Ganesh Ashok KambaleVsMCGM +1 more

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.4709/19 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: HEARING
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 final reply to NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
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: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: None for Plaintiff.
Adv. Mrs. Smita Chavan h/f. Adv. Mr. Khandagale for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 02/12/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
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: NM REPLYREJOINDER
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 01/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Kapil Shetye for plaintiff present.
Adv Mrs Rawade h/f Adv 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 27/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mugdha Bhosale h/f Adv. Shailesh Rai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date. Earlier order, if any, to continue till next date.
Adjd. to 17/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
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 02/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: None for Plaintiff.
Adv. Sutar h.f. Adv. Tondwalkar for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 27/01/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
None for plaintiff.
None for defendant/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 13/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and tendered reply to N/M cum W/S and list of documents, TOR and marked as Exh.2 and Exh3 respectively.
Copies of plaintiff are kept in R and P.
Earlier order, if any, to continue till next date.
Adjd. to 20/03/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: CORAM H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Sushant Mishra h/f. Mr. Jamkhandi for plaintiff present and undertakes to file V.P. on next date
Adv. Mr. Suryavanshi for BMC present
Earlier order, if any, to continue till next date.
Adjd. to 10/4/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: None present for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present and submitted that this mater pertains to PAP hence, he submitted that plaintiff is not appearing and arguing the NM. There is interim protection therefore prayed for dismissal of NM. Hence matter kept for dismissal of NM
Adjd. to 19.04.2023 for dismissal of NM.
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
KB
LO
Same appearance.
Adjd. to 28.04.2023 for NM Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None for plaintiff.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
       Matter is pending since last many dates for hearing of N/M. However since many dates neither plaintiff nor his advocate remains present. Therefore on previous date matter adjourned today and kept for dismissal order. Even today none appeared for plaintiff, this shows that plaintiff is not interested to proceed with the NM. Therefore I have no option but to dismiss NM for want of prosecution. Hence, following order is passed-
ORDER
Notion of Motion no.4709/2019 is dismissed for default.
Adjd. to 16.09.2023 for hearing on issues.
Next Purpose: HEARING
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Exh. 4 -  Issues framed
Adjd  to  04.11.2023   for Hearing on issues/draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: None present for plaintiff
Advocate  Suryavanshi for defendant/BMC present.
Adjd  to  20.01.2024    for  Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Issues are framed on 16.09.2023 but matter is wrongly shown under the caption of framing of issue. Hence matter adjourned and kept for evidence.
Adjd  to 20.03.2024  for list of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Suit is five years old and pending since last three dates for plaintiff evidence but neither plaintiff nor his Adv remained present. Today when called none present for plaintiff. Hence matter adjourned and kept for dismissal of suit.
Adjd  to  04.05.2024  for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: None present for plaintiff
Advocate  Amar Patil h/f Suryavanshi for defendant /BMC present.
keep back.
Later on 1.30 p.m
    The suit is of year 2019 and pending since many dates for plaintiff evidence but neither the plaintiff nor his Advocate remains present. Therefore on previous date matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order
ORDER
Suit is dismissed under order XI Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2024

NOTICE OF MOTION/104709/2019

Registration Number: 103122/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 113020/2019
Filing Date: 26-11-2019
First Hearing Date: 04th December 2019
Decision Date: 04th May 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE