Date: 14-01-2020
Business: Adv. Suparna Holmagi for plaintiff present, she tendered original NM No.4911/19 along with affidavit in support. t.o.r.
Adv. Chaya Parab for defendant No.1 present.
Adv. Mrs. Hajare for MCGM/Deft.2 present.
None for Defendant. No 3.
Adv. Gharat for defendant No.4 present.
On oral request of advocate for plaintiff, adjournment granted.
Time is granted to file reply NM 4911/19.
KB order 3159/19 and 1905/19
Order On NM 1905/19
This motion moved by defendant NO.1 seeking relief to set aside no W/S order dtd. 28.06.2018 it is objected by plaintiff heard both side to decide to controversial issues in a suit on merits the written statement is material. As the NM was pending for hearing there is delay for filing W/S
1. Hence the NM prayers (a) and (b) made absolute.
2. Defendant No.1 to comply as per order allowed.
Exh-17 - W/S is taken on record. Copy of W/S is already served to other side.
Order On NM 3159/19
This motion moved by defendant NO.1 seeking relief to set aside no W/S order dtd. 28.06.2018 it is objected by plaintiff heard both side to decide to controversial issues in a suit on merits the written statement is material. As the NM was pending for hearing, there is delay for filing W/S.
1. Hence the NM prayers (a) and (b) made absolute.
2. Defendant No.4 to comply as per order allowed.
Adjd to 14.02.2020 for NM reply and W/S by Defendant No.4 .
Next Purpose: REPLY
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Holamagi for plaintiff present.
Adv. Chaya Parab for defendant No.1 is present.
Adv. Mrs. Hajare for MCGM/Deft.No.2 present.
None for defendant No.3
Adv.Ruchka Iindalkar h/f adv.Gharat for defendant No.4 is present and filed reply to NM No. 4911/19.
Copy is served to other side.
On oral request of advocate for Defendant No.1, adjournment granted as last chance.
Matter adjd to 09.04.2020 for reply to NM 4911/19 by Defendant.No.1 and filing W/S of defendant No.4.
Next Purpose: REPLY
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-04-2020
Date: 21-04-2020
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: 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
Next Purpose: REPLY
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None for plaintiff.
None for deft nos. 1, 3 and 4.
Adv. Mrs. Hajare for deft no. 2/MCGM present
Matter adjd to 21/01/2021 for filing reply to NM No.4911/19 by deft no.1 and filing WS by deft no.4.
Next Purpose: REPLY
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Matter adjd to 11/03/2021 for NM Reply/ Written Statement by deft no.4.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Holamagi for plaintiff present.
Adv. Ms. T. Miraj for deft no.1 present and tendered reply to N/m No. 4911/19, t.o.r. Copy is served to other side.
Adv. Chavan h/f. Adv. Hajare for Defendant No.2/MCGM present.
None for Defendant No.3.
Adv. Gharat h/f. Adv. K. Andrews for Defendant No.4 present and requests for time to file W.S. Time is granted till next date.
Matter adjd to 30/03/2021 for N/m hrg/W.S. by Defendant No.4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv Holamagi for plaintiff present.
Adv Rawade for defendant / MCGM present.
On oral request of advocate for plaintiff, adjournment is granted.
Adjd. To 23/09/2021 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None for plaintiff.
Adv Miraj for defendant no.1 present.
Adv Smita Chavan for defendant no. 2/ MCGM present.
None for defendant no.3.
Adv Gharat h/f Adv K. Andrews for defendant no.4 present.
The advocate for plaintiff is absent. Matter is fixed for NM hearing. Therefore, plaintiff is directed to argue on NM on next date.
Adjd. To 26/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Mr. Holamagi for Plaintiff present and submitted that one of the Plaintiff is expired. He has take to step.
Adv Mrs Rawade for defendant / MCGM present.
Matter is adjd to 09/12/2021 for taking steps by Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Mr. Laxman, clerk of advocate Mr. Holamagi present and tendered copy of leave application of Advocate Holamagi. T.O.R.
Adv. T. Meerashi for Defendant No.1 present.
Adv Mrs Rawade for defendant no.2 / MCGM present.
None for Defendant No.3.
Adv. Gharat for Defendant No.4 present.
Matter is adjd to 18/01/2022 for taking steps by Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
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.
Matter is adjd to 24/02/2022 for taking steps by Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: None for plaintiff.
None for defendant no.1 and 3
Adv Mrs Rawade for defendant no.2 / MCGM present.
Adv. Gharat for Defendant No.4 present and and requests for time to file W/s.
Time is granted till next date.
Adjd. to 22/03/2022 for NM hearing / W/s by defendant no.4.
L.O. at 3.45 p.m.
Adv V. Mirasee for defendant no.1 present.
Already adjd. to 22/03/2022 for NM hearing / W/s by defendant no.4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Holamagi for plaintiff present.
Adv Mirasee for defendant no.1 present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant no.3 and 4.
Adjd. To 16/06/2022 for NM hearing / W/s by defendant no.4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Holamagi for plaintiff present and submitted that plaintiff is dead and some time may be granted for taking further steps.
Adv. Ms. T. Mirashi for deft No.1 present.
Adv. Mrs. Chavan for defendant No.2/ BMC is present.
None for deft. Nos.3 and 4.
Adjd. to 15/09/2022 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Holamagi for plaintiff present and submitted that plaintiff have not approach him. Therefore, some time is required to contact with plaintiff. Hence, time is granted till next date.
Adv. for D/1 present.
Adv. Mrs. Rawade h.f. Adv. Chavan for D/2 BMC is present.
Adv. Gharat for D/4 present.
Adjd. to 27/09/2022 for taking step by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None for plaintiff.
None for deft. Nos.1 and 3.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.2/ BMC is present.
Adv. Gharat for deft. No.4 present.
K.B.
L.O.
None for plaintiff.
Adv. T. Mirashi for deft. No.1 present.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.2/ BMC is present.
None for deft. No.3.
Adv. Mahamuni for deft. No.4 present.
Matter is of year 2009. Issues are framed on 19/07/2018 and since then matter is for evidence for plaintiff. So, also N/M filed by plaintiff is pending for hrg. since 2019. Today when called up to 03.00 p.m. none present for plaintiff. Hence, matter is kept for dismissal order.
Adjd. to 11/10/2022 for dismissal of suit and N/M.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Holamagi for plaintiff present and submitted that plaintiffs are not contacting him. Hence, short date may be granted.
None for deft. Nos.1 and 3.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant No.2/ BMC is present.
Adv. Gharat for deft. No.4 present.
Suit is of year 2009 and since 19/07/2018 it is pending for plaintiff\''s evidence. On previous date none present for the plaintiff hence, suit is kept for dismissal but today Adv. for plaintiff seeking time hence, matter adjourned till next date with direction to the plaintiff to proceed with the suit without fail.
Adjd. to 20/10/2022 for dismissal of N/M and suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: As Court is on leave today, board is discharged and matter is adjourned.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: None for plaintiff.
Adv. T. Mirashi for deft. No.1 present.
None for defendant No.2/ BMC, T-ward.
None for deft. No.3 and 4.
Adjd. to 29/11/2022 for dismissal of N/M and suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None for plaintiff.
Adv. T. Mirashi for defendant No.1 present.
None for defendant No.2/ BMC is present.
None for defendant Nos.3 and 4.
K.B.
L.O. at 03.25 p.m.
Adv. Holamagi for plaintiff present and submitted that he has to send letter to the plaintiff as brief is not with him. The suit is of 2009 and pending for N/M hearing. However, as a last chance time is granted.
Adv. Chaya Parab for defendant No.1 present and submitted that this may be a last chance.
Adv. Mrs. Rawade for defendant No.2/ BMC is present.
None for defendant Nos.3 and 4.
Adjd. to 20/12/2022 for N/M hearing/ N/M dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: None for plaintiffs.
Adv. Shah for defendant No.1 present.
Adv. Mrs. Chavan for defendant No.2/ BMC is present.
None for deft. Nos.3 and 4.
Adv. for plaintiff is on leave from 18/01/2023 to 23/01/2023 Hence, adjourned.
Adjd. to 02/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: None for plaintiff.
Adv. Chhaya Parab for defendant No.1 present.
Adv. Mrs. Chavan for defendant No.2/ BMC is present.
None for defendant No.3 and 4.
K.B.
L.O. at 04.30 p.m.
Following order is passed on N/M No.4911/2019-
O R D E R
When called at 02.45 p.m. none present for plaintiff. Hence, matter was kept back again when called at 04.30 p.m. none present for plaintiff. Adv. Chhaya Parab for defendant No.1 present and submitted that suit is of year 2009 and N/M is of year 2019. She further submitted that on 29/11/2022 and prior to that matter was kept for steps and dismissal of suit and N/M. Today none present for plaintiff. It appears that the plaintiff is not interested to proceed with the N/M. On perusal of roznama it appears that on 29/11/2022 and prior to that matter was kept for dismissal of N/M due to want of prosecution. Today also none present for the plaintiff. Hence, I have no option to dismiss N/M for want of prosecution. Therefore, I pass following order.-
O R D E R
Notice of Motion No.4911/2019 is dismissed in default.
Defendant No.4 has not appeared but not filed W/S. Hence, suit to proceed without W/S of defendant No.4. It appears that neither there is service affidavit of defendant No.3 nor he has appeared. Therefore, plaintiff is directed to take steps against deft. No.3.
Nature Of Disposal: DISMISSED
Disposal Date: 02-02-2023