The Katurba Nagar CHS Ltd.VsMCGM

Date: 16-12-2019
Business: Adv.  Jayshree Randhaye for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.  .
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Adjd to 13-01-2020 for ad-interim hearing .
Next Purpose: HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. Jayshree Randhiye for plaintiff present.
Adv. Ms. Patilh/f Adv.Khandagale for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
Adjd to 07.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Jayshree Randhaiye  for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 06.03.2020 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv.Mrs.Mahadik h/f adv.Sarita Donde for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 27.04.2020 for Ad-interim hrg.
Next Purpose: HEARING
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National lock down - 4
Next Purpose: HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Adjourned Due to Covid-19.
Next Purpose: HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 24/02/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Jayshri Randhiye h/f Adv. Sarita Donde for plaintiff present and requests for time to argue on Ad-interim reliefs. Time is granted till next date.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 22/03/2021 for Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Ms. Randhiye h/f Adv. Sarita Donde for plaintiff present and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Adv. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 12/04/2021 for Hearing on Ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: None for Plaintiff.
Counsel Adv. Mr. D.K. Vyas with Adv. Mrs. Tondwalkar for Defendants/MCGM is present and tendered draft N/m along with affidavit in support. T.O.R.
O – Leave is granted to register the draft N/m till next date.
Matter is adjd. to 14/07/2021 for reply of Plaintiff on N/m and ad-interim hearing.
Next Purpose: REPLY
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: None for plaintiff.
Adv D.K. Vyas with Adv Mrs Tondwalkar for defendant / MCGM present and tendered original registered NM NO.1494/21 along with affidavit in support thereof. TOR.
Copy be served to other side.
Mr. Sunil Salunkhe, Jr. Engineer, M/West Ward, MCGM present.
L.O. at 1.15 p.m.
Adv Viraj Singh for plaintiff present.
Earlier order, if any, to continue till next date.
Adjd. To 26/07/2021 for reply of plaintiff to defendants NM / ad-interim hearing.
L.O. at 1.20 P.M.
Adv Sarita Donde for plaintiff present and received copy of NM NO.1494/21 along with affidavit in support.
Already adjd. To 26/07/2021 for reply of plaintiff to defendants NM / ad-interim hearing.
Next Purpose: REPLY
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Adv. Ms. Jayshree Randhiye h/f. Adv. Mrs. Sarita Donde for Plaintiff is present.
Counsel Adv. Mr. D.K. Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Advocate for Plaintiff requests for time to file reply to N/m No. 1494/2021. Time is granted till next date.
Plaintiff is directed to supply the copy of reply to N/m No. 1494/2021 in advance to the Defendant.
Advocate for Plaintiff has supplied the copies of N/m No. 4746/2019 and affidavit in support of N/m to the Defendant/MCGM.
Considering the urgency from the side of Defendants, last chance given to the Plaintiff to argue the N/m. If on the next date Plaintiff failed to argue N/m, earlier order may not be continued.
Earlier order, if any, to continue till next date.
Matter is adjd. to 02/08/2021  for N/m reply /ad-interim hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present and tendered original registered NM NO.1407/21 along with affidavit in support thereof, TOR. Copy is already served to defendant / MCGM. She also tendered affidavit in reply to NM NO.1494/21. TOR. Copy is already served to defendant / MCGM.
Adv for plaintiff tendered adjournment application stating therein that Adv on record Miss Sarita Donde is seek, suffering from fever and request for adjournment. The said application is TOR marked as Exh.4. O- Other side to say.
Adv Mr Vyas with Adv Tondwalkar for defendant / MCGM present.
K.B. till 2.45. p.m.
L.O. at 3.00 p.m.
Adv Jayashree Randhiye h/f Adv Sarita Donde for plaintiff present.
Adv D.K. Vyas for with Adv Tondwalkar for defendant / MCGM present and has given say on Exh.4 itself. He also tendered reply to NM NO.1407/21. TOR. Copy is served to the advocate plaintiff.
ORDER ON EXH.4
Plaintiff has filed application for adjournment on a ground that advocate of plaintiff is suffering from high fever. The advocate of the defendant strongly opposed for giving adjournment. Considering the grounds raised by the plaintiff, application is  lastly allowed.
Earlier order, if any, to continue till next date.
Adjd. To 13/08/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and states that MCGM Council MR. Vyas is coming. Hence, kept back.
K.B.
L.O. at 5.15 p.m.
Adv D.K. Vyas for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 23/08/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: CORAM - H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Miss Shivangi Rajak h/f Adv Miss Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/09/2021 for filing rejoinder in NM / ad-interim hearing / NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.10 p.m.
Adv.Mr Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 06/09/2021 for for filing rejoinder in NM / ad-interim hearing / NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None for plaintiff.
Adv. Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.15 p.m.
None for plaintiff.
Adv Vyas for defendant / MCGM present.
Defendant / MCGM has shown urgency in the matter but plaintiff not shown interest in hearing NM, therefore, on the next date plaintiff should argue NM, otherwise, advocate for the defendant / MCGM will be heard on next date. Plaintiff to take note.
Earlier order, if any, to continue till next date.
Adjd. To 15/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Mr Vinod Devriya, resident of plaintiff\''s society present.
Adv Mr Vyas with Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant/ MCGM present.
K.B.
L.O. at 4.15 p.m.
Mr Vinod Devriya resident of plaintiff society present.
Adv Mr Vyas with Mrs Mhatre h/f Adv Mrs Tondwalkar for defendant/ MCGM present.
AT 4.45 P.M.
Plaintiff is present.
Adv for the defendant / MCGM filed compilation of documents. TOR and marked as Exh.5.
Heard Adv Vyas for defendant / MCGM on NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019.
Earlier order, if any, to continue till next date.
Adjd. To 20/09/2021 for NM hearing by advocate of plaintiff / order on  NM NO.1407/2021 and NM NO.1494/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
Adv Mr Vyas with Mrs Tondwalkar for defendant/ MCGM present.
The advocate for the plaintiff seeks time on a ground that the advocate who is arguing the matter is not present today, therefore prayed for short adjournment. The Roznama dated 06.09.2021 clearly shows that last chance was given to the plaintiff to argue the NM, on that date also, none was present for plaintiff. On the last date, advocate for defendant / MCGM argued matter on NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019. On that day also plaintiff and his advocate were absent. The interim protection is given to the plaintiff, therefore, plaintiff is not interested to proceed with the matter. Sufficient chances and opportunities given to the plaintiff to argue NM. Therefore, oral request of adjournment by the plaintiff is rejected. Matter be kept for order on NM.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for NM order NM NO.1407/2021, NM NO.1494/2021 and NM NO.4746/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Mr. Suresh Dhandare and Mr. Vinod Devariya, residents of Plaintiffs society are present and state that their advocate is at her native place. Hence, seek short adjournment.
Matter already fixed for order on NM, then also plff is directed to argue on Nm on next date, otherwise further order will be passed in NM.
Adv. D. K. Vyas for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/10/2021 for NM hearing(P.H.)/order.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: CORAM  H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
(Matter pertains to C.R. No.08)
Adv Sarita Donde for plaintiff present.
Adv. D.K. Vyas with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM hearing(P.H.)/order.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
Adv Mrs. Tondwalkar h/f Adv Vyas for Defendant/MCGM is present.
K.B.
L.O. at 3.45 p.m.
Adv Jayashree Randhye h/f Adv Sarita Donde for plaintiff present.
Adv Vyas for Defendant/MCGM is present.
Adv Devendra Ughade , Sub Engineer, M/West Ward MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 12/10/2021 at 12.30 p.m. for  NM hearing(P.H.) /order.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv Sarita Donde for plaintiff present.
Adv Vyas for Defendant/MCGM is present and tendered copy of Exh.5 to the advocate for the plaintiff.
Mr Devendra Ughade, Sub Engineer, M/W Ward, MCGM present.
Heard both Ld Advocates on Plaintiff\''s NM Nos. 4746/2019, 1407/2021 and Defendant\''s NM NO.1494/2021.
Earlier order, if any, to continue till next date.
Adjd. To 14/10/2021 for order on  NM Nos. 4746/2019, 1407/2021, 1494/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. Sarita Donde for Plaintiff present.
Adv. D.K. Vyas for Defendant/MCGM is present.
Mr. Devendra M. Ughade, S.E. (B and F), M/W ward, MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/10/2021 for order on NM Nos. 4746/2019, 1407/2021, 1494/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Sarita Donde for plaintiff present.
Adv D.K. Vyas with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
ORDER ON N/M NO. 4746/2019 AND N/M NO.1407/2021
        Plaintiff has taken out both this Notice of Motion for restraining the defendant / corporation for implementing or enforcing the notices dated 22.11.2019 and 11.06.2021 respectively. By way of Notice of Motion No.4746/2019 plaintiff prayed that defendant be restrained from taking forceable possession of suit premises. By way of Notice of Notion No.1407/2021 plaintiff prayed that defendant / corporation be restrained from demolishing / pull down the suit premises.
       The plaintiff contended that before issuing notice by Designated Officer \''M\'' (west) ward had not considered the reply filed by the plaintiff. The plaintiff further contended that they are in lawful, legal and settled possession of the suit premises. The plaintiff could not be removed without following due process of law. The defendant corporation appointed a structural auditor of its own. The said structural auditor categorized suit building in C2-A category. The suit building is in good condition repairable therefore, plaintiff structure should be required to be protected by way of order of injunction. Some vested person in joining hands with defendant / corporation desires to remove the plaintiff from the suit premises. The defendant / corporation could not dispossess plaintiff from the suit premises. The audit report submitted by structural auditor by the defendant / corporation is not believable. The defendant corporation falsely submitted that most of the occupant of the plaintiff society have already vacated their premises. Therefore plaintiff prayed that defendant be restrained from demolishing the suit property and dispossessing plaintiff from the suit premises.
            The advocate for the defendant submitted that the portion of the suit building was collapsed on 25.10.2019. Therefore suit building was again inspected. In that inspection it is found that the condition of the suit building is deteriorated needs to be vacated immediately. In the year 2020 M/s. Femstruct Consulting Engineers LLP appointed as a structural auditor. The said structural auditor conducted structural audit of the suit building and submitted the report on 04.05.2021. As per the said report, the suit building has been categorized as C1. The above audit report issued to the plaintiff and opportunity was given to them to file their  reply to the report but plaintiff fails to filed reply, so also plaintiff has not appointed any structural auditor to carry out the structural audit of the suit building. The condition of the suit building is very dangerous to live, it is dilapidated in condition hence needs to be demolish immediately. Therefore defendant prayed that both Notice of Motion be rejected.
           Perused both Notice of Motion, affidavit in support thereof, reply filed by the defendant. I also gone through the documents filed on record by both the parties. On perusal of the record it reveals that the defendant / corporation issued notice of the plaintiff u/s 353-B on 19.12.2018. The documents also shows that corporation wrote several letters to the Plaintiff and directed them to submit structural stability certificate. The record also shows that plaintiff had not carried out any structural audit of the suit property. The defendant / corporation appointed Mr. Shashank Mehendale qualified structural engineer to carry out structural audit of the suit building. He categorized the suit building in C2-A category. In October 2019 one person got injured due to collapse of slab of the first floor of the suit building therefore, the inspection of the suit building was again carried out. At that time M/s. Femstruct Consulting Engineer LLP appointed as a structural auditor, he categorized the suit building in C1 category.
            The advocate for the plaintiff submitted that the defendant / corporation issued notice of the Plaintiff u/s 353-B in the year 2017 but nothing happened within these 3 years. The Collector alloted suit property to the plaintiff, being migrated persons from the Pakistan. The members have their own constructed suit building therefore, defendant / corporation have no relevance in suit building. The structural audit report submitted by the defendant are created only with a view to dispossess the plaintiff from the suit property. The suit building is repairable and in good condition. The plaintiff is talking with builders and developers to redevelop the suit property. Therefore defendant be restrained from taking action in pursuance of notice dated 22.11.2019 and 11.06.2021.
       The advocate for the defendant submitted that suit building is in dilapidated condition, dangerous to live and categorized as C1 by the independent structural auditor. Most of the occupants of the plaintiff society have already vacated their premises. The advocate for the defendant filed on record the photographs and pointed out the factual condition of the suit building. The advocate for the defendant further submitted that plaintiff fails to appoint structural engineer to carry out the structural audit of the suit building. The only one structural audit report is on record which shows that suit building falls under C1 category.
          Having heard both the sides and on perusal of entire record it reveals that since 2017 corporation repeatedly directed the plaintiff to carry out structural audit of the suit building. In the year 2018 corporation has appointed Mr. Shashank Mehendale as a structural engineer. He carried out structural audit of the suit building. In the year 2019 the part of the slab was collapse and one person got injured. Therefore the officers of the corporation carried out inspection of the suit building. During inspection they found suit building is dangerous to live, dilapidated in condition. Therefore, corporation again appointed  M/s. Femstruct Consulting Engineer LLP as an independent structural engineer. He  carried out the structural audit of the suit building and categorized as C1.
           Defendant has filed on record Proforma \''B\'' of structural audit carried out by M/s.  Femstruct Consulting Engineer LLP. I have gone through the said report therein it is observed  that a medium grown tree has been growing from RCC column of \''C\'' wing due to likages from plumbing. Therein it is also observed that sudden action of falling entire plaster and cover concrete of slab has been noticed which could have been proven dangerous to human life. The structural auditor concluded that the suit building needs to be evacuated / demolished immediately. It is unsafe / dangerous / inhabitable structure needs to be vacated. The structural engineer categorized the suit building in C1 category.
         On going through the entire documents on record especially both structural audit reports, then it reveals that the suit buildings is dangerous to live, in dilapidated condition. Considering all above discussion I am of the view that the plaintiff failed to prove prima facie case in its favour. The balance of convenience also not lies in favour of the plaintiff. I also don\''t think that if injunction is refused plaintiff will suffer irreparable loss. Therefore in my opinion plaintiff is not entitled for the relief prayed. Considering this passed the following order :
O R D E R
1. Prayer clause (a) in Notice of Motion No.4746/2019 is rejected.
2. Prayer clauses (a) and (b) in Notice of Motion No.1407/2021 are rejected.
3. Accordingly Notice of Motion No.4746/2019 and Notice of Motion No.1407/2021 stands disposed off.
Authenticated copy of Roznama be given to both the parties.
Adjd. to /2021 for W.S.
L.O.
Adv for plaintiff tendered application for stay of operation of above order in NM. Said application is TOR and marked as Exh.6.
O- Other side to say.
Adv for defendant has given say on Exh.6 itself.
Heard both sides on Exh.6
ORDER ON EXH.6
           Adv for the plaintiff filed application vide Exh.6 by contending that plaintiff wants to challenge said order before Hon\''ble High Court, hence prayed that execution of this order be stayed for four weeks.
           Adv for the defendant / MCGM strongly opposed the application by contending that suit building is in dilapidated condition, most of the occupants have already vacated the suit premises.
           Heard both advocate at length.
     On perusal of record it shows that previously protection was given to the plaintiff and it is continued till today, therefore, two weeks time is granted to the plaintiff, to challenge this order till then the execution and operation of this order be stayed. Accordingly application filed vide Exh.6 is partly allowed.
Authenticated copy of Roznama be given to both the parties.
F.R.S.R. following order is passed on N/M NO.1494/2021
O R D E R
1. Prayer clause (a) stand rejected.
2. Notice of Motion No.1494/2021 stands disposed off.
Adjd. To 22/11/2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file written statement.
Time is granted till next date.
Adjd. To 28/01/2022 for filing w/s.
L.O. at 4.15 p.m.
Received Writ from Honble High Court bearing O/W No. A.O. Civ No.C0800869/2021 dated 18/11/2021 containing order dated 15.11.2021
Already adjd. To 28/01/2022 for filing w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2022

Date: 28-01-2022
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.
Adjd. to 09/03/2022 for filing w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file written statement. Time is granted till next date.
Adjd. To 20/04/2022 for filing w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file w/s. Time is granted till next date.
Adjd. To 08/07/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None for plaintiff.
Counsel Adv. Vyas with Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file W/S. Time is granted till next date as a last chance.
Adjd. to 19/08/2022 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file W/S therefore, one more last chance is granted.
Counsel Adv. Vyas is absent.
Adjd. to 30/09/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file W/S. Time is granted till next date.
Rest of the same appearance.
Adjd. to 14/10/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: None for plaintiff.
Counsel Adv. Vyas with Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered W/S, TOR and marked as Exh.6. Copy of plaintiff is kept in R and P.
Adjd. to 17/12/2022 for draft issues.
L.O. at 04.35 p.m.
Counsel Adv. Vyas present and tendered list of documents, TOR and marked as Exh.7. Copy be supplied to other side.
Already adjd. to 17/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre h.f. Adv. Suryawanshi for defendant/ BMC is present.
Draft issues not tendered by both parties. Hence, matter adjourned for framing issues.
Adjd. to 15/04/2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre h.f. Adv. Suryavanshi for defendant / BMC is present.
Adjd. to 15.07.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant /BMC present.
Adjd to  16.09.2023  for Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None present for plaintiff.
Adv. Mitesh Visaria h/f Counsel Adv. Vyas a/w Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Exh.        Issues framed
Adjd  to 06.11.2023   for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
Today is first date for recording evidence but none present for plaintiff. Hence matter adjourned.
Adjd  to 12.01.2024     for  Plaintiff evidence/ R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: None present for plaintiff.
Counsel Adv. Dharmesh Vyas a/w Advocate  Suryavanshi for defendant/BMC present.
Today is the second date of evidence of plaintiff but none present for plaintiff. Hence matter adjourned for plaintiff evidence.
Adjd  to 16.02.2024 for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: None present for plaintiff.
Adv. Nitesh Visariya h/f Counsel Adv. Dharmesh Vyas a/w Advocate Suryavanshi  for defendant/BMC present.
Today is third date for evidence of plaintiff.  However none present for plaintiff. Hence matter adjourned as a last chance.
Adjd  to 03.04.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Note : P.O. is nominated of Judicial officers for 5 days Special Course on “ Criminal Justice and Digital Forensic” at NFSU Delhi Campus (03.04.2024 to 05.04.2024). Hence matter is adjourned.
Adjd  to   29/04/2024 for Plaintiff’s evidence(R/E).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Court is on first session leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None present for plaintiff
Advocate  Botlawar    for defendant/BMC present.
Adjd  to  05.08.2024   for evidence of plaintiff/RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: None present for plaintiff’s
Advocate Honmane       for defendant/BMC present.
The suit is of yhear2019 and issues are framed on 16.09.2023 but neither plaintiff remains present nor lead evidence. Today also none present for plaintiff, hence matter adjourned and kept for dismissal of suit.
Adjd  to 05.10.2024   for dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM - H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthwar   for defendant/BMC present M East ward
Order below Exh. 1
  When called repeatedly till 5.15 p.m. neither plaintiff nor his Adv present.  The suit is of year 2019 and issues are framed on 16.09.2023 and thereafter matter repeatedly adjourned for plaintiffs evidence. However roznama shows that neither plaintiff nor his Adv remains present. Hence on 04.09.2024 matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 05-10-2024

NOTICE OF MOTION/101407/2021
NOTICE OF MOTION/101494/2021

Registration Number: 103342/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 113386/2019
Filing Date: 03-12-2019
First Hearing Date: 16th December 2019
Decision Date: 05th October 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE