Date: 17-10-2019
Business: Advocate Amin for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
Defendant no.1b present.
Mr. Gautam Vinod Pimple, Maintenance Surveyor, City Survey Office, Vile Parle present and submitted that out of the documents called for he has got three documents. He seeks time to trace out remaining documents. Time is granted.
Advocate for plaintiff submitted that witness summons is served on the office of Municipal Corporation.
No witness is appearing for the office of Municipal Corporation. Advocate for plaintiff undertakes to inform the witness from office of Municipal Corporation about the next date in the case.
Advocate Ms. Jyoti Pandey for applicant present and filed original Chamber Summons No. 1795/19 along with affidavit in support of Chamber Summons. T.O.R.
Copy served on advocate for plaintiff.
Advocate for plaintiff submitted original witness summons with acknowledgement of office of Municipal Corporation Bombay and original summons with acknowledgement of office of City Survey-Vile Parle. Those are TOR and marked as Exh. 99 colly.
Advocate for applicant undertakes to serve copy of Ch./s on defendant 1 b.
On request of witness, the case is adjourned.
The case is adjourned to 11.11.2019 for RE (PH).
Next Purpose: C/S REPLY
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Ms. Sumedha Sawant for plaintiff present.
Advocate Ms. Chavhan h/f adv. Hajare for defendant/MCGM present.
Adv. Ms. Jyoti pande for applicant, prayed for adjd.
Mr. Dhananjay Halwai for defendant no.1(b) present.
Plff has filed reply on Ch/s no. 1795/19.
Matter is adjd. for argument on Ch/s on 29.11.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Reason For Adjournment: court time is over
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Date: 02-11-2023
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: Adv. Mr. Nainesh Amin for the plaintiff is present. He filed pursis along-with photocopy of Order in W.P. No. 952/2020. Taken on record. It is marked as Exhibit 107. O- Filed. It seems that in view of this Order, the Hon’ble High Court pleased is direct disposal of the suit within 3 months from the date of this Order - 03.10.2023. On inquiry, Sheristedar informed that no writ in this behalf is received earlier by this Court. Hence, In view of this Order Ch/s. No.1795/19 be restored at its original stage. As per this Order, the advocate for plaintiffs also filed list of documents in Ch/s.. Taken on record. It is marked as Exhibit 108. O- Filed.
Copies are supplied to the other side.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.4/ MCGM is present.
Applicant No.3F - Mr. Yogesh Kishor Varma is present in person and filed the intimation along-with photocopy of Order in W.P. No. 952/2020. Taken on record. It is marked as Exhibit 109. O- Filed. His advocate is absent. On his request, the matter is kept back.
Later on at 3.45 p.m.
The appearance is as above.
Adv. Mrs. Joyti Tripathi for the applicants in Ch/s. is present and requested time to file documents in Ch/s. as per Order of the Hon’ble High Court. It appears that by concent of the parties, the matter is directed to disposed of within time-bound schedule. Further, although this Order is of dtd 03.10.2023, till today, the applicants are not ready to file documents and to proceed with the Ch/s. as per directions of the Hon’ble High Court. Still considering her request, the matter is adjourned. She filed application for inspection of suit. Taken on record. It is marked as Exhibit 110.
O- Granted.
Adv. Ms. Pallabi Chaterjee h/f Adv. Ghadigaonkar for defendant Nos. 1 to 3 is present.
Adjourned for Ch/s. hearing/RE (PH) at 3.45 p.m. to 03.11.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Mr. Nainesh Amin for the plaintiff is present. He is heard on Ch/s..
Adv. Mr. Dhananjay Halvai for defendant Nos. 1b is present.
Adv. Mr. S.C. Khandagale for defendant No.4/MCGM is present.
Rest of the defendants are absent.
None present for the applicant in Ch/s.. The suit is High Court Time Bound. Hence, the Ch/s. is posted for Orders as per record.
Later on at 4.12 p.m.
Adv. Mr. Ghadigaonkar for defendant Nos. 2 and 3 is present. He is informed that the matter is already adjourned.
Adjourned for Ch/s. Order to 04.11.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Adv. Mr. Chetan Mhatre h/f Adv. Amin for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Rest of the defendants are absent.
None present for the applicant in Ch/s.
The Court is busy in other urgent matters.
Adjourned for Ch/s. Order to 07.11.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present.
Adv. Mrs. Jyoti Tripathi for applicants in Ch/s. is present. She filed application for production of documents, along-with affidavit of applicant, and time to argue Ch/s.. Taken on record. It is marked as Exhibit 111. O- Other side to say. She also filed the acknowledgment pursis to have supplied these documents on other side. Taken on record. It is marked as Exhibit 112. O- Filed.
Later on at 3.30 p.m.
Adv. Mr. Amin for the plaintiff is present and endorsed say on Exhibit 111. Rest appearance is as above. Heard. O - The advocate for applicants requested time to argue Ch/s., as the counsel is not available. It is very surprising and painful that although by consent of the parties, the matter is directed to be disposed of within 03 months, still the applicants are not ready to proceed with the Ch/s.. Hence, the production of documents, along-with affidavit of applicant, is allowed and the matter is adjourned tomorrow, with direction to the applicants to argue Ch/s. positively and to co-operate in early disposal of the suit.
Adjourned for Ch/s. hearing at 3.30 p.m. to 08.11.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Mr. Amin a/w Adv. Mr. Ketan Mhate for the plaintiff is present.
Adv. Mr. Ghadigaonkar for defendant Nos. 1 to 3 is present.
Adv. Mr. G.O. Giri for defendant No.4/MCGM is present. Rest of the defendants are absent. Adv. Mr. Abhyankar for applicant in Ch/s. is present. Heard both the sides on Ch/s..
Adjourned for Ch/s. Order to 23.11.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Ms. Pradnya Bamne for the plaintiff is present.
Adv. Mr. Suryavanshi h/f Adv. Mr. Khandagale for defendant No.4/ MCGM is present. Rest of the defendants are absent.
Adv. Mrs. Jyoti Tripathi for applicant in Ch/s. is present.
F.R.S.R. Following Order is passed in Ch/s. 1795/2019.
-: O R D E R :-
(i). Chamber Summons No.1795/2019 stands dismissed.
(ii). Chamber Summons No.1795/2019, is, accordingly, disposed of.
Adjourned for RE (PH) to 24.11.2023.
Nature Of Disposal: DISMISSED
Disposal Date: 23-11-2023
