M/s. Paras C and F Agencies Pvt Ltd +1 moreVsABEL Estates Pvt Ltd +1 more

Date: 13-12-2018
Business: Advocate Mr. Somnath Sahoo for Plaintiff present.
Advocate Mr. Yadav for Defendant no.1 present and filed reply to Notice of Motion no.4132/18, t.o.r.
Advocate for BMC/Deft present.
Defendant no.2 has not filed reply.  NM to proceed for argument.
Heard arguments. Learned advocate for Plaintiff submitted that, Defendant no.1 is creating football academy and football ground on terrace of suit property.  Learned advocate for Plaintiff further argued that Defendant no.1 has excavated the ground near building and Defendant no.1 is also constructing staircase outside the building. According to learned advocate for Plaintiff as per letter at page no.56, previous owner of building has given entire rights to Plaintiff in the terrace of suit property. Lastly, it is argued that, work of Defendant no.1 will endanger the life of the persons occupying building hence according to Plaintiff\''s advocate NM is necessary to be made absolute.
Learned advocate for Defendant no.1 argued that BMC has given notice u/s 353 B of BMC Act to Defendant no.1 and for compliance of said notice Defendant no.1 has appointed Structural Engineer and as advised by Structural Engineer, Defendant no.1 is making repairing of the building and Defendant no.1 is neither constructing new staircase nor creating football academy on the terrace.  According to advocate for Defendant no.1 Plaintiff no.2 is tenant, hence he can not claim any right in the terrace.  It is also submitted that, Plaintiff no.1 has installed his water tank on the terrace and open terrace being the common amenity for all occupants of the building, Plaintiffs can not claim their right over terrace.  It is argued that from contentions raised in the plaint, Plaintiffs are claiming under the garb of injunction declaration about their rights in the terrace. According to Defendant\''s advocate considering contentions raised in the plaint, mere suit for injunction without relief of injunction is not maintainable. Learned advocate for Defendant no.1 also pointed out that photographs filed by Plaintiffs show that some iron angles are lying in the premises of the building but those iron angles are brought to that place for support and repairing purpose as advised by Structural Engineer, hence advocate for Defendant no.1 argued that NM is necessary to be dismissed.
Case is adjourned to 14/12/2018 for Order on Notice of Motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-12-2018

Date: 14-12-2018
Business: Advocate Mr. Somnath Sahoo for Plaintiff.
Advocate Mr. Yadav for Defendant no.1.
Advocate for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
Notice of Motion No.4132/2018 stands disposed off/dismissed.
Case is adjourned to 20/02/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: Plaintiff and defendant absent.
Defendant\''s advocate sought time.
Adjd for written statement to 02/05/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: As Court is busy in hearing arguments in Suit no. 6974/97 in entire first session, hence the case is adjourned to 22.07.2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: As Court is busy in hearing arguments in suit no. 5947/07 and in dictating order in suit no. 2297/19 and other matters on board. The case is adjourned.
The case is adjourned to 28.11.2019  for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: None for plaintiff  and Deft/MCGM.
Matter is adjd. for W.S. on 06.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Mr. Shahu for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file W.S.
Exh.2- Application submitted by plff., for correction in typographical error in order dtd. 14.12.2018, copy supplied to deft.
Matter is adjd. for Reply of Exh.2 on 05.03.2020.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: adjd.to
Next Purpose: REPLY
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Mhatre for deft./MCGM , prayed for time to file WS and reply on Exh. 2.
Matter is adjd.to22-02-2021for  WS and Reply on Exh.2
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for reply to 19.04.21.
                                                                               Judge
Next Purpose: REPLY
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: REPLY
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Court is Vacant. Matter adj. to next date
Next Purpose: REPLY
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 18.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd.  To 27.11.2021
Next Purpose: REPLY
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: REPLY
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: In view of office order no. 07/2022 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.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for reply to 04.02.2022.
Next Purpose: REPLY
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply to 04.03-2022.
Next Purpose: REPLY
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for reply to 08.07.2022.
Next Purpose: REPLY
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for plaintiff.
None present for defendant No. 1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present and orally requested for time to file NM reply. Granted strictly as last chance.
Adjourned for NM reply and WS to 14.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: None present for the plaintiff.
None present for defendant No.1.
Adv. Khandagale for defendant No.2 /MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of defendant No. 2.
The plaintiff is absent to tender registered NM. He as directed to tender the same till next date to avoid consequential order.
Adjourned for tendering NM/draft issues  to 05.11.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiffs are absent to tender registered NM and drat issues. The record shows that they are absent since last considerable time for no justifying reasons. It is, thus, clear that they lost their interest in the matter and avoiding even to tender the registered NM. Hence, the matter is posted for dismissal Order.
Adjourned for dismissal Order to 04.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: None present for the plaintiffs to proceed with the matter, although it is pending for dismissal. Hence, the matter is KB.
Adv. Mr. Amit Yadav for defendant No. 1 is present.
Adv. Mr. S.C. Khandagale for defendant No. 2/MCGM is present.
KB LO at 11:55 am.
Order below exhibit No.01:
     The plaintiffs are absent to tender registered NM till date and to proceed with the matter. In the result, the suit stands dismissed in default for non compliance of the Orders dtd. 14.09.2022 and 05.11.2022. All the pending applications and un-registered un-tendered NM are, therefore, disposed of. The plaintiffs are directed to tender registered NM. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-01-2023

Filing Number: 114234/2018
Filing Date: 19-10-2018
First Hearing Date: 13th December 2018
Decision Date: 04th January 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE