/M No. 3575/2019.
Earlier order, if any, to continue till next date.
Adjd. to 06/08/2022 for order on N/M No. 3575/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Smita Chavan for defendant/ BMC is present.
F.R.S.R. following order is passed on N/M No. 3575/2019-
O R D E R
Notice of Motion No. 3575/2019 is dismissed.
Adv. for plaintiff tendered application for continuation of ad-interim order, TOR and marked as Exh.2. O - Other side to say.
Adv. for deft. has given say on Exh.2 overleaf.
Heard arguments of both sides on Exh.2.
Following order is passed on Exh.2 -
O R D E R
The plaintiff filed this application for extension of ad-interim order dated 19/9/2019. It is contended that this Court dismissed Notice of Motion. The plaintiff intends to challenge the order before the Hon\''ble High Court. If, ad-interim relief is not extended there is every possibility of removal of structure by defendant. Sometime is required to approach Hon\''ble High Court. In the meantime, it is necessary to extend ad-interim relief.
Learned counsel for the Corporation opposed application contending that notice has been issued under Section 314 of the M.M.C. Act. Structure is required for road widening and due to interim injunction project is affected.
Heard learned counsel for the parties.
Notice of Motion has been dismissed. The plaintiff intends to challenge order before the Hon\''ble High Court. An appeal is a statutory right of a party dissatisfied with order. There was interim injunction during pendency of Notice of Motion. Therefore, considering fats of case I pass following order -
O R D E R
1. Application exhibit-2 is allowed.
2. Earlier order to continue for a period of two weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 06-08-2022