Vijay Hari RokdeVsMunicipal Corporation of Greater Mumbai +1 more

Date: 29-09-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted
Adjd  to 14.02.2024    for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 08.05.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: None present for plaintiff.
Advocate Mhatre  h/f Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to  07.08.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: None present for plaintiff
Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to  07.10.2024    for  NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: P.O. is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in dictating Judgment in su No.547/2012 and HC expedited NM order, Board is discharged, hence matter adjourned.
Adjd  to  02.12.2024   for NM Reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Honmane   for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to  10.03.2024  for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file NM reply. NM is old one. Sufficient time is already granted. Hence, this request is discarded. NM is proceeded without reply.
Adjourned for NM hearing (No reply) to 27.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present and filed pursis thereby informing that structure is already demolished by the defendant by following due process law so also alternate accommodation is already allotted to the plaintiff the pursis Taken on record. It is marked as Exhibit 2. O- Filed.
The following Order is passed in NM No. 984/2019.
ORDER
01    None appeared for the plaintiff when the NM was called for hearing.
02.	Ld. Adv for defendant is present and she submitted that the suit structure is already demolished by following due process of law and the structure was decided eligible following which alternate accommodation is already allotted to the plaintiff. In the event she prayed for rejection of the NM.
03.	Having scanned NM record it reveals that earlier ad-interim protection was granted in favour of the plaintiff. However, later on it was vacated by this Court vide Order dtd 23.07.2019 below NM bearing No.2940/2019. More and above now, the defendants fairly submitted before the Court that the structure is already demolished by following due process of law and the plaintiff has been conferred with alternate commercial accommodation. There is nothing placed on record suggesting contrary to that effect. With demolition of structure, I believe, there remains nothing surviving in the cause of action for the NM. In the event there is no substance to grant any substantial interim relief in favour of the plaintiff. The NM deserve disapproval. Ergo the Order :
ORDER
01.	Notice of Motion No. 984/2019 is dismissed.
02.     Notice of Motion No. 984/2019 is disposed of accordingly.
Adjourned for writ of summons to 01.08.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-08-2025

Date: 01-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
No steps taken for service of writ of summons till date.
Keep back
Later on at 12.45 pm.
None present for the plaintiff.
Order Below Exhibit No. 01:
       Today, the plaintiff is absent to proceed with the matter. Though the matter is filed in the year of 2019 and registered as suit in 2023, till date the plaintiff couldn't ensure due service of the suit summons on the defendants, even after specific directions. It seems that he is absent since last considerable time for no justified reasons. Nor any Order, staying this proceeding, is brought to notice of this Court. It is, thus, clear that the plaintiff lost his interest in the suit. Hence, the suit stands dismissed Under Order IX, Rule 2 and 5 of the CPC, 1908. All the pending applications are filed. He is called upon to bear the costs of the litigation. Bill of costs be drawn-up accordingly.
	The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 01-08-2025

Filing Number: 102021/2019
Filing Date: 17-02-2019
First Hearing Date: 29th September 2023
Decision Date: 01st August 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE