Om Prakash Khugnar Suit Stamp No.10419 of 2018VsMCGM And Ors - Applicants - Deepak Aswani

Date: 04-10-2018
Business: Adv. Kavita Shrma for plaintiff present.
Adv. Kamble h/f Adv. Bhoir for BMC Present.
Adv. Chaitali Gosavi h/f Adv. Vishal Khadani for applicant present and tendered original chamber summons along-with affidavit.
Adv. of deft./BMC tendered NM reply.
Copy served to other side.
Earlier order, if any, to continue till next date.
Matter adjd. to 14.11.18 for NM Hearing and Chs Reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Adv Ms.Gosavi for applicant present.
Adv Devshree Mandape for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 5/12/2018 for ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: Adv Giriraj for plff present.
Adv Ms.Chaitali Gosavi for applicant present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 16/01/2019 for ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv Kavita Sharma for plff present.
Adv Mrs.Bhoir for BMC/deft. no.1 present.
Adv Vishal Thadani for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 15/02/2019 for ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: CORAM - H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
(C.R.NO.11)
(In-charge Court of C.R.No.8)
Adv Kavita Sharma for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv Ms.Chaitali Gosavi for applicant present.
Earlier order to continue till next date.
Adjd to 1/04/2019 for ch/sum hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adv. Mr. Hardik Desai for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adv. Ms. Chaitali Gosavi for applicant present.
Adv. for Plff tendered reply to Ch/s No.1726/18.
Copy is received by Adv. for applicant.
Adv. for applicant sought time to file rejoinder.
Plff is directed to register the suit on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 19/6/2019 for rejoinder/ Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. Giriraj for plaintiff present.
Adv. Ms. Priyanka Raut for applicant present and tendered rejoinder to Ch/s.  Copy be given to defendant MCGM.
Adv. Khandagle for Deft./MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 14.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Adv. Devashri Mandape for plaintiff present.
None for applicant.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 23.10.2019 for Ch/s hearing.
l.o. at 3.45 p.m. Adv. Priyanka Raul for applicant present.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Next Purpose: C/S  HEARING
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Husain  with Adv. Giriraj for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Vishal Thadani for applicant present.
Heard both sides on Ch/S.
Matter Adjd on  09/12/2019  for  Ch/sum order.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Hussen  for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv.   Divya Parte for applicant present
Order on C/S No. 1726/18 -
By instant C/S the applicants have prayed to join them as defendants on the ground that they are affected by unauthorized construction of the plaintiff by consuming FSI of the undivided plot of land . They have relied upon order dated 21-08-2018 in WP (L) No. 2338 of 2018 whereby they are permitted to participate in this proceeding. However, Ld. adv. for the plaintiff has pointed out that the C/S is signed by one Deepak Aswani, power of attorney of all the applicants and some of the applicants namely Gopal Asrani / Bharati Asrani, Durga Lakhani, V. V. Aghaw, Reena Sunil Sethi, A.D. Shroff, Roopkumar Makhija and Dr. Amita Arun Singla have not even signed the power of attorney making it defective. It is also important to note that the names of applicants are not mentioned in the C/S. The power of attorney holder is not coming before the court in representative capacity. Therefore, the cause title of the C/S as well as contents thereof are silent about names of the persons to be joined as defendants in the suit. Therefore, due to defective C/S the same can not be considered and therefore, it is rejected.
Adjd to  10-02-2020 for N/M hearing  .
Nature Of Disposal: OTHER
Disposal Date: 09-12-2019

Main Case No: SUIT/0101448/2019
Main Cnr: MHCC010095862018
Main Filing No: 111447

Filing Number: 112700/2018
Filing Date: 21-09-2018
First Hearing Date: 04th October 2018
Decision Date: 09th December 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE