Date: 16-03-2020
Business: As court is on leave.
Matter adjd to 15/04/2020 for R/E.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 02.06.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for plaintiff.
Adv Suryawanshi for defendant/MCGM present.
Matter adjourned for directions to 09.12.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv Ashwini Mahadik (h/f) present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
In this file there is unregistered draft NM alongwith affidavit.
Reply of BMC on NM is also available in the file.
Leave grant to register NM.
Exh.8- Reply is treated as WS.
Matter adjourned for NM arguments to 15.01.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv Ashwini Mahadik present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of plaintiff sought adjournment for tendering original NM.
Matter adjourned for NM arguments to 12.02.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: As court is busy in hearing urgent matter in Suit No.4635/12, 467/17 and NM 3792/19 hence for want of time board is discharged.
Matter adjourned for NM arguments to 12.03.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2021
Date: 12-02-2021
Business: As court is busy in hearing urgent matter in Suit No.4635/12, 467/17 and NM 3792/19 hence for want of time board is discharged.
Matter adjourned for NM arguments to 12.03.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Adwait Rawrane present for plaintiff and tendered registered NM No.1905/2020 alongwith affidavit.
Adv. Nandanwar present for MCGM/defendant.
Adv of plaintiff sought adjournment
Matter adjourned for NM arguments to 16.04.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In view of holiday declared by Hon''ble high court hence matter is adjd. to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
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: NM ARGUMENTS
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv.absent for plaintiff.
Adv Soraan present for MCGM/defendant.
Matter adjourned for nm arg. to. 15/09/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: As presiding officer is on leave hence, matter is adjd.to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Mehek Chowdhari Present For Plaintiff and sought adjournment.
Adv. Amol Diwate present for MCGM/defendant.
Matter adjourned for nm arg. to. 17/11/21.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv. Amit Del present for plaintiff and sought adjournment.
Adv. Diwate present for MCGM/defendant.
Matter adjourned for nm arg. to. 14/01/22.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjd.to.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Chaoudhari present for plaintiff and made endorsement on the affidavit in support of NM no. 1905/2020 that the above notice of motion is withdrawn by the plaintiff.
In view of the above endorsement the nM no. 1905/202 is disposed of as withdrawn .
Adv. Diwate present for MCGM/defendant.
Matter adjourned for steps to 01/04/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv Tarang for plaintiff present he prayed for short adjournment for tendering Ch/s. Allowed.
Adv. Smt. Kumud Soraan for MCGM/ defendant present.
Matter is adjd for filing Chs on 02-05-2022
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: The court is busy in dictating order in SU 1923/19, SU 715/2022 and SU 1923/19 High Court time bound matters and hearing expedited matter SU 419/2022, 1183/2018 hence, for want of time following board discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: As court is busy.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Tarang Jagtiani for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant present.
Adv. for Plaintiff filed withdrawal application. TOR. Exh.9
O- Other side to file reply.
Adv. for deft filed reply.
Matter is adjd for withdrawal on 29-08-2022
Next Purpose: WITHDRAWAL
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WITHDRAWAL
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv Mahek Chaudhari for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant present.
Withdrawal application is filed on last date however Plaintiff was not present. Hence, order could not been passed. Today also Plaintiff is absent. Adv for Plaintiff prayed for grant of short adjournment for his appearance. O- Allowed.
Matter is adjd for Withdrawal on 02-11-2022
Next Purpose: WITHDRAWAL
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WITHDRAWAL
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv Tarang Jagtiani h/f Adv. Jhangiani, Narula and Association for Plaintiff present.
Plaintiff is absent. He is directed to remain present on next date for passing necessary order regarding withdrawal of suit.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for withdrawal on 06-01-2023
Next Purpose: WITHDRAWAL
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv Milind Mane for Plaintiff present
Adv. Mr. Diwate for MCGM/ defendant present.
Adv for Plaintiff and tendered adjournment application. TOR. Exh.10. O- allowed strictly as last chance.
Matter is adjd for withdrawal on 08-02-2023
Next Purpose: WITHDRAWAL
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Narulla present for plaintiff.
Adv. Soraan @ Adv. Diwate MCGM/defendant.
C.A for plaintiff is also present.
There is element of settlement in the matter hence, it be posted before upcoming lok-adalat on 11-02-2023.
The def. is directed to call concern officer for pre-lok-adalat meeting on dated 10-02-2023 at 11.00 am.
Matter adjourned for Lok-Adalat on 11-02-2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: NOB-TOB
None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant present.
Mr. Bamburde J.E., attached to BMC is appeared and assured regarding consenting only for withdrawal of suit with permission to file a fresh subject to condition that, fresh suit if filed in further will be decided on merit.
Matter is adjd for Lok-adalat on 11-02-2023
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: Matter pertains to CR No.5
Adv Taran Jagtiani I/b Jhangiani Barula for Plaintiff present.
Adv Amol Diwate for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 17.03.2023
Next Purpose: WITHDRAWAL
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WITHDRAWAL
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv Taran Jagtiani I/b Jhangiani Barula for Plaintiff present. for Plaintiff present.
Adv Pradeep M. Patil for defendant /MCGM present.
Matter adjourned for withdrawal to 03-07-2023
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: Adv. Milind Mane for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned as last chance.
Matter is adjd to 11.08.2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Narula for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Heard arguments of both sides on Exh. 9.
Matter is adjd to 14.08.2023 for order on Exh. 9.
Next Purpose: ORDER
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Adv. Milind Mhatre i/b Jahangiyani Narulla for Plaintiff present.
Adv. Pradip Patil for defendant/ BMC present.
Order on Exhibit-9
This application is filed by the plaintiff through her advocate for permission to withdraw the suit. This liberty to file fresh suit on the same cause of action.
The learned Adv. for the plaintiff submitted that the defendant No.1 demolished the suit structure pending the Notice of Motion. It is submitted that in view of happening of subsequent events during pendency of the suit the plaintiff wants to bring fresh suit on the same cause of action pursuant to the impugned notice. The learned Adv. for the plaintiff submitted that this suit was filed in urgency and, therefore, there was no compliance of Section 527 of MMC Act and several complications would arise in amending the plaint. It is therefore, necessary to withdraw this suit by seeking permission to file fresh suit on the same cause of action.
On the other hand, learned Adv. for the defendant strongly resisted the application by contending that no such permission can be granted to file afresh suit on the same cause of action.
Considering the aforesaid facts and circumstances, while considering the aforesaid reasons, in my view the plaintiff has made out a case under Rule 1(3)(b) of Order 23 Civil Procedure Code subject to the period of limitation as will be applicable in filing fresh suit on the same cause of action while seeking to withdraw the suit. Thus, following order is passed-
O R D E R
1. Application exhibit-9 for permission to withdraw the suit with liberty to file fresh suit is allowed.
2. In view of the application exhibit-9 and order passed on it, suit stands disposed off.
3. L.C. Suit No.956/2020 stands disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 14-08-2023