Date: 10-01-2020
Business: Adv. Mr. J. S. Kalanke for plaintiff present.
Adv. Mr. Nair for defendant no. 4.
Adv. Ms. Yenapure for defendant no. 5.
Adv. Mrs. Hajare with Adv. Ms. Manisha Deokar for MCGM/Deft. no. 1 to 3 present.
Adjd to 27/02/2020 for Ch/S reply/ N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv.J.S.Kalanke for plaintiff present and tendered pursis. Exh-10
Adv. Manisha Devkar along with Adv.Hajare for defendant
No.1 to 3 present.
Adv.Padmini Ainapure for defendant No.5 is present.
Adv. Babu for defendant No.4 is present.
Heard Adv. Kalanke for the plaintiff. It is submitted as per letter
dtd.20.12.2019 Asst. Eng.(B and F ) T ward the plaintiff /
landlord were directed for structure audit report by conducting
test.
Heard Manisha Devkar a/w adv. Hajare.
In view of this letter issue 4 weeks time is granted. Before the
Aasst. B and F.
Matter adjd to 02.04.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
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 FOR HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Hazare for deft no.1 to 3/MCGM present.
None for deft no.4.
Adv. Ms. Hemali Bane for deft no.5 present.
Earlier order, if any, to continue till next date.
Matter adjd to 02/03/2021 for NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 29/04/2021 for Ch/s Reply/NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant nos.1 to 3/ MCGM present.
Adv Bhat for defendant no.4 present.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for Ch/s reply / NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv Kalanke for plaintiff present and tendered application for taking documents on record. TOR and marked as Exh.12.
Copy is served to other side.
Adv Smita Chavan for defendant nos.1 to 3/ MCGM present and has given say on Ch/s No.2204/19.
Adv Smita Chavan for defendant nos.1 to 3/ MCGM and requested for short adjournment to take instructions from officer of the MCGM.
O- Short adjournment is granted.
Adv Bhat for defendant no.4 present.
None for defendant no.5.
Heard advocate of plaintiff and defendant / MCGM on Ch/s No.2204/2019. Hence, I pass the following order
The advocate for plaintiff submitted that plaintiff Bhikubhai Patel died on 26.07.2019. His LRs filed application to continue with the Suit by amending the plaint. The advocate for defendant / MCGM taken objection and prayed that application be rejected.
ORDER ON Ch/s No.2204/2019
Perused Ch/s, affidavit. Heard both advocates at length.
The subject matter of the Suit is immovable property. Plaintiff has challenged the Notice issued u/s.354, therefore, right to sue survives, therefore, there is a delay of 11 days in applying legal heirs to file Ch/s, but in the interest of justice, delay is condoned. The LRs of deceased plaintiff are permitted to continue with the Suit. Plaintiff is also entitled for the consequential amendment in a suit, therefore, prayer clause (a) of Ch/s No.2204/2019 is allowed. Ch/s No.2204/2019 is stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-09-2021
