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.
Adjourned for dismissal to 01.08.2025
Next Purpose: DISMISSAL
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.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Today matter was fixed for NM hearing wherein neither plaintiff nor his Advocate remain present. Hence, NM to proceed without their argument. Heard Ld. Advocate for defendant/MCGM on NM.
The following Order is passed in NM No. 980/2019.
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 therefore nothing survives in the cause. 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 30.07.2019. More and above now, the defendants fairly submitted before the Court that the structure is already demolished by following due process of law. In the light of such submissions I believe nothing survives in the cause. No any document countering aforesaid position is placed on record. 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. 980/2019 is dismissed.
02. Notice of Motion No. 980/2019 is disposed of accordingly.
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