Mr. Murtuza Ali Shaikh +3 moreVsMCGM +1 more

Date: 26-09-2018
Business: Advocate Mr. Milind Deshpande for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Mr. Kini for Defendant no.2 present and undertakes to file Vakalatnama on next date.  He file say on NM itself.
Advocate Ms. Tondvalkar for BMC/Deft no.1 present.
                                 ORDER ON DRAFT NM
Heard advocate Mr. Deshpande.  Perused plaint, documents annexed to plaint, Notice of Motion  and affidavit in support of Notice of Motion.   On perusal of the documents it is noticed that Plaintiff has not filed any document to show that Plaintiff has any right to use property of Defendant no.2 or the boundary of property of Defendant no.2 as the way for approaching to property of Plaintiff.  Unless there is any such document showing prima-facie right of Plaintiff, no ad-interim relief as prayed can be granted.  If Plaintiff will file further documents showing prima-facie case for his right to use property of Defendant no.2 or its boundary this Notice of Motion can be considered on merits.
Case is adjourned to 10/10/2018 for reply/registered Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: None present for Plaintiff.
Advocate Ms. Tondawalkar  for BMC/Deft present and submitted that, she will file reply to NM on next date.
Plaintiff to file registered NM on next date.
On request of advocate for BMC, case is adjourned to 30/11/2018 for reply/registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Advocate Mr. M. R. Deshpande for Plaintiff present and filed registered Notice of Motion No.4101/18 with affidavit in support, t.o.r.
Advocate Mr. Kini h/f Adv. Gharat for Defendant no.2 present and filed Vakalatnama, t.o.r. He also filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate for BMC/Deft present.
Learned advocate for Defendant no.2 submitted that, tomorrow he will produce documents showing that Defendant no.2 is constructing compound wall in his own area owned by him.  Learned advocate for Plaintiff submitted that, he will produce the documents showing that Plaintiffs approach road is being closed by compound wall of Defendant no.2.  Further hearing of Notice of Motion is adjourned for production of documents to 02/11/2018 for reply/registered Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: Advocate Mr. Deshpande for Plaintiff present
Advocate Mr. Kini h/f Adv. Gharat for Defendant no.2 present and submitted list of documents, t.o.r.
Advocate for BMC/Deft present.
When Court asked Learned advocate for Defendant no.2 that whether Defendant no.2 has filed Written Statement in the suit and whether Court can grant ad-interim reliefs without filing of main pleadings by the parties, advocate Mr. Kini submitted that, on next date he will file Written Statement, even though summons is yet to be served on Defendant no.2, hence case is adjourned by consent to 14/11/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Advocate Mr. M. R. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 present
Advocate for BMC/Deft present.
By consent, case is adjourned to 21/11/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018

Date: 14-11-2018
Business: Advocate Mr. M. R. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 present
Advocate for BMC/Deft present.
By consent, case is adjourned to 21/11/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: Advocate Mr. Deshpande for Plaintiff present.
Advocate Ms. Tondwalkar for BMC no.1 present.
Advocate Mr. Keni for Defendant no.2 present and filed Written Statement, t.o.r. and marked as Exh.4.
Case is adjourned to 26/11/2018 at 11.00 a.m. for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Advocate for Plaintiff present.
Advocate for BMC/Deft present.
Case is adjourned to 03/12/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: Advocate Mr. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 absent.
Advocate for BMC/Deft present.
Case is adjourned to 11/12/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Business: Advocate Mr. Deshpande for plaintiff present and
Advocate Mr. Kini for Defendant no.2 present and submitted that, vide order dated 26/09/2018 this court has ordered that unless there is document showing prima-facie right of Plaintiff in suit property no ad-interim relief can be granted,  thereafter till this date Plaintiff has not filed any document to the satisfaction of the Court nor Plaintiff is replying draft NM of Defendant no.2. It is further submitted that, that Defendant no.2 is filing pursis to the effect that Written Statement of Defendant no.2 may be considered as reply to the NM filed by Plaintiff.  It is submitted that, NM filed by Plaintiff should be heard and decided because Plaintiff is showing the order dated 26/09/2018 and stopping Defendant no.2 from making construction.
Pursis filed by Defendant no.2 is marked as Exh.5.
Advocate for defendant/BMC present.
