Date: 18-11-2019
Business: Adv. Yadav h/f Adv. Shukla for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM. Copies served to other side.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides. The plaintiff challenges notice dated 25-10-2019 u/s 354A of MMC Act. Ld. Adv. for plaintiff has pointed out that the plaintiff has replied the said notice by letter dated 14-11-2019 but no order is yet passed by deft./MCGM. The deft./MCGM is under statutory obligation to pass order after reply is filed to the notice. Hence, plaintiff is entitled for ad-interim relief with following order -
1) The deft./MCGM, its officers or any persons on its behalf are temporarily restrained from taking any coercive action against the suit premises till passing of the speaking order by designated officer of deft./MCGM.
2) If such order will be adverse to plaintiff\''s interest the same shall not be enforced for three days from service of said order to the plaintiff.
Authenticated copies be given to the both parties.
Adjd to 13-02-2020 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. B.P.Shukla for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 27.04.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
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 REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plaintiff.
Adv. Khandagale h/f Adv. Ms. Smita Chavan for deft/MCGM present.
On oral request of advocate for deft, adjournment granted to file reply to NM''s and Ch/s.
Plaintiff is directed to tender original registered NM Nos.4636/19 and 4318/19 and original Ch/s No. 2214/19 on next date.
Matter adjd to 02/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Surbhi Gujar h/f Adv. B. P. Shukla for plaintiff present.
Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Plaintiff is directed to tender original registered NM Nos.4636/19 and 4318/19 and original Ch/s No. 2214/19 on next date.
Matter adjd to 29/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv Rawade for defendant / MCGM present and requests for time to file reply to NM and Ch/s. Time is granted till next date.
Plaintiff is directed to tender original registered NM Nos.4636/19 and 4318/19 and original Ch/s No. 2214/19 on next date.
Adjd. To 12/10/2021 for filing NM and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
Plaintiff is directed to tender original registered NM Nos.4636/19 and 4318/19 and original Ch/s No. 2214/19 on next date.
Adjd. To 07/12/2021 for filing NM and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to CS and NM. Time is granted till next date.
Matter is adjd to 05/04/2022 for filing CS and NM reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Plaintiff is directed to tender original N/M Nos. 4318/2019, 4636/2019 and C/S No. 2214/2019 on next date and serve copy thereof to deft./MCGM.
Adjd. to 28/07/2022 for compliance of plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. B.P. Shukla for Plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Plaintiff is directed to tender original N/M Nos. 4318/2019, 4636/2019 and C/S No. 2214/2019 on next date and serve copy thereof to deft./MCGM.
Adjd. to 15/09/2022 for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Sunita Dubey for plaintiff present and submitted that plaintiff is not contacting hence, unable two make compliance. Therefore, date be given. Granted.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 24/11/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: As Court is busy in hearing urgent ad-interim relief of C.R. No.4 and 11, board is discharged.
Adjd. to 17/12/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: As Court is busy in urgent N/M and Ch/S hearing, board is discharged.
Adjd. to 11/04/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for defendant / BMC is present.
Adjd. to 08.06.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: None present for plaintiff.
Adv. Smt. Mhatre for defendant/ BMC is present.
This suit is pending since long for compliance i.e. tendering of original NM No. 4318/2019, NM 4636/19 and chamber summons no. 2214/19 by plaintiff but since last many dates plaintiff has not complied order, Hence, suit is adjourned for dismissal order for want of compliance.
Adjd. to 10.08.2023 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
It appears plaintiff has not tendered Original NM No. 2214/19 and NM No. 4318/19 and NM No. 4636/19. on previous date plaintiff was directed to tender NM and ch/s but today none present for plaintiff. Hence, matter adjourned and kept for dismissal of NM and ch/s for want of compliance.
Adjd to 19.08.2023 for dismissal of NM and Ch/s
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
The suit is of year 2019 and the plaintiff has not tender ch/s No. 2214/19 as well as NM No. 4318/19 and NM No. 4636/19 inspite of direction to tender it in the court. Therefore 08.06.2023 matter was adjourned and kept for dismissal of NM and ch/s for want of compliance. However inspite of that plaintiff has not complied the directions. These shows that plaintiff is not interested to proceed with the NM and ch/s. Therefore I pass following order.
ORDER
Ch/s No. 2214/19, NM No. 4318/19 and NM No. 4636/19 are dismissed for want of compliance of directions.
Adjd to 12.10.2023 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present
Advocate Mhatre for defendant/BMC present and seeks time to file WS. Granted.
Adjd to 07.12.2023 for NO WS Order
Next Purpose: ORDER
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1 and 2/BMC present and requested time to file WS on ground the officer is busy in Maratha Reservation survey. Hence matter adjourned for WS by BMC.
Adjd to 12.03.2024 for and WS by BMC
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present.
Suit is of year 2019 and deft/BMC has not filed WS. Hence suit to proceed without WS. Hence matter adjourned for NO WS order
Adjd to 23.07.2024 for No WS Order
Next Purpose: ORDER
Next Hearing Date: 23-07-2024
Date: 23-07-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present.
Matter is today for NO ws order. The suit is of year 2019 and deft/BMC has not filed WS. Hence suit to proceed without WS of deft/BMC.
Adjd to 10.09.2024 for List of witnesses/plaintiff evidence (Without WS)/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: None present for plaintiff.
Advocate Metakari for defendant/BMC present.
Today is the first date for Plaintiff evidence. Hence matter is adjourned.
Adjd. to 21.11.2024 for Plaintiff Evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. J.S. Yadav for plaintiff present and requested time to file evidence.
Advocate Swapnil Bharti for defendant/BMC present.
Today is the second date for plaintiff evidence. Hence matter adjourned
Adjd to 21.01.2025 for plaintiff evidence ( Without WS)
Next Purpose: RECORDING EVIDENCE
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. Hence, the suit is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/MCGM is present.
Adjourned for dismissal(No WS) to 15.03.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. The matter is kept back.
Later on at 12.30 pm
The appearance is as above.
Order Below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, she was absent and hence, the suit was kept back for her appearance, but in vain. Nor, any stay order is communicated on record. The suit is more than 06 years old. It is, thus, clear that she is not worried to proceed further with the suit. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. 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