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Date: 10-12-2019
Business: (N.O.B. T.O.B.) (By precipe)
Adv. Giriraj for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM. Copies served to other side.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adjd to 13-12-2019 for ad-interim hearing .
Next Purpose: HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
KB LO
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides. Ld. adv. for plaintiff has argued that the plaintiff\\\''s father was declared eligible for P.A.P. /compensation vide annexture II dated 26-09-2019 but the officers of Defendant/MCGM are threatening to demolish the suit premises without providing such relief and therefore, plaintiff is entitled for ad-interim relief in terms of prayer clause (a) of the N/M. However, the Defendant/MCGM will have to act in accordance with its policy and public project shall not be stalled for the above issue. Therefore, ad-interim relief is rejected. However, the Defendant/MCGM shall decide the issues about plaintiffs entitlement after his father\\\''s death and P.A.P./ compensation expeditiously.
Authenticated copies be given to the both parties.
Adjd to 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: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Today matter is listed for compliance / dismissal of NM but none present for plaintiff. The suit is of year 2019 and plaintiff has not registered NM inspite of repeated direction. Therefore draft NM is dismissed for want of compliance.
Draft Notice of Motion be registered for statistical purpose.
Adjd to 22.10.2024 for None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Today matter is listed for compliance / dismissal of NM but none present for plaintiff. The suit is of year 2019 and plaintiff has not registered NM inspite of repeated direction. Therefore draft NM is dismissed for want of compliance.
Draft Notice of Motion be registered for statistical purpose.
Adjd to 22.10.2024 for service of writ of summons.
service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Bharti for defendant/BMC present.
The suit is of year 2019 but writ of summons is not served. Hence matter adjourned and kept for dismissal of suit for want of prosecution
Adjd to 04.01.2025 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
None present for plaintiff to proceed with the suit. The matter is kept back.
Later on at 11.45 a.m.
None present for plaintiff.
Order below exhibit No. 01:
Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date, he 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. 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 and 4 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 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 IN DEFAULT
Disposal Date: 04-01-2025Filing Number: 113406/2019 Filing Date: 03-12-2019 First Hearing Date: 10th December 2019 Decision Date: 04th January 2025 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: Dt:04.01.2025 Sr. No. 2 SU 3232/19 CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 ) None present for plaintiff to proceed with the suit. The matter is kept back. Later on at 11.45 a.m. None present for plaintiff. Order below exhibit No. 01: Even today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019, till date, he couldn't ensure due service of the…
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