Iqrar Ahmed AnsariVsMCGM

Date: 06-11-2019
Business: (By Praecipe)
Advocate A.M.Saraogi 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.
The case is adjourned to 08.11.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Advocate A.M.Saraogi for plaintiff present and filed original Notice of Motion No.4150/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Som Sinha 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 proper arrangements are made for the plaintiff for development of the remaining premises as per Kurar Pattern or unless proper plans are sanctioned and mezzanine floor of the premises is regularised as is done in the case of other shops owners. 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 father of plaintiff being occupier of structure no.107 is offered alternate premises of 225 Sq. feet. Those further reveal that  the structure no.107 i.e the plaintiff\''s shop is affected to the extent of 11 percentThe documents produced by defendant further reveal that as per existing policy the benefit of Kurar Pattern can be granted if more than 25 percent.f the structure is affected by road widening. In this case, the  portion of the structure affected is 11 percent Thus Plaintiff has not made out case of grant of benefit of Kurar Pattern. This Court can not replace the policy of the defendant. Hence, the plaintiff has not made 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 Lokdown
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: 04-01-2021

Date: 04-01-2021
Business: Adv.Adv. Ms. Narvekar for plaintiff is present.
Adv.Mr. Som Sinha alongwith Adv. Ms. Mhatre for deft./MCGM is present and requested short time to file reply.
Matter is adjd.to 09/02/2021 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Mr. Shrivastav h/f Mr. Sarogi for plaintiff present.
Adv. Mr. Som Sinha for deft./MCGM present.
Matter is adjourned for NM reply to 08.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present
Due to Covid-19 board is discharged.
Matter is adjourned for N/M reply to 13/7/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2021

Date: 01-10-2021
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 10.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Mr. Karan Chowdhay for plaintiff is present.
Adv. Mr. Somsinha for defendant/MCGM is present and orally requested for time to file NM reply. He submitted that already the suit structure is demolished and he is going to file the requisite report on record after verification of this position. Time granted.
Adjourned for report/NM reply and WS to 12.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Mr. Karan Chowdhary for plaintiff is present.
Adv. Mr. Somsinha for defendant/MCGM is present and filed compilation of documents. TOR. It is marked at Exh.04. Copy is supplied to the other side. He orally requested for time to file NM reply. Granted. The plaintiff is called upon to verify this status and filed the affidavit, if any.
Adjourned for compliance/NM reply and WS to 14.07.2022.
Next Purpose: COMPLIANCE
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 h/f Adv. Somsinha for defendant/MCGM is present and filed reply in NM No. 4150/2019. TOR. Copy is supplied to the other side. She orally requested for time to file NM reply. Granted.
In view of the statement of advocate for plaintiff, NM is posted for suitable Order.
Adjourned for Order/NM reply and WS to 13.09.2022.
Next Purpose: ORDER
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. 4150/2019. In the result, the same stands disposed of as infrcutous.
Adjourned for registration of Ch/s and NM/NM reply to 03.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Ms. Sana Khan for the plaintiff is present and filed original registered NM No. 3659/2022 and Ch/s No. 1580/2022 along-with affidavits. TOR.
Adv. Mr. Somsinha a/w Adv. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file Ch/s reply and NM reply. Time is granted.
Adjourned for Ch/s reply/NM reply to 10.01.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As per Office Order No. 263/2022 dated 28.12.2022, HHJ is relieved at 02:00 pm. today for interview at the Hon\''ble High Court, Bombay. Board of afternoon session is discharged and matter is adjourned.
Adjourned for Ch/s reply to 23.02.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Mr. Karan Choudhary for the plaintiff is present.
Adv. Mr. Pratik Shetty i/b Adv. Sinha for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Adjourned for Ch/s reply and NM reply to 27.04.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. Pratik Shetty h/f Somsingh for the defendant/MCGM is present and requested time to file Ch/s. reply. Time is granted.
Adjourned for Ch/s. reply / NM reply to 22.06.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. S.S. Chavan for defendant/MCGM is present.
Adv. Mr. Som Sinha for defendant is present and submitted that he is not required to file reply on Ch/s. and ready to argue on Ch/s. on the basis of available record.
Adjourned for Ch/s. hearing/NM reply to 18.07.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Ms. Devki Sahu h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. G.O. Giri h/f Adv. Somsinha for defendant/MCGM is present. He informed that the counsel is busy in other matter.
Adjourned for Ch/s. hearing/NM reply to 12.09.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Mr. Karan Choudhari for the plaintiff is present.
Adv. Mr. Pratik Shetty a/w Adv. Mr. Khandagale h/f Adv. Som Singh for defendant/MCGM is present and requested time for Ch/s. hearing. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 07.11.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and sought time to argue the Ch/s.. Time is granted.
Adv. Mr. Som Sinha for defendant/MCGM is present.
Adjourned for Ch/s. hearing/NM reply to 09.01.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Ms. Sadaf Abridi h/f Adv. Somsinha for defendant/MCGM is present and requested time to keep back the matter, as her senior is busy before the Hon’ble High Court. Considering today’s board, her request is discarded.
Adjourned for Ch/s. hearing/NM reply to 05.03.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Som Sinha for defendant/MCGM is present and sought time to argue Ch/s. and file NM reply. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 30.04.2024.           Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Adv. Mrs. Narvekar h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. Santosh Yadav a/w Adv. Giri h/f Adv. Som Sinha for defendant/MCGM is present and requested time to argue the Ch/s.. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 15.06.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Adv. Mr. Ravindra Singh for the plaintiff is present.
Adv. Mr. S.R. Yadav h/f Adv. Som Sinha for defendant/MCGM is present and requested time to argue the Ch/s. as Counsel is not available. Time is granted.
Adjourned for Ch/s. hearing/NM reply to 30.07.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Sarogi for the plaintiff is present.
Adv. Mr. Som Sinha a/w Adv. Mrs. S.R. Charatkar for defendant/ MCGM is present. The Court is busy in Order in NM No. 2791/2024  and in other preacipe matters.
Adjourned for Ch/s. hearing to 19.09.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Adv. Mrs. Narvekar h/f Adv. Mr. Sarogi for the plaintiff is present.
Adv. Mr. Som Sinha a/w Adv. Mrs. S.R. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/MCGM is present and sought time to verify as to whether alternate accommodation was handed over to the plaintiff in view of the earlier correspondence. Time is granted.
Adjourned for steps/Ch/s. hearing to 15.10.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mr. Som Sinha Adv. Mr. S.R. Yadav for defendant/ MCGM is present and sought further time to verify the allotment of alternate accommodation to the plaintiff. Time is granted.
Adjourned for steps to 14.11.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Adv. Mr. Ravindra Singh h/f Adv. Mr. Sarogi for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav h/f Adv. Mr. Som Sinha for defendant/MCGM is present and sought time to verify alternate accommodation to the plaintiff. Time is granted.
Adjourned for steps to 07.01.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: Adv. Mrs. Neha Pandey for the plaintiff is present. Adv. Mr. Som Sinha a/w Mr. S.R. Yadav for defendant/BMC is present and sought time to verify whether alternate accommodation is provided to the plaintiff. Time is granted.
Adjourned for steps to 18.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None present for the plaintiff. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that due to lack of instructions he could not file reply to NM and Ch/s.. Hence, Time is granted shortly.
Adjourned for NM reply/Ch/s. reply to 18.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Adv. Mr. Shrivastava for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Kept back.
Later on 4.46 p.m.
Adv. Mr. Vikas Mishra for the plaintiff is present. Rest appearance is as above.  Mr. Sachin Daur JE, is present and submitted that he has to verify the office record whether alternate accommodation is provided. Hence, matter is adjourned for NM hearing.
Adjourned for NM hearing to 01.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: Adv. Mr. Ravindra Singh a/w Adv. Mr. Vikas Mishra for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that he has to take instructions from concerned Officer about the whether plaintiff is provided any alternate accommodation.
Adjourned for steps to 24.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: Court is on leave, Hence adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv. Ms. Disha Chopra h/f Adv. Mr. Saraogi for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari for defendant/BMC is present. By consent of parties matter adjourned to 21.08.2025.
Adjourned for NM hearing to 21.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: Adv. Ms. Pallavi Ashar for the plaintiff is present and submitted that she is suffering from earing problem and if Adv. Mr. Saraogi is not available on the next date she will argue on the next date. Adv. Mr. Som Sinha a/w Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for Ch/s. hearing to 12.09.2025.
                                                                                                 Judge
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Ms. Pallavi Ashar for the plaintiff is present. Adv. Mr. Som Sinha a/w Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Kept back.
Later on 4.02 p.m.
Adv. Mr. Sahil Ansari for the plaintiff is present. Rest appearance is as above.
The Ld. advocate for the plaintiff partly argued Ch/s. and has submitted he be gratned opportunity to file fresh Ch/s. to bring on recod some additional fact to rectify some defect. The Ld. advocate BMC has objected the above fact on the ground that Ch/s. filed by the plaintiff is absolutely false. Inspite of above objection plaintiff is granted permission to take out Ch/s. as prayed. The defendant will have opportunity to file reply and advance argument on the same.
Adjourned for steps by plaintiff to 12.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: Adv. Mr. Ravindra Singh for the plaintiff is present and sought time to take steps. Time is granted. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde h/f Adv. Mrs. Metakari for defendant/BMC is present.
Adjourned for steps by plaintiff to 04.12.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: The plaintiff is present in person.
Adv. Mrs. Pallavi Ashar for the plaintiff is present and filed application for unconditional withdrawal of suit. Taken on record. It is marked as Exhibit 5. O- Other side to say.
Adv. Ms. Rutuja Bhise a/w Adv. Mrs. Sheetal Metakari h/f Adv. Mr. Som Sinha for defendant/BMC is present and endorsed say on Exhibit 5. Heard.
Order below Exhibit 1 :
	The plaintiff has filed application vide Exhibit 5, seeking permission to unconditionally withdraw the suit.
	It appears that in view of reasons mentioned in the application vide 5, the plaintiff is not interested in prosecuting the suit. Hence, I am inclined to pass following Order.
ORDER
01.	Suit is disposed of as withdrawn unconditionally.
02.	In view of above Order pending applications if any, NM No. 	3659/2022 and Ch/s. No. 1580/2022 disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-12-2025

NOTICE OF MOTION/103659/2022
NOTICE OF MOTION/104150/2019
CHAMBER SUMMONS/101580/2022

Filing Number: 111938/2019
Filing Date: 05-11-2019
First Hearing Date: 06th November 2019
Decision Date: 04th December 2025
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE