Date: 26-06-2019
Business: 26/06/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhtare for defendant No. 1/MMC present.
Adv. Ganesh Gupta for defendant No. 2 present.
KB LO The ld. Adv. for plff is directed to tender registered NM on record.
With consent of parties, the NM is taken up for final hearing.
Heard argument of adv. for plff.
For want of time matter is adjourned to 27/06/19 for argument of defendant at 1.00 pm.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: 27/06/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for defendant No. 1/MMC present.
Adv. Ganesh Gupta for defendant No. 2 present.
Heard argument of the ld. Advocates for the defts and reply argument of the ld. adv. for plff on draft NM.
The ld. Adv. for the plff shall tender registered NM on record.
Adjd to 05/07/19 for order on NM.
Next Purpose: ORDERS
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: 05/07/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. P. R. Shukla for plaintiff present.
Adv. Santosh Mhatre with Adv. Sablani for defendant /MMC present.
F.R.S.R. Following order is passed
ORDER
1. The Notice of Motion No.2093/2019 is partly allowed.
2. The defendants are directed to restore the water and electricity supply of the plaintiffs immediately, subject to the payment of charges of restoration by the plaintiffs.
3. After restoration of water and electricity supply of the plaintiffs, the defendants shall not disconnect the same till one day prior to their eviction from the suit building.
4. The relief claimed by the plaintiffs in prayer clause (b) of the Notice of Motion is rejected.
5. Costs in cause.
6. The Notice of Motion No.2093/2019 stands disposed off accordingly.
Adjd to 14/10/19 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: 14/10/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. P. R. Shukla for plaintiff present.
Adv. Sablani for defendant /MMC present.
On oral request of advocate for plff adjd to 27/01/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: 17/12/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19 By preceipe
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
Advocate for the plaintiff tendered draft NM and ch/sum alongwith supporting affidavit. t.o.r. Leave granted to register the same.
KB LO Say filed by the MMC on draft ch/sum.
Heard argument of both sides on draft ch/sum.
As court is busy dictating Judgment in SU 1140/09 and order in ABA 890/19, hearing BA and ABA matters and urgent matters hence, for want of time adjd to 18/12/19 for order on ch/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: 18/12/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
F.R.S.R. Following order is passed
ORDER
1. The draft Chamber Summons is partly allowed, subject to costs of Rs.2,000/-, to be paid to defendant No.1, within 15 days from the date of this order.
2. On payment of costs, the plaintiffs shall carry out the amendment as per the schedule annexed to the Chamber Summons, within 14 days.
3. After carrying out necessary amendment in the plaint, the plaintiffs shall furnish amended copy of the plaint on record and shall also supply the same to the defendants.
4. Other reliefs claimed stands rejected.
5. The draft Chamber Summons be registered for statistical purpose.
6. The draft Chamber Summons stands disposed of, accordingly.
KB LO at 4.25 pm. Fernandes Denzil Asst. Engr. (B and F) R/north ward present.
Rest of the appearance is same.
Heard argument of both sides on ad-interim relief.
Earlier order, if any to continue till next date.
As court is busy in dictating orders in ABA Nos. 800/19, 1639/19, BA 1443/19, SU 1401/19, hearing in BA and ABA matters, hearing and passing orders in urgent matters hence, for want of time adjd to 19/12/19 for order on ad-interim relief.
Next Purpose: ORDERS
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Court is on leave, board discharged
Next Purpose: ORDERS
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Court is on leave, board is dishcarged
Next Purpose: ORDERS
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: 21/12/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
Adv. for defendant No. 1 seeks time.
Exh.7 Pursis filed by adv. for plff. TOR
Order- Considering the urgency, matter be kept in vacation.
Adjd to 23/12/19 for hearing on ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 23-12-2019
Date: 23-12-2019
Business: 23/12/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
Heard argument of both side on ad-interim relief.
As court is busy in dictating orders in MA 242/19, ABA 1570/19, hearing BA and ABA, hearing and passing order in urgent matter hence, for want of time adjd to 24/12/19 for order on ad-interim relief.
Next Purpose: ORDERS
Next Hearing Date: 24-12-2019
Date: 24-12-2019
Business: 24/12/19 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
KB LO. For the reasons to be separately recorded, following order is passed
ORDER
Ad-interim relief claimed by the plaintiff is refused.
Exh.8 Application filed by adv. for plff. TOR. Say filed by MMC.
Order- Heard both sides. Initially the plaintiffs have filed NM No. 2093/19 for restraining the defendants from enforcing the notice issued under Section 354 of the MMC Act with other reliefs. The said NM has been disposed of on 05/07/2019, thereby rejecting the prayer of restraining the defendants from enforcing the impugned notice. Since then no interim protection is operating except regarding disconnection of water and electric supply. Thereafter, fresh NM has filed and today ad-interim relief has been refused by passing detailed order. The plaintiff is claiming protection of structure, which is already rejected on 05/07/2019 and hence, no case is made out by plaintiff to grant any protection. Hence, application is rejected.
KB LO. Reply filed by adv. for MMC. Copy supplied to plff.
C. C. be expedited.
Adjd to 06/01/2020 for hearing on NM.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: 06/01/2020 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. N. B. Shukla for plaintiff present.
Adv. Santosh Mhatre for defendant No. 1/MMC present. None for deft. No. 2.
KB LO. Exh.9 Application for extension filed by adv. for plff. TOR
Order- Considering the reason time granted till next date.
The ld. Adv. for the plff seeks time to serve defendant No. 2.
Adjd to 17/01/2020 for service.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: 17/01/2020 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
Adv. P. R. Shukla for plaintiff present.
Adv. Santosh Mhatre for deft. No. 1/MMC present. None for deft. No. 2.
Adv. for plff submitted that amended copy of plaint is served upon deft. No. 1.
Adv. for plff seeks time to serve upon deft. No. 2.
On oral request of advocate for plff adjd to 15/04/2020 for service of amended plaint upon deft. No. 2.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: As per Circular No. 70/2020 dated 31.03.2020 Court and office adjournment of cases in view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO-hence matter adjourn.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: Lockdown extended up to 3rd May 2020
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: Lockdown extended upto 17th May 2020
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: As per Office Order No. 83/2020 dated 01.06.2020 Adjournment of cases in view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: It appears that due to Covid-19, parties and advocates are absent. E.O Continue till next date Hence, adjd to
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: 25/06/2020 CORAM - HHJ SHRI. H. B. GAIKWAD (CR NO.8)
SU 1401/19
V. C. not working. Adv. N. B. Shukla for plaintiff present.
Adv. Sablani for deft. No. 1/MMC present. None for deft. No. 2.
Shrirang Dharmadhikari, Sub-Engineer, R/north ward present.
Advocate for plaintiff has tendered Registered N/M No. 952/2020 alongwith affidavit in support, t.o.r. The ld. adv. for plaintiff seeks time to take instructions.
On oral request of advocate for plff adjd to 02/07/2020 for filing affidavit.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: It appears that due to Covid-19, parties and advocates are absent. Earlier order, if any, to continue till next date. Hence, adjd
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: 04-02-2021 CORAM-H.H. ADDL SESSIONS JUDGE SHRI S.S.OZA (CR.08)
SU 1401/19 (N/M 135/2020, N/M 952/2020)
Plaintiff and Adv. for plaintiff absent.
Adv. Santosh Mhatare for deft./MMC present.
Applicant in Ch/s no. 660/19 are absent.
Adj. to 19-03-2021 for N/M hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: 19-03-2021 CORAM-H.H. ADDL SESSIONS JUDGE SHRI S.S.OZA (CR.08)
SU 1401/19 (N/M 952/2020, N/M 135/2020)
As court is busy in recording evidence in S.C 290/17, dictating accused statement in S.C 209/14, hearing N/M and ch/s in old matters, hearing M.A, B.A, passing order in N/M and ch/s. For want of time board discharged and adjourned. Earlier order, if any, to continue till next date.
Adj. to 09-06-2021 for N/M hearing
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: In view of office order no.100/2021, dated 04.06.2021 in continuation of office order No. 81 of 2021, pursuance of direction of Hon''ble High court vide letter no. insp./27/2021 dated 29.03.2021 making applicable the circular dated 04.06.2021 only urgent matters are taken up for hearing. Hence rest of board is discharge and adjourned. Earlier