Zakir Hussein M. Jama AnsariVsThe Municipal Corporation Of Greater Mumbai

Date: 18-10-2019
Business: By praecipe
Advocate Saraogi for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present.
Advocate for plaintiff submitted that similar suit is listed on 23.10.2019. He requested to list this case  on same day.
    The request is accepted. Plaintiff is at liberty to move this Court for ad-interim order on 23.10.2019.
Advocate Ms. Chavan for defendant /MCGM present and pleaded that no instructions are forthcoming.
Authenticated copy of roznama be given to parties to suit.
The case is adjourned to 23.10.2019  for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Advocate A.M.Saraogi for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present submitted that the officer is on election duty and so could not pass on instructions to her. She sought time. Time is granted.
Considering circumstances parties to maintain status quo in respect of the suit structure till next date.
Leave is granted to register Notice of Motion.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 06.11.2019  for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Advocate A.M.Saraogi for plaintiff present and filed original Notice of Motion No. 4059/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present.
The case is adjourned to 08.11.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Advocate A.M.Saraogi for plaintiff present.
Advocate Som Singh a/w adv. Ms. Chavan for defendant /MCGM present and filed list of documents. TOR and marked as Exh.2.
Heard advocate for plaintiff and defendant/MCGM.
Perused the record.
   The Plaintiff has sought the relief that the structure shall not be demolished by the defendant unless the alternate premises equivalent to the premises sought to be demolished are made available to the plaintiff apart from the mezzanine floor to be declared as legal one.
    Perusal of the documents filed by the plaintiff reveals that the suit shop is partly affected by road widening.
  The documents produced by the defendant with affidavit Exh.2 reveal that the plaintiff being occupier of structure no.111 is offered alternate premises of 225 Sq. feet.  Those further reveal that on 31.05.2018 plaintiff has written a letter to the defendant requesting to give hearing to him about Kurar Pattern. Documents further reveal that a hearing was given on 06.06.2018 and the permission for Kurar Pattern was refused. However later on, by an order dated 30.08.2019 he is allowed to have the benefit of Kurar Pattern.
    Now, the plaintiff is claiming that he should be given alternate premises apart from regularising the mezzanine floor.
     The plaintiff has not disclosed the fact that he only had requested for getting the benefit of Kurar Pattern. Advocate for plaintiff submitted that plaintiff does not know contents of letter dated 31.05.2018. She questioned the plaintiff about the signature on the letter and the plaintiff admitted the signature on it.
    Considering the circumstances what appears is that on getting the benefit of Kurar pattern the plaintiff now intends to have alternate premises also. He can not claim both the benefits. The conduct of the plaintiff is not at all equitable.
     Advocate for plaintiff submitted that the mezzanine floor is quite old and exists since beginning.

contd.../-
SU 2713/19 contd.../-
The assessment record produced by the plaintiff reveals that the structure assessed was AC shed. Thus Plaintiff\''s contention of having a regular mezzanine floor is prima-facie not established. Thus plaintiff has failed to make out a prima-facie case. Consequently I pass following order -
ORDER
1. Ad-interim relief as sought is refused.
2. Leave is granted to register Notice of Motion.
3. Defendant to file reply to Notice of Motion.
Joint application filed advocate for plaintiff for staying the effect and operation of order dated 08.11.2019 TOR and marked as Exh.3
O- Other side to say
Perused. Heard.
This Court has concluded that the plaintiff has not made out a case for grant of ad-interim relief.  If the effect and operation of said order is stayed it will amount to grant of reliefs sought by the plaintiff.  This is not acceptable in law. Hence the order -
ORDER
1. Application Exh. 3 is rejected.
2. Costs in cause.
Authenticated copy of roznama be given to  parties.
The case is adjourned to 16.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Shrivastav h/f Adv. Saraogi for plaintiff present and filed writ of summons.
Adv. Chavan for deft./MCGM, prayed for adjournment to file reply.
Matter is adjd. for Reply to 06.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lockdown.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020

