Date: 11-12-2019
Business: Alredy Adjd to 12-12-2019 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Laxman Shahapur for plaintiff present and registered original NM NO. 3845/19 along with affidavit.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
In continuation of order on ad-interim relief dated 10-10-2019 following order is passed -
If the order of Defendant/MCGM will be adverse to plaintiff\''s interest, the same shall not be enforced for one week from communication of order to the plaintiff.
On oral request of advocate for Defendant, adjournment granted
Earlier order, if any, to continue till next date.
Adjd to 18-02-2020 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Laxman Shahpur for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjd to 24.04.2020 for reply by corporation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Addj to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv Mr. Kuldeep Singh h/f Adv Mr. Laxman Shahapur for plaintiff present.
Adv Mrs. Hajare h/f Adv Mrs. Chavan for deft/ MCGM present and request to file reply to N.M. No.3845/2019- Time granted till next date. .
Earlier order, if any, to continue till next date.
Matter adjd to 18/03/2021 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan 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 04/05/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: CORAM : H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Rohit Kumar Mishra h/f Adv. Mr. Shahapur for plaintiff present.
None for defendants/MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 05/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Rohit Mishra h/ Adv Shahapur for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM.
O- Time is granted till next date.
Adjd. To 02/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv Shahapur for plff present.
Adv Mrs Rawade for defendant / MCGM present seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv Shahapur for plaintiff present.
Adv Mrs Rawade for defendant / 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.
Adjd. to 28/04/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv Mishra for plaintiff present.
Adv Mrs Rawade 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 18/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Rohit Mishra for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM 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 04/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: (Matter pertains to C.R. No. 4)
Adv. Rohit Mishra for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/11/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 07/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Due to paucity of time, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 30/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv Rohit Mishra h/f Adv Shahapur for plaintiff present.
Adv Mhatre for deft/BMC present and requested time to file reply to NM . O- Granted.
Earlier order, if any, to continue till next date.
Matter is adjd. to 22-06-2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Advocate Rohit Mishra for plaintiff present.
Advocate Mhatre 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 12.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Advocate Laxman Shahapur for plaintiff present.
Advocate Mhatre 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 19.12.2023 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: Advocate Mishra for plaintiff present.
Advocate Mhatre 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 01.03.2024 for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Advocate Shrusti Dubey h/f for plaintiff present.
Advocate Jyoti Patil- Mhatre 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 18.04.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Matter pertains to C. R. No. 4
Advocate Rohit Mishra h/f Shahapur for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 02.07.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Advocate Rohit Mishra for plaintiff present.
Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Adjd to 20.08.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 08.10.2024 for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Shahapur for plaintiff present.
None for Defendants/BMC.
Earlier order, if any, to continue till next date.
Adjd to 26/11/2024 for N/M reply and service of Writ of
Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: None for plaintiff.
Adv. Bharti for defendant present and requested time to file reply
O- one more time is granted as last chance.
Adjourned for Nm reply to 21.01.2025
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Rohit Mishra h/f Adv. Mr. Shahapur for the plaintiff is present. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded and the NM is proceeded without reply. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (Without reply)/writ of summons to 20.03.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Laxman Shahapur for the plaintiff is present. He sought time to argue on NM and to ensure service of writ of summons. Time for service is extended till the next date. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. The parties are called upon to filed written submissions on NM. Earlier Order, if any, is continued till the next date.
Adjourned for written submissions on NM (No reply)/writ of summons to 15.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter Pertains to C. R. No. 04)
Adv. Chavan for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for written submissions on NM (No reply)/writ of summons to 12.09.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane h/f Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for NM hearing( No reply ) to 28.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Rupali Patil for defendant/MCGM is present.
Adjourned for NM hearing to 17.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Shahapur for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Order below Exhibit 2
Adv of plaintiff has filed this application to continue ad-Interim order. He prays, suit was fixed on 12.09.2025, however, plaintiff was inadvertently not appeared in the Court, therefore, ad-interim relief was not continued. It was the mistake of Advocate who was taken the wrong date inadvertently. He prays apology and submit that, earlier order may be continued.
Heard argument. Perused record.
It appears, ad-interim relief was granted on 10.10.2019. It was continued time to time. As none was present on behalf of plaintiff, ad-interim relief discontinued 26.11.2024. Again it was continued on 21.01.2025 and thereafter, none was present for the plaintiff, again it was discontinued on 12.09.2025.
I am of view that, it is not choice of plaintiff to appear before the Court as per his whims and get the ad-interim order continued, which was discontinued on account of his non appearance. The interim protection was granted in the year of 2019. It was prolonged by or other pretext. Therefore, it would not be appropriate to continue the ad-interim relief which was discontinued due to mistake of Adv of plaintiff.
At the most, the Ld. Adv of plaintiff can argue the NM at full fledge as pleadings are completed, so that, the Court can decide the same on merit finally. Accordingly, Application Exhibit 2 stands dismissed and finally disposed of.
Adjourned for NM hearing ( No reply ) to 21.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2026
Date: 21-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Laxman Shahapur for the plaintiff is present
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Keep back
Later on at 5.05 pm
Adv. Deepali Bobade h/f Adv. Shahapur for the plaintiff is present and seeks time for NM hearing. O- Granted.
Adjourned for NM hearing ( No reply) to 04.04.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms.Deepali Bobade for the plaintiff is present and seeks time for argument as arguing advocate is not available.
Adv. Ms.Rupali Patil for defendant/MCGM is present.
Adjourned for NM hearing to 20.06.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2026
Date: 20-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Shahapur for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed pursis vide Exhibit 3 that, as per the instruction of Competent Officer of the BMC, still they have not demolished structure yet and they have also decided that, they would follow the Due process of law in respect of the impugned structure.
In response to the above submission (Exhibit 3 ) made by the BMC officer, the Ld Adv. of plaintiff has filed pursis vide Exhibit 4, stating that, as Officer of the BMC would follow the due process of law, the Suit and Notice of Motion would not be survived. Therefore, it may be disposed of.
Heard argument. Perused the pursis, the letter of Competent Officer and relevant documents filed by BMC and the pursis filed by plaintiff.
I am of view that, still the structure is not demolished and the Competent Officer of respondent MCGM undertakes vide Exhibit 3 with relevant document that, they would follow the due process of law while taking action against the impugned structure. In the peculiar circumstances, the Notice of Motion No. 3845/ 2019 and suit No. 2659/2019 would not be survived and needs to be disposed of.
In the circumstances, Notice of Motion No. 3845/ 2019 and suit No. 2659/2019 stands finally disposed of.
Nature Of Disposal: OTHER
Disposal Date: 20-06-2026
