Shyam Danbahadur Khadka +2 moreVsMCGM

Date: 09-12-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
KB
Adv. B.P. Shukla for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM.
Heard both sides.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides.Ld. Adv. for plaintiff has pointed out that despite clear order of this court dated 28-11-2014 in suit no. 2287/14, the Defendant./MCGM has sbsequently issued notice to same suit premises u/s 3Z of Maharashtra Slum Areas (Improvement, Clearance and redevelopment) Act, 1971 and passed illegal order  ignoring its undertaking in earlier suit. Ld. Adv. for Defendant./MCGM has tried to show that the suit premises in that suit may be different from the present structure in dispute but he has not shown any document in support of the above argument. In view of the order dated 28-11-2014 the Defendant./MCGM, the letter should have consider above order in its speaking order dated 03-12-2019. therefore, plaintiff in entitled for ad-interim relief. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date.
Adjd to 18-12-2019  for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv.  Yadav for plaintiff present and tendered original registered N/M no. 4754/19 along with affidavit.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
Earlier order, if any, to continue till next date.
Adjd to 03-04-2020   for  N/M 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
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon\''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 09-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Yadav h/f. Adv. B.P. Shukla for plaintiff present.
Adv. Khandagale for deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted to file reply to NM No. 4754/19.
Matter adjd to 24/02/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.4754/19. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 19/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Yadav h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 15/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Redekar h/f. Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 17/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2022

Date: 17-01-2022
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.
Earlier order, if any, to continue till next date.
Adjd. to 28.03.2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv. Mr. Yadav h.f. Adv. B.P Shukla for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 06-07-2022/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Sunita Dubey h/f Adv. Sarita Donde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 25/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
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.
Earlier order, if any, to continue till next date.
Adjd. to 25/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Court is busy in hearing urgent ad-interim matters, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 13/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. Sunita Dube h.f. Adv. B.P. Shukla for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd. to 14/06/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Advocate  Sunita Dubey h/f Adv. B.P. Shukla for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seek time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 28.08.2023  for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Advocate J.S. Yadav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Hence, time is granted.
Earlier order, if any, to continue till next date.
Adjd to 16.10.2023  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Advocate Sunita Dubey for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 18.12.2023   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Advocate Sagar Chaurasia for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 23.02.2024     for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: As Court is busy in hearing Ad-interim, NM hearing, dictating NM order and ad-interim order, Board discharged and matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 03.04.2024    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Matter pertains to C. R. No. 4
Adv. Mr. B.P.Shukla for Plff.present.
Adv.Suryawanshi for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 14/06/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Botalawar for defendant/BMC present and seeks time to file reply to NM. Time is granted
Suit is of year 2019 and since long it is pending for reply of BMC. However in the interest of justice time is granted as a last chance
Earlier order, if any, to continue till next date.
Adjd  to 30.08.2024   for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance.
Earlier order, if any, to continue till next date.
Adjd  to 04.10.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Botlawar   for defendant/BMC present.
Matter is of year 2019 and on previous two occasion last chance has been granted but BMC has not filed reply. Suit is of more then 5 years old. Hence no say order passed against deft/BMC. Hence matter adjourned for NM Hearing
Earlier order, if any, to continue till next date.
Adjd  to   06.11.2024  for NM Hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sunita Dubey for plaintiff present and requested time to argue. Hence matter adjourned as a last chance.
None present for defendant/BMC
Earlier order, if any, to continue till next date.
Adjd  to  09.12.2024    for NM hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Advocate Abhishek Shukla h/f Bipin Shukla for plaintiff present.
Advocate Puri for defendant /BMC present.
Earlier order, if any, to continue till next date.
Adjd to 24/01/2025 for NM hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: CORAM: H.H.J. SHRI R. S. ARADHYE (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Adv.Ms. Sunita Dubey h/f Adv.Mr. B.P. Shukla for plaintiff present.
Adv.Mrs. Puri for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjourned to 10.03.2025 for Notice of Motion hearing and Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present. She sought time to argue NM. The NM is old one. The plaintiff is directed to file written submissions on NM. In default, the NM would be dismissed. Adv. Ms. Sujata Puri for defendant/ MCGM is present. Earlier Order, if any, is continued till the next date.
Adjourned for written submissions on NM (No reply) to 25.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to argue the NM. Time is granted strictly as a last chance.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 16.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: CORAM : H.H.J. SHRI. R. V. BHAKTA (C.R. No. 06)
(Matter Pertains to C. R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for  NM hearing to 22.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J. S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing (Without reply) to 06.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested for adjournment.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing ( without reply ) to 07.11.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. J.S.Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing ( without reply) to 23.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. B.P. Shukla for the plaintiff is present and seeking time to argue NM on medical ground. O- Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing .to 02.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Sunita Dubey for the plaintiff is present and seeks time. O-granted as last chance.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Hearing to 25.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Sunita Dubey for the plaintiff is present and seeks time to argue NM as Sr. Adv is not well.  O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 16.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Abhishekh Shukla a/w Adv. Sunita Dubey h/f Adv. B.P. Shukla for the plaintiff is present and seeks time to argue NM.
O – Time is granted.
Adv. Ms.Sheetal Waghmare h/f Adv. Vyavhare  for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 27.04.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present and seeks time to argue NM. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 13.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Abhishek Shukla h/f Adv. Mr. B.P. Shukla for the plaintiff is present and seeks time to argue NM. Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 14.08.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file reply to NM NO. 4754/2019. O- Granted.
Earlier Order, if any, is continued till the next date.
Adjourned for NM Reply to 24.08.2026
Next Purpose: REPLY
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J. S. Yadav  for the plaintiff is present and seeks time for hearing on NM. O- Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 28.09.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/104754/2019

Registration Number: 103268/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 113580/2019
Filing Date: 06-12-2019
First Hearing Date: 09th December 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE