Adish Gangaram SakpalVsMCGM +6 more

Date: 24-02-2020
Business: Adv. Vikas Shivgan for plaintiff is present. He seeks time for N/M hearing. O granted. He seeks service of N/M through bailiff. O granted.
None present  for defendant.
Matter is adjd. for N/M hearing to 13/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present.
Last chance is granted for NM hearing.
Matter is adjd. to 26/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Plaintiff in person present.  Adv. absent.
Adv. Ms. Chandramore for BMC present.
Plff. requested date.  Granted.  the plff. is directed to keep his adv. present till next date.
Matter is adjd. for further order to 22/12/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv Babita Pandey H/f Adv Vikas Shivgan present for the plaintiff.
She filed original NM No.453/2020 TOR
Plaintiff has not filed service affidavit. Therefore, plaintiff is directed to file service affidavit on next date, failing which further orders will be passed.
Matter is adjd. to 19.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. absent for plaintiff.
None present for defendant.
Plaintiff in person present and sought adjournment for nm hrg.
Matter adjourned for nm hrg. To 27/04/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Plaintiff in person is present and sought adjournment.
Adv. Ms. Chandramore for defendant/MCGM is present.
Matter adjourned for NM hearing/Order to 18.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Redekar tendered vakalatnama on behalf of plaintiff t.o.r marked as Exh. 06 and he requested to issue fresh writ of summons to the defendant.
Plaintiff in person present.
Issue fresh writ of summons to the defendants as per rules.
Matter adjourned for nm hearing and service of writ of summons to 26/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Redekar present for plaintiff and tendered affidavit of service t.o.r.
adv. Redekar undetake to supply the copy of plaint to defendant no. 07.
Adv. Chandramore present for defendant 01 to 04/MCGM and sought adjournment to file reply to nm.
None present for other defendant 06.
Adv. Asan khan present for defendant no. 07 and tendered vakalatnama on behalf of defendant no. 07. t.o.r marked as Exh. 07.
Adv. Priyanka gavkar hf. Adv. Kudalkar present for deff. no. 05.
Matter adjourned for nm reply to 13/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant 01 to 04/MCGM and sought adjournment to file reply.
None present for other defendants.
Matter adjourned for nm reply as a last chance to 24/11/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant 01 to 04/MCGM
Adv. Hasan khan present for defendant no. 07.
Adv. Darshan Jain hf adv. Kudalkar present for defendant no. 05.
None present for other defendants.
Matter adjourned for no reply order to 05/01/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant no. 01 to 04/MCGM and sought adjournment to file reply.
Adv. Hasan khan present for defendant no. 07.
Adv. Priyanka gavkar hf. Adv. kudalkar present for deff. no.05.
None present for other defendant no. 06.
Matter adjourned for no reply order to 14/02/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant no. 01 to 04/MCGM and sought adjournment to file reply.
Adv. Darshan Jain hf adv. Kudalkar present for defendant no. 05.
None present for other defendants.
Matter adjourned for nm reply/ no reply order to 20/03/23.
l.o. at 03.30 pm.
Adv. Hasan khan present for defendant no. 07.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant no. 01 to 04/MCGM.
Adv. Hasan khan present for defendant no. 07 and submitted that matter is already adjourned to 20/03/23 on last date.
As per the roznama the matter is adjourned to 20/03/2023.
Sheristedar informed that matter is already adjourned to 20/03/23 and in CIS matter is inadvertently adjourned to 20/02/23. Hence,
Matter adjourned for nm reply to 20/03/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv. Redekar present for plaintiff.
Adv. Priyanka gavkar hf. Adv. kudalkar present for deff. no.05.
Adv. Chandramore present for defendant no. 01 to 04/MCGM and sought adjournment to file reply.
Adv. Hasan khan present for defendant no. 07 and sought adjournment for filling reply.
None present for other defendants.
Matter adjourned for nm reply to 03-05-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Adv. Redekar present for plaintiff.
Adv. Pradip Patil present for defendant/BMC.
Adv. Khatib present for defendant/State.
Adv. Khan present for defendant No.7.
Matter adjourned for NM reply to 31.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Adv. Redekar present for plaintiff.
Adv. Chandramore present for defendant/BMC and tendered reply to NM No.453/2020.
Adv. Khedekar h/f. Adv. Sachin Kadam present for defendant/State.
Matter adjourned for NM reply/Hearing to 25.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. S.S. Redekar present for plaintiff.
Adv. Chandramore present for defendant Nos.1 to 4/BMC.
Adv. Suraj Kudalkar present for defendant No.5/State.
Plaintiff is directed to serve copy of notice of motion on defendant No.5
On 31.08.2023 reply cum written statement filed by defendant Nos.1 to 4/BMC is treated as written statement. TOR and marked as Exh.8.
Defendant No.6 was served on 23.08.2022. It failed to appear. Hence suit shall proceed ex-parte against defenant No.6.
Advocate for defendant No.7 is absent. It failed to appear. Hence suit shall proceed  without written statement of defenant No.7.
Defendant No.7 failed to file reply to NM No.453/2020. It shall be heard without reply of defendant No.7.
Matter adjourned for NM reply/Hearing to 30.11.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Adv. S.S. Redekar present for plaintiff.
Adv. Chandramore present for defendant Nos.1 to 4/BMC.
None present for defendant No.5/State.
Matter adjourned for NM reply/Hearing to 29.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv. S.S. Redekar present for plaintiff.
Adv. Chandramore present for defendant Nos.1 to 4/BMC.
None present for other defendants.
Matter adjourned for NM reply/Hearing to 19.03.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: None present for plaintiff.
Adv. Chandramore present for defendant Nos.1 to 4/BMC.
Adv. Khedekar h/f. Adv. Kudalkar present for defendant No.5/State.
Matter adjourned for NM reply/Hearing to 25.06.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Redekar present for plaintiff.
None present for defendant Nos.1 to 4/BMC.
None present for defendant No.5/State.
Adv. Ankita Agawane present for def. No. 7.
Matter adjourned for NM reply/Hearing to 28.08.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Redekar present for plaintiff.
Adv. Apurva Dalal present for defendant Nos.1 to 4/BMC.
Adv. Farkhanda Shaikh h/f. Adv. Suraj Kudalkar present for defendant No.5/State.
Adv. Hasan Khan present for defendant No. 7.
Matter adjourned for NM reply/Hearing to 01.10.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Adv. Redekar present for plaintiff.
Adv. Apurva Dalal present for defendant Nos.1 to 4/BMC.
Adv. Suraj Kudalkar present for defendant No.5/State. He prays for an adjournment.
On oral request of advocate for defendant/State,Matter adjourned for NM reply to 13.11.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Adv. Redekar present for plaintiff.
Adv. Apurva Dalal present for defendant Nos.1 to 4/BMC.
Adv. Suraj Kudalkar present for defendant No.5/State.
Matter adjourned for NM reply to 21.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: Adv. Redekar present for plaintiff.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present.
Adv. Suraj Kudalkar for defendant No.5/State present.
Ld. Adv. for defendant No.5 seeks time to file reply on the ground that, till date he is not in receipt of copy of NM.
Matter adjourned for NM reply to 08.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Adv. Redekar present for plaintiff.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present.
Adv. T.A. Dhotre h/f. Adv. Suraj Kudalkar for defendant No.5/State present.
Adv. Swati Kamble h/f. Adv. Hassan Khan for defendant No.7 present.
By consent, matter adjourned for NM reply to 07.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Not on board, taken on board by praecipe Exh.9. O-TOBA.
Adv. Redekar for plaintiff present and tendered compilation of document Exh.10. Taken on record.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present.
Mr. Baban Popat Hulwale, Senior Estate Inspector, BMC present.
Argument of plaintiff is completed.
Court time is over.
Matter adjourned for part argument of NM to 04.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Adv. Redekar for plaintiff present and tendered notes of arugment Exh.11 . Taken on record.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present and filed application Exh.12 along with list of document Exh.13. Taken on record. Copy served on other side.
Mr. Baban Popat Hulwale, Senior Estate Inspector, BMC present.
Heard advocate for parties.
F.R.S.R. following order passed on Notice of Motion No.453/2020
ORDER
1.  Notice of Motion No. 453 of 2020 is hereby rejected.
2. Notice of Motion No. 453 of 2020 is disposed off with no order as to costs.
Ld. Adv. for plaintiff tendered application Exh.14. Taken on record. O-Other side to say.
Ld. Adv. for defendant/BMC endorsed say on application Exh.14.
Matter adjourned for hearing on Exh.14 to 05.07.2025.
Authenticated copy of roznama be given to both sides
Next Purpose: HEARING
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Adv. Redekar for plaintiff present.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present.
Order passed below Exh.14
1. Perused the application. Heard Advocate for the parties.
2. This application is filed on behalf of the plaintiff requesting to stay the effect of order passed in Notice of Motion No. 453 of 2020 and to protect the suit structure for a period of two weeks.
3. Defendant/BMC has objected the application.
4. Admittedly, ad-interim relief came to be rejected by order dt.21.1.2020. The plaintiff has failed to made out any case to grant protection to the suit structure. Hence, application stands rejected.
Matter adjourned for recording evidence to 23.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: Adv. Redekar for plaintiff present.
Adv. Apurva Dalal for defendant Nos.1 to 4/BMC present.
Matter adjourned for draft issues to 02.12.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: Not on board, taken on board.
Received writ from Honble High Court vide No. D.D. (AO) C0719099/2025 dated 10.09.2025 along with copy of order dated 22.07.2025 in Appeal From Order No.390 of 2025 with Interim Application No.9680 of 2025.
Coram  Gauri Godse, J.
Date   22nd July, 2025.
Order.
5.The appeal is therefore disposed of by passing the following order
(i) The undertakings given by the appellant and the corporation as recorded in their respective affidavits tendered today are accepted as undertakings to this court.
(ii) Within one week from today, the appellant shall be handed over possession of the alternate premises
(iii) The appellant is permitted to occupy the alternate premises by vacating the suit premises within a week.
(iv) It is clarified that the appellant shall continue to occupy the temporary alternate accommodation as recorded in the undertaking till the decision of the suit.
(v) It is further clarified that this interim arrangement is without prejudice to the rights and contentions of both the parties in the suit.
(vi) It is further clarified that this temporary arrangement is subject to final outcome of the suit.
(vii) Appeal is disposed of in the aforesaid terms.
(viii) In view of the disposal of the appeal, interim application is disposed of as infructuous
Matter is already adjourned for draft issues to 02.12.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant Nos.1 to 4/BMC present.
Adv. Suraj Kudalkar for defendant/State present.
Matter adjourned for draft issues to 02.02.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Mr. Redekar for plaintiff is present.
Adv. Aslam Tadvi for defendant Nos.1 to 4/BMC present.
Adv. Suraj Kudalkar for defendant N.5/State present.
By consent matter refer to lok-adalat.
Matter adjourned for lok-adalat to 14.03.2026.        Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: None present for plaintiff.
Adv.Aditya Ragde h/f Adv.Suraj Kudlkar for defendant/State present.
None present for defendant/MCGM.
Matter is not settled. Hence, sent to regular Court.
Matter Adjourned to 18.06.2026
Next Purpose: Lok-Nyayalay
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: Not on Board. Taken on Board.
Adv. S. S. Redekar for plaintiff present.
This Court is of the view that matter is suitable to be kept before Lok-Adalat. Hence, be kept in ensuing Lok-Adalat. Issue Lok-Adalat notices to both the parties.
Matter adjourned for Lok-Adalat to 09.05.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: NATIONAL LOK-ADALAT HELD ON 09.05.2026- Panel No.7
CORAM-H.H. JUDGE VIKRAM R. JAGDALE
Matter pertain to Court Room No.8
Plaintiff and his Advocate is absent.
Ward officer is absent, Concerned BMC officer is absent.
Adv. Rupali D. Patil h/f Adv. Aslam Tadvi for defendant/BMC present.
Matter not settled.
Matter be posted to 18.06.2026 for same stage from which matter was referred to lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 18-06-2026

Date: 18-06-2026
Business: Adv. Redekar for plaintiff present.
Adv. Aslam Tadvi for defendant Nos.1 to 4/BMC present.
Adv. Amit Kapse for defendant No.5/State present.
Matter adjourned for draft issues to  28.07.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: Court is on leave.  Hence, matter adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
None present for plaintiff.
Adv. Aslam Tadvi for defendant Nos.1 to 4/BMC present.
Adv. Sanjana Gaikwad h/f. Adv.Kudalkarfor defendant No.5/State present.
Keep for framing issued without draft issues.
Matter adjourned for framing issues to 12.10.2026.
        Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-10-2026

NOTICE OF MOTION/100453/2020

Registration Number: 103407/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 103407/2019
Transfer Date: 16-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 112789/2019
Filing Date: 22-11-2019
First Hearing Date: 24th February 2020
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE