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. 4740/19 is passed -
Order -
Notice of Motion No. 4740/19 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: 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: 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 present and filed application to provide free of cost advocate from the State Legal Aid panel TOR and it is marked as Exh-6.
O- Application be sent to DLSA, Mumbai.
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 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: P O Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Plaintiff present and his advocate is absent and seeks time to argue NM. Granted.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd to 11.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: None present for plaintiff .
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Matter is today posted for NM hearing but none present for plaintiff. Hence matter kept for dismissal of NM.
Adjd to 21.10.2023 for dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: None for plaintiff
Adv. Mhatre h/f. suryavanshi for defendant No.1/BMC present.
None for D/2
N/M is of 2019 and kept today for dismissal.
Today, none for plaintiff. However, it appears that by order dated 13/12/2019 on ad-interim relief N/M No.4739/2019 is partly allowed and thereafter matter is kept for reply. Thereafter the matter was adjourned for hrg. on N/M after filing reply by D/2 and adjourned on request of adv. for plaintiff Mr. Vincent D’silva for hearing on N/M. However, the plaintiff and his adv. is not present hence matter is kept for dismissal of N/M. However, today none for plaintiff, hence N/M. No.4740/2019 is dismissed for want of prosecution.
Adjd. to 10/1/2024 No Written Statement order.
Next Purpose: ORDER
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1/BMC present.
None present deft No. 2
The suit is of year 2019. Adv for defendant submitted that writ of summons is not served upon BMC. The plaintiff is not produced on record service affidavit. Adv for deft waived the service of writ of summons and requested to keep the matter for WS. Hence matter adjourned for WS and writ of summons service upon deft No. 2.
Adjd to 06.03.2024 for WS and writ of summons service upon deft No. 2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: None present for plaintiff.
Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant No.1/BMC present and seek time to file WS. Hence matter adjourned.
Adjd to 10.06.2024 for WS of deft/BMC and service of writ of summons of deft no. 2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: None present for plaintiff.
Advocate Vyavhare for defendant No. 1/BMC present and requested time to file WS. Matter is of 2019, hence time granted till next date.
None for D-2.
None present for plaintiff and no steps take for service of writ of summons upon D-2, hence adjourned for necessary order.
Adjd to 16.08.2024 for WS by deft No. 1 and necessary order for deft -2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: P.O. is on Leave.
Next Purpose: WRITTEN STATEMENT
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. 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 12.25 pm
None present for the plaintiff. Rest appearance is as above.
Keep back
Later on at 1.40 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 she has lost her 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