Date: 07-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: None for plff present.
Adv. Khandagle for MCGM/Deft. present.
Adv. Mr. Shriram for applicant present.
Heard argument of both side on Ch/s no. 2056/19
F.R.S.R. following order on Ch/s no. 2056/19 is passed.
Order
Chamber summons no.2056/19 stands rejected.
LO
Adv.Mr. Holamagi for plff present.
Adjd to 27.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
K.B.
L.O.
Advocate Mr. Holamangi for plaintiff present.
Learned advocate for Defendant/MCGM orally submits that the Defendant/MCGM has appointed counsel and the said counsel is not in town for next week due to his own marriage and requests to adjourn the matter till 04/12/2019. On oral request of advocate for Defendant, adjournment granted as last chance.
Case is adjourned to 04/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Holamagi for plaintiff present.
APP Ms. Hajare h/f Khandagale for the defendant /BMC present.
The copy of the I.A. No.4/19 is filed on record.
It reflects the order passed by the Hon\''ble Lordship, considering certain mistakes in the said order comes which needs to be corrected. The direction were given to registry to place the present appln. before the same bench. This is time bound matter. Considering the I.A. No.4/19 is pending before Hon\''ble High Court, matter is adjd.
Adjd. for NM Hearing with consent of both parties to 3/2/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Holamagi for plaintiff present.
Adv. Parshurame a/w adv. Khandagle for MCGM/Deft. present.
Heard both sides.
On oral request of advocate for Defendant, adjournment granted as last chance.
It is submitted by advocate Holamagi that AOR is pending in Hon\''ble High Court. It is adjourned for hearing. Therefore, adjd for NM hearing with direction to the plaintiff to bring the exact statues of AOR before Hon\''ble High Court.
Adjd to 12.02.2020 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv.Holamagi for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
It is again directed to advocate Holamagi to produce that IA/AOR which is file before Hon\''ble High Court which is pleased to NM No.2135/17 and 2337/17 as expeditiously as possible and latest by 30.11.2019.As the matter is time bound specific directions given to the plaintiff to comply for the same and at list file status report on or before next date.
Matter adjd to 21.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv.Holamagi for plaintiff present.
Adv.Vinod Singh h/f Adv.Parshurame a/w Khandagle for MCGM/Deft. present.
Heard both side.
Matter is still pending before the Hon\''ble High Court for rectification purpose he unable to file status report of IA4/19 before the Hon\''ble High Court. He on his own responsibility and bar IA4/19. Hence this matter be adjourned.
Matter adjd to 09.03.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv.Holmagi for plaintiff present tendered application for adjournment,t.o.r. Exh- 11
Adv. Parshurame a/w Adv.Khandagle for MCGM/Deft. present.
KB L.O.
Adv. Parshurame a/w Adv.Khandagle for MCGM/Deft. present and given say on application of adjournment.
The corporation counsel is also requested to persue the progress of A.O.No.1040/19 pending before Hon\''ble High Court immediately. Adv.Holmagi was also requested to file status of a A.O. No.1040/19 filed by plaintiff before Hon\''ble High Court for correction of order. It make difficult to this Court to proceed with hearing of NM No.2135/17 and 2337/17. in existence of AO No.1040/19 before Hon\''ble High Court for correction of the order. Therefore, adjourned for the compliance for status of AO No.1040/19.
BMC Officer Shri.Sachin Ghewade, A.E Market, present, he is also directed to produce status of A.O.No.1040/19 pending before of Hon\''ble High Court in order to speedy disposal of NM No.2135/17 and 2337/17 before this Court.
Matter adjd to 16.03.2020 for Compliance/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: NOB.TOB.By precipe.
Adv.Holamagi for plaintiff present and tendered pursis for changing the adjourned date of 16.03.2020 to 18.03.2020.
Heard Ld. Adv. for plaintiff.
Hence matter is adjourned to 18.03.2020 ( instead of 16.03.2020) for compliance/NM hearing.
Plaintiff is directed to inform other side accordingly.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Adv. Holamagi for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Due to the notification order of Hon''ble High Court for working for only 3 hrs. due to the Corona emergency in view the circular. Today matter cannot be proceed despite of the time bound matter. Hence, matter is adjourned.
Matter adjd to 01.04.2020 for N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
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: 27-05-2020
Date: 27-05-2020
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: 12-06-2020
Date: 12-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. present and tendered draft NM along with affidavit in support and also tendered list of documents. t.o.r.
Copy be served to the plaintiff. Leave to register is granted for NM , returnable till next date. Adv. for defendant also tendered list of documents, t.o.r. and Exh-12. Copy be served to other side.
Mr. Sachin Ghewade, Assistant Engineer- Market, MCGM, present.
KB
L.O.
Adv. Holamagi for plaintiff present and received copies of draft notice of motion along with affidavit in support and list of documents (Exh-12.)
It is submitted by advocate Holamagi that, he cannot move interim application number 4/2019 in AO No.1040/2019 because of pendamic situation.
It is submitted that, there is a correction needs to be made in AOR no.26336/19 order dtd. 17.10.2019 on the other side.
Ld. Adv. Khandagle submitted that the plaintiff has not made any attempt to decided the IA for correction pending before Hon\''ble High Court. Hence the corporation has moved today draft NM for vacating the ad-interim order dtd. 15.08.2016 under order 39 Rule 4 of Civil procedure Court being the condition of building dilapidated and highly dangerous condition.
The incidence of plaster collapsing are happning frequently. The document in support of incidence is also filed in support of Notice of Motion. Hence as per the photographs the building condition is ruinous and dangerous and like to happen any untoward incident without any warning. Hence prayed for early hearing of draft notice of motion.
Copy of notice of motion and list of document is served on Adv. Holamagi for plaitfiff today in Court.
Adv. Holamagi submitted that, the Hon\''ble High Court by order 19.12.2019 has directed to place the correction application in I.A.- 04/2019 in Appeal for order no.1040/2019 filed by the plaintiff before same bench . He is unable to move his IA before the Hon\''ble High Court cosidering the of pendamic situation due to Covid-19.
He will file reply to NM and contest NM. He is denying the condition of building as a dilapidated and dangerous.
It is submited by Learned advocate for defendant that matter should not be given longer date considering the urgency. Whereas Adv. Holmagi for plaintiff submitted in large voice that the corporation want to sell our property which is regarding 240 occupants. He made huge dispute over the longer date. I requested him that longer date cannot be given due to the direction Hon\''ble High Court in Appeal for order no.1040/2019 for P.D. disposal of Notice of Motion on or before 30.11.2019. (Still he resisted for longer date)
It is pertinant to note that there is non co-operation at the instance of advocate for plaintiff for early hearing of plaintiffs Notice of Motion as per direction of Hon\''ble High Court on merit. Whereas on the other side defedant is also pressing hard for his draft Notice of Motion. under order 39 rule 4 of CPC. Inspite of specific direction to both parties dtd. 09.03.2020, 12.03.2020 no status report regarding IA no-04/2019 is filed by the plaintliff as well defendant. The correction IA no were stayed this Suit. Therefore , no party will be permitted for any dilatory tactics as per specific direction by Hon\''ble his lordship in AOR No.26336/2019. Considering fair apportunity to plaintiff to file reply one week time is granted. Till 07.10.2020 in failure necessary order passed.
Adv. Holamagi submitted that, I am not here, hence, matter may be kept on 14.10.2020. He submitted that there is paucity of freqvent train and buses in pendamic situation. I have consider his condition as a senior citizen and also paucity of conveyance facility.
He submitted that I have to go native place. Therefore, I will file reply on 14.10.2020 without fail.
Matter adjd to 14.10.2020 for filing reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Matter adjd to 22/10/2020 for NM Reply and Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Adv. Mr. Holamagi for Plaintiff present.
None for Defendant/MCGM.
K.B.
L.O. at. 1.15
Adv. Mr. Parshurame for Defendant/MCGM present.
K.B.
L.O. at. 2.00 p.m.
Adv. Mr. Holamagi for Plaintiff present and request for one more last chance to file reply to NM No. 1444/2020. Time is granted as one more last chance to file reply to said NM.
Matter adjd to 26/10/2020 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: By consent of both Ld. advocates,matter is adjd to11/11/2020
for Hearing of NM No.1444/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Matter adjd to 25/11/2020 for Arguments on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Matter adjourned to 11/12/2020 for argument on NM No. 1444/2020 and NM No.2135/17 and NM No. 2337/17.
Later On. At 12.05 pm.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Matter adjourned to 04/01/2021 for argument on NM No. 1444/2020 and NM No.2135/17 and NM No. 2337/17.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Holmangi for plaintiff present and requests for time to argue the Notice of Motion. Time is granted till next date.
Adv. Khandagle for deft/MCGM present.
Matter adjd to 29/01/2021 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Matter adjd to 01/02/2021 for argument on both notice of motion given by the his lordship in his interim application no.4 filed by this plaintiff only.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Authenticated copies be given to the both parties.
Matter adjd to 02/02/2021 for NM Arguments.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Matter adjd to 08/02/2021 for Order on NM No.3209/16 and NM No.1529/17.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Holamagi for plaintiff present.
Adv. Parshurame with Adv. Khandagale for deft/MCGM present.
Matter adjd to 10/02/2021 for NM Order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Mr. M. A. Holamagi for plaintiff present.
Adv. Mr. Parshurame with Adv. Mr. Khandagle for deft/MCGM present.
Officer Mr. Sachin Ghewade, A-E (Market), M/Ward, MCGM present.
None for applicant in NM No. 4041/19.
Notice of Motion No. 4041/19 is pending which is filed by Baman Dev Koli Mase Vikreta Seva Sangh (applicant). Hon\''ble High Court has specifically directed in AO (ST) No. 26336/19 that locus of this Baman Dev Koli Mase Vikreta Seva Sangh kept open by Hon\''ble High Court. But none from the intervenor present till today. It seems that intervenor does not have any interest in the Notice of Motion. Hence Order-
Order on NM No.4041/19 -Notice of Motion No. 4041/19 is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-02-2021