Mr. Siddique Hussain Fasahat Hussain ShaikhVsThe Asst. Municipal Commissioner +1 more

Date: 25-09-2019
Business: (By Precipe)
Adv. Ansari Asggar Kalim for plaintiff and tendered draft NM along with affidavit in support.
Leave is granted to register the NM.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Heard both sides in ad-interim relief.
Order on Ad-interim relief
Perused notice of motion, contents of plaint, documents annexed thereto and heard both sides. According to ld. Advocate for the plaintiff the plaintiff has filed reply to notice u/s 3Z -1 of Maharashtra slums (Improvement, clearance and redevelopment )Act, 1971 but no speaking order is passed. The deft./MCGM, being local authority, is duty bound to pass the order after considering reply. Hence, ad-interim relief in terms of prayer clause (a) till passing of the speaking order by deft./MCGM.
Authenticated copies be given to the both parties.
Adjd to 20-12-2019  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
plaintiff is directed to tendered original N/M no. 3623/19 on or before next date.
LO 3.15 pm
Adv. Ansari Asggar Kalim  for plaintiff present and tendered original writ of summons and tendered registered Notice of Motion No. 3623/19 with affidavit in support,
Earlier order, if any, to continue till next date.
Adjd to 15-04-2020  for  N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: HHJ. Shri G.B. Gurav I/c of C.R. No.08
None for plaintiff.
Adv Mr. Khandagale for deft/MCGM present and requested for time to file reply to N.M. No.3623/2019- Time granted till next date.
Earlier order, if any to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Khandagale for deft no.1 and 2 /MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.3.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Ansari Asgar Kalim for plaintiff present.
Adv. Khandagale 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 23/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is 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 04/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is 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 29/11/2021 for NM reply.
L.O. at 3.40 p.m.
Adv Shirish Shigwan for plaintiff present.
Already adjd. To 29/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. Shirish Shigwan for plaintiff present.
Adv. Tondwalkar for MCGM present and requested to file reply to NM.  Time granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/1/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
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.
Earlier order, if any, to continue till next date.
Adjd. to 04/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv Poonam Tiwari h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 17/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: CORAM  H. H. J. SHRI K.P. KSHIRSAGAR (C. R. No.08)
(Matter pertains to C.R. No. 4)
Adv. Jyoti Mishra for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Ansari Assgar Kalim for plaintiff present.
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 21/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
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 21/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: N.O.B., T.O.B. for placing the matter before National Lok-Adalat on 12/11/2022.
None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC present.
Matter is referred to National Lok-Adalat will be held on 12/11/2022.
Issue notice to plaintiff to remain present before the National Lok-Adalat on 12/11/2022 at 10.30 a.m.
Adjd. to 12/11/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.04
Plaintiff absent.
Adv. Rawade for defendant/BMC present.
Shri Ashok Tastode JE. B and F for BMC present
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to12.12.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Jyoti Mishra h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date as a last chance as matter is pending for reply since 2019.
Earlier order, if any, to continue till next date.
Adjd. to 06/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Ansari Asggar Kalim 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 05/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Ansari Asggar Khan for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/06/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Mr.Shigvan h/f  for adv. Ansari Asggar Kalim plaintiff present.
Adv. Suryavanshi for  deft./M.C.G.M. present.
Earlier order, if any, to continue till next date.
Adjd. to 02/08/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Advocate Ansari 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 08.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2023

Date: 08-09-2023
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. Mr. Ansari Kalim for plaintiff present
Adv. Mr. Suryavanshi for defendant/BMC present
Earlier order, if any, to continue till next date
Adjd. to 27/10/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Board is discharged as court is busy in hearing urgent Ad-interim and NM hearing matter, due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  22.01.2024    for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matter, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  20.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
None for plaintiff.
Adv.Mr.Suryawanshi for Deft./BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 24/4/2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: None present for plaintiff
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 03.07.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant/BMC present and seeks time to file reply to NM.
The matter is of year 2019 and repeatedly adjourned for NM reply, hence matter adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to 05.08.2024  for NM reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Matter pertains to C. R. No. 4
Adv.Kalim for the Plff. present.
Adv.Mr. Botlawar for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 13.09.2024 for N/M  reply and service of Writ of Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: CORAM : H. H. J. SHRI. R. B. PARVEKAR ( C. R. No.6)
Matter pertains to C.R. No.04.
Advocate Kalim for plaintiff present.
Advocate Botlavar for defendant/BMC M(East) Ward.
Earlier order, if any, to continue till next date.
Adjd to 23.10.2024 for Notice of Motion reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Sujata Puri   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as a suit is  of year 2019
Earlier order, if any, to continue till next date.
Adjd  to  09.12.2024  for NM Reply
Later on 3.20 p.m
Adv. Ansari Kalim for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Adv. Nikita Kamble h/f Adv. Kalim for plaintiff present.
Advocate Puri for defendant /BMC present.
Earlier order, if any, to continue till next date.
Adjd to 27/01/2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None for plaintiff is present. Adv. Ms. Sujata Puri for defendant/ MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order continue till next date.
Adjourned for NM hearing (No reply) to 21-03-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: CORAM : H.H.J. SHRI. V. S. KHOT (C.R. No. 06)
(Matter pertain to C.R. No. 04)
Adv. Mr. Kalim Ansari for the plaintiff is present.
Adv. Ms. Sujata Puri for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned forr  NM hearing (No reply)(LN).to 07.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. Adv. Ms. Sujata Puri for defendant Nos. 1 and 2/ MCGM is present. Rest appearance is as above. By consent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with. Earlier Order, if any, is continued till the next date.
Adjourned for Lok-adalat to 10.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: Matter pertains to Court Room No.04
None present for plaintiff
Adv. Sujata Puri for defendant/BMC present.
Not settled.
Matter be posted to 21/07/2025 for same stage from which matter was referred to lok-adalat.
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Ansari for the plaintiff is present. Adv. Ms. Vyawhare for defendant/MCGM is present and requested time may be granted to file reply and she would take to that effect. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (without reply) to 11-08-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Krutik Kamble h/f Adv. Mr. Ansari for the plaintiff is present and submitted that Sr. Adv is busy in Hon’ble Bombay High Court and requested to keep back
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
keep back
Later on at 4.16 pm
The appearance is as above.
Written submissions in NM of plaintiff is already on record.
Partly heard of Adv for defendant/MCGM on NM.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing/P.H. to 20.08.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter Pertains to C. R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing/P.H.to 17.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Ansari Kalim  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 19.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
keep back
Later on at 3.31 pm
Adv. Mr. Ansari Kalim for the plaintiff is present.
Rest appearance is as above.
Mr. Khan Wasim Ajamal, J/E for M-West Ward for MCGM is present.
He made statement before Court that the defendant authority is ready to accept the reply cum document if any and thereafter pass Speaking Order.  When confronted Ld Adv for the plaintiff also conceded to supply fresh reply along-with the document to the defendant.
F.R.S.R.The following Order is passed in Notice of Motion No.3623/2019:
ORDER
06.		This being the position, I am of the opinion that no prejudice would cause to the defendant if they are called to consider fresh reply cum documents and then to pass detail final speaking order strictly in abidance with the law. This would also afford a fair chance of hearing to the plaintiff as well. Even this will ensure on the part of defendant that they would follow the provision as contemplated under the MMC Act. Thus, the plaintiff herein is directed to submit his fresh reply along with documents, if any, within 15 days from the date of this order. The defendant is called upon to consider the plaintiffs said reply and documents, if any and to pass Speaking Order as per law.  In the meantime, they are restrained to proceed against the suit structure. This staying Order would continue to operate for further period of 10 days from the date of the said Order, if it is adverse to the plaintiff. Both parties to take note and comply forthwith.
07.		With preceding directions, I perceive there remains nothing more for consideration in instant motion. Both parties to follow the mandate stated hereinbefore. Ergo, the Notice of Motion is finally disposed of in above terms.
Adjourned for writ of summons .to 17.11.2025
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Krutik Kamble h/f Adv. Ansari Kalim for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for writ of summons to 19.01.2026
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. for the plaintiff is absent.
Adv. for defendant/MCGM is absent.
Adjourned for writ of summons to 02-03-2026
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-04-2026

NOTICE OF MOTION/103623/2019

Registration Number: 102533/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 110316/2019
Filing Date: 23-09-2019
First Hearing Date: 25th September 2019
Decision Date: 20th April 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE