Date: 04-12-2019
Business: (By preceipe)
Adv. Shailesh Rai for plaintiff present and tendered draft NM along with affdvt.
O - Leave is granted to register the draft NM.
Adv. Khandagle for MCGM/Deft. present.
Mr. Kiran Patil A.O.(Estate) M/E Ward, MCGM present.
Ld. adv. for Defendant seeks time to verify the allotment letter issued to the Plff which is the base of the Suit. Therefore, both the parties are directed to maintain Status quo in respect of the Suit premises till next date.
Matter is adjd to 13.01.2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Kapil h/f Adv.Shailesh Rathi for plaintiff present.
Adv.Mrs.Patil h/f adv.Khandagale for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Adv. Patil submitted that for filing certion documents.
Plaintiff to inform concern officer.
Adjd to 12.02.2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv.Kapil Shete for plaintiff present and tendered original NM No.4708/19 along with affidavit in support.
Adv. Khandagle for MCGM/Deft. present.
It is submitted by adv. khandagale that he will file affidavit in reply on ad-interim relief on next date without fail.
Earlier order, if any, to continue till next date.
Matter adjd to 26.02.2020 for affidavit in reply by defendant/corporation as a last chance.
Next Purpose: REPLY
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjd to 20.04.2020 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-05-2020
Date: 11-05-2020
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: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: REPLY
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for defendant, adjournment granted to file reply to NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 15/02/2021 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Ms. Sweety Masurle h/f Adv. Shailesh Rai for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 05/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 03/05/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Due to covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv Mukesh Dubey for plaintiff present.
Adv Babu Singh for defendant no.1 present.
Adv. Mrs. Tondwalkar for Defendant no.2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 08/10/2021 for NM reply by defendant no.2/ MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv Kapil Shetye h/f Adv Shailesh Rai for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 03/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv. Sweety Masugale for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 19/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: In view of office order no.7/2022 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.
Earlier order, if any, to continue till next date.
Adjd. to 23/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 09/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 22/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 01/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply cum W/S and list of documents, TOR and marked as Exh.2 and Exh.3 respectively.
Copies of plaintiff are kept in R and P.
Earlier order, if any, to continue till next date.
Adjd. to 10/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Since last many dates plaintiff and his advocate absent. Hence, matter is kept for N/M dismissal.
Adjd. to 04/11/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: P.O. is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As Court is busy in hearing High Court time bound N/M No.2201/2019 in Suit No.1414/2019. Hence, matter is adjourned.
Adjd. to 11/01/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed on N/M No.4708/2019-
O R D E R
The roznama shows that since many years neither plaintiff nor his advocate present. On 10/10/2022 matter was kept for dismissal of N/M as none present for the plaintiff. Today, when called upto 04.00 p.m. none present for the plaintiff. It appears that plaintiff is not interested to proceed with the N/M. Hence, I have no option to pass following order-
O R D E R
Notice of Motion No.4708/2019 is dismissed for want of prosecution.
Adjd. to 15/04/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: N.O.B., T.O.B. (By preceipe).
Adv. Aditya Mandavkar i/b M/s Corps Legal for plaintiff present and tendered draft N/M, TOR. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
Adv. for plaintiff is directed to intimate the next date of adjourment to the other side.
Adjd. to 03/02/2023 for service and reply to draft N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adv. for plaintiff is directed to tender the original N/M No.402/2023 on next date and serve the copy thereof upon other side till next date.
Adjd. to 27/03/2023 for service and reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Omkar Mayekar for plaintiff present and tendered written undertaking to file v/p on next date TOR and marked as Exh-4.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Time is granted till next date.
Adjd. to 12.04.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Mr.Omkar Mayekar for plaintiff present and requested for time to argue on NM. Time is granted as a last chance tomorrow.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 13.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Mr.Sushil Matkar for plaintiff present and tendered NM no.402/2023.
Adv. Mr. Suryavanshi for defendant / BMC is present and received copy of NM no.402/2023 and requested time to file reply to NM.
Advocate for plaintiff submitted that he has not received NOC of previous date and undertakes to file V/P on next date.
Adjd. to 03.05.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO
Adv. Aditya Mandavkar I/b M/s. Corpslegal for plaintiff present.
Rest of the same appearance.
As Court is busy in hearing ad-interim and dictating orders in other matters and due to paucity of time, matter is adjourned till next date.
Adjd. to 16.06.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: Advocate Aditya Mandavkar I/b Corps Legal for plaintiff present and requested time to argue Notice of Motion No. 402/2023. However it appears that on 14.04.2023 matter adjourned on request of BMC for filing reply on NM No. 402/2023 however by oversight matter was adjourned for hearing of NM. Therefore matter is adjourned for reply by corporation.
Advocate Suryavanshi for defendant/BMC present a
Adjd to 28.06.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Advocate Omkar Mayekar h/f Shailesh Rai for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and has given reply to NM No. 402/2023 overleaf.
Adjd to 26.07.2023 for Hearing on NM No. 402/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Advocate Omkar Mayekar I/b Mahesh Sawant for plaintiff present and submitted that BMC has disposesed plaintiff forcibly and therefore he has to take instruction whether this suit is withdrawn or not and seeks time to argue NM. Time granted as a last chance. Hence, matter adjourned.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 28.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
none present for plaintiff when called. On previous date adv for plaintiff submitted that he has to take instructions whether plaintiff is withdrawing the suit. However today none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
Adjd to 16.09.2023 for NM dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: adjourned
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: None for plaintiff
Adv. Mhatre h/f. Surya
N.M. No.402/2023 is pending since last many dates. Today it is kept for its dismissal. None for plaintiff hence NM 402/2023 is dismissed for want of prosecution
Adjd. to 3/2/2024 for hrg. on issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd to 16.03.2024 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: None present for plaintiff
Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant/BMC present.
Exh.6 Issues are framed
Adjd to 19.06.2024 for List of witness and R. E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Today is the first date for evidence, hence matter adjourned
Adjd to 16.08.2024 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri for defendant/BMC present
Adjd to 12.12.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar for defendant/BMC present.
Adjd to 29.01.2025 for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: None present for the plaintiff to proceed with the matter. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to15.03.2025.
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 h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. The matter is kept back.
Later on at 12.32 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, he was absent and hence, the suit was kept back for his 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 he is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his 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