Mr. Gaffar Ali Ishaque ChoudharyVsMCGM

Date: 04-11-2019
Business: By praecipe
Advocate Kudalkar for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Ms. Chavan for defendant /MCGM present and filed list of documents. TOR and marked as Exh.2.
Sachin Uike Sub Engineer S ward present.
Heard advocate for plaintiff and defendant/MCGM.
The case is adjourned to 05.11.2019 for ad-interim order.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre h/f adv. Ms. Chavan  for defendant/ MCGM present.
Perused. Heard.
The proceedings of this case reveal that the plaintiff has earlier filed suit no. 2399/19 challenging the same notice which is challenged in this case.  While disposing of said suit by an order dated 07.09.2019 this Court had directed defendant Corporation to pass a speaking order considering the reply and documents filed by the plaintiff.  If the plaintiff filed additional documents, those were also directed to be considered.
Copy of reply dated 01.09.2019 reveals that the copy of affidavit dated 15.10.1992 was also forwarded by the plaintiff to the defendant. Its copy produced before this Court reveals existence of second floor since prior to 1992. However, it is not considered by the designated officer while passing the speaking order. In view of this, defendant needs to be directed to consider said document and pass fresh speaking order. Hence the order -
ORDER
1. The defendant is directed to consider affidavit dated 15.10.1992 and to pass fresh speaking order.
2. The defendant shall not act upon impugned notice and order till passing of fresh speaking order and till two weeks after the service of fresh speaking order on the plaintiff, in case the speaking order is against the plaintiff.
3. The plaintiff shall maintain status quo in respect of the suit premises as seen in the photographs  filed by the defendant with list Exh. 2.
4. Draft Notice of Motion is disposed of.
5. It be registered for statistical purpose.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 28.11.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: None for Plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjd.for writ of summons on 13.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Darshan Jain h/f adv. Kudalkar for plff., submitted disposed NM no. 4140/19.
Adv. Mrs. Mhatre for deft./MCGM present.
Exh.3- Writ of summons, duly served on MCGM.
Matter is adjd. for W.S. on 24.04.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lockdown.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjd. for w/s to 25.02.21.
                                                                               Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file w/s.
Matter is adjourned for w/s to 27.04.21.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file WS.
Adjourned for WS to 03/02/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: None for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adv. for defendant orally requested for time to file W/S. Granted.
Adjourned for W/S to 15.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Granted strictly as a last chance.
Adjourned for WS to 14.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Mr. Darshana Jain for plaintiff present.
Adv. Mrs. Mhatre for defendant/MCGM is present and orally requested for time to file W/S. Time granted as a last chance.
Adjourned for W/S to 11/08/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Mr. Kudalkar for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/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 the defendant.
Adjourned for no WS Order to 15.10.2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Ms. Apurva h/d Adv. Mr. Kudalkar is present for the plaintiff.
Adv. Khandagale h/f Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file WS, as the matter pertains to \''S\'' Ward. Sufficient time is already granted. Hence, his request is discarded.
Adjourned for No WS Order to 02.12.2022.
Next Purpose: ORDER
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv. Ms. Vaibhavi Pawar for the plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/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 posted for no reply no WS Order against the defendant.
Adjourned for no reply no WS Order to 06.01.2023.
Next Purpose: ORDER
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: As court is on leave matter adjd to
Next Purpose: ORDER
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: PO is on leave.
Next Purpose: ORDER
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Adv. Ms. Vaibhavi Pawar for plaintiff present.
Adv. Chavan for defendant/MCGM is present and requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded.
Adjourned for No WS order to 13.07.2023.
Next Purpose: ORDER
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri h/f Adv. Ms.S.S. Chavan for defendant/MCGM is present and requested for time to WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS.
Adjourned for RE (No WS) to 24.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Mr. Saffiullah Choudhari, POA of the plaintiff is present. He informed that the plaintiff  is not willing to proceed with the suit and wants to withdraw the same.
Adv. Mr. Darshan Jain for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant/ MCGM is present.
The advocate for plaintiff filed the application for withdrawal of the suit. TOR. It is marked at Exh.4. O- Other side to say. Say filed. Heard. O- Considering the reasons, as the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. The suitable Order follows below Exh.1.
Order below Exhibit 1:
     In view of the Order on the application (Exh. 4), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 24-08-2023

NOTICE OF MOTION/104140/2019

Filing Number: 111803/2019
Filing Date: 01-11-2019
First Hearing Date: 04th November 2019
Decision Date: 24th August 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE