Date: 14-11-2019
Business: NOB. TOB (By precipe)
Adv. Jain h/f for Adv. Kudlakar for plff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for plff, adjournment is granted.
Matter is adjd. to 19/11/2019 for Ad-intrim hearing.
Next Purpose: HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Kudalkar for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM. Copies served to other side.
Adv. Mrs. R.M. Hazare for Deft/MCGM present and tendered compilation of document
Adv. for plaintiff has also tendered list of documents.
Heard both sides at Ad-interim relief.
KB LO
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint, documents filed by deft./MCGM and heard both sides. The instant N/M is for temporarily injunction restraining deft./MCGM from demolishing the suit premises without following due process of law. In the plaint it is alleged in paragraphs no. 15,16 that on 07-09-2019 the deft./MCGM issued notice to decide eligibility/ non eligibility of the suit premises, the plaintiff replied said notice by letter dated 05-11-2019 and thereafter the deft./MCGM officers are giving threats to demolish the suit premises without following due process of the law. Ld. Adv. for deft./MCGM has filed copy of annexture II prepared by deft./MCGM which stipulates that the plaintiff is entitled for 20.90 sq.meter alternate area in lieu of the area of suit premises 41.87 sq. meter. According to ld. Adv. for plaintiff the policy of deft./MCGM dated 25-02-2004 is in respect of bottle necks and not for road widening therefore the plaintiff is entitled for equivalent area for acquisition of his area. However, after reading of the circulars/ guidelines of deft./MCGM, the policy dated 25-02-2004 is for bottle necks and widening of roads also. Therefore, I do not find substance in the argument that plaintiff is entitled for equivalent area.
Ld. Adv. for plaintiff has pointed out that the plaintiff is earning bread and butter on the income derived from the suit premises and if no area is alloted and the suit premises is demolished, he will loose source of income for indefinite period. In this regard it can be stated that deft./MCGM is a local authority and is duty bound to follow due process of law. It has already come on record that notice was issued to the plaintiff before preparing annexture to and immediately thereafter plaintiff approached this court. From this it is clear that the deft./MCGM is following due process of law. In respect of alternate area for acquisition of the suit premises for road widening, the deft. /MCGM is to consider giving the area at the earliest by following due process of law.
Ld. Adv. for plaintiff has pointed out that the def.t/MCGM has granted equivalent area of 31.65 sq. meter to adjacent land owner and discrimination is made against the plaintiff by giving less area. From the circulars shown by deft./MCGM plaintiff is entitled for 225 sq.ft. area and if in a particular case more area is granted in violation of the policy, such illegal order can not be used on parity grounds. With above observation I do not find that the plaintiff is entitled for ad-interim relief in terms of prayer clause (a). Hence, ad-interim relief is rejected.
Authenticated copies be given to the both parties.
Adjd to 09-01-2020 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Ms. Vaibhavi Pawar for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 19/03/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Hajare for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter adjd to 06/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 29/06/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Due to Covid - 19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 05/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar present.
Adv Smita Chavan for defendant / MCGM present and requests for time to file reply to NM.
O- Time is granted till next date.
Adjd. To 28/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: None for plaintiff.
Adv. Chavan for MCGM present.
Matter is adjd to 28/3/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None for plaintiff.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/ MCGM present and request for filing reply to NM. Time is granted till next date.
Adjd. To 05-07-2022/2022 for NM reply.
L.O.
Adv Jain h/f Adv Kudalkar for plaintiff present.
Already adjd. To 05-07-2022/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Adjd. to 08/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
Adjd. to 20/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Court is busy in N/M hearing, board is discharged.
Adjd. to 09/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Mhatre for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 18/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Vaibhavi Pawar h/f. Adv. Kudalkar for plaintiff present.
Adv. Ms. Mhatre for Defendant/BMC present and request for time to file N.M. reply. O-Granted.
Adjd. to 22/08/2023 for N.M. reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Advocate Shaikh h/f Kudalkar for plaintiff present.
Advocate Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as NM is year 2019.
Adjd to 09.11.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Court is on leave
Matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: As Court is busy in urgent Ad-interim hearing, Board Discharged, Hence matter adjourned.
Adjd to 14.03.2024 for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Advocate Jain h/f Kudalkar for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd to 27.06.2024 for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: None present for plaintiff
Advocate Waghmare for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of 5 years old
Adjd to 22.08.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance
Adjd to 15.10.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Dhotre h/f Kudalkar for plaintiff present.
Advocate Metakari for defendant/BMC present and seeks time to file reply to NM.
Suit is of year 2019 and already on two occasion last chance has been granted but corporation did not filed reply to NM. Hence no say order passed. Hence matter adjourned for NM hearing without say of deft/BMC.
Plaintiff to tender NM no. 4415/2019 till next date
Adjd to 14.11.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Dhotre h/f Kudalkar for plaintiff present and requested time to argue NM.
Advocate Nagarthawar a/w Adv. Waghmare for defendant/BMC present.
writ of summons is not served upon deft/BMC. Hence time is granted as a last chance to serve writ of summons
Plaintiff to tender NM 4415/19 till next date
Adjd to 21.01.2025 for NM Hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2025
Date: 21-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms.Pooja Nagarthawar for defendant/MCGM is present. The matter is kept back
Later on at 3.39 pm
The appearance is as above. None present for the plaintiff to tender registered NM. Hence, it is posted for dismissal.
Adjourned for NM dismissal/writ of summons to 15.03.2025
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Farkhanda Shaikh h/f Adv. Mr. Kudalkar for the plaintiff is present. She submitted that in view of the instructions, the plaintiff wants to withdraw the suit and filed pursis for withdrawal of suit. Taken on record. It is marked as Exhibit 2. O-Other side to say. She further submitted that even the registered NM No. 4415/2019 is not forthcoming. Adv. Mr. Swapnil Bharti for defendant/MCGM is present and filed say on Exhibit 2. Heard. O- Considering the reasons, as the plaintiff is not willing to proceed with the matter, she is permitted to withdraw the suit. The suitable order follows below Exhibit 1.
Order Below Exhibit 1:
In view of the Order on the pursis (Exhibit 2), the suit stands disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, along-with un-tendered NM No. 4415/2019, are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-03-2025