Date: 21-02-2020
Business: Adv. Ms. Indira Labde for plaintiff present.
Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
Matter is already adjd to 25/02/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Ms. Indira Labde for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present .
Matter is adjd to 23/06/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Adv Indira Labde for Plaintiff present.
Adv Nandanvar for MCGM/defendant present.
Exh.1 - plaint
Exh.2-V/N of plaintiff
Exh.3- memorandum of address
Exh.4- list of documents
Exh.5- reply treated as W/S.
Exh.6- Issues framed. Adv of plaintiff shown readiness to submit evidence of plaintiff on next date.
Matter adjourned for R/E to 24/11/2020 at 11 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv Indira Labde for plaintiff present.
Adv Smt.Rawade for MCGM/defendant present.
Adv of plaintiff submitted affidavit of chief-examination of Witness namely Mohammad Salman. Marked as Exh.7. Copy served on Adv of defendant.
Matter adjourned for filing documents admission and denial to 17.12.2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv Indira Labde present for plaintiff.
None present for defendant.
Adv of plaintiff submitted documents alongwith list at Exh.8.
Matter adjourned for admission denial and cross to 12.01.2021.
LO at 11.45 am.
Adv Rawade for MCGM/defendant present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv Indira Labde present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of defendant submitted reply on list of documents.
Some of the documents are admitted and some are denied.
Hence said documents below Exh.8 are exhibited are subject to objection.
Exh.9- Originals of rent receipt, Electricity bills, Telephone Bills, Shops and Establishment Certificate issues by MCGM, Stall Board License issues by MCGM, Assessment record and inspection report, photograph.
Exh.10- Original N.O.C. dt.12.6.1990.
(Exh.11- Copy of the Minutes of Meeting dt.2.10.2002 and Receipt issued by Bharat Bhuvan Tenants Association.)
Exh.12- Certified copy of Decree dt.10.2.2006 in RAD Suit No.1222 of 2003.
Exh.13- Certified copy of Decree in BCCC Suit No.2944 of 2003.
Exh.14- Original of Notice u/s. 351 of MMC Act dt.15.10.2019.
Exh.15- Copy of the Plaintiff\''s Advocate\''s reply dt.7.11.2019 to the above notice, without annexures.
Exh.16- Original of the Order dt.5.12.2019 issued by the Defendants.
At the time of giving reply and at the time of Exhibiting documents when checked it is noticed that below Exh.8 document at Serial No.3(Copy of the Minutes of Meeting dt.2.10.2002 and Receipt issued by Bharat Bhuvan Tenants Association.) is mentioned but actually it is not given with this list. When called subsequently plaintiff and his advocate absent for compliance.
Matter adjourned for compliance and cross examination to 09.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv Indira Labde present for plaintiff.
Adv Nandanwar (hf) present for MCGM/defendant.
PW present. BMC advocate Rawade absent for cross when called.
Matter adjourned for cross examination to 09.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: In view of covid-19, matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Labde present for plaintiff.
Adv. sutar present for MCGM/defendant sought adjournment for cross examination of plaintiff\''s witness.
Plaintiff\''s witness is present.
Matter adjourned for cross examination to. 24/08/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. absent for plaintiff.
Adv. absent for MCGM/defendant.
Plaintiff in person present.
as adv. for MCGM is absent, Matter adjourned for Cross examination to. 23/09/21 .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Labde present for plaintiff.
Adv. Bibhishan Sutar present for MCGM/defendant and sought adjournment.
PW no. 01 is present
Matter adjourned for Cross Examination to. 21/10/21
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: adv. absent for plaintiff.
Adv. Vidya Vyavahare present for MCGM/defendant and sought adjournment.
plaintiff present.
Matter adjourned for RE to. 18/12/21
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Labde present for plaintiff.
Adv. Sutar present for MCGM/defendant and sought adjournment.
PW present.
Matter adjourned for RE to. 15/02/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None present for plaintiff.
Adv. Vidya Vyavahare present for MCGM/defendant and sought adjournment.
Plaintiff in person present.
Matter adjourned for cross examination to 05/04/22.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv Indira Labde for plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
On oral request made by advocate for plaintiff, short adjournment is granted.
Matter is adjd for RE on 16-06-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: As presiding officer is leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv. Labde for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Matter is adjd for RE on 18-08-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Court is busy in High Court Time Bound Matters i.e. Suit No. 216/2012 and Suit. No. 285/2020 hence want of time board is discharged.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Plaintiff is present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
PW.1 present.
Cross-Examination by Adv. Mr. Bibhishan Sutar for MCGM/ defendant of PW.1 is commenced and completed.
Matter is adjd for evidence on 06-10-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
K.B.L.O.
Adv Labde for Plaintiff present and filed evidence closer pursis. TOR. Exh.17
Matter is adjd for defts evidence on 10-11-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv Harsh Pathak h/f Adv Labde for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
On oral request made by advocate for deft short adjournment is granted.
Matter is adjd for RE(PH) on 06-12-2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Matter pertains to Court Room No. 05
Adv Labde for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present and tendered affidavit of evidence of Mr. Nilesh Temburne. TOR. Exh.18. He also tendered List of Documents. TOR. Exh.19
Matter is adjd for RE (PH) on 12-01-2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Plaintiff is present.
Adv Harsh Pathak h/f Adv Labde for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant No. 1 and 2 present and served copy of evidence affidavit and list of document to the Plaintiff.
Matter is adjd for say on admission and denial on 19-01-2023
Next Purpose: FILING SAY
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FILING SAY
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As court is on leave. Hence matter adjourned.
Next Purpose: FILING SAY
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Adv. Pathak h/f Adv. Indira Labde for Plaintiff present and filed say on below Exh. 18.
Adv. Mrs. Ravde for MCGM present.
Matter is adjd to 15.06.2023 for hearing on admissibility of documents/evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: Adv. Harsh Pathak h/f Adv. Indira Labde for Plaintiff present.
Adv. Ms. Ravde for MCGM present.
Mr. Nilesh Vinod Temburne, Junior Engineer, Building and Factory, C Ward present.
KB.
L.o. at 1.45 p.m. Adv. Indira Labde for plaintiff present.
Considering the submission of both sides following documents below list Exh. 19 are exhibited as under -
Exh. 20 - Inspection report dtd. 08.10.2019 along with photographs (In view of objection taken by the Ld. Adv. for the plaintiff, it is exhibited subject to objection.)
Exh. 21 - Office copy of notice U/s 351 of MMC Act dtd. 15.10.2019.
Exh. 22 - Original speaking order dtd. 05.12.2009.
Matter is adjd. to 06.07.2023 for cross examination of DW No. 1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Adv. Indira Labde for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Cross examination of DW no. 1 is commenced and completed.
Ld. Adv. For defendant/MCGM has filed evidence closure pursis. TOR and marked at Exh.23. O- Seen.
Matter is adjd to 27.07.2023 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. Pathak h/f Adv. Indira Labde for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 03.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Indira Labde for plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned as last chance.
Matter is adjd to 08.08.2023 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Adv. Indira Labde for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Heard arguments of both sides.
Matter is adjd to 10.08.2023 for citations.
Next Purpose: CIATATION
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Dimple Jain h/f Adv. Indira Labde for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Ld. Adv. for plaintiff tendered citation. TOR. Copy served to other side.
Matter is adjd to 29.08.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Adv. Indira Labde for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Exh. 24 - Judgement.
FRSR the following order is passed -
Order
1. Suit is decreed with costs.
2. It is hereby declared that the notice dt.15/10/2019 issued under Section 351 of the MMC Act 1888 and the speaking order dt.5/12/2019 in respect of the suit premises are bad in law and therefore, liable to be set aside.
3. The defendants are hereby permanently restrained from taking any action of demolition pursuant to the notice dt.15/10/2019 issued under Section 351 of the MMC Act and the speaking order dt.5/12/2019 in respect of the suit premises.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 29-08-2023
