Date: 04-10-2019
Business: (By Precipe)
Adv. P.D. Gandhi for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM.
Adv. Mr. S.C. Khandagale for Deft NO. 1, 2/MCGM present and tendered compilation of documents. Copies served to other side.
Adv. M.M. Vashi for deft. no.3 present.
Adv. R.B. Mokashi for deft. no.4 present.
Heard both sides on ad-interim.
Adj. to 05-10-2019 for Ad-interim order.
Next Purpose: ORDER
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: None for plaintiff.
None for defendant.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint, documents filed by defendants and heard both sides.The plaintiffs, claiming to be owners of suit plot having City Survey No. 668 and 668/1 to 33 known as Asha Studio/Bharat Studio at Chembur, allege that the defendants no. 3 and 4 have obtained repair permission in respect of two unauthorized structures on the suit plot from defendant no. 1, a local authority, without NOC of the plaintiffs and therefore they have prayed to grant temporary injunction restraining the defts. from carrying out any repairs based on the permission letters of deft. no. 1/MCGM till final disposal of the suit.
According to ld. Adv. for the plaintiffs, the plaintiffs have become owners of the suit plot by virtue of gift deed dated 15-07-2005 of the erstwhile owner Sitadevi Rupchand and the said claim was upheld by Hon\''ble Bombay High Court in suit no. 2079/10 and therefore the defts. no. 3 and 4 have no concern with the 2 suit structures as mentioned in the plaint. He has further pointed out that the deft. no. 1/MCGM has in collusion with defts. no. 3 and 4 granted repair permission without NOC of the plaintiffs and if temporary injunction is not granted, the whole purpose of filing of the suit will be frustrated. Ld. Advocates for defts. no. 3 and 4 have pointed out that the plaintiffs and defts. no 3 and 4 are close relatives, there are several litigations between them, the defts. are not trespassers. They have emphasized on the fact that tenantable repair permission does not require NOC of the landlord and in this case the ownership of plaintiffs over the two suit structures itself is under suspicion. They have also invited my attention to the fact that such repair permission was granted earlier in 2017, before that the building was categorized by structural auditor to be C-2B and therefore, the repair permission was obtained as per recommendation of the structural engineer u/s 353B of the MMC Act.
After going through rival contentions of the parties, the scope of the suit is restricted to repair permission granted by deft. no. 1 to defts. no. 3 and 4 in respect of 2 suit structures. It may be noted here that authorization or otherwise of the 2 suit structures is not under consideration in the suit. From the plaint allegations, the plaintiffs are not clear about occupancy rights of defts. no. 3 and 4 as to whether they are licensees, lessees or trespassers. Their allegation against deft. no. 1 , a local authority, is that the said authority granted repair permission with mala fide intention. However, documents produced by defendants establish that the 2 suit structure were found to be in ruinous condition by the structural engineer and he recommended corrective repairs for securing structural stability of the 2 suit structures and in exercise of power u/s 353B of MMC Act the permission is granted by deft. no. 1/MCGM. It is not the case that the defts. wanted to commence erection of a new building which requires NOC of the landlord.
It is also important to note that the will deed of deceased Sitadevi Rupchand clearly recognizes occupancy rights of defts. no. 3 and 4 over the suit structures and it stipulates that the executors of her will were to ensure discontinuance of use of the suit structures by defts. no. 3 and 4 by taking steps. Without prejudice to such rights of the executors, it needs to be mentioned that the repair permission to the defts no. 3 and 4 was granted in accordance with provisions of MMC Act and there was no mala fide action by defts. no. 1 to 4 in granting/ obtaining the repair permissions. Therefore, the plaintiffs have failed to prove prima facie case, balance of convenience and irreparable loss in their favour and therefore ad-interim relief is rejected.
LO
Adv. Vivek Vashi h/f M.M. Vashi for deft. no. 3 present.
Adjd to 15-01-2020 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: (By precipe)(N.O.B. T.O.B.)
Adv. Hardik Desai for plaintiff present and tendered register C/S No. 2209/19 along with affidavit and also tendered objection to commissioner\''s report.
Adv. Mr. S.C. Khandagale for Defts no. 1 and 2 /MCGM present.
Adv. Fauza for Defendant. no. 3 and 4 present.
Copy is served to other side.
Adjd to 16-12-2019 for C/S hearing and N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. R.M. Hazare h/f Adv. Khandagale for Defts No. 1 and 2/MCGM present.
None for defendants no. 3 and 4.
LO
Adv. R. B. Mokashi for Defendant. no. 3 and 4 present.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 1.00 p.m. Hence, C/S No. 2209/19 is kept for dismissal on next date.
LO at 3.15
Adv. Giriraj for plaintiff present.
Adjd to 06-01-2020 for C/S Dismissal (11.00 am).
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. P.D. Gandhi a/w R.P. Desai for plaintiff present.
Adv. Ms. Hajare h/f Khandagale for defendant Nos.1 and 2/MCGM present and on her request, adjd. for filing reply on NM and CS.
Adv. Mokashi for D/3 and 4 present.
Adjd. for Reply on NM and Ch/s to 13/1/2020 at 1.00 pm.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv.P.D.Gandhi plaintiff present.
Adv.Mrs.Patil h/f Adv.Khandagale for MCGM/Defendant present.
Adv. Mokashi for Defendant.No.3 and 4 present.
Reply filed by Adv. Patil on NM No.1491/19 Ch/s.No.2209/19.
Heard Both side.
Adjd to15.01.2020 for order on ch/s 2209/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Hardik Desai for plaintiff present.
Adv. Khandagle for MCGM/Deft. 1 and 2 present.
Adv. Mamta Ghatkar for defendant No. 3 and 4
As Court is busy in Session Case No.1903/19.
Adjd to 16.01.2020 for ch/s order .
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Indira Labde for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant No. 1 and 2 present.
Adv. Rekha Adsule for Defendant No. 3 and 4 present.
As Court is busy in hearing urgent matters and dectating ad-interim order, matter adjourned.
Matter adjd to 24.01.2020 for order on ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None for plaintiff.
Matter adjd to 30.01.2020 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Prit Chavda for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 04.02.2020 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Indira Labde for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
F.R.S.R. following order on N/M No.2209/2019 is passed -
Order -
1. Chamber Summons No.2200 of 2019 in terms of prayer
clause (a) is made absolute.
2. Plaintiff to carry out amendment within two weeks.
3. Chamber Summons No. 2209 of 2019 is disposed off
accordingly.
Matter adjd to 17.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv.Prit Chavla for plaintiff present and tendered copy of amended plaint for defendant No.3 and 4. R and P.
Adv. Khandagle for MCGM/Deft.1 and 2 present.
None for defendant No.3 and 4.
Matter adjd to 21.02.2020 for N/M hrg.
L.O.
Mr.Fauzan for defendant No.3 and 4 present and received copy of amended plaint .
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft.1 and 2 present.
Adv. Mokashi for defendant No. 3 and 4 is present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
L.O.
adv. Prit Chavda for plaintiff present.
Adv. Mokashi for defendant No. 3 and 4 is present and file application. t.o.r. marked at Exh-2.
Heard both side.
The application file by defendant as the ch/s file by the plaintiff has been allowed and accordingly amendment carried out by the plaintiff. Were as defendant also wants to take steps. Hence matter is adjourned.
Earlier order, if any, to continue till next date.
Matter adjd to 02.03.2020 for filing NM reply/ say on Exh-2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Date: 16-03-2020
Business: Adv.Hardik Deasi h/f Adv. P.D.Gandhi for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 and 2 present.
Adv. Mokashi for defendant No.3 and 4 present and filed reply.
It is submitted that, on 23.03.2020 MCGM will file NM reply, in failure, no reply, order may be passed and argument may be heard without reply.
Exh-2 is already disposed of as matter was adjourned today.
Matter adjd to 23.03.2020 for reply by defendant No.1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020
Date: 23-03-2020
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: 28-09-2020
Date: 28-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Adv. Veer Kankaria h/f. Adv. P.D. Gandhy for Plaintiff present.
Adv. Khandagale for Defendant No.1 and 2 present.
None for Defendant No. 3 and 4.
It is assured by advocate of Plaintiff to proceed with time bound NM for argument on next date without fail. Considering the time bound matter, both parties are directed to argue NM No. 4191/19 on next date. It is submitted by advocate Khandagale for Defendants/MCGM that BMC will file reply to NM on next date or otherwise he will argue the NM.
Advocate for Plaintiff is directed to inform advocate Mokashi for Defendant No. 3 and 4 regarding hearing of NM on 16/10/2020.
Matter adjd. to 16/10/2020 for rejoinder by Plaintiff if any/NM reply by defendant no. 1 and 2/NM argument.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Mr. P.D. Gandhy for Plaintiff present.
Adv. Mr. Khandagale for Defendant No. 1 and 2 present.
Adv. Mr. Mokashi for Defendant No. 3 and 4 present.
On oral request of advocate for Defendant No. 3 and 4, adjournment granted.
Matter adjd to 19/10/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Adv.Veer Kankaria h/f Adv. P. D. Gandhy for plaintiff present.
Adv.Khandagle for deft nos.1 and 2/MCGM present and request for
sought adjournment to file reply to NM NO.4191/19 as a last
chance.
Adv.Mokashi for deft nos. 3 and 4 present and filed reply of deft
no.4 to NM No.4191/19.TOR. Copy is served to advocate for
plaintiff.
Copy is already received by advocate for deft nos.1 and 2/MCGM.
Matter adjd to 04/11/2020 for Filing Reply to NM by deft no.
1 and 2/MCGM/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Mr. P.D. Gandhy for Plaintiff present.
Adv. Mr. Khandagale for Defendant Nos. 1 and 2 present and
filed reply to NM No.4191/19. Taken on record.
Copy is already served to Adv. for Defendant No. 3 and 4.
Copy is received by advocate for Plaintiff.
Adv. Mr. Aditya Mokashi for Defendant Nos. 3 and 4 present.
On oral request of advocate for Plaintiff, adjournment granted
to file rejoinder in NM.
Matter adjd to 11/11/2020 for Rejoinder/NM hearing.
Next Purpose: REJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Adv. Mr. P. D. Gandhy for plaintiff present.
Adv. Mr. Khandagale for Deft no. 1 and 2/MCGM present.
Adv. Mr. Hauzan h/f Adv. Mr.Mokashi for deft no.3 and 4 present.
Last chance is given for hearing on NM considering request by
Adv. Mr. Mokashi, adv for deft no.3 and 4 as he could not attend
the Court today due to his personal reason. It is consented by
advocate Mr. Gandhy for plaintiff.
Both parties are directed to argue on NM without fail, considering
High Court time bound matter.
By Consent,matter is adjd to 25/11/2020 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mr. Khandagale for Deft no.1 and 2/MCGM present.
Adv. Mr. Mokashi for deft no.3 and 4 present.
Documents filed by Advocate for plaintiff, TOR. Marked at Exh.3. Copy is served to other side.
It is requested by ld advocate Mokashi that time may be granted to file documents regarding documents filed by the plaintiff. Time is granted to file documents by deft no.3 and 4.
Matter adjd to 09/12/2020 for Filing documents by deft no.3 and 4/NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv. P. D. Gandhy for plaintiff\''s present.
Adv. Khandagale for deft no.1 and 2/MCGM present.
Adv. Mokashi for deft no.3 and 4 present and tendered reply to NM No.4191/19. TOR. Copy is served to the plaintiff and deft no.1and 2 MCGM.
Heard Ld. advocate for plaintiff in NM No.4191/19 partly.
On oral request of advocate for plaintiff, adjournment granted for further argument in NM.
Matter adjd to 14/12/2020 for further arguments of plaintiff in NM No.4191/19.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Khandagale for deft no.1 & 2/MCGM present.
Adv. Mokashi for deft no.3 and 4 present.
Heard further arguments of plaintiff in NM No.4191/19 is completed.
Heard arguments of Deft no.1 and 2/MCGM is completed.
On oral request of advocate for deft no.3 and 4, adjournment granted to argue the NM No.4191/19 till next date.
Matter adjd to 21/12/2020 for NM Arguments P.H.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Mr. Hardik Desai for plaintiff present.
Adv. Mr. Khandagle for deft no.1 and 2/MCGM present.
Adv. Mr. Mokashi for deft no.3 and 4 present.
Heard argument of Ld. advocate Mr. Mokashi for deft no.3 and 4 in NM No.4191/19.
Heard rejoinder argument of Ld. advocate for plaintiff in NM No. 4191/19.
Heard Sur-rejoinder argument by Ld. advocate for deft no.1 and 2/ MCGM in NM No.4191/19.
Considering the Vacation, matter is adjd to 04/01/2021 for Order on NM No.4191/19.
Next Purpose: NM ORDERS
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Hardik Desai h/f Adv. P. D. Gandhy for plaintiff present.
Adv. Khandagle for deft no.1 and 2/MCGM present.
Adv. Ms. Shanya h/f Adv. Mr. Mokashi for deft no.3 and 4 present.
Matter adjd to 12/01/2021 for Order on NM No.4191/19.
Next Purpose: NM ORDERS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Ms. Preet Kanse h/f Adv. P. D. Gandhy for plaintiff present.
None for deft no.1 and 2/MCGM.
Adv. Ms. Shanya h/f Adv. Mr. Mokashi for deft no.3 and 4 present.
FRSR, following order is passed on NM No.4191/19-
ORDER
1. The prayer clause (a) of N.M. No.4191 of 2019 is rejected being devoid of merits.
2. Notice of Motion No. 4191 of 2019 stands disposed off accordingly.
Matter adjd to 26/02/2021 for Written Statement.
Later On. At 03.50 pm.
Adv. Ms. Preet Kanse h/f Adv. P. D. Gandhy for plaintiff present and tendered application for protection for four weeks. Said application is TOR and marked at Exh.4.
The application, Exh.4 filed by the plaintiff with request to maintain status-quo in respect of the Suit property for four weeks. None present for deft no. 1 to 4 when application filed at 03.50 pm. I am the opinion three weeks protection needs to be given to the plaintiff against this order to challenge this order before the Hon\''ble High Court.
Hence Order-
ORDER
1. Three weeks\'' protection is granted to plaintiff to challenge this order before Hon\''ble High Court.
2. There would be no further extention of protection in favour of plaintiff after three weeks.
Authenticated copies be given to the both parties.
Matter is already adjd to 26/02/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Ms. Aashi Sirohiwala i/b M/s. P. D. Gandhy and Associates for plaintiff present.
None for deft no.1 and 2.
Adv. Khandagle for deft no.3 and 4/MCGM present.
Matter adjd to 21/04/2021 for Written statement.
Later On.
Adv. Fauzan h/f Adv. Mokashi for deft no.1 and 2 present and filed Written Statement, TOR and marked at Exh.7.
Copy is supplied to advocate for deft no.3 and 4/MCGM.
Adv. for deft no.1 and 2 is directed to supply copy of WS to the plaintiff till next date.
Adv. Khandagle for deft no.3 and 4/MCGM submitted that he has already filed reply to NM No.4191/19 cum Written Statement. The said Written statement is now marked at Exh.8.
Matter is already adjd to 21/04/2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: None for plff.
None for deft. no.1 and 2.
Adv. Mr. Tondwalkar for deft. no.3 and 4 present.
Matter is adjd to 27.09.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv Hardik Desai for plaintiff present.
None for defendant nos.1 and 2.
Adv. Mrs. Tondwalkar for Defendant nos.3 and 4/MCGM is present.
Adjd. To 12/11/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant nos.3 and 4.
Adjd. To 07/01/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-02-2022
Date: 09-02-2022
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.
Matter is adjd to 16/03/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Aditya Khare for Plaintiff present.
Adv Mrs Tondwalkar for defendant nos. 1 and 2/ MCGM is present.
Adv. Mokashi for Defendant No.3 and 4 present.
Draft issues not tendered by both parties. Hence, matter is adjourned for framing issues.
Adjd. To 30/04/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv Tejas Shah for plaintiff present..
Adv Mrs Tondwalkar for defendant nos.1 and 2/ MCGM is present.
Adv Mokashi for defendant nos.3 and 4 present.
Adjd. To 18/06/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None for plaintiff.
None for defendant Nos. 1 and 2/ BMC, M/West ward.
Adv. Shamia Abdullah h/f Adv. R.B. Mokashi for deft. Nos. 3 and 4 present.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 21/09/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
Adv. Shamia Abdullah h/f Adv. R. B. Mokashi for deft. Nos.3 and 4 present.
Adjd. to 08/10/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2022
Date: 21-09-2022
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
Adv. Shamia Abdullah h/f Adv. R. B. Mokashi for deft. Nos.3 and 4 present.
Adjd. to 08/10/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: None for plaintiff.
Adv. Rawade h.f. Adv. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
Adv. Mokashi for Deft. Nos.3 and 4 present.
K.B.
L.O. 03.15 p.m.
Adv. Tejas Shah for plaintiff present.
Due to paucity of time, matter is adjourned till next date.
Adjd. to 19/11/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Krushi i/b M/s P. D. Gandhi and Associates for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for deft. Nos.3 and 4.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned.
Adjd. to 03/12/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Hardik Dasai for plaintiff present.
Adv. Mrs. Chavan h/f Adv. Mr. Suryavanshi for defendant Nos.1 and 2/ BMC is present.
Adv. Mokashi for defendant Nos.3 and 4 for present.
Adjd. to 15/04/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Rushi Verma I.b. M/s. P.D. Gandhy and Associate is present.
Adv. Ms. Mhatre h.f. Adv. Suryavanshi for defendant no. 1 and 2 / BMC is present.
Adv. MS. Sneha for defendant no. 3 and 4 present.
Adjd. to 15.07.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: Advocate P. G. Chudasama h/f P.D. Gandhy for plaintiff present.
Adv. Shivani Mokashi for defendant No. 3 and 4 present.
Advocate Mhatre for defendant/BMC present.
Adjd to 16.09. 2023 for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: None present for plaintiff.
Advocate Mhatre h/f suryavanshi for defendant No.1 and 2/BMC present.
Adv. Sneha Dhan Vijay for deft No. 3 and 4 present
Exh. Issues framed
Adjd to 27.10.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: None present for plaintiff
Adv. Sayali Shinde h/f Mokashi D-3 and D-4 present.
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff hence matter adjourned.
Adjd to 29.11.2023 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Advocate for plaintiff present.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Adv. Ms. V. G. Bele h/f. Mr. Mokashi for D/3 and 4 present
The issues are framed on 20/9/2023 and suit is 5 years old. Since last many dates none for the plaintiff. The Notice of Motion No.3038/2018 came to be dismissed for default on 24/2/2023 as none present for plaintiff. Therefore, matter adjourned and kept for dismissal of suit.
Adjd to 16.12.2023 for dismissal of suit.
Later on 1.00 p.m
Adv. Hardik Desai for plaintiff present.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Advocate Hardik Desai h/f P. D. Gandhy for plaintiff present and tendered draft chamber summons @ affidavit in support.
O- Leave granted to register Ch/s. Copy is supplied to other side
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and has given say on draft chamber summons overleaf.
Adv Ishwari Muranjan h/f Mokashi for deft No. 3 and 4 present.
Adjd to 11.03.2024 for reply to chs by deft No. 3 and 4
Next Purpose: C/S REPLY
Next Hearing Date: 11-03-2024
Date: 11-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
Hence matter is adjourned to 12/6/2024
Next Purpose: C/S REPLY
Next Hearing Date: 12-06-2024
Date: 12-06-2024
Business: Advocate Chudasama h/f P.D. Gandhy for plaintiff present.
Advocate Vyawahare for defendant/BMC present.
Adv Vrushali Bele h/f R. B. Mokashi for deft No. 3 and 4 present and tendered reply to draft ch/s. copy is supplied to Adv for plaintiff and Adv for deft/BMC.
Adjd to 12.07.2024 for ch/s Hearing
Next Purpose: C/S HEARING
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Advocate Hardik Desai for plaintiff present.
Advocate Honmane for defendant No. 1 and 2/BMC present.
Adv Mokashi for deft No. 3 and 4 present.
With consent of adv for plaintiff and deft No. 3 and 4 matter adjourned.
Time to register the ch/s is extended till next date.
Adjd to 27.09.2024 for Ch/s Hearing
Next Purpose: C/S HEARING
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff’s
Advocate Honmane for defendant/BMC present.
Adv. Vrushali Bele h/f R.B. Mokashi deft no. 3 and 4
Today matter is hearing of ch/s but none present for plaintiff. Hence matter adjourned and kept for dismissal of ch/s
Plaintiff is directed to register ch/s till next
Adjd to 25.11.2024 for ch/s dismissal
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Adv. Hardik Desai for pliantiff present and reuested extension of time to register the Ch/s.
O- Time is extended till next date.
Adv. Honmane for defendant Nos.1 and 2 present.
Adv.Mokashi for plaintiff Nos.3 and 4 present.
Adjourned to 27.01.2025 for C/S hearing.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Hardik Desai for the plaintiff is present and sought extension of time to registered Ch/s. Sufficient time is already granted. Still, the time is extended till the next date, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai. In default, the suitable Orders would follow. Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2 /MCGM is present. Rest of the defendant are absent.
Adjourned for tendering registered Ch/s/Ch/s hearing to 12-03-2025.
Next Purpose: C/S HEARING
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Sadaf Maldar h/f Adv. Mr. Hardik Desai for the plaintiff is present. On her say, the matter is kept back. Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present. Adv. Ms. Shreya Nair h/f Adv. Mr. Mokashi for defendant No. 3 and 4 is present.
Later on at 4.38 pm
Adv. Tejas Shah for the plaintiff is present. Rest appearance is as above. He informed that the Order of Costs is complied with and sought time for registration of Ch/s. Time is lastly extended till the next date. In default, the Ch/s. would stand dismissed.
Adjourned for tendering registered Ch/s/Ch/s hearing to 27.06.2025.
Next Purpose: C/S HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. Sunila Chavan h/f Adv. Mr. Hardik Desai for the plaintiff is present and requested time for extension of registration of Ch/s. Time is extended till the next date strictly as a last chance.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adv. Ms. Shreya Nair h/f Adv. R.B.Mokashi for defendant Nos. 3 and 4 is present
Adjourned for tendering registered Ch/s/Ch/s hearing to 22.08.2025.
Next Purpose: C/S HEARING
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Hardik Desai h/f Adv. Mr. P.D. Gandhy and Associates for the plaintiff is present and tendered registered Ch/s. No. 1492/2025 with affidavit. Copy is supplied to other side.
Adv. Mr. Fauzan i/b Arvind Mokashi for defendant Nos. 3 and 4
is present. He submitted that they have already filed reply. However needs to verify the ch/s.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
She has already filed reply to Ch/s overleaf.
Adjourned for Ch/s hearing to 26.09.2025.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Pushpa Thapa h/f Adv. Mr. Hardik Desai for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant Nos. 1 and 2/MCGM is present.
Adv. Faijal Shaikh h/f Adv. Mokashi defendant No. 3 and 4 is present.
Adjourned for ch/s hearing .to 17.10.2025
Next Purpose: C/S HEARING
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Neha Pandey h/f Adv. Mr. Hardik Desai for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant No. 1 and 2/MCGM is present.
Adv. Mr. Fauzan h/f Adv. Mokashi for defendant No. 3 and 4 is present.
Adjourned for Ch/s hearing to 24.11.2025
Next Purpose: C/S HEARING
Next Hearing Date: 24-11-2025
Date: 24-11-2025
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr Neha Pandey i/b P.D. Gandhy and Associates for the plaintiff is present and seeking time to argue Ch/s. O- Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv. Nisha Gangan for defendant No. 3 and 4 is present.
Adjourned for Ch/s hearing .to 02.03.2026
Next Purpose: C/S HEARING
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 16-04-2026
Date: 16-04-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Not on Board Taken on Board
Writ received from Honble High Court in Appeal From Order No.332 of 2021 with Interim Application No.2935 of 2021 having A.O. Civ No. C0800737/2025 dated 18.03.2025.
CORAM Prithiviraj K. Chavan, J.
Date 04th February, 2021.
P.C.
1.Heard Mr. Singh, learned Counsel for the Applicant - appellant.
2.Issue notice to the respondents returnable on 04th March, 2021
3.In addition to the Courts notice, the applicant shall serve the respondents with a private notice and swear affadavit to that effect.
4.Interim Protection granted by the learned City Civil Court on 12th January 2021 shall continue to operate till the next date i/e. Till 4th March 2021.
CORAM FARHAN P. DUBASH, J.
Date 25th February, 2026.
P.C.
1.At the request of Mr. Jaineel Vashi, learned Counsel who appears on behalf of Respondent no. 3 states that the arguing Counsel is in personal difficulty today, stand over to 25th March, 2026.
2.Till then, interim relief, if any, shall continue to operate.
Matter already adjourned to 17.04.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Neha Pandey for the plaintiff is present and seeks time to argue on Ch/s. O-Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv. Fauzan Shaikh for defendant Nos. 3 and 4 is present.
Adjourned for ch/s hearing.to 10.06.2026
Next Purpose: C/S HEARING
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Neha Pandey i/b P.D. Gandhy and Associates for the plaintiff is present and seeks time to argue Ch/s. O- Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv. Twishaa Gangar i/b R.B. Mokashi and Associates for defendant 3 and 4 is present.
Adjourned for ch/s hearing to 24.07.2026
Next Purpose: C/S HEARING
Next Hearing Date: 24-07-2026
Date: 24-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Neha Pandey i/b P.D. Gandhy and Associates for the plaintiff is present and seeks time to argue NM. O- Time is granted.
Adv. Ms. Rupali Patil h/f Adv. Ms. Vyavhare for defendant/MCGM is present.
Adv. Shreya Nair i/b Adv. R.B. Mokashi for defendant No. 3 and 4 is present.
Adjourned for chs hearing .to 04.09.2026
Next Purpose: C/S HEARING
Next Hearing Date: 04-09-2026
Date: 04-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Neil Rathod h/f Adv. Mr. Hardik Desai for the plaintiff is present and seeks time to argue on Ch/s. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adv. Twishaa Gangar for defendant No. 3 and 4 is present.
Adjourned for chs hearing to 26.10.2026
Next Purpose: C/S HEARING
Next Hearing Date: 26-10-2026