Shankar Sumanbhai RosiaVsMCGM +1 more

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. 4737/19 is passed -
Order -
Notice of Motion No. 4737/19 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.
Exh-6- Adv. for MCGM tendered list of document. Copy is served to other side.
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 .
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.
Plaintiff is also present.
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: Plaintiff is present. His advocate absent.
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: Plaintiff is present. His advocate absent.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is kept for NM hearing. But plaintiff seeks time to argue NM. Time is granted till next date as a last chance. 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: Plaintiff present, his advocate absent.
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. 4737/19 is pending for hearing since Dec-2019 and matter was  repeatedly adjourned for hearing of NM.  It appears that since last many dates none appeard 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. 4737/19. Hence I have no option to dismiss NM for want of prosecution. Therefore following order is passed.
ORDER
1. NM No. 4737/2019 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 No.1/BMC present.
None present for D-2.
KB
L.O.
Same appearance
Adv for deft/BMC has given endorsement regarding adopting NM reply as WS O-Allowed
NM REply is treated as WS and marked as Exh. 7
Adjd  to  08.11.2023   for WS of deft No. 2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Plaintiff present and his Adv is absent.
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 No.1/BMC present.
None present for D-2.
Exh.8  - Issues
Adjd  to   13.08.2024   for  List of witnesses and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant/BMC present.
Adjd  to  07.10.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: P.O. is on Leave.
Next Purpose: RECORDING EVIDENCE
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.
None for D-2
Adjd  to  17.02.2025    for R.E
Next Purpose: RECORDING EVIDENCE
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 proceed with the matter. Adv. Ms. Sangita Honmane  for defendant No.1/MCGM is present. None present for defendant No. 2.
Adjourned for RE. 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: 06-08-2025

Date: 06-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff in person present. He submitted that he wish to change his advocate.
Adv. Ms. Vidya Vyavahare h/f  Sangita Honmane for defendant/MCGM is present.
In view of aforesaid submissions time granted for filing new VP, NOC / filing evidence.
Adjourned for R/E to 17.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2025

Date: 17-09-2025
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.
No fresh VP filed on behalf of plaintiff. No steps taken to proceed with the suit.
Adjourned for dismissal to 29.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for dismissal  to 18.10.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Mr. Sachin Vajare for defendant/MCGM is present.
Adjourned for dismissal to  20.12.2025
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Plaintiff is present. His Adv is absent.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for dismissal to 05.02.2026
Next Purpose: DISMISSAL
Next Hearing Date: 05-02-2026

Date: 05-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Plaintiff is present and filed new Vakalatnama of Adv. Viraj Singh, marked Exhibit 9. O- Filed.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for R.E. to 12.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2026

Date: 12-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE. to 22.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: Plaintiff present.
Adv. Ms. Luman for plaintiff is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Advocate for plaintiff seeks time to file evidence on affidavit. O- Matter is old one, hence, last chance granted.
Adjourned for filing evidence on affidavit to 02.09.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: P.O is on leave (first session)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2026

NOTICE OF MOTION/104737/2019

Registration Number: 103209/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 113350/2019
Filing Date: 02-12-2019
First Hearing Date: 13th December 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE