Shri. Sunderji Mulji Shah +1 moreVsMCGM +1 more

Date: 26-11-2019
Business: Advocate Mr. Kudalkar for plaintiff present and tendered draft NM along with affidavit. It is TOR.  Order - Leave is granted to register the NM, returnable on next date. Copy be served to other side.
Adv. Mrs. Hajare for MCGM/Deft. no.1 present and tendered compilation of documents, t.o.r.  Copy served upon other side.
Advocate Mr. Abhijit Kandharkar for Defendant no.2 present.
Heard both sides in respect of ad-interim relief.
Adjd. to 27/11/2019 for ad-interim order.
Next Purpose: ORDER
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Advocate Ms. Vaibhavi Pawar h/f Adv. Mr. Kudalkar for plaintiff present.
Adv. Khandagle h/f adv. Hajare for MCGM/Deft. no.1 present.
Advocate Ms. Priya Patil for Defendant no.2 present.
                      ORDER ON AD-INTERIM RELIEF
Perused NM, plaint, documents annexed to the plaint and heard both sides.  The instant suit is for permanent injunction against Defendant no.2 Santosh who has allegedly made encroachment upon the suit property belonging to the Plaintiff under the garb of allotment letter dated 14/11/2019 issued by Defendant no.1/MCGM.  Learned advocate for Defendant no.2 has appeared and stated that Defendant no.2 has become owner of disputed portion of the suit plot by way of a notarized agreement for sale dated 12/05/1994 and orders of Small Causes Court.  From perusal of the plaint, the Plaintiff claims ownership right over the suit land on the basis of registered deed of assignment dated 30/06/2012. The validity of notarized agreement dated 12/05/1994 for conveyance of an immovable property is under question and it can be decided only after hearing the parties on merits.  Therefore, ad-interim relief in terms of prayer clause is granted against Defendant no.2 till next date.
The prayer is made in this Notice of Motion against Defendant no.1 to clarify the terms of the permission letter dated 14/11/2019 to Defendant no.2.   For that relief the Plaintiff can approach the office of Defendant no.1/MCGM.  After careful reading of the plaint, there is no cause of action to file this suit against Defendant no.1/MCGM.  The said permission letter dated 14/11/2019 is not under challenge.  No allegations are made against Defendant no.1/MCGM claiming that it has any role in the alleged encroachment upon the suit plot of land of Plaintiff by Defendant no.2 Santosh. This appears to be a title dispute between the parties. Therefore the decree of declaration of ownership by the Civil Court will be binding on the parties as well as the authorities of local bodies, Government, etc.  The Defendant no.1/MCGM is not claiming ownership of the suit plot.  Therefore, it is clear that Defendant no.1/MCGM is improperly joined as Defendant. Presence of Defendant no.1/MCGM is not necessary in order to enable to Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Therefore, in exercise of power under Order I Rule 10 (2) of CPC it is directed that the name of Defendant no.1/MCGM be struck out from the plaint.
In view of above order the suit remains between private parties. Therefore Registrar, City Civil Court to assign the matter to Judge, City Civil Court dealing with private civil suits.
Authenticated copies be given to the both parties.
Case is adjourned to 02/12/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: None for plaintiff.
Adv. Mr. Kandarkar for defendant no.2 present.
Exh.1 Plaint.
Exh.2 Vakalatnama.
Exh.3 Memo of address.
Exh.4 List of documents.
Exh.5 Vakalatnama tendered on behalf of deft. no.2.
O. - Seen and filed.
Reply to N/M tendered by deft. no.2.
Deft. no.2 undertakes to supply copy to the plaintiff.
The matter is adjd for hearing on N/M to 08.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: None for plaintiff.
Adv. Mr. Kandarkar for deft. no.2 present.
Adjourned for hearing on N/M as a last chance.
The matter is adjd for N/M hearing to 22.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Vaibhavi Pawar along with Kudalkar for plaintiff present.
Adv. Gautam Kanchanpurkar for deft. no.2 present.
Deft. no.2 present.
Ld. counsel for plaintiff submitted that the C.R. no.8 passed an order dated 27.11.2019 whereby directed to delete the deft. no.1 MCGM.   The plaintiff has moved review application no.01/2020.  In that view of the matter, the matter is adjourned.  Ld. Counsel for plaintiff submitted that today, he received the reply of the deft. no.2 to his N/M and seeks time for filing rejoinder. Granted.
Time is extended to register the N/M.
Earlier order, if any, to continue till next date.
The matter is adjd for rejoinder/N/M hearing to 27.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Vaibhavi Pawar for plaintiff present.
Adv. Abhijit K. for deft. no.2 present.
Adv. for plaintiff tenders original N/M No.448/20. T.O.R.
Ld. counsel for plaintiff seeks time to file rejoinder.  Time is granted.
Earlier order, if any, to continue till next date.
The matter is adjd for rejoinder to N/M to 18.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Matter is called at 12.08 p.m.
Adv.Darshan Jain for the plaintiff present
Ld. Counsel for the plaintiff submitted that matter is pending before CR No.4 for review of the order.
In view of the advisory and guidelines of the Hon\''ble High Court related to Corona Virus, the matter is adjourned to
20/04/2020 at 2.45  p.m.  Earlier order if any to continue till the next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present.
The matter is adjd for rejoinder to N/M, if any to 12.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Vaibhavi Pawar for plaintiff present.
Adv. Khandarkar for deft. no.2 present.
Adv. for deft. no.2 seeks time to file rejoinder.  Granted.
The matter is adjd for rejoinder to 08.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Kudalkar for plaintiff present.
Adv. Khandarkar for deft. no.2 present.
Ld. counsel for plaintiff submitted that he is going to move transfer application for the transfer of this suit and review petition to Court no.4 as the order was passed by that Court.
The matter is adjd for hearing on N/M to 12.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 20.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: While receiving R and P of suit no. 3019 of 2019 from C. R. no. 1, Original Review petition No. 1 of 2020 is not sent to this Court.
Matter transferred to this Court vide order dtd. 11.08.2021 in Transfer application no. 72/21 of Hon\''ble principal Judge, City Civil and Sessions, Court, Gr. Mumbai.
Adv. Kudalkar for plaintiff present.
Adv. Khandarkar for Def. no. 2 present.
Ld. Adv. for def. no. 2 seeks time to file reply to Review petition no. 1/20.  O- Time granted till next date.
Adjd. to 28.09.2021 for reply at 2.45 p.m.
Next Purpose: REPLY
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Kudalkar for plaintiff present.
Defendant no. 2 present.
Adv. Manish Jain h/f Adv. Khandarkar for defendant  no. 2 present and filed reply. Tor and marked at Exh. 2. Copy served to other side.
Original R and P of review petition no. 1 of 2020 is received from C. R. No. 1.
Adjd to 06.10.2021 for hearing at 2.45 p.m.
Next Purpose: HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Kudalkar for plaintiff present.
Defendant no. 2 present.
Adv. Kandarkar for defendant no. 2 present.
Heard both sides.
Adjd to 07.10.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: None for plaintiff.
Defendant no. 2 present.
FRSR following order is passed -
ORDER
1. Review application 1/2020 is dismissed.
In view of order dtd. 11.08.2021 in Transfer application No. 72/21 in L. C. Suit No. 3019/2019 the instant suit bearing suit no. 3019/19 is re-transferred to the original Court i.e. C. R. no. 1 after hearing and passing order on review application no. 1/2020.
Adjd to 18.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per Order No.213 of 2021 dated 12.10.2021 hereby declared holiday on 18.10.2021.  Matter is adjd to 27.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv Vaibhavi Pawar for pltff present.
Adv Rajesh Kachre for deft present.
On oral request of adv for the pltff adjourned for filling Rejoinder.
Matter is adjd to 19/04/2022 for NM Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: By Precipe.
NOB.TOB.
Adv Rajesh Kachre for pltff present.
Adv Kudalkar for deft no. 2 present.
Adv for pltff tendered draft NM.  Leave is granted to register the same.  Copy served on deft no. 2.
On oral request of adv for deft,
It is submitted that another SU No. 3019/19 is connected matter and is also to be taken up for hearing.  Both matter be kept on tomorrows board.
Matter is now adjd to 24/03/2022 for reply/hearing on ad-interim relief.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Vaibhavi Pawar for pltff present.
Adv. Kachre for defts present.
Matter is adjd to 25/03/2022 for NM reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv. Kudalkar for pltff present.
Adv. Kachre for deft present.
Heard both the sides on ad-interim reliefs.
Matter is adjd to 29/03/2022 for Orders on ad-interim reliefs.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present.
Earlier order if any to continue till next date.
Matter is adjd to 08/07/2022 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Kudalkar for plaintiff is present.
Adv. Priya Pathak for defendant is present.
KB Lo at 4.20 p.m.
Adv. Darshan Jain for plaintiff is present and filed re-joinder to NM No. 448/2020. T.O.R.
Copy served to other side.
Earlier order, if any, continue till next date.
Matter adjd to 22.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. Kudalkar for plaintiff is present.
Adv. Priya Patil for defendant no. 2 is present.
Earlier order, if any, continue till next date.
Matter adjd to 01.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Vaibhavi Pawar for plaintiff is present.
None present for defendant.
Earlier order, if any, continue till next date.
Matter adjd to 20.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Adv. Kudalkar for plaintiff is present.
Adv. Priya Patil for defendant is present.
The Ld.Adv.for plaintiff supplied the copy of rejoinder to the defendant.
On oral request of Ld.Adv.for defendant matter adjourned for NM hearing.
Earlier order, if any, continue till next date.
Matter adjd to 16.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Coram- H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
In-charge court room No.1
Adv. Darshan Jain h/f. Adv. Kudalkar for plaintiff present.
Adv. Priya Patil h/f. Adv. Abhijit Khandalkar for defendant No.2 present.
Earlier order if any be continued till next date.
Case adjourned for NM hearing to 12/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Matter pertains to C.R.No.1.
Adv. S.R. Pathak h/f Adv. Suraj Kudalkar for plaintiff present.
Earlier order, if any, continue till next date.
Matter adjd to 04.05.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Adv. Pathak h/f Adv. Suraj Kudalkar for plaintiff is present.
None present for defendant.
On oral request of Ld.Adv.for plaintiff matter adjourned for hearing on NM.
Earlier order, if any, continue till next date.
Matter adjd to 27.06.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Adv. Suraj Kudalkar for plaintiff present.
None for defendant.
Ld. Adv. for plaintiff make a statement that suit premises was already demolished. Therefore, the plaintiff wants to withdraw the suit. Hence matter is adjourned for withdrawal.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 21/07/2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Adv. Kudalkar for plaintiff is present.
Adv. Rashmi Shirke for defendant is present.
K.B.
Later on at 3.47 p.m.
Same appearance for the parties.
Heard the Ld. Adv. for plaintiff.
Ld adv for defendant make a statement that the defendant No.2 is not in contact with the advocate, hence, she unable to argue the matter. Therefore, in the interest of justice last chance granted to argue the matter.
Earlier order, if any, to be continued till next date.
Matter adjd to 07.08.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Kudalkar for plaintiff is present.
Adv. Khandalakar for defendant  no. 2 is prsent.
Heard both the Ld advocate for plaintiff and deft no. 2.
Matter adjd to 24/08/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adv. Darshan Jain for plaintiff is present.
None present for defendant.
K.B.
Later on at 5.50 p.m.
As court is busy in hearing arguments in old matter. Hence, matter is adjourned.
Earlier order, if any, to be continued till next date.
Matter adjd to 08.09.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: adjourned to 02-11-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Adv.Pathak for plaintiff is present.
None for defendant.
On oral request of Ld. Advocate for plaintiff matter is adjourned for filing of evidence.
Matter adjd to 16-01-2024 for filing of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: None present for plaintiff and defendant.
Matter adjd to 21.03.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: P.O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Adv. Darshan Jain for plaintiff is present and seeks time. Time granted.
None for defendant present.
Matter adjd to 22-08-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Adv. T. A. Dhotre h/f Kudalkar for plaintiff is present and seek time. O- Time granted with consent.
Adv. Rashmi Shirke h/f Abhijeet Kandalkar for defendant no.2 is
Matter adjd to 08.11.2024 for evidence of plaintiff on the request of both advocate.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. Farkhanda Shaikh h/f Adv. Kudalkar for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 10.02.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: P. O is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: None present for plaintiff and defendant.
Last chance granted to plaintiff to lead oral evidence.
Matter adjd to 18.07.2025 for evidence of Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Adv. Asfara Shaikh h/f Suraj Kudalkar for plaintiff is present  and seek time to lead evidence. O- Time granted.
None present for defendant.
Matter adjd to 29.09.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Adv. T. A. Dhotre h/f Kudalkar for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 15.12.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Adv.Darshan Jain for plaintiff is present and seeks time.  Time granted as last chance.
He seeks longer dated.
None present for defendant.
Matter adjd to 10/04/2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: Adv. Darshan Jain for plaintiff is present and seeks adjournment to file his evidence of affidavit of examination in chief.
None present for defendant.
Matter adjourned to 21.07.2026 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: None for plaintiffs.
None for defendant.
No evidence is filed.
Later on at 12.22 p.m.
Adv. Sanjana Gaikwad h/f Adv. Kudalkar for plaintiff present.
Matter is adjourned for filing of evidence by plaintiff to 21.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Advocate T. A. Dhotre h/f Adv. Kudalkar for plaintiff present.
Matter is adjourned to 19.10.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2026

REVIEW PETITION/100001/2020
NOTICE OF MOTION/100448/2020
TRANSFER APPL/100072/2021

Registration Number: 103019/2019
Transfer Date: 30-11-2019
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 103019/2019
Transfer Date: 20-09-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 103019/2019
Transfer Date: 07-10-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 103019/2019
Transfer Date: 14-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 21 - COURT 21  ADDL SESSIONS JUDGE

Filing Number: 112777/2019
Filing Date: 22-11-2019
First Hearing Date: 26th November 2019
Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE