Date: 10-12-2019
Business: Adv. Mr. Pratap Singh for Plaintiff, tendered register NM no. 4735/19 and Ch/s no.2235/19.
Adv. Mrs. Mhatre for deft./MCGM present.
Exh.2- Reply cum written statement filed by deft./MCGM.
Exh.3- List of documents filed by deft./MCGM, copy supplied to plff.
Heard arguments of both side on Ch/s no.2235/19.
F.R.S.R. following order is passed on Ch/s no.2235/19.
ORDER
1. Chamber Summons no. 2235/19 is allowed.
2. Plff to carryout amendment in two days.
3. Plff to ready for argument along-with rejoinder positively on 17.12.2019. In default to argue on 17.12.2019, EOC will stand vacated without reference to the court.
4. Ch/s no.2235/19 is disposed of accordingly.
Authenticated copy be given by both side.
Matter is adjd.for NM reply on 17.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Pratap Singh for Plaintiff, submit that as plaintiff is disputing with photographs by MCGM vide Exh.3 page no.10, prayed for adjournment to file dated photograph, returnable on 18.12.2019.
Plff to positively argue on 18.12.2019.
Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for Argument to 18.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Pratap Singh for plaintiff, filed rejoinder Exh.4, copy served to defendant.
Adv. Tondvalkar for MCGM.
Partly heard adv. Pratap Singh.
Earlier order to continue till next date.
Some photographs produced by plaintiff Exh.5.
Matter is adjd. for further hearing to 19.12.2019.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Pratap Singh for plaintiff present.
Adv. Mhatre for deft./MCGM present.
In view of dispute about existing floors, between plaintiff and defendant, both side has produced photographs. Officer of MCGM Mr. Sonawane is present, he admits that he has not visited the suit property from the inside. It is contention of plaintiff that existing structure is ground, mezzanine and first floor.
Considering aforesaid controversy, appointment of Court Commissioner is necessary. It is consented by advocate P.F.Singh for Plaintiff.
Adv. Ranjita Shivalkar (present in court hall and consented) is appointed as Court commissioner to visit the site, prepare rough sketch map, admeasure entire structure (L x W x H), in presence of both side, it is advisable to obtain around 10 photographs. Plff to incur expenses. Plff to pay commission fees of Rs.2,500/-, directly to advocate Shivalkar.
Advocate Ranjita to decide the date of visit in consultation of both side and submit report on next date.
Earlier order to continue till next date.
Matter is adjd. for hearing on n/m to 07.01.2020.
Authenticated copy be given.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mr. Pratap Singh for Plaintiff, prayed for adjd to file reply on commissioner report.
Adv. Mrs. Mhatre for deft./MCGM present.
Adv. Ms. Ranjeeta Shirodkar for Court Commissioner present, submitted report along-with 16 photographs.
Exh.6- Court commissioner report (Colly.), with map and photographs.
Earlier order, if any, to continue till next date.
Matter is adjd.for reply on 13.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Mr. Pratap Singh for Plff.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Exh.7- Objection to commissioner report submitted by plff.
Heard arguments of adv. Mr. Pratap Singh from 5.15 to 6.00 p.m.
Court time is over.
Earlier order, if any, to continue till next date.
Matter is adjd.for arguments of MCGM on 15.01.2020
at 12.15 p.m.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Mr. Pratap Singh for Plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Exh.8- List of documents filed by adv.Singh for plff.
Court time is over, not possible to reach.
Earlier order, if any, to continue till next date.
Matter is adjd.for NM argument on 22.01.2020
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Court is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Mr. Pratap Singh for Plff., prayed for adjd.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.for NM hearing on 07.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. Mr. Pratap Singh for plff.,
Adv. Mrs. Tondawalkar for deft./MCGM present.
Heard reply argument of adv. Mr. Pratap Singh, raised objection in respect of Nomenclature, 1st floor given by court commission in her report Exh.6.
Posted for order on NM.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM order on 10.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
F.R.S.R. following order is passed on NM no. 4735/19.
ORDER
1. Notice of Motion no. 4735/19 stands dismissed.
2. Notice of Motion no. 4735/19 is disposed of accordingly.
Plff to register the suit positively within two week, in default court may proceed for dismissal on next date.
Nature Of Disposal: DISMISSED
Disposal Date: 10-02-2020