Ayub Punje Khan +3 moreVsMCGM +1 more

Date: 07-10-2019
Business: (By precipe)  N.O.B.T.O.B.
Adv. Shailesh Kumar Rai for plaintiff present tendered draft NM along with affidavit. Leave is granted to register the NM.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Heard both sides.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama filed by previous Adv. for plaintiff.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Exh. 5 -  Vakalatnama of Adv. Shailesh Kumar Rai for plaintiff.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides. The plaintiffs, claiming to be allottees of  various premises in the building NO. 26A and 4 in 30A S.R.A. scheme, Laxmidham, Vashi Naka, Chembur in lieu of their respective rooms mentioned in Para 1 of the plaint, apprehend danger of dispossession due to threats by officers of deft. /MCGM to force them to vacate the respective premises without following due process of law. Ld. Adv. for The deft./MCGM alleges that the documents of possession  produced by the plaintiffs are bogus documents. But the deft./MCGM has not produced any extract or order of the concerned ward office to show that the possession receipts produced by the plaintiffs are not genuine. As such, there is prima facie material to grant ad-interim relief in favour of the plaintiffs. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to  31-01-2020 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Plaintiff present his advocate is absent.
Adv. Khandagle for MCGM/Deft. present.
Mrs.Shraddha Mistry.Designation- A.O. Estate, \''M\'' Ward.
Mrs. Ruplai Vikas More. Designation- R.S. Estate, \''M\'' Ward.
KB L.O
Adv. for defendant/MCGM tendered reply to NM and list of document.t.o.r. Copies are served to other side.
L.O
Adv. Kapil Shetty for plaintiff present.
Copy of reply and list of document received by plaintiff.
Both parites are directed to argue without fail at 1.00pm
Earlier order, if any, to continue till next date.
Matter adjd to 03.02.2020 at 01.00pm  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Kapil Shetye  for plaintiff present and tendered original NM No.3970/19 along with affidavit in support.
Adv. Khandagle for MCGM/Deft. present and tendered additional list of compilation (Citation).
Copy is served to other side.
Heard both side on NM 3970/2019
Earlier order, if any, to continue till next date.
Adjd to 12.02.2020 for NM order .
Next Purpose: NM  ORDERS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Kapil Shete for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
 Matter adjd to  14.02.2020  for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: None for plaintiff.
None for defendant/MCGM.
KB L.O.
Adv.Kapil Shetye for plaintiff present.
As Court is busy in hearing urgent matter.
Earlier order, if any, to continue till next date.
 Matter adjd to 24.02.2020 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Incharge of Court Room No.08
Adv Kapil Shetye for plaintiff present.
Adv Mr. Khandagale for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 26/02/2020 for N.M. order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv.Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
K.B L.O.
As Court is busy in ad-interim  hearing in urgent matter. Hence, matter is adjourned.
Earlier order, if any, to continue till next date.
 Matter adjd to 29.02.2020  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv.Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to  06.03.2020  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv.Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
 Matter adjd to  07.03.2020  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: None for plaintiff.
None for defendant M/East ward.
F.R.S.R. the following NM No. 3970/19 order is passed -
order
1.  Notice of Motion No.3970/19 stands dismissed.
2.  Notice of Motion No. 3970/19 stands disposed off.
Adv. Shety for plaintiff tendered application for stay the above NM  order. It is marked at Exh-6.
Order on Exh- 6
In order to challenge this order before the Hon\''ble High Court.
The defendant corporation shall not take any coercive action for two week from today.
There will not be further extension.
Authenticated copies be given to the both parties.
 Matter adjd to 15.06.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to file WS. Time is granted till next date.
Matter adjd to 12/02/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: None for Plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file W.S. Time is granted till next date.
Matter adjd to 26/03/2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: H.H.J. is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
W/s is already filed on record. It is now marked as Exh.8.
Adjd. To 08/11/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 10/01/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 21/02/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: None for plaintiff.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
Adjd. To 11/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Draft issues not tendered by both parties. Hence, matter is K.B. for framing issues.
L.O.
As Court is busy in urgent hearing on N/M, this matter is adjourned till next date.
Adjd. to 06/08/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None for plaintiff.
None for defendant/ BMC, M/East ward.
Exh. 9 - Issues are framed.
Adjd. to 26/09/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 16/11/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None for plaintiff.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 13/01/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 10/03/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 14/06/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Issued are framed on 06.08.2022 and since then matter repeatedly adjourned for plaintiff evidence. However roznama shows that neither plaintiff nor his advocate remained present. Hence, adjourned for dismissal of suit for default.
Adjd  to 09.08.2023   for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: None present for plaintiff.
Advocate Mhatre h/f  Suryavanshi  for defendant/BMC present.
Adjd   to 19.08.2023  for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff.
None present defendant/BMC present.
Adjd to 21.10.2023 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for plaintiff.
Advocate Mhatre h/f Adv.Suryavanshi for defendant/BMC present.
Suit is of 2019 and the issues are framed on 6/8/2022 and since the matter was adjourned for plaintiffs evidence. The Roznama shows that since long neither the plaintiff nor his advocate remains present. therefore, on 14/6/2023 matter was adjourned and kept for dismissal of suit on 9/8/2023 and 198/2023 but none was present for the plaintiff on that dates also. Today neither the plaintiff nor his advocate present. The plaintiff has not filed evidence. This shows that the plaintiff is not interested in prosecuting suit. Hence the order -
ORDER
Suit is dismissed under Order - IX Rule-8 of The Code of Civil Procedure for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-10-2023

NOTICE OF MOTION/103970/2019

Registration Number: 102567/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 110472/2019
Filing Date: 25-09-2019
First Hearing Date: 07th October 2019
Decision Date: 21st October 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE