Date: 15-10-2019
Business: Adv. Mr. Yadav for the Plaintiff present.
Adv. Mr. Hamid for Defendant-6 present.
Adv. Ms. Poonam Gupta for Defendant no. 1 present.
Adv. Ms. Chandramore for BMC/Defendant no. 3 present.
Original registered N/M No. 3828/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Already tendered Vakalatnama of the Plaintiff.
Already tendered address memo of the Plaintiff.
Vakalatnama tendered by Defendant no. 6. t.o.r. O-filed.
Reply to N/M tendered by Defendant no. 6. t.o.r.
Heard. Perused documents tendered by the Plaintiff and reply filed by Defendant no. 6. Prime facie it reveals that action has been initiated u/s 33 and 38 of the SLUM Act and due to want of evidence regarding the possession prior to 1.01.2000, the Plaintiff has been declared as not eligible and accordingly order has been passed by the Competent Authority on 19.03.2018. Thereafter, it appears that appeal has been preferred by the Plaintiff bearing no. 370/19 against the said order passed in the appeal, the Plaintiff has preferred an appeal u/s 35(1)(A) of the Slum Act before the Grievance Redressal Committee bearing no. 216/18 and the said appeal has been rejected. Considering the action initiated u/s 33 and 38 of the Slum Act, it was observed that the Plaintiff may approach for eligibility, but on account of eligibility the structure cannot be allowed to remain at site. In this background against the Plaintiff has asked relief regarding restraining the Defendant from dispossessing from the suit structure and demolishing the same. It seems that the Hon\''ble High Court in WP No. 165/19 passed order and directions were given to the Additional Collector to decide application within two months and the same has been rejected on 21.09.2019. In this background prime facie the Plaintiff has failed to establish case to grant adinterim relief. Hence adinterim relief is hereby rejected.
Issue writ of summons to the defts No. 2, 4, 5, 7 and 9 through bailiff of sheriff office and simultaneously by RPAD post or speed post.
Matter is adjd. to 5.02.2020 for reply to N/M by Defendant-1 and 3/ WS by Defendant nos. 1, 3 and 6/ proof of service of writ of summons and N/M to Defendant nos. 2, 4, 5, 7 and 9
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Matter adjd to 3/03/2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for the plaintiff.
Adv Chandramore for the defendant
Matter is adjd. to 15.03.2021 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. R. A. Yadav for the plaintiff.
Adv. Mr. Trivedi for the defendant No.3.
Except defendant No.6, the remaining defendants have failed to file reply to N/M. Hence, the NM to proceed without their reply.
Matter is adjd. to 19/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Mr. R. A. Yadav for the plaintiff present.
Adv. Mr. Trivedi for the defendant/SRA present.
Matter is adjd. to 18/10/2021 for hearing on NM 3828/19, at 01.00 p.m..
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No.213 of 2021. Holiday is declared today. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence, board is discharged.
Matter is adjd. to 29.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv R.A. Yadav present for the plaintiff.
Adv Mr.Trivedi present for the defendant no.1
Adv Chandramore present for the corporation.
KB
Adv R.A. Yadav present for the plaintiff.
Matter is adjd. to 30.11.2021 for NM argument
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv Mr.R.A. Yadav present for the plaintiff.
Adv Mr.Trivedi present for the defendant no.1
Adv A.Diamandwala present for the defendant no.6
Govt pleader pointed out that the writ of summons and notice of NM is not served on the Govt pleaders office as per Order 27 Rule 4 of CPC. Ld advocate for plaintiff is directed to serve accordingly. Heard argument on behalf of plaintiff, defendant no.1 and advocate for defendant no.6. Matter is adjourned for the argument of defendant no.2 by the Govt pleader and reply by the plaintiff if any. Matter be listed on 02.12.2021.
Partly argument heard.
Matter is adjd. to 02.12.2021 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Ms.Martina Sakpal present for the defendant.
Argument heard.
Matter is adjd. to 10.12.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv R.A.Yadav present for the plaintiff.
Adv Nidhi Ashiwal present for the defendant no.6
Matter is adjd. to 15.12.2021 for orders.
Next Purpose: ORDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: CORAM : H. H. J. SHRI.V.B.KAKATKAR (C.R.NO. 9)
Plaintiff in person present.
Adv.chandramore for defendant no.1.
Adv.Trivedi for SRA/defendant.
Adv.Kapse for defendant no.2
Adv.Nidhi for defendant no.6.
For the reason separately recorded, the following order is passed.
ORDER
1. Notice of Motion No. 3828 of 2019 is dismissed with cost.
2. Notice of Motion No. 3828 of 2019 is disposed of accordingly.
Matter is adjd. to 28-03-2021
Nature Of Disposal: DISMISSED
Disposal Date: 20-12-2021