Shankar Dharmaraj GomteVsM.C.G.M.

Date: 01-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: As court on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for Ch/s Reply to 03/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Advocate for Plaintiff present.
Advocate for defendant/BMC present.
Court busy in Hearing Other Urgent Matters.
Adjourned for C/S Reply to 23.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: CORAM H.H.J. SHRI. G.B. GURAO (C.R. NO.11) Matter pertains to C.R. No. 6 ADv. Mr. Saraogi for plaintiff present. Adv. Ms. Dhuri for deft./MCGM present. Matter is adjoruned for NM Hearing to 28/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on Leave
Adjd for N/M Hearing  to 27.09.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Hearing to 15.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for NM Hearing to  04.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022

Date: 02-02-2022

Date: 16-02-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Defendant/BMC is granted last and final chance to file Reply  Chamber summons No. 942/2019
Adjd for Ch/s Reply to  21.02.2022 at 11.30 a.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Advocate Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present and filed reply to Ch/s. No. 942/2019.
Adjd for Ch/s Hearing to 28.02.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Court is on Leave
Adjd for Ch/s Hearing to  04.03.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Advocate Narvekar for plaintiff present and filed Affidavit in rejoinder to reply of Chamber Summons No. 942/2019.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Arguments to  09.03.2022 at 11.30 a.m.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Advocate Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for defendant /BMC submitted that she will produce certain documents on next date in support of their reply on both Chamber summons.
Hence on oral request of Advocate defendant/BMC matter is adjourned for Chamber Summon hearing / Filing of document of BMC.
Adjd for Ch/s Hearing /Filing of Documents of BMC to  23.03.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Advocate Narvekar for plaintiff present.
Advocate Amol Diwate for defendant/BMC present and filed List of documents Marked as Exh. 04, O Filed.
With the consent of both the advocate matter is adjourned for Ch/s Hearing.
Adjd for Ch/s Hearing to  06.04.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Heard argument on both sides on Ch/s. No. 942/2019 and Ch/s. No. 2108/2021
Adjd for Further Hearing on  Ch/s. No. 942/2019 and Ch/s. No. 2108/2021 to 08.04.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
F.R.S.R. following order passed on Ch/s. No. 942/2019.
ORDER
1.	The Chamber Summons No.942/2019 is partly allowed.
2.	The plaintiff is permitted to cause amendment in the plaint as per paragraph Nos.3,4,5,8,9,10,11,12, and 13  in the schedule annexed with the chamber summons.
3.	The prayer to cause amendment as per paragraph Nos.1,2,6 and 7 is  rejected.
4.	The proposed amendment shall be carried out in the plaint within 14 days from today.
5.	The Chamber Summons No.942/2019 is disposed off.
F.R.S.R. following order passed on Ch/s. No. 2108/2019.
  ORDER
1.	The  Chamber Summons No.2108/2019 is allowed in terms of prayer clause (a) only.
2.	The plaintiff is permitted to cause amendment in the plaint as per the schedule annexed with the chamber summons.
 3.	The proposed amendment shall be carried out in the plaint within 14 days from today.
4.	The Chamber Summons No.2108/2019 is disposed off.
Adjd for NM Hearing Hearing to 29.04.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Advocate Narvekar for plaintiff present and filed amended copy of plaint. t.o.r. Copy served.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Affidavit in Reply to the Notice of Motion of plaintiff adopted as written statement by defendant/BMC  it is Marked as Exh. 5
O Read and Recorded.
On oral request of Advocate for defendant /BMC matter  adjourned for filing additional written statement.
Adjd for Additional Written Statement to  08.06.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: As court is on leave. matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: As court is on leave. Board is discharged.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Advocate for plaintiff present and she has submitted pursis Exh.6 therein submitted that NM No. 1458/2019, NM 921/2019, NM 3877/2019 be tag with the main file. Accordingly so and so  NM No. 1458/2019, NM 921/2019, NM 3877/2019 are tag with the main proceeding suit.
Advocate Smt. Deepali Patil for defendant/BMC present and filed additional written statement Exh. 5A. Copy served.
Adjd for Framing Issues to 29.06.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Framing Issues to 01.07.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Issues Framed.
Advocate for plaintiff filed affidavit of examination       in chief of Shri. Shankar Dharmaraj Gomte marked as Exh. 8. O- Read & Recorded.
and also filed Compilation of documents Exh.9. Copy Served.
Adjd for Hearing on Compilation/R./E. to 13.07.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Plaintiff present.
Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Heard argument on both on compilation of Exh. 9.
Following order is passed on below Exhibit- 9
Document at Sr. No. 1, 2, 3 ,4, 6, 7,10,11,12 are Marked as Exh. 10 to 18 respectively.
Adjd for Cross examination of PW-1/   to  29.07.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Advocate Narvekar for plaintiff present and filed application for marking documents at Sr. 8 and Sr. 9 of compilation of plaintiff at
Exh. 19 O- Allowed
Document at Sr. 8 i.e. Pan Card Marked as Exh. 20  and Sr. 9 i.e. Aadhar Card. Marked as Exh. 21,
Verified with originals.
Cross examination  to PW-1 is commence and completed.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Letter received from Hon\''ble High Court D.D. (AO) No. C0717229 of 2022 dated 19.07.2022  in Suit No. 3074 of  2018 in Appeal from order No. 77 of 2022.
CORAM : ANUJA PRABHUDESSAI, J.
DATED : 6th JULY, 2022.
P.C.
1. In view of the reasons stated in the request letter dated 29.04.2022, time to dispose of L.C. Suit No. 3074 of 2018 is extended by six months.
Adjd for  Further evidence of Plaintiff / R.E.P.H. to 08.08.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Advocate for plaintiff present and filed pursis marked as Exh. 22 O – Seen and Filed.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Evidence of defendant/BMC to 12.09.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Advocate Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
On request of advocate for defendant/BMC matter adjourned for filing evidence of defendant.
Adjd for Filing evidence of defendant/BMC /R.E.P.H.  to   21.09.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Advocate Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Shri. Vinod Sandip Kondibhau, Sub Engineer, Building and Factory dept, G South Ward For BMC present.
On request of advocate for defendant/BMC short adjournment is granted for filing evidence.
Adjd for Filing evidence of defendant/BMC  to  07.10.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
It is submitted by the Advocate for the BMC due to personal difficulty of BMC officer today she is unable to file evidence affidavit of witness. Hence On request of advocate for defendant/BMC short adjournment is granted.
Adjd for Filing evidence of defendant /BMC to  21.10.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Court is on Leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Shri. Nighot Sandeep Kondibhau Sub Engineer, G South for BMC present.
On request of advocate for defendant/BMC short adjournment is granted.
Adjd for filing evidence of defendant/BMC to  11.11.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for filing evidence of defendant/BMC  to 21.11.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Court is on leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Court is on leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present and filed Affidavit in evidence of examination in chief of Mr. Nighot Sandeep Kondibhau Marked as Exh. 23  O-Read and Recorded and  Compilation of document Marked as Exh. 24  Copy served  O- filed say on Compilation
Adjd for Hearing on compilation of defendant /R.E. P.H. to  07.12.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
On request of Advocate for defendant/BMC short adjournment is granted
Adjd for Hearing on compilation of defendant /R.E. P.H  to  16.12.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present and filed  application for production of documents at       Exh. 25 O - Allowed  and also filed compilation of documents at Exh. 26 O – Other side to say.
Adjd for  Hearing on compilation of defendant /R.E. P.H to  21.12.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Advocate for plaintiff present and filed say on compilation of defendant/BMC  Exh. 26 itself.
Advocate Smt. Deepali Patil for defendant/BMC present.
D.W -1 absent.
Adjd for Hearing on compilation of defendant/R.E.P.H to 02.01.2023.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present Heard argument of both sides on Compilation of document at Exh. 26. The following documents are exhibited as under:
Sr. No. 1  Original Copy of compliant Marked as Exh. 27
Sr. No. 2  Original copy of Panchnama Marked as Exh. 28 and Sketch Marked as Exh. 28-A
Sr. No. 3 Original Copy of Stop work Notice Marked as Exh. 29
Sr. No. 4 Original Copy of letter dated 17.11.2018 Marked as Exh. 30
Sr. No. 5 Original copy of Speaking order dated 22.11.2018 Marked as Exh. 31
Sr. No. 6 Original copy of Demolition Report dated 22.11.2018 Marked  Exh. 32
Sr. No. 7 Original copy of Notice of Demand Marked as Exh. 33.
Adjd for Cross examination of DW-1/R.E. to  13.01.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
On request of Advocate of plaintiff short adjournment is granted for cross examination of DW-1
Adjd for Cross examination of DW-1/R.E.P.H. to  16.01.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Advocate Pooja Narvkekar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
L.O. at 12.30 p.m.
Advocate A. M. Saraogi alongwith Pooja Narvkekar for plaintiff present
Shri. Nighot Sandip Kondibhau Sub Engineer, G South for BMC present.
Advocate for plaintiff filed application Marked as Exh. 34 for framing additonal issues O- Defendant to file say
Advocate for defendant/BMC seeking time for filing say on application ( Exh. 34) O- Granted time till next date.
Plaintiff is directed to provide copy of application       (Exh. 34) to defendant/BMC.
Adjd for Filing say on Exh. 34/R.E. to  27.01.2023 at 12.00 \''O\'' Clock
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Advocate Pooja Narvekar for plaintiff present.
None present  for defendant/BMC present.
Today matter is fixed filing say on Exh. 35 application for framing additional issues.
On behalf of defendant/BMC none present therefore matter is adjourned for filing say on Exh. 35
Adjd for Filing say by defendant/BMC on Exh 35  to  06.02.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Advocate Pooja Narvekar for plaintiff present.
Advocate Smt. Vidya Vyavhare  for defendant/BMC present.
Heard argument of both sides on Exh. 35
The following order is passed.
ORDER
Application Exhibit No. 35 is allowed.
Issues are Recasted.  Issues No. 7 is deleted and Additional issue No. 7a to 7c are framed.
Adjd for Evidence on Additional issues  to  20.02.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Plaintiff absent.
Advocate Pooja Narvekar for plaintiff present and filed additional affidavit of examination in chief of Shankar  Dharmaraj Gomte (plaintiff) at Exh. 8A. O- Read and Recorded. Copy served.
Witness absent.
None present for defendant/BMC present.
Adjd for Further Cross examination of PW-1/R.E.P.H. to  10.03.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Advocate Neha Pande for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
L.O. 11.45 p.m
Plaintiff and his Advocate Neha Pande are present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Further cross examination of plaintiffs witness Shankar Gomte is completed. Matter adjourned for further evidence of plaintiff.
Adjd for Further Evidence of plaintiff /R.E. to  20.03.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Advocate Pooja Narvekar for plaintiff present and filed Evidence closed pursis Marked as Exh. 36 O- Seen and filed.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Cross examination of DW-1/R.E. to  24.03.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Advocate  Pooja Narvekar for plaintiff present.
Advocate Smt.  Deepali Patil for defendant/BMC present.
Adjd for  Cross examination of DW-1/R.E. to                15.04.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Advocate Ashok Saraogi  for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Defendant witness absent.
On request of Advocate of defendant/BMC short adjournment is granted for cross examination of DW-1.
Adjd for  Cross examination of  DW-1 /R.E.P.H.  to  26.04.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Advocate Pooja Narvekar  for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
On request of advocate for plaintiff matter adjourned for cross examination of DW-1
Adjd for  Cross examination of DW-1/R.E. P.H. to 03.05.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Advocate Ashok Saraogi a/w Pooja Narvekar for plaintiff present.
Advocate Smt.Deepali Patil  for defendant/BMC present.
Defendant witness absent .
On request of Advocate for plaintiff adjournment is granted for cross examination of DW-1
Adjd for Cross examination of DW-1/R..E to  07.06.2023
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Advocate A. M. Saraogi for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for plaintiff not pressed the Notice of Motion No. 921/2019, Notice of Motion No. 1458/2019 and Notice of Motion No. 3877/2019 hence Notice of Motion No. 921/2019, Notice of Motion No. 1458/2019 and Notice of Motion No. 3877/2019 is disposed off accordingly.
Cross examination of DW -1 Nighot Sandip is  commenced and deffered till next date.
Matter adjourned for further cross examination of DW-1/R.E.P.H to 09.06.2023.
Nature Of Disposal: OTHER
Disposal Date: 07-06-2023

Main Case No: SUIT/0103074/2018
Main Cnr: MHCC010145202018
Main Filing No: 111447

Filing Number: 111077/2019
Filing Date: 18-10-2019
First Hearing Date: 01st November 2019
Decision Date: 07th June 2023
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE