Date: 02-01-2020
Business: Adv. S.K. Bhosale for Plff present.
Adv. Hazare h/f Adv. Patil for Deft/MCGM present.
Adv. for Plff tendered original N/M No.4986/19 alongwith affidavit. t.o.r.
Copy of registered N/M is served to otherside.
Officer Mr. Ritesh Bharade, Sub Engineer, B and F Dept., M-East Ward, MCGM present. MCGM is directed to keep the position of the suit premises as it is till next date and on the other side Plff keep shall position as it it on 6/1/2020.
Authenticated copies be given to the both parties.
Adjd to 6/1/2020 for reply of N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Plaintiff a/w adv. Bhosle present.
Adv. Ms. Hajare h/f Khandagale for defendant / MCGM present
Order dt. 2/1/2019 is continued till next date.
Adjd. for NM reply to 22/1/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv.Bhosle for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Heard both side.
Mr.Vijay Mutrak Jr.Engineer MCGM submits that MCGM has received new reply with compilation of document. After verification of documents and considering reply we will pass fresh speaking order regarding notice structure hence NM-4986/19 is disposed of.
Earlier order, if any, to continue till passing of speaking order by defendant. If speaking order goes against the plaintiff one week time is granted.
Matter adjd to 20.03.2020 for W/S / compliance.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None for Plaintiff.
Adv Mr. Khandagle for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 29.04.2020 for W/S
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: due to national lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for the plaintiff.
Adv. Mrs. Hajare h/f Adv Khandagale for Defendant/MCGM present.
Matter adjd to 10.02.2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. S. K. Bhosale for plaintiff present and tendered original writ of summons, TOR and marked at Exh.2. He also tendered original draft Ch/s alongwith affidavit in support. TOR.
Adv. Khandagle for deft/MCGM present and has given say on draft Ch/s itself.
Officer Mr. Vijay Mutrak, Junior Engineer, B and F Dept, M/E Ward, MCGM, present.
Heard both sides on draft Ch/s.
This is the Chamber Summons by way of which plaintiff wants to incorporate the impugned speaking order bearing complaint no - ME/147/13-12-2019/165 Notice No. MCDO3ME/147/345A-MMC Act/ME165N01/13-12-2019 (Ref. No. 102613) dt. 31.08.2020 and he also wants to incorporate the copy of circular dt. 05.06.2002 and Government Gazette dt. 29.12.1988. These are subsequent events after filing of Suit. This is the just and proper reason to incorporate subsequent events in the body of plaint. Hence Order -
Order On Draft Ch/S
1) Draft Chamber summons is allowed and made absolute in terms of prayer clause (a) only.
2) Plaintiff to carry out aforesaid amendment within two weeks from today.
3) Draft Chamber Summons is disposed off accordingly.
Draft Ch/s be registered for statistical purpose.
On perusal of record it appears that NM No.4986/19 is already disposed off on 22.01.2021 but not yet removed from CIS. Hence NM No.4986/19 is now removed from CIS.
Matter adjd to 26/03/2021 for Compliance/Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: NOB TOB (By Precipe)
Adv. S. K. Bhosle for plaintiff present and tendered application for extension of time to carry out amendment in the plaint. TOR and marked at Exh.3.
O- Application is allowed.
Time is granted to carry out amendment within two weeks from today.
Matter is already adjd to 26/03/2021 for Compliance/Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Karan Gajara h/f. Adv. S.K. Bhosle for plaintiff present.
Adv. Khandagale for deft/MCGM present.
KB
Later On. At 02.30 pm.
Adv. Karan Gajara h/f. Adv. S.K. Bhosle for plaintiff present.
Adv. Khandagale for deft/MCGM filed WS, TOR and marked at Exh.4.
He also tendered list of documents, TOR and marked at Exh.5. Copies thereof are received by advocate for plaintiff.
Adv. for plaintiff tendered application for continuation of earlier order, TOR and marked at Exh.6.
O-Other side to say.
Adv. for deft/MCGM has given say on itself.
Matter adjd to 03/05/2021 for Hearing on Exh.6/Draft Issues.
Next Purpose: HEARING
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv Rawade h/f Adv Tondwalkar for defendant/ MCGM is present.
Adjd. To 16/09/2021 for hearing on Exh.6 and draft issues.
L.O.
Adv S.K. Bhosale for plaintiff present.
Adjd. To 16/09/2021 for hearing on Exh.6 and draft issues.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant / MCGM present.
Adjd. To 20/09/2021 for hearing on Exh.6 / draft issues.
L.O. at 12.35 p.m.
Adv S.K. Bhosale for plaintiff present and tendered another application for continuation of earlier order. TOR and marked as Exh.7
O- Other side to say.
Already adjd. To 22/09/2021 for hearing on Exh.6 / draft issues / say on Exh.7.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 12.00 noon.
Adv Firoza Shaikh h/f Adv Sharad Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and has given say on Exh.7.
On oral request of advocate of plaintiff to argue on Exh.6 and 7, matter is adjourned till next date.
Adjd. To 22/10/2021 for hearing on Exh.6 and Exh.7.
Next Purpose: HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O.
Adv Prashant Rihal h/f Adv Bhosale for plaintiff present and requests for time to argue on Exh.6 and Exh.7.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On oral request of advocate of plaintiff to argue on Exh.6 and 7, matter is adjourned till next date.
Adjd. To 15/11/2021 for hearing on Exh.6 and Exh.7.
Next Purpose: HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. S.K. Bhosale for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B. L.O.
Heard both sides on Exh. 6 and 7.
Matter is adjd to 08/12/2021 for order on Exh. 6 and 7.
Next Purpose: ORDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Mr.S.K.Bhosle present for the plaintiff.
Adv Mrs.Tondwalkar present for the defendant/ MCGM.
KB for order on Exh.6 and 7
LO
FRSR following order is passed on Exh.6 and 7
ORDER
1. Application Exh.6 and 7 stands rejected.
Matter is adjd to 07.02.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: NOB-TOB (BY PRECEIPE)
Adv S.K. Bhosale for plaintiff present and tendered draft NM alongwith affidavit in support thereof. TOR. Leave is granted to register the NM, returnable on next date. Copy be supplied to the defendant/ MCGM.
On oral request of advocate of plaintiff, matter is adjourned to 13.12.2021.
Adjd. To 13/12/2021 for service and reply to draft NM.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv S.K. Bhosale for plaintiff present and tendered original registered NM No.3207/2021 along with affidavit in support thereof. TOR. Copy is served on defendant.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 22/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. S.K. Bhosle for plaintiff present
Adv. Mrs. Tondwalkar for defendant/MCGM present and on her request, time is granted to file reply to NM.
Matter is adjd to 14/1/2022 for filing reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2022
Date: 14-01-2022
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.
Adjd. to 07/02/2022 for filing reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: None for Plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and submit that W.S. be treated as to NM No. 3207/21 and she has given endorsement on W.S. accordingly. O – Allowed.
Adjd. To 27/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
On the oral request of Adv. for plaintiff to argue on N/M, time is granted till next date.
Adjd. to 08/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. S. Bramhne h/f Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 03/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 12/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Since last 3 dates mater is pending for N/M hearing and previous date none present for plaintiff. Today also none for plaintiff. Hence, put up for N/M dismissal.
Adjd. to 20/01/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: As Court is busy in urgent N/M and ad-interim hearing, board is discharged.
Adjd. to 17/03/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None for plaintiff.
Adv. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 12-07-2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Advocate Latika h/f S.K. Bhosale for plaintiff present and submitted that she has no instruction from the plaintiff and submitted to pass necessary order on NM No. 3207/2021. Therefore NM No. 3207/2021 is dismissed for want of prosecution.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 30.09.2023 for hearing on issues/draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Exh. Issues framed
Adjd to 06.12.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Today is first date for evidence of plaintiff, hence adjourned to 7/2/2024 for plaintiff’s evidence.
Adjd to 07.02.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: None present for plaintiff.
Advocate Suryawanshi for defendant/BMC present.
Adjd to 12.04.2024 for Plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Suit is of year 2020 and since last two dates it pending for evidence of plaintiff but neither plaintiff nor his Adv remains present. Today when called none present for plaintiff. Hence matter adjourned as a last chance.
Adjd to 25.04.2024 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
since last three dates matter is for evidence of plaintiff but neither plaintiff nor her Adv remains present. hence on 12.04.2024 matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for plaintiff. Hence matter adjourned and kept for dismissal of suit.
Adjd to 04.05.2024 for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: None present for plaintiff
Advocate Amar Patil h/f Suryavanshi for defendant/BMC present.
keep back.
Later on 1.30 p.m
The suit is of year 2020 and pending since many dates for plaintiff evidence but neither the plaintiff nor his Advocate remains present. Therefore on previous date matter was adjourned and kept today for dismissal of suit but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order
ORDER
Suit is dismissed under order XI Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2024