Heard. Learned advocate for Plaintiff submitted that, as showing in sketch map annexed to the plaint Plaintiffs are residing in Huts which are shown in said sketch map and by constructing compound wall Defendant no.2 is closing the way to their huts, hence NM is necessary to be made absolute.  Learned advocate for Plaintiff also submitted that, Defendant no.2 has prayed for appointment of commissioner hence court commissioner may be appointed.
Learned advocate for Defendant no.2 submitted that, Plaintiffs have admitted ownership of Defendant no.2 on the property of Defendant no.2.  It is argued that Plaintiff s are residing in neighborhood property and not in the property of Defendant no.2 therefore injunction can not be granted against Defendant no.2.
Case is adjourned to 12/12/2018 for Order on Notice of Motion filed by Plaintiffs and for reply to the NM filed by Defendant no.2.  Time extended for registering NM filed by Defendant no.2.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Advocate Mr. Deshpande for Plaintiff.
Advocate Mr. Kini for Defendant no.2.
Advocate for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
1. Draft N/m filed by Defendant no.2 is made absolute in terms of prayer clause (a).
2. Plaintiffs are temporarily restrained till disposal of this suit from causing obstruction and interference into Defendant no.2\''s construction work of compound wall around property shown in yellow colour in the sketch map annexed to the plaint which is situated in survey no.38 of Village Tirandaj, Taluka Kurla, Powai.
3. Draft Notice of Motion be registered for statistical purpose.
Suit to proceed for hearing of Notice of Motion No.4101/18.
At 5.00 p.m.
Heard advocate Mr. Deshpande for Plaintiff and advocate Mr. Kini about NM No.4101/18 both of them submitted that, arguments advanced for draft NM of Defendant no.2 may be considered for decision of NM No.4101/18.
Case is adjourned to 13/12/2018 for Order on Notice of Motion no.4101/18
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: Advocate Mr. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 present.
Advocate for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
N/m No.4101/2018 stands disposed off/dismissed.
Case is adjourned to 11/03/2019 for Written Statement of Defendant no.1.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: None present for Plaintiff.
Advocate Mr. Kini for Defendant no.2 present and filed draft Notice of Motion along with affidavit in support. Leave granted.  Defendant no.2 is directed to serve copy of NM on Plaintiff.
Advocate for BMC/Deft present.
Date of the suit is preponed to 28/01/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Advocate Mr. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 present and filed registered NM No.387/19 with affidavit in support, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
Learned advocate for Plaintiff sought time to file reply to contempt NM.  Thereupon advocate Mr. Kini submitted that, Plaintiff may file reply later on, but mean while, ad-interim relief in terms of prayer clause (b) of NM is necessary to be granted and for that purpose he will satisfy the Court with case laws therefore matter should be kept at the earliest.
Case is adjourned to 30/01/2019 for NM reply/hearing for ad-interim relief.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: None present for Plaintiff.
None present for Defendant no.2.
Advocate Ms. Tondwalkar for BMC/Deft present.
Case is adjourned to 04/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Advocate Mr. Deshpande for Plaintiff present.
Advocate Mr. Kini for Defendant no.2 present and submitted that, he is filing the case laws showing that Court can provide police protection at the cost of Defendant no.2 for obedience of the orders passed by the Court.
Advocate for BMC/Deft present.
Learned advocate for Plaintiff submitted that, matter may be kept tomorrow so that he can also file case laws, if required.
Case is adjourned to 06/02/2019 for further hearing of NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Plaintiff and adv absent.
Adv. Andrews for Deft.no. 2 present.
Adv. Tondwalkar for BMC/Deft present.
Case is adjourned to 18.02.2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Advocate for Plaintiff present.
Advocate Mr. Andrews for Defendant no.2 present.
Advocate for BMC/Deft present.
Court is busy in dictating order in suit(st) no.1777/19 and Court has to pass order on Chamber Summons in suit no.6956/2003, hence case is adjourned to 06/03/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Advocate Mr. Narendra Gharat for Plaintiff filed preceipe for taking matter on todays board. Order on preceipe.-Allowed.
K.B.
L.O.
None present for Plaintiff.
Advocate Mr. Kini for Defendant no.2 present and submitted that, preceipe is already served upon Plaintiff and considering urgency in the matter, it should be kept at the earliest, however as already much matters are fixed for orders/Judgment on every day till 5th March, this matter can be kept on 06/03/2019 for Order on Nm.  It is made clear that if on 06/03/2019 if court will get time, then only NM no.387/19 order will be passed.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Advocate for Plaintiff absent.
Advocate for Defendant no.2 present.
Advocate for BMC present.
F.R.S.R. following order has passed -
                               ORDER
1. Notice of Motion No.387 of 2019 is made absolute in terms of prayer clause (b) of Notice of Motion.
2. Defendant no.2 is directed to take out separate contempt Notice of Motion, if at all Plaintiffs have committed disobedience of the injunction order.
Case is adjourned to 05/04/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Puranik for applicant present and filed original CS No. 686/19 along with affidavit. TOR.
Adv. Ms. Tondwalkar for MCGM/Deft present.
KB
Later On.
Plaintiff and advocate absent.
Adv. Andrews for defendant no. 2 present.
Adv. Thorat for applicant present.
Adjd. To 12/04/2019 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2019

Date: 12-04-2019
Business: Court is on leave. Hence board discharged. adjd.to 18.04.19
Next Purpose: C/S  HEARING
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Plaintiff and advocate absent.
Advocate Mr.Andrews for defendant no. 2 present and filed reply on Chamber Summons.
Advocate Ms. Hajare for defendant no. 1/MCGM present.
Adv. Mr. Thorat for applicant present and filed rejoinder to Chamber Summons.
Advocate for applicant filed list of documents.
Exh. 6- List of documents.
Plaintiff and other defendants did not file reply on ch/s.
With consent, the case is adjourned to 02.05.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Advocate Deshpande  for plaintiff present.
Advocate Mr.Andrews for defendant no. 2 present
Advocate Ms.Hajare for defendant/MCGM present.
Adv. Ms. Aruna Mehta h/f adv. Thorat for applicant present.
KB
LO at 4.20pm
Advocate Mr.Andrews for defendant no. 2 present
Advocate Ms.Hajare for defendant/MCGM present.
Adv. Thorat a/w adv. Ms. Aruna Mehta for applicant present.
The Case is adjd. to 07.06.2019   for  Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Advocate Deshpande for plaintiff present and filed Chamber Summons reply. TOR.
Advocate Gharat h/f adv. Kini for defendant no.2 present.
Advocate Ms.Chavan for defendant no. 1/MCGM present.
Advocate Khopde h/f adv. Thorat for applicant present.
The case is adjourned to 27.06.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: None for plaintiff.
Advocate Ms.Mhatre for defendant/MCGM present.
Advocate Gharat for defendant no.2 present.
Advocate Khopde for applicant present.
The case is adjourned to 13.08.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: None for plaintiff.
Advocate Pradip Gandhy for applicant present.
Advocate Gharat for defendant no.1 present.
Advocate Ms. Mhatre for defendant/MCGM present.
The case is adjourned to 18.09.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: As Court is busy in hearing NM in suit no. 2453/15, 2057/19 and in hearing ad-interim matters in ST no. 2469/19 and ST 10053/19 and also in dictating Judgment in suit no.926/11 and NM orders in suit no.4593/12. The case is adjourned.
The case is adjourned to 18.10.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None for plaintiff.
Advocate Giri for defendant no.1/MCGM present.
Advocate Andrews for defendant no.2 present.
Advocate P.D.Gandhy for applicant present.
The case is adjourned to 08.11.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: None for plaintiff
Advocate Ms. Chavan for defendant no.1 /MCGM present.
Advocate J.S. Kini for defendant no.2 present.
None for applicant.
The case is adjourned to 13.12.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Mr. Kini for deft no.2 present.
Adv. Ms. Preet Chawala for applicant, prayed for adjd. for hearing on ch/s.
Matter is adjd. for ch/s hearing on 28.02.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: None for plaintiff, ch/s no. 686/19 to proceed without reply of plff.
Adv. Mrs. Chavhan for deft.no.1/MCGM present.
Adv. Mr. Andrews for deft no.2, prayed for adjd as adv. Mr. Keni is not available.
Adv. Mr. Dharmendra Joshi for applicant present.
Exh.7- V/P of Mr. Dharmendra Joshi for applicant.
Matter is adjd. for Ch/s hearing on 20.03.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre h/f adv.Chavan for deft./MCGM present.
None for applicant.
Matter is adjd. for ch/s hearing on 10.07.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Business: adjd.to
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: Adjd. to
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft. No. 1/MCGM present.
Adv. Gharat for deft. no.2 present.
Adv. Dharmendra Joshi for applicant , submitted additional affidavit in support of C/S.
Matter is adjd.to 28-01-2021 for C/S Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Dharmendra Joshi for Applicant present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Matter is adjourned for NM reply on 11.02.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Adv. Mr. Kenni for defendant no.2 is present.
Adv. Doshi for the applicant is present.
Matter is adjourned for ch/s hearing to 09.03.21.
                                                                               Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff and there advocate are absent.
Adv. Ms. Tondwalkar for deft./MCGM present.
Adv. Gharat for defendant no.2 is present and requested for short adjournment.
Adv. Dharmendra Joshi for applicant is present.
Matter is adjourned for ch/s hearing to 16.03.21.
                                                                               Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Adv. Mr. Kenni for defendant no. 2 is present and submitted that he has not received copy of additional
Adv. Joshi for applicant is present.
Partly heard arguments by applicant on ch/s.
Matter is adjourned for further argument of applicant to 08.04.21.
                                                                               Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present
Due to Covid-19 board is discharged.
Matter is adjourned for Ch/ hearing to 15/7/2021
LO  at about 2.45 p.m.
Adv. Mr. Kini for Deft. no.2 present.
Adv. Mr. Dharmedra Joshi for applicant present.
Applicant is directed to serve the copy of document to defendant no.2.
With both consent matter is preponed to 22/4/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: P.O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjourned for Ch/s hearing to 24.03.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: None present for plaintiff.
Adv. Mr. Dharmedhra Joshi for applicant is present.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No. 1/MCGM is present.
Adv. Mr. J.S. Keni for defendant No. 2 is present filed list of documents. TOR. It is marked at Exh.08.
Copy is supplied to the applicant.
Adjourned for Ch/s hearing to 30.06.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None present for plaintiff.
Adv. Mr. Joshi for the applicant is present.
Adv. Ms. J.V. Mhatre for defendant No.1/MCGM is present.
Adv. Mr. Keni for the defendant No.2 is present.
KB LO at 03.45 pm.
Heard the advocate for applicant and defendant No.2 on Ch/s
No. 686/19. None is present for the plaintiff. Hence, the matter is posted for Ch/s. Order.
Adjourned for Ch/s Order to 14.07.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present for the plaintiff.
Adv. Mr. Dharmendra Joshi for the applicant is present.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present.
Adv. Mr. Gharat for the defendant No. 2 is present.
The Court is busy in recording evidence in SU No. 675/2010 and hearing on NM Nos. 2925/21, 2926/21 and 816/13.
Adjourned for Ch/s Order to 26.07.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Matter adjourned for Ch/s Order to 11.08.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in recording evidence in SC No. 251/2022.
Adjourned for Ch/s. Order to 25.08.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in recording evidence in SC 187/2022.
Adjourned for Ch/s Order to 17.09.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for the plaintiff.
Adv. J.V. Mhatre for defendant/MCGM is present.
F.R.S.R. following order is passed on Ch/s. No. 686/2019:
                                    ORDER
(i).	Chamber Summons No. 686/2019 stands dismissed.
(ii).    Chamber Summons No. 686/2019, is, accordingly, 		disposed of.
Adjourned for WS to 10.11.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None present for the plaintiff.
Adv. Ms. J.V. Mhatre for defendant No. 1/MCGM is present and orally requested for time to file WS. Time is granted.
Adv. Mr. Gharat for defendant No. 2 is present.
Adjourned for WS to 17.01.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present and  requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS Order against defendant No. 1.
Adv. Mr. S.G. Mahamuni for defendant No. 2 is present.
Adjourned for no WS Order against defendant No. 1 to 14.02.2023.
Next Purpose: ORDER
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None present for the plaintiff.
Adv. Ms. Smita Chavan for defendant No.1/MCGM is present and requested for time to file WS. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no WS Order against defendant No. 1.
Adv. Mr. Mahamuni for defendant No. 2 is present.
Adjourned for no WS Order against defendant No. 1 to 21.03.2023.
Next Purpose: ORDER
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: None present for the plaintiff.
Adv. Mrs. S.S. Chavan for defendant No. 1/MCGM is present  and requested for time to file WS. The suit about 5 years old. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without WS of defendant No. 1.
None present for defendant No. 2.
Adjourned for framing of issues to 27.04.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: None present for the plaintiff.
Adv. Mrs. Smita Chavan for defendant No. 1/MCGM is present.
Adv. Gharat for defendant No. 2 is present.
Adjourned for issues to 04.07.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant No.1/MCGM is present.
Adv. Mr. Gharat for defendant No.2 is present.
Issues are framed at Exh.9.
Adjourned for filling documents on affidavit to 01.09.2023.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant No.1/ MCGM is present.
Adv. Mr. Gharat h/f Adv. Kini for defendant No. 2 is present.
Adjourned for dismissal to 21.10.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None present for the plaintiff.
Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/MCGM is present. None present for defendant No.2.
LO at 12.02 p.m.
Adv. Mr. Ramesh Gupta i/b Pathak & Co. for applicant in Ch/s. is present and filed application for adjournment, informing the proceeding file before Hon’ble High Court against Order of Ch/s.. TOR. It is marked as Exhibit 10. O- Considering the reasons, the matter is adjourned under same caption. The applicant to file the copy of proceeding and the Order, if any passed therein, on the next date.
Adjourned for dismissal/updates to 23.11.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: None present for the plaintiff.
Adv. Mr. Suryavanshi h/f Adv. Mr. Khandagale for defendant No.1/ MCGM is present.
Adv. Mr. Narendra Gharat for defendant No. 2 is present.
Adjourned for updates/dismissal to 20.01.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant No.1/MCGM is present.
Rest of the defendants are absent.
Adjourned for dismissal to 17.02.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant No.1/MCGM is present.
Adv. Mr. Gharat for defendant No. 2 is present.
None present for the applicant in Ch/s.
Adjourned for dismissal to 20.04.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: PO is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: None present for the plaintiff.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant No.1/ MCGM is present. Rest of the defendants are absent.
Later on 11.54 a.m.
Adv. Mr. Hanumant Tajane for defendant No. 2 is present.
Adv. Mr. Santosh Tiwari h/f M/s. S. Pathak and Co. for the applicant in Ch/s. is present and sought time to file updates of proceeding pending before the Honble High Court. Sufficient time is already granted. Still, considering his request, the matter is adjourned, subject to payment of costs of Rs.5,000/-(Rs. Five Thousand) in favor of DLSA, Mumbai, till the next date. In default, the suitable Orders to follow.
Adjourned for costs/compliance/suitable Order to 17.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant No.1/MCGM is present. Adv. Mr. Gharat h/f Adv. Mr. Kini for defendant No. 2 is present. None present for the applicant in Ch/s..
Adjourned for suitable Order to 14.11.2024.
Next Purpose: ORDER
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: None present for the plaintiff to proceed with the matter. Hence, the suit is posted for dismissal. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant No.1/MCGM is present. Adv. Ms. Vaishali Kasbe for defendant No. 2 is present.
Adjourned for dismissal to 21.12.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: None present for the plaintiff to proceed with the matter. Adv. Mrs. S.R. Charatkar for defendant No.1/MCGM is present. Adv. Mr. Narendra Gharat for defendant No. 2 is present.
Adjourned for dismissal to 18.01.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/BMC is present. Todays matter listed for dismissal for suit for want of prosecution. The record shows that issues are framed on 4th of July 2023 and matter was adjourned for plaintiffs evidence. Neither plaintiff nor his advocate is present. Hence on 21.10.2023, 23.11.2023, 21.01.2024, 17.02.2024, 14.11.2024 but none was present for the plaintiff.  Therefore matter adjourned on 21.12.2024 for dismissal of suit But None was present for plaintiff Hence matter adjourned for today for dismissal of suit but in-spite of that today also None present for the plaintiff shows that plaintiff is not interested to proceed with the suit hence I pass following order.
ORDER 01. Suit is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-01-2025

CHAMBER SUMMONS/100686/2019
NOTICE OF MOTION/100387/2019
NOTICE OF MOTION/104101/2018

Filing Number: 112991/2018
Filing Date: 21-09-2018
First Hearing Date: 26th September 2018
Decision Date: 18th January 2025
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE