Mr. Atul Kondiba KadamVsMCGM

Date: 30-09-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
None for applicant.
K.B.
L.O. at 4.30 p.m.
Adv Prasad Thonse for plaintiff present and tendered reply to Ch/s No.677/2021. TOR. Copy is supplied to advocate for applicant.
Adv of plaintiff is directed to serve the copy of Ch/s reply to the defendant / MCGM till next date.
None for defendant / MCGM (N/Ward)..
Adv Dinesh Mishra for applicant present and tendered original registered Ch/s No.677/2021 along with affidavit in support thereof. TOR.
Earlier order, if any, to continue till next date.
Adjd. To 28/10/2021 for reply to Ch/s by defendant / MCGM / Ch/s and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adv. Dinesh Mishra for applicant present.
Earlier order, if any, to continue till next date.
Matter is adjd to 08/02/2022 for reply to Ch/s. by defendant/MCGM /Ch/s. and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
Earlier order, if any, to continue till next date.
Matter is adjd to 10/03/2022 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv Prasad Phanse for plaintiff present.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant / MCGM present.
Adv Anjali Mishra for applicant present.
Earlier order, if any, to continue till next date.
Adjd. To 24/03/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Mr Rama Palam, Clerk of plaintiff advocate present and tendered written argument in Ch/s No.677/2021  TOR. Copy is served to other side.
Earlier order, if any, to continue till next date.
Adjd. To 28/04/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv Thonse for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
None for defendant no.2 and 3.
Earlier order, if any, to continue till next date.
Adjd. To 30/06/2022 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present and submitted to pass necessary order on Ch/S.
Adv. Dinesh Mishra for applicant present.
Heard learned Adv. for applicant on Ch/S No. 677/2021.
Earlier order, if any, to continue till next date.
Adjd. to 05/07/2022 for order on Ch/S No. 677/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. R. S. Dubey for applicant present.
Written argument in Ch/S No. 677/2021 filed by plaintiff which was taken on record on 24/03/2022, today marked as Exh. 4.
Adv. for applicant tendered pursis along with list of document, TOR and marked as Exh. 5. Copy be supplied to other side.
K.B.
L.O. at 03.45 p.m.
None for plaintiff.
Adv. M. S. Singh h/f Adv. R. S. Dubey for applicant present.
Copy of Exh. 5 be supplied to plaintiff.
Earlier order, if any, to continue till next date.
Adjd. to 19/07/2022 for hrg. on Exh. 5.
Next Purpose: HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Thonse for plaintiff present.
Adv. Mrs. Rawade for defendant/ MCGM is present.
Adv. Dinesh Mishra for applicant present.
Adv. for applicant has served the copy of Exh. 5 to Adv. for plaintiff.
Heard both sides on Ch/S No. 677/2021.
Earlier order, if any, to continue till next date.
Adjd. to 28/07/2022 for order on Ch/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Tejasvi Thorat for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
Adv. Abhishek Chaturvedi for applicant present.
F.R.S.R. following order is passed on Chamber Summons No. 677/2021.
ORDER
1. Chamber Summons No. 677 of 2021 in terms of its prayer clause (a) is allowed.
2. The plaintiff is directed to carry out necessary amendment within prescribed time.
3. the plaintiff to provide copy of amended plaint.
Earlier order, if any, to continue till next date.
Adjd. to 20/08/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present.
Plaintiff has not carried out amendment in prescribed time. Hence, suit is kept for N/M hrg.
Adjd. to 08/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Prasad Thonse for plaintiff present and tendered application for permission to carry out necessary amendment, TOR and marked as Exh.6. O - Other side to say.
Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 11/10/2022 for say on Exh.6 and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Thonse for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Bhushan Mengade for applicant present.
Adv. for applicant and Adv. for deft./BMC have given say on Exh.6 overleaf. O - Considering the reason and reply of the other sides, application is allowed. Plaintiff to carry out amendment within week.
Earlier order, if any, to continue till next date.
Adjd. to 22/11/2022 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Prasad Thonse for plaintiff present and submitted that amendment is carried out but copy of amended plaint is not served upon other side and also requested time to file affidavit of service. Time is granted till next date.
Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/01/2023 for filing affidavit of service and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 22-11-2022
Business: Adv. Prasad Thonse for plaintiff present and submitted that amendment is carried out but copy of amended plaint is not served upon other side and also requested time to file affidavit of service. Time is granted till next date.
Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 19/01/2023 for filing affidavit of service and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Tushar Mengade for defendant No.2 present submitted that he has received copy of amended plaint.
Adjd. to 28/02/2023 for filing affidavit of service of amended plaint on defendant/ BMC and N/M hrg.
L.O.
Adv. P. M. Thonse for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 28/02/2023 for filing affidavit of service of amended plaint on defendant/ BMC and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Clerk of plaintiff\''s advocate present and tendered service affidavit of defendant No.2, TOR and marked as Exh.6.
Adv. Mrs. Mhatre for defendant No.1/ BMC is present.
Adv. Mangade for defendant No.2 present and requested time to file W/S. Time is granted till next date.
Copy of amended plaint is served to defendant No1/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 30/03/2023 for W/S of deft No.2 and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv Thonse for plaintiff present.
Adv Mhatre for deft no. 1 /BMC present.
None for deft no. 2.
Earlier order, if any, to continue till next date.
Matter is adjd. to 15-06-2023  for W.S of deft no. 2 and NM hearing.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Adv. Thonse for plaintiff present.
Advocate Mhatre  for defendant No. 1/BMC present.
Adv R.S. Dubey for defendant No. 2 present and seek time to file WS  however statutory period is over, hence adjourned for No WS order.
Earlier order, if any, to continue till next date.
Adjd to 18.07.2023   for  NM Hearing/ No WS order against defendant No. 2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv.  Prasad Thonse for plaintiff present
Advocate Mhatre for defendant No.1/BMC present
Adv Dubey h/f Shukla for def No.2 present.
keep back
L.O.
Rest of same appearance
Adv. for defendant No. 2 submitted that he is filing WS.  Adv for plaintiff objected for taking on record written statement by saying that there is delay. It appears that copy of amended plaint was served upon defendant No. 2. Adv for defendant No. 2 submitted that defendant No. 2 added subsequently.  After service of plaint and documents, matter time to time adjourned on request of defendant No. 2 for filing WS. Today matter is posted for No WS order. The defendant No.2 filed WS today hence TOR marked as      Exh. 7
Exh. 7 - WS of defendant No. 2. copy is supplied to plaintiff
Adv for def No. 2 filed pursis marked as Exh. 8 adopting WS as reply to NM.
Adv for plaintiff submitted that today defendant No. 2 filed reply cum WS and plaintiff will file rejoinder on next date.
Adjd to 03.08.2023 for  rejoinder
Next Purpose: REJOINDER
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: None present for plaintiff
Adv. D.R. Mishra for defendant No. 2 present.
Advocate Mhatre for defendant No.1/BMC present.
None present for plaintiff and not filed rejoinder. Hence ,matter adjourned for NM Hearing.
Adjd to 05.09.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Thonse for plaintiff present
Adv. Ms. Mhatre for defendant No. 1 /BMC present.
Adv. D.R. Mishra for defendant No. 2 present.
Earlier order, if any, to continue till next date
Adjd. to 17/10/2023 for N/M Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Advocate Prasad Thonse for plaintiff present.
Adv. B.R. Gupta  deft No. 2 present.
Advocate Suryavanshi h/f Mhatre for defendant No.1/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  30.11.2023   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Advocate Prasad Thonse for plaintiff present
Advocate Mhatre for defendant No.1/BMC present.
None present for deft NO. 2
keep back
later on
Adv for plaintiff submitted that similar matter at sr. No. 30 is adjourned for NM argument and this matter be adjourned on same date.
Earlier order, if any, to continue till next date.
Adjd  to  14.12.2023   for NM Hearing
L.O 3.24 p.m.
Adv R. S. Dubey for deft No. 2 present
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Mr.Thonse for Plff. present.
Adv. Mrs. Mhatre for No.1/BMC present
Adv. for Deft.No. 2 present.
Earlier Order, if any, to continue till next date.
Adjd. to 11/01/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Advocate Thonse for plaintiff present.
Adv D.R. Mishra for deft No. 2 present.
Advocate Mhatre for defendant No. 1/BMC present.
keep back
later on 4.45 p.m.
Adv for defendant No. 2 submitted tthat connected matter bearing suit No 1923/21 has been adjourned till next date. Hence this suit also adjourned on same date.
Earlier order, if any, to continue till next date.
Adjd  to  02.02.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Advocate Prasad Tonse for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adv D. R. Mishra deft No. 2 present.
On request of both the advocates matter adjourned
Earlier order, if any, to continue till next date.
Adjd  to 01.03.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Advocate Prasad Thonse for plaintiff present.
Advocate Jyoti Patil- Mhatre for defendant No.1/BMC present.
Adv D.R. Mishra for deft No. 2 present
Earlier order, if any, to continue till next date.
Adjd  to 14.03.2024   for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: None present for plaintiff.
Advocate Jyoti Patil- Mhatre for defendant No.1/BMC present.
Adv D. R. Mishra for deft No. 2 present.
keep back
Later on
None present for plaintiff
Rest of the same appearance
Earlier order, if any, to continue till next date.
Adjd  to 28.03.2024  for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Advocate Thonse for plaintiff present.
Advocate  Mhatre for defendant No. 1/BMC present.
keep back
Later on 4.12 p.m
Counsel Adv. Gajanan Shinde a/w Advocate  Mhatre for defendant No.1/BMC present.
Adv. Dubey for defendant No. 2 present.
Heard argument of Adv for plaintiff and Adv for MCGM on Notice of Motion.
Adv for deft No. 2 requested time to argue on Notice of Motion.
Earlier order, if any, to continue till next date.
Adjd  to 18.04.2024  for argument of deft No. 2 /NM.P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Matter pertains to C. R. No. 4
Advocate Prasad Thonse  for plaintiff present.
Counsel Adv. Nafisa h/f Counsel Adv. Gajanan Shinde a/w Advocate Mhatre for defendant No.1 /BMC present.
Adv. R. S. Dubey for deft No. 2 present.
Earlier order, if any, to continue till next date.
Adjd  to 25.04.2024 for argument of deft No. 2/NM.P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Advocate Thonse for plaintiff present.
Counsel Adv. Gajanan Shinde a/w Advocate Mhatre for defendant No.1/BMC present.
Adv. A.R Mishra for deft No. 2 present
Partly heard argument of Adv for deft No. 2 in NM.
Earlier order, if any, to continue till next date.
Adjd  to 30.04.2024     for further argument on NM by Adv for deft NO. 2/P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Advocate Thonse for plaintiff present.
Counsel Adv Ganjanan Shinde a/w Advocate Mhatre for defendant No.1/BMC present.
Adv. A.R.Mishra for D-2 present
Heard argument of Adv for D- 2 and Adv for deft/BMC
Earlier order, if any, to continue till next date.
Adjd  to 10.05.2024   for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: None present for plaintiff
Counsel Adv. Gajanan Shinde a/w Advocate Suryavanshi  for defendant/BMC present.
F.R.S. R Following order is passed on Notice of Motion No. 765/2020
ORDER
Notice of Motion is dismissed
Adjd  to 03.08.2024  for  Hearing on  issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Thonse for plaintiff present.
Adv. Gajanan Shinde for defendant/BMC present.
Draft issues not submitted by the parties, hence matter adjourned for framing of issues.
Adjd  to  21.09.2024    for framing of issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None for plaintiff.
Advocate Pooja Nagarthawar for defendants/BMC present.
As Court is busy in order in Ch/s No. 68/2024 and Ch/s 66/2024 and in NM No. 1386/23. Hence due to paucity of time matter adjourned.
Adjd  to 30/11/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: As HHJ went to attend Regional Mediation Conference at Pune, hence  Board discharged.
Matter is adjd to 04.01.2025 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
None present for plaintiff. Adv. Mr. Swapnil Bharti for defendant/ MCGM is present. The matter is kept back.
Later on at 1.45 p.m.
The appearance is as above. The issues are framed at Exhibit 09.
Adjourned for filing documents on affidavit/R.E. to 18.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Prasad Thonse for the plaintiff is present and sought time to lead evidence, the plaintiff is not keeping well. Time is granted.
Adv. Gajanan Shinde a/w Adv. Ms. Nagarthawar for defendant No.1/MCGM is present. None present for defendant No.2.
Adjourned for RE to 08.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Rupali Patil h/f Adv. Gajanan Shinde for defendant No. 1/MCGM is present.
Evidence affidavit is not filed.
Adjourned for R.E/Dismissal to 19.08.2025.
Later on at 12.35 pm
Adv. Mr. Gajanan Shinde for MCGM is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
None present for defendant/MCGM
Today due to heavy rains and bad whether forecast as well as difficulty to the Advocates during commutation, they are absent before Court. Owing to said reason the  proceeding is adjourned on next date with the same stage.
Adjourned for R.E/Dismissal to 07.10.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. Kajal L. Soni h/f Adv. Prasad Thonse  for the plaintiff .
Adv. Ms. Rupali Patil a/w Adv. Gajanan Shinde  for defendant/MCGM is present.
Adjourned for dismissal to 02-12-2025
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Prasad Thonse for the plaintiff is present
Plaintiff is absent.
Adv. Gajanan Shinde a/w Adv. Rupali Patil for defendant No. 1/MCGM is present.
None present for defendant No. 2
keep back
Later on at 11.51 a.m
PW-1/Plaintiff is present.
Rest appearance is as above.
Advocate for plaintiff filed affidavit in lieu of examination in chief of PW-1 Taken on record. It is marked as Exhibit  10.
O- Seen. Copy is supplied to other side.
Adjourned for filing list of documents /R.E. to 20.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff. Adv. Gajanan Shinde a/w Adv. Rupali Patil for defendant No.1/MCGM is present.
Adjourned for filing list of documents/R.E. to 05-03-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2026

Date: 05-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Gajanan Shinde a/w Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for filing list of documents/R.E..to 11.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Gajanan Shinde h/f Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for filing list of documents/RE. to  05.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2026

Registration Number: 101769/2021
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 114424/2019
Filing Date: 31-12-2019
First Hearing Date: 30th September 2021
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE