Date: 13-12-2019
Business: Adv. Ms. Jayshree Randhaye h/f Adv. Sarita Donde for Defendant. no. 2 present.
F.R.S.R. following order on N/M No. 4738/19 is passed -
Order -
Notice of Motion No. 4738/19 is partly allowed with following order -
1)Prayer Clause (a),(b),(c) and (d) of Notice of Motion are rejected.
2) In circumstances of the case, the Defendant/MCGM is restrained from taking any further action pursuant to the impugned notice except action for corrective repairs of the suit building in accordance with the provisions of Mumbai Municipal Corporation Act, 1888.
LO
Adv. Pravin Dhanavade for plaintiff present.
Adjd to 30-01-2020 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Mr. Vinod for defendant No.2 present.
Adv. Dsilva for plaintiff present.
None for defendant MCGM.
Adjd to 31.01.2020 for NM reply by defendant No.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Plaintiff No.1 to 5 are present.
Adv. D\''silva for plaintiff present.
Adv. Khandagle for MCGM/DeftNo.1. present.
Adv. Sarita Donde for defendant No.2 present.
On oral request of advocate for Defendant No.2, adjournment granted as last chance.
Defendant No.2 is directed to file reply on next date without fail. With direction to serve copy of reply to plaintiff before next date.
Matter adjd to 12.02.2020 for reply/argument.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Dsilva for plaintiff present.
Adv. Khandagle for MCGM/Deft. No.1 present.
Adv.Jayshree Randhiye for defendant No.2 is present.
On oral request of advocate for Defendant NO.2 , adjournment granted to file reply as last chance.
It is submitted by defendant NO.2 matter is pending in Hon\''ble Supreme Court on 24.02.2020. Hence it is posted reply.
Matter adjd to 26.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Vincent D\''Silva for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv.Jayshree Randhiye for D-2 is present and filed reply to Nm. t.o.r. copy is served to plaintiff and D-1 MCGM.
Matter adjd to 09.03.2020 for NM hrg.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv.Vishvkarma for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Sarita Donde for defendant No.2 is present.
KB L.O.
Adv.Vincent Dsilva for plaintiff present.
Matter adjd to 16.03.2020 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv.Vincent Dsilva for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Randhiye for defendant No.2 is present.
It is requested for Adv. Randhiye, Corona emergency matter may be adjourned.
Matter adjd to 03.04.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
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 REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Mr. Dinesh Vishwakarma h/f Adv. Vincent Dsilva for plaintiff present.
Adv. Khandagle for deft no.1/MCGM present.
None for deft no.2.
Matter adjd to 26/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv Vincent X Dsilva for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2.
The advocate for plaintiff and defendant no.1 ready to argue on NM, but defendant no.2 and advocate for defendant no.2 absent today. Defendant no.2 is directed to remain present with advocate and argue the matter on next date, otherwise, matter will be proceed in their absence.
Adjd. To 27/08/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Sujeet Mane h/f Adv Dsilva for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant no.1/ MCGM present.
None for defendant no.2.
Adjd. To 27/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar h/f Adv D.K. Vyas for Defendant no.1/MCGM is present.
None for defendant no.2.
Adjd. To 27/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Vincent Dsilva for Plaintiff present.
Adv. Tondwalkar for Defendant No.1/MCGM present.
Adv. Sarita Donde for Defendant No.2 present.
Plaintiff is ready to argue NM but due to paucity of time, matter is adjd. till next date.
Matter is adjd to 24/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Plaintiff present. His advocate is absent.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
None for Defendant No.2.
Matter is adjd to 07/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv Vincent Dsilva for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2.
Adjd. to 09/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM hearing. Neither plaintiff nor his advocate present today to argue on NM. But last chance is granted to the plaintiff to argue on NM. On next date, if plaintiff fails to argue NM, NM will be dismissed for want of prosecution.
Adjd. To 04/04/2022 for NM hearing / NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O.
Adv Vincent Dsilva for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 27/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. D''silva for Plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
None for Defendant No.2.
Adjd. to 24/06/2022/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present.
None for deft. No. 2.
Adjd. to 10/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present.
Adv. Sarita Dhonde for deft. No. 2 is absent.
Adjd. to 16/09/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. H. D''silva h.f. Adv. Vincent D''silva for plaintiff present and and requested for time to argue on NM. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present. Adv. None for D/2.
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.
On previous date matter was adjourned for dismissal of N/M, as none present for plaintiff.
Adjd. to 30/01/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: None for plaintiff.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Adjd. to 05/04/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Plaintiff and advocate absent.
Adv. Mr. Suryavanshi for defendant no. 1/ BMC is present.
Adv. Sarita Donde for defendant no.2 is present.
Adjd. to 05/07/2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: P O Court is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant No.1/BMC present.
None present for def No. 2
The suit is of year 2019 and NM No. 4738/19 is pending for hearing since 26.02.2020 and matter was repeatedly adjourned for hearing of NM. It appears that since last many dates none appeared for plaintiff. Therefore, matter is kept for dismissal of NM. However inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the NM No. 4738/19. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
ORDER
1. NM No. 4738/2019 is dismissed for want of prosecution
Adjd to 17.10.2023 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: None present for plaintiff
Advocate Suryavanshi h/f Mhatre for defendant/BMC present and requested time to file Ws. Granted.
Adjd to 08.11.2023 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1/BMC present.
None present for deft No. 2
Adjd to 18.12.2023 for No WS Order against deft No. 2
Next Purpose: ORDER
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No. 1/BMC present.
None present for deft No. 2
Adjd to 14.02.2024 for No WS order against deft No. 2
Next Purpose: ORDER
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1/BMC present.
None present for deft No. 2.
Deft No. 2 appeared by filing VP below Exh. 5 but not filed WS. Hence suit to proceed without WS by deft No. 2.
Adjd to 06.04.2024 for Draft issues ( Without WS of deft No. 2)
Next Purpose: ORDER
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
Hence matter is adjourned to 04.05.2024
Next Purpose: ORDER
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.
Adjd to 29.06.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: None present for plaintiff
Advocate Waghmare h/f Vyawahare for defendant/BMC present.
The suit as per roznama dated 14.02.2023 no ws order passed against deft No. 2 and matter adjourned to draft issues without passing any order as to the WS of deft No. 1. hence matter removed from caption of Framing of issues and adjourned for writ of summons upon deft No.1/BMC.
Adjd to 13.08.2024 for Service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: None present for plaintiff
Adjd to 07.10.2024 for service of writ of summons upon deft No.1 and 2.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: P.O. is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Honmane for defendant No. 1/BMC present and requested time to file WS.
None present for deft No. 2
Adjd to 17.02.2025 for WS by deft/BMC and writ of summons upon deft No. 1 and 2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to file service of writ of summons against defendant No. 2. Sufficient time is already granted. Hence, the suit stands dismissed against defendant No .2 for want of steps.
Adv. Ms. Sangita Honmane for defendant No.1/MCGM is present and sought time to file Written statement. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without its written statement.
Adjourned for RE (No WS) to 16.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for filing of evidence/RE. to 16.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2025
Date: 16-07-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
keep back
later on at 12.15 pm
None present for the plaintiff. Rest appearance is as above.
Keep back
Later on at 1.30 pm
None present for the plaintiff. Rest appearance is as above.
Order Below Exhibit 1 :
It appears that the suit was fixed for tendering evidence affidavit wherein the plaintiff opt to remain absent. There is no separate application tendered on record seeking adjournment. This conduct of the plaintiff shows that now he has lost his interest in the suit. Therefore there is no reason to postpone instant matter on next date for the same purpose. It is only due to absence of the plaintiff the suit could not proceed ahead and therefore considering the age of the lis, this Court is constrained to pass dismissal order. Ergo the Order.
ORDER
01. Suit is dismissed for want of prosecution vide Order XVII Rule 3 r/w Order IX Rule 8 of the Code of Civil Procedure 1908.
02. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly.
03. 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.
04. The proceeding is closed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 10-09-2025