Zakir Hussein M. Jama AnsariVsThe Municipal Corporation Of Greater Mumbai

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: NM REPLYREJOINDER
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
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2020

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
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.
Nature Of Disposal: OTHERWISE
Disposal Date: 13-09-2022

Main Case No: SUIT/0102713/2019
Main Cnr: MHCC010104682019
Main Filing No: 111447

Filing Number: 111918/2019
Filing Date: 04-11-2019
First Hearing Date: 06th November 2019
Decision Date: 13th September 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE