Karuppayya Mani RammayyaVsMCGM And Anr

Date: 11-11-2019
Reason For Adjournment: court time is over
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: 16-12-2019

Date: 16-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Advocate for plaintiff present.
Advocate for Kumawat for defendant/BMC present.
F.R.S.R. following order passed
ORDER
1. Chamber Summons No. 1998/2019 is allowed.
2. Plaintiff shall carry out proposed amendment within stipulated time.
3. Costs in cause.
4. Chamber summons No. 1998 of 2019 is accordingly disposed of.
Adjourned for Compliance to 22/01/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None for plaintiff.
L.O. at 2.50 p.m. Ld. Adv. For Plaintiff present.
Advocate Vyavahare for defendant/BMC present.
Adjourned for N/M Hearing to to 11/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Advocate for Plaintiff present.
H/d Advocate Kumawat for defendant/BMC present.
Adjourned for N/M Hearing to 27/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
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: 30-05-2020

Date: 30-05-2020
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: 17-06-2020

Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Business: COVID-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2020

Date: 16-07-2020
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: 20-08-2020

Date: 20-08-2020
Business: By precipe
Advocate for plaintiff present .
Advocate Vyavahare for defendant/BMC present present and filed oral argument.
Adjourned for Oral Arguments to 03/09/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: Advocate S. S. Lanke for plaintiff present.
Advocate Vyavahare for defendant/BMC present.
Ld. Advocate for plaintiff made endorsement on both N/M No.3577/19 and 4137/19 to be heard along with suit.  Therefore both the notice of motions are kept along with final hearing of suit.
Adjourned for final hearing of suit to 15/09/2020.
Next Purpose: HEARING
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Advocate for plaintiff present.
Advocate  Mrs. Vyavahare for defendant/BMC present.
Issued Framed
Ld. Adv. for plaintiff requested time for filing affidavit of evidence and documents.
Adjourned for R/E. to 28.09.2020 .
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Adv. S.S. Lanke for plaintiff present and has filed affidavit of examination in chief along with compilation of documents t.o.r. Copy served to other side.
O- Other side to say.
Adv. Vyavahare for defendant/BMC present.
Mr. Santosh Bhimaji Sabale, Heard clerk  (E ward) present.
Matter adjd. to 30.09.2020 for hearing on Exh.5 and recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: Adv. for plaintiff present.
Advocate Vyavahare for defendant/BMC present.
Say filed by defendant/BMC on documents of plaintiff.
Matter adjd. to 09.10.2020 for hearing admissibility of documents filed by plff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: Adv. for plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Matter adjd. to 21.10.2020 for hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: None  present for plaintiff.
Adv. Vyavahare for defendant/BMC present.
Kb
L.O. at 01.49 p.m
Advocate for plaintiff absent.
Adv. Vyavahare for defendant/BMC present.
Mr. Santosh Sabale, Head clerk, Garden Dept. E present.
Matter adjd. to 02.11.2020 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None for plaintiff.
Advocate Mrs. Vyavahare for deft/BMC present.
Adjd for hearing on compilation/R/E to 03/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Advocate S.S. Lanke for plaintiff present.
Advocate Vyavahare for defendant/BMC present.
Heard argument of plaintiff and defendant on Exh.-5 Compilation.
Separate order is passed on admissibility of documents of plaintiff.
Document at Sr. No.1, 3,4,5,,9,11,12,13,15,17, are admitted by defendant BMC therefore, they are marked as Exhibit Nos.6,7,8,9,12,14,15,16,17 and 18 respectively.
Document at Sr. No.2
Document at Sr.6,7 and 10
Document at Sr.No.8, 14 and 16
Adjourned for cross examination of Plaintiff to 24.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Advocate for plaintiff present.
Advocate Mrs. Vyavahare for deft/BMC present and filed list of documents (Exh- 18)
Officer  Shri. Santosh Sabale, Head clerk, Garden Dept., BMC present.
Adjd for cross examination of PW-1/R/E to 10/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Advocate S. S. Lankhe for plaintiff present.
Advocate Mrs. Vyavahare for defendant/BMC present.
PW-1 is present.
Cross-examination of PW-1 by Vidya Vvayahare for defendant BMC is commenced and completed.
Ld. Advocate for plaintiff filed evidence close pursis t.o.r (Exh-19)
Adjd for evidence of defendant/R/E p.h. to 26/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: Due to covid-19 pandemic matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv. Dahigaokar present for plaintiff and sought adjournment.
Adv absnet for MCGM/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for nm hrg. to. 05/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. S. S. Lanke present  for plaintiff.
Adv. Bibhishan Sutar present  for MCGM/defendant.
Heard Ld. Adv. for plaintiff and Ld. adv. for defendant/MCGM on admissibility of documents at Exh. 21. The following order is passed as to admissibility of documents filed along with list of documents Exh. 21.
ORDER
Perused the affidavit of examination in chief of DW no. 01 at Exh. 20, the documents filed along with list Exh. 21 and record.
The documents filed along with list Exh. 21, are photocopies and therefore not admissible in evidence without permission to lead secondary evidence. Therefore,the documents filed along with the list Exh. 21 are marked as  Exh. A Colly.
DW no. 01 is present.
Cross-Examination of DW no. 01 by Adv. S. S. Lanke for plaintiff is recorded at Exh. 20
Defendant\''s adv. tendered evidence closure pursis.t.o.r. marked as Exh. 22.
Matter adjourned for Arguments to. 12/10/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: As presiding officer is on leave, hence matter is adjd. to.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: None present for plaintiff.
Adv. Vidya Vyavahare present  for MCGM/defendant.
Heard arguments of  Ld. Adv. for plaintiff and Ld. adv. for defendant.
Matter adjourned for Judgement to. 09/11/21.
Next Purpose: JUDGMENT
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv. S. S. Lanke present for plaintiff.
Adv. Vidya Vyavahare present for MCGM/defendant.
F.R.S.R. the following Judgement is passed
                                   ORDER
1)Suit is partly decreed with proportionate costs.
2) It is hereby declared that correct name of plaintiff is Karuppayya Mani Rammayya and Karuppayya Mani Rammayya and
M. Karuppaiah S/o. K. Mani is one and same person.
3) Decree be drawn up accordingly.
As the suit is decided on merit the Notice of Motion no. 3577/2019 and Notice of Motion no. 4137/2019 for interim relief does not survive hence,  Notice of Motion no. 3577/2019 and nm 4137/2019 are disposed off  as filed.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-11-2021

Main Case No: SUIT/0102451/2019
Main Cnr: MHCC010090882019
Main Filing No: 111447

Registration Number: 104137/2019
Transfer Date: 09-06-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 112077/2019
Filing Date: 07-11-2019
First Hearing Date: 11th November 2019
Decision Date: 09th November 2021
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE