Date: 02-12-2019
Business: By Precipee.
Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Patil for defendant/MCGM present.
Heard both sides on Ad- Interim Relief. KB
LO
Order on Ad-Interim Relief
Perused plaint, documents annexed to the plaint and N/M and heard both sides. According to Ld. Advocate for plaintiff, the plaintiff is held eligible for compensation/permanent alternate premises but the defendant/MCGM is threatening to demolish the suit premises without providing such relief and therefore, the plaintiff is entitled for ad-interim relief. He has relied upon voluminous citations which are in respect of land acquisition cases. As rightly submitted by Ld. Advocate for defendant/MCGM the plaintiff is merely held eligible for alternate arrangement and that does not mean that he was lawful owner of the land where the structure was located. It is also pertinent to note that the plaintiff is held eligible for compensation/permanent alternate premises and the defendant/MCGM will take decision in accordance with the policy of MCGM. The public project shall not be stoled for the above issue. Therefore, I do not find that the plaintiff is entitled for ad-interim relief. However, the defendant/MCGM shall decide the issue of compensation/permanent alternate premises to the plaintiff expeditiously.
Authenticated copies be given to the both parties.
Matter Adjd on 27.01.2020 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: None for plaintiff.
Adv. Khandagle h/f adv. Patil for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 05.03.2020 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 07.07.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Business: Due to covid -19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Business: Parties and advocates absent.
Matter adjd to 29/10/2020 for N/m reply/rejoinder.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan for deft/MCGM present and requests for time to reply to NM. Time is granted till next date.
Matter adjd to 15/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 11/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Indira Labdhe h/f Adv Hardik Desai for plaintiff present.
Adv Smita Chavan h/f Adv Rawade for defendant / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 18/01/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
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.
Matter is adjd to 17/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None for Plaintiff.
Adv Mrs Rawade for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Adjd. To 23/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Plaintiff is directed to register N/M till next date.
Adjd. to 25/08/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file reply on N/M. Time is granted till next date.
Plaintiff is directed to register N/M till next date.
Adjd. to 18/10/2022 for compliance by plaintiff/ N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: None for plaintiff.
Adv. Tondwalkar h.f. Adv. Rawade for defendant/ BMC is present and requested for time to file reply to NM.
Plaintiff is directed to register the NM till next date.
Adjd. to 20/12/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: None for plaintiff.
Adv. Mhatre for defendant/ BMC is present and requested for time to file reply to NM. Granted.
Plaintiff is directed to register the NM till next date.
Adjd. to 04/07/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: PO Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present and and seeks time for filing reply. Time granted.
Adjd for NM reply to 09.01.2024
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: As Court is busy in dictating NM order, Board is discharged.
Adjd to 28.03.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: As Court is busy in Judgment in Suit No. 1602/2014, Board is discharged. Hence matter adjourned.
Adjd to 13.06.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Plaintiff is directed to register NM within seven days otherwise NM will be dismissed for want of compliance.
Adjd to 13.08.2024 for NM Reply and Compliance
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Advocate Mansi Shah h/f Hadik Shah for plaintiff present and submitted that plaintiff is not in contact and they are going to withdraw the VP. Hence matte adjourned for compliance as per roznama dated 13.06.2024
Advocate Botlawar for defendant/BMC present.
Adjd to 31.08.2024 for Compliance / dismissal of NM
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Court is on Half day (second session)
Adjd to 21.09.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Swapnil Bharti for defendant/BMC present
Suit is of year 2019 and plaintiff has not get register the NM inspite of direction. Hence on 13.08.2024 matter adjourned and kept for dismissal of NM for want of compliance and inspite of that plaintiff has not get register NM. Today none present for plaintiff. This shows that plaintiff is not interested to comply the order. Hence draft NM is dismissed for want of compliance.
Adjd to 11.02.2025 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Pooja Nagarthawar h/f Adv. Mr. Bharti for defendant/MCGM is present.
Adjourned for dismissal to 19.04.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to file writ of summons. Hence, the suit is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant/ MCGM is present.
Adjourned for dismissal to 19.07.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
keep back
Later on at 12.37 p.m
None present for the plaintiff.
Order Below Exhibit No. 01:
Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. NM is already dismissed for default. Even thereafter no positive steps have been taken by the plaintiff. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
The Original documents, if any, 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
Disposal Date: 19-07-2025