Hemant Navnitlal ShethVsMCGM +2 more

Date: 19-11-2019
Business: Advocate for plaintiff present.
Advocate Ms. Vyavahare for defendant/BMC is present and filed reply alongwith list of documents. Copy served.
Adjourned for NM hearing to 03.12.2019 at 12.00 p.m.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present and filed list of documents, and requested short adjournment - Request is allowed.
Heard, argument of plaintiff.
KB.
LO.
After hearing the argument of plaintiff, I am considering the facts and circumstances. I pass the following order.
ORDER
1) The defendant corporation is hereby directed to not take any action against the plaintiff in respect of suit premises till next date.
Adjourned to 12.12.2019 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Advocate Mr. Sajjad Patel for plaintiff is present and filed list of documents. T.O.R.
Advocate Mrs. Dhuri for defendant/BMC is present and filed list of documents. T.O.R.
Heard arguments of both sides on NM No. 4080/19
Earlier order, if any, to continue till next date.
Adjourned for NM orders to 13.01.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Advocate for plaintiff present.
Advocate for Kumawat for defendant /BMC present.
Earlier order, if any, to continue till next date.
Adjourned for Reargument on N/M to 03/03/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: CORAM  H.H.J. SHRI. S.N. YADAV (C.R.05)
(Matter pertains to CR No. 06)
Advocate for plaintiff present.
Advocate for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 02.04.2020.
                                                                           Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
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: 04-06-2020

Date: 04-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
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: Advocate for plaintiff present.
Advocate for deft/BMC present.
Adjourned for N/M Hearing to 19/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for N/M Hearing to 12/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is on leave. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for N/M Hearing to 18.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff is granted last chance to argue N/M
Adjd for NM Hearing to  03.02.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for NM Hearing to 16.04.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Court is on Leave
Adjd for N/M Hearing  to  18.08.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None present for plaintiff
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for NM Hearing to 22.11.2022
L.O. 3.12 p.m.
Advocate for plaintiff present and filed application for continuation of Earlier order Marked as Exh 2
O- Other side to say
Adjd for Hearing on Exh. 2/ NM Hearing to 22.11.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Advocate Akhbar Ali Mirjha for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
On request of Plaintiff matter is adjourned.
Adjd for NM Hearing to 14-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Advocate Sajjad Patel for plaintiff present and filed affidavit of service. It is reported by bailiff that summons could not be served upon the defendant No. 3.
Re-issue summons/ Notice to defendant No. 3
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Hearing on Exh. 2/ NM Hearing  to  21.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Advocate Akbar Ali Mirza for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to  27.06.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: P.O is on training at Uttan.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Advocate Akbar present for plaintiff and sought adjournment..
Advocate  Meena Dhuri present for defendant/BMC.
Matter adjourned for  Nm hearing to 12/12/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Advocate Akbar Ali Mirza present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 29/2/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Matter pertain to CR.NO.6
Advocate Ali Dange for Plaintiff present.
None  present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 23/04/2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Advocate Ali Dange h/f Adv. Patel present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 11.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Advocate Ali Dange h/f Adv. Patel present for plaintiff and sought adjournment. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 01.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Advocate Ali Dange h/f Adv. Patel present for plaintiff and sought adjournment. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 04.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Matter pertain to CR. NO. 06
Advocate Anil Dange present for plaintiff.
None present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 06.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: Advocate Ali Dange h/f Patel present for plaintiff and sought adjournment. O- Granted.
Advocate Neeta Jadhav present for defendant/BMC.
In view of oral submissions Earlier order if any to continue till next date.
Matter adjourned for Nm hearing. to 01-07-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: Advocate Ali Dange h/f Adv. Patel present for plaintiff and seeks time for the argument on NM. O - granted.
Advocate Ruhi Hajare present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 09.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2025

Date: 09-09-2025
Business: Advocate Ali Dange h/f Adv. Patel present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
KB. Later on
Adv. S. H. Patel for plaintiff present and sought adjournment. O- Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 06.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: Advocate Ali Dange present for plaintiff and seeks time to produce joint inspection report. O - Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 11.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2025

Date: 11-12-2025
Business: None present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
The record shows that the Notice of Motion is pending for hearing since long. However plaintiff has not taken any effective steps for the NM hearing. Its shows that the plaintiff is not interested to conduct the hearing of the notice of motion. However at the ends of justice matter is adjourned as a last chance for NM hearing. The plaintiff is hereby directed to conduct the hearing on notice of motion on the next date without fail otherwise notice of motion will be dismissed for want of prosecution.
Matter adjourned for NM dismissal to 10.02.2026 .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: Advocate Ridwan Shaikh i/b Patel Assoc. present for the plaintiff and submitted that the plaintiff has given instructions that he will withdraw the suit.
Advocate Bibhishan Sutar h/f Adv. Ruhi Hajare present for defendant/BMC.
The NM No. 4080 of 2019 is pending for dismissal order. In view of record NM No. 4080 is dismissed in default and for want of prosecution. Proceeding in NM No. 4080 of 2019 is closed. Parties to take note.
Matter adjourned for suit dismissal to 17.03.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Advocate S. H. Patel present for the plaintiff and filed application for withdrawal of suit. TOR and marked as Exhibit 3. O - Plaintiff is permitted to withdraw the suit unconditionally.
Advocate Ruhi Hajare present for defendant/BMC.
In view of order passed in Exhibit 3, Suit No. 2682 of 2019 is disposed of as withdrawn and for want of prosecution. Parties to bear their own costs. Court fees be refunded to plaintiff as per rules. Proceeding in Suit No. 2682 of 2019 is closed. Parties to take note.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-03-2026

NOTICE OF MOTION/104080/2019

Filing Number: 111020/2019
Filing Date: 09-10-2019
First Hearing Date: 19th November 2019
Decision Date: 17th March 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE