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Date: 15-10-2019
Business: Advocate Ms. Smita Jagtap for plaintiff present and filed original Chamber Summons No. 1847/19 along with affidavit in support of Chamber Summons. T.O.R.
Advocate for plaintiff also filed original Notice of Motion No. 3835/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate N.K.Dubey for defendant no.1 present.
Advocate Ms.Mhatre for defendant/MCGM present.
Copy is served on advocate for defendant.
The case is adjourned to 03.12.2019 for Chamber Summons and NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Advocate Shilpa Sakpal h/f S.K. Associates for plaintiff present.
Advocate Arun Dubey for defendant no. 1 present.
Advocate Mhatre for defendant/MCGM, prayed for adjd to file reply and ws.
On perusal of writ of summons, it is duly served upon defendant no.2 on 14/06/2011. Defendant no.2 is failed to appear. On 04/06/19 no ws order is passed against defendant no.2.
The case is adjourned to 03/02/2020 for ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Mrs. Rohini Sorate for plaintiff present.
Adv. Mrs. Todawalkar for deft.no.3/MCGM present, prayed for adjd. to file reply
Adv. Mr. V.T. Dubey for deft no.1 present.
It is notice that W.S. is there on record, but not marked, which is now exhibited.
Exh.2- V/P of adv. Mr. V.T. Dubey for deft no1.
Exh.3- W.S. for deft no.1.
Matter is adjd. for ch/s reply on 24.02.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Mrs. Shilpa Sakpal for plaintiff, it is objected for adjd.
Adv. Mrs. Mhatre for deft.no.3/MCGM, prayed for adjd to file ch/s reply. Adjournment is granted as last chance.
Adv. Mr. Rashid Ansari for deft no1.,
None for deft no.2.
Matter is adjd. for ch/s reply on 02.03.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: HHJ is on leave Hence today board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: C/S REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: adjd.to
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: Adjd. to
Next Purpose: C/S REPLY
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Next Purpose: C/S REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to Covid 19
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: court is Vacant. Matter adj. to next date.
Next Purpose: C/S REPLY
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Ms. Smita Jagtap for plaintiff is present.
Adv. Mr. Khandagale for Defendant No. 2 and 3/MCGM is present and filed say on C/S.
KB LO 4.33 pm.
Adv. Mr. V.T. Dubey for defendant No. 1 is present.
Adv. for the defendant orally requested for time to file C/S reply.
Adjourned for NM reply and C/S reply to 09/02/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: Adv. Ms. Smita Jagtap for plaintiff is present.
Adv. Mr. N.K. Dubey for defendant No. 1 is present and orally requested for time to file Ch/s reply. Granted.
Adv. Mr. Khandagale for defendant Nos. 2 and 3/MCGM is present.
Adjourned for NM reply/Ch/s reply to 07.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Ms. S.F. Kokane for plaintiff is present.
None present for defendant no.1.
Adv. Ms. J.V. Mhatre h/f Adv. Mr. Khandagale for defendant Nos. 2 and 3/MCGM is present and orally requested for time to file NM reply. The sufficient time is already granted. Hence, this request is discarded. The suit is proceeded no reply of defendant No. 2 and 3 on NM.
Defendant No. 1 is absent to reply Chs No. 1847/19. Hence, it is proceeded without his reply.
LO at 3.21 pm.
Adv. Mr. V.T. Dubey for defendant No.1 is present and endorsed say on Ch/s No. 1847/2019.
Heard both the sides on Ch/s No. 1847/2019.
Advocate for defendant No. 1 made statement that his WS exhibit 03 may be treated as reply to NM. TOR.
Adjourned for Ch/s Order/NM hearing to 28.03.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Mr. Ibrahim Gupta for plaintiff is present.
Adv. Ms. Vijayarani Prasad for defendant No. 1 is present.
Adv. Mr. Khandagale for defendant No./MCGM is present.
F.R.S.R. following order is passed on Ch/s No. 1847/2019:
ORDER
(i). Chamber Summons No. 1847/2019 is partly allowed.
(ii). The plaintiffs are called upon to amend actual area of the
suit property in the plaint, positively within two weeks from
passing of this Order.
(iii). The plaintiffs are also permitted to file the correct/actual
Index- II extract, bearing registration No. 9310/2015, of the
suit property, at Exhibit D/1 of the plaint compilation, in
addition to the earlier Index-II filed at the Exhibit D.
(iv). Costs to follow the event.
(v). Chamber Summons No. 1847/2019 stands disposed off
accordingly.
Adjourned for compliance to 13.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Ms. Sothe for the plaintiff is present and filed copy of amended plaint. TOR. It is marked at Exh.04. O- Filed. Copy is supplied to the other sides.
Adv. Mr. N.K. Dubey for defendant No. 1 is present.
Adv. Mr. Khandagale for defendant Nos. 2 and 3/MCGM is present and orally requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS order against defendant Nos. 2 and 3.
Adjourned for no WS order/NM hearing to 21.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Smita Jagtap for the plaintiff is present.
Adv. V.T. Dubey for defendant No. 1 is present.
Adv. Khandagale for defendant Nos. 2 and 3/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant Nos. 2 and 3.
Adjourned for NM hearing (No reply) to 21.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Ms. Sorte for the plaintiff is present.
Adv. Mr. V.T. Dubey for defendant No. 1 is present and orally requested for time to argue on NM. Granted as a last chance.
Adv. Mr. Khandagale for defendant No.3/MCGM is present.
Adjourned for NM hearing (no reply) to 30.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Ms. Sothe for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
None present for defendant No. 1
Adv. Mr. S.C. Khandagale for defendant Nos. 2 and 3/MCGM is present.
Adjourned for written submissions on NM (no reply) to 27.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Mr. Chavan for the plaintiff is present and requested for keeping back the matter. Considering the today\''s board, this request is discarded. The plaintiff is directed to file written submissions on NM on the next date.
None present for defendant No1.
Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present.
Adjourned for written submissions on NM (no reply) to 03.05.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: Adv. Ms. Shabana Sorte for the plaintiff is present and filed written submissions on NM No. 3835/2019. TOR. Copy is supplied to both the sides.
Adv. Ms. Prasad h/f Adv. Dubey for defendant No. 1 is present.
Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present.
Adjourned for written submissions by defendant (no reply) to 14.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Ms. Swati Sonar for the plaintiff is present.
Adv. Ms. Prasad for defendant No.1 is present and requested time to file written submission on NM. Time is granted.
Adv. Mr. G.O. Giri for defendant Nos. 2 and3/MCGM is present.
Adjourned for written submissions by defendant to 11.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Mrs. Shabana Sote for the plaintiff is present.
None present for defendant No.1.
Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present.
Defendant are absent to file written submissions on NM. Hence, the matter is posted for NM Order.
Adjourned for NM Order to 26.09.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Mr. Rohit Keval for the plaintiff is present.
None present for defendant No.1.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant Nos. 2 and 3/MCGM is present.
The Court is busy in dictating Judgment in SU No. 2230/11.
Adjourned for NM Order to 13.10.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Adv. Mr. Rohit for the plaintiff is present.
None present for defendant No.1.
Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present.
The following Order is passed in NM No. 3835/2019.
-: O R D E R : -
01. The plaintiffs took out the present Notice of Motion -the NM, for directing defendant No.1 to pay the assessment taxes levied by defendant No.3 and for depositing Rs. 2.50 lakh in Court, in order to avoid attachment of the suit property. Perused the NM, the accompanying affidavit of plaintiff No.1, written submissions of the plaintiffs and the record. Whereas, the defendants didn’t prefer to contest this NM.
02. Considering the record, at the outset, it is pertinent to note that the plaintiffs filed the NM contending that defendant No. 1 illegally constructed a tin shed, admeasuring 1458.07 sq. meters, with mezzanine floor, without their permission, who are landlords of the suit property, and that of defendant No. 3. It is, therefore, he is liable to pay the taxes as per the notice from 01.02.2019. Further defendant No.1 is in illegal occupation of the suit property and as such, he is liable to pay the said taxes and to deposit the amount of Rs. 2.50 lakh, towards the outstanding the property tax, in order to avoid attachment of the property. At this stage, it is worth notable that by filing his written statement, vide Exhibit 3, defendant No.1 denied the plaintiff’s status as the owners of the suit premises. He presented himself as a tenant of one Tarachand Chajed, since 1985. He contended that the said Chajed agreed to convert this tenancy into ownership for consideration of Rs.6.51 lakh and accordingly, he paid the same as per the writings dtd. 01.01.1999. Moreover, the said Conveyance Deed dtd. 16.06.2015 is illegal. He challenged the notice of dtd. 05.01.2001, issued U/s. 55 of the MRTP Act, by filing W.P. No.123/2001. On this backdrop, it is crystal clear that at this stage of this matter, the plaintiffs’ contention regarding the alleged illegal construction and occupation of defendant No.1 aren’t readily inferred. Contrarily, in view of his defence, certainly, he raised some triable issues and denied the plaintiffs’ propriety on the property. In the circumstances, at this interim stage, when the parties are still to substantiate their stands on trial, the reliefs sought in view of this NM can’t be considered. Else, it would create the situation of chaos. On this backdrop, I am of the opinion that presently, the NM needs to be disposed of as filed. Hence, NM No. 3835/2019 is disposed of as filed.
Adjourned for draft issues to 15.12.2023.
Nature Of Disposal: OTHER
Disposal Date: 13-10-2023Filing Number: 111235/2019 Filing Date: 15-10-2019 First Hearing Date: 15th October 2019 Decision Date: 13th October 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: 13.10.2023 Sr. No. 33 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 681/18 NM 3835/19 Adv. Mr. Rohit for the plaintiff is present. None present for defendant No.1. Adv. Mr. G.O. Giri for defendant Nos. 2 and 3/MCGM is present. The following Order is passed in NM No. 3835/2019. -: O R D E R : - 01. The plaintiffs took out the present Notice of Motion - the NM, for directing defendant No.1 to…
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