Date: 23-06-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 20.04.21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Mr. Ravindrasingh  for plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Ms. Mhatre for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM reply.
Adjourned for NM reply to 25/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: Adv. Karan Choudhari for the plaintiff is present.
Adv. Ms. Mhatre for defendant /MCGM is present.
Adv. for defendant orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 08.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Matter adjourned for NM reply and WS to 26.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: PO is on training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Adv. Mr. Parwani h/f Adv. Sarogi for the plaintiff is present.
Adv. Mrs. J. V. Mhatre h/f Adv. Somsinha for defendant/MCGM is present and filed demolition report. TOR. It is marked at Exh. 03. Copy is supplied to the other side. The plaintiff is called upon to go through this report and to file with his stand on the next date.
Adjourned for status report by plaintiff/NM reply to 14.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and made the statement that the suit structure is already demolished in view of the report filed by the defendant. He further submitted that the plaintiff wants to take certain steps by filing Ch/s. Time is granted.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed reply to NM No. 4059/2019.
Adjourned for NM hearings/Suitable order to 13.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Ms. Sana Khan for the plaintiff is present
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO 03:55 pm.
Advocate for the plaintiff tendered draft NM and draft Ch/s along-with affidavits. O-Leave is granted to register till the next date. The plaintiff is called upon to ensure due service to draft NM and draft Ch/s on the other side.
In view of the changed scenario, when the defendant contended to have demolished the notice structure and the plaintiff admitted this position, there remains nothing in NM No. 4059/2019. In the result, the same stands disposed of as infrcutuos.
Adjourned for registration of Ch/s and NM/NM reply to 03.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Ms. Sana Khan for the plaintiff is present and filed original registered NM No. 3657/2022 and Ch/s No. 1578/2022 along-with affidavits. TOR.
Adv. Mr. Somsinha a/w Adv. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file Ch/s reply and NM reply. Time is granted.
Adjourned for Ch/s reply/NM reply to 10.01.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As per Office Order No. 263/2022 dated 28.12.2022, HHJ is relieved at 02:00 pm. today for interview at the Hon\''ble High Court, Bombay. Board of afternoon session is discharged and matter is adjourned.
Adjourned for Ch/s reply to 23.02.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Mr. Karan Choudhary for the plaintiff is present.
Adv. Mr. Pratik Shetty i/b Adv. Sinha for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Adjourned for Ch/s reply and NM reply to 27.04.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. Pratik Shetty h/f Somsingh for the defendant/MCGM is present and requested time to file Ch/s. reply. Time is granted.
Adjourned for Ch/s. reply / NM reply to 22.06.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. S.S. Chavan for defendant/MCGM is present.
Adv. Mr. Som Sinha for defendant is present and submitted that he is not required to file reply on Ch/s. and ready to argue on Ch/s. on the basis of available record.
Adjourned for Ch/s. hearing/NM reply to 18.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Ms. Devki Sahu h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. G.O. Giri h/f Adv. Somsinha for defendant/MCGM is present. He informed that the counsel is busy in other matter.
Adjourned for Ch/s. hearing/NM reply to 12.09.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Mr. Karan Choudhari for the plaintiff is present.
Adv. Mr. Pratik Shetty a/w Adv. Mr. Khandagale h/f Adv. Som Singh for defendant/MCGM is present and requested time for Ch/s. hearing. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 07.11.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and sought time to argue the Ch/s.. Time is granted.
Adv. Mr. Som Sinha for defendant/MCGM is present.
Adjourned for Ch/s. hearing/NM reply to 09.01.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. Sadaf Abridi h/f Adv. Somsinha for defendant/MCGM is present and requested time to keep back the matter, as her senior is busy before the Hon’ble High Court. Considering today’s board, her request is discarded.
Adjourned for Ch/s. hearing/NM reply to 05.03.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-03-2024

Date: 05-03-2024

Date: 30-04-2024

Date: 15-06-2024
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. S.R. Yadav h/f Adv. Som Sinha for defendant/MCGM is present and requested time to argue the Ch/s. as Counsel is not available. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 30.07.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. Som Sinha a/w Adv. Mrs. S.R. Charatkar for defendant/ MCGM is present. The Court is busy in Order in NM No. 2791/2024  and in other preacipe matters.
Adjourned for Ch/s. hearing to 19.09.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-09-2024

Date: 19-09-2024

Date: 15-10-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mr. Som Sinha Adv. Mr. S.R. Yadav for defendant/ MCGM is present and sought further time to verify the allotment of alternate accommodation to the plaintiff. Time is granted.
Adjourned for steps to 14.11.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav h/f Adv. Mr. Som Sinha for defendant/MCGM is present and sought time to verify alternate accommodation to the plaintiff. Time is granted.
Adjourned for steps to 07.01.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: Adv. Mrs. Neha Pandey for the plaintiff is present. Adv. Mr. Som Sinha a/w Mr. S.R. Yadav for defendant/BMC is present and sought time to verify whether alternate accommodation is provided to the plaintiff. Time is granted.
Adjourned for steps to 18.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None present for the plaintiff. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that due to lack of instructions he could not file reply to NM and Ch/s.. Hence, Time is granted shortly.
Adjourned for NM reply/Ch/s. reply to 18.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Adv. Mr. Shrivastava for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 4.42 p.m.
Adv. Mr. Vikas Mishra for the plaintiff is present. Rest appearance is as above.  Mr. Sachin Daur JE, is present and submitted that he has to verify the office record whether alternate accommodation is provided. Hence, matter is adjourned for NM hearing.
Adjourned for NM hearing to 01.04.2025.
                                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: Adv. Mr. Ravindra Singh a/w Adv. Mr. Vikas Mishra for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Adv. Mr. S.R. Yadav for defendant/BMC is present and filed copy of allotment given to the plaintiff along-with list. Taken on record. O- Filed. Copy is supplied to the other side. Advocate for plaintiff submitted that he will take instructions. Ld. Counsel submitted that in view of allotment nothing remains in the suit as well as NM. The plaintiff to remain present on the next date and make statement in view of the allotment letter. By consent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat/appearance of plaintiff to 10.05.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-05-2025

Date: 10-05-2025
Business: Matter pertains to Court Room No.11
None present for plaintiff.
Adv. V. G. Shinde for defendant/BMC present.
Not settled.
Matter be posted to 11/07/2025 for same stage from which matter was referred to lok-adalat.
Next Purpose: FOR___________________
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: PO is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: Adv. Ms. Pallavi Ashar for the plaintiff is present and submitted that she is suffering from earing problem and if Adv. Mr. Saraogi is not available on the next date she will argue on the next date. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for Ch/s. hearing to 12.09.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Ms. Pallavi Ashar for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Kept back.
Later on 4.02 p.m.
Adv. Mr. Sahil Ansari for the plaintiff is present. Rest appearance is as above.
The Ld. advocate for the plaintiff partly argued Ch/s. and has submitted he be gratned opportunity to file fresh Ch/s. to bring on recod some additional fact to rectify some defect. The Ld. advocate BMC has objected the above fact on the ground that Ch/s. filed by the plaintiff is absolutely false. Inspite of above objection plaintiff is granted permission to take out Ch/s. as prayed. The defendant will have opportunity to file reply and advance argument on the same.
Adjourned for steps by plaintiff to 12.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and sought time to take steps. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde h/f Adv. Mrs. Metakari for defendant/BMC is present.
Adjourned for steps by plaintiff to 04.12.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: The plaintiff is present in person.
Adv. Mrs. Pallavi Ashar for the plaintiff is present and filed application for unconditional withdrawal of suit. Taken on record. It is marked as Exhibit 4. O- Other side to say.
Adv. Ms. Rutuja Bhise a/w Adv. Mrs. Sheetal Metakari h/f Adv. Mr. Som Sinha for defendant/BMC is present and endorsed say on Exhibit 4. Heard.
Order below Exhibit 1 :
	The plaintiff has filed application vide Exhibit 4, seeking permission to unconditionally withdraw the suit.
	It appears that in view of reasons mentioned in the application vide 4, the plaintiff is not interested in prosecuting the suit. Hence, I am inclined to pass following Order.
ORDER
01.	Suit is disposed of as withdrawn unconditionally.
02.	In view of above Order pending applications if any, NM No. 	3657/2022 and Ch/s. No. 1578/2022 disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-12-2025

NOTICE OF MOTION/104059/2019
CHAMBER SUMMONS/101578/2022
NOTICE OF MOTION/103657/2022

Filing Number: 111268/2019
Filing Date: 15-10-2019
First Hearing Date: 18th October 2019
Decision Date: 04th December 2025
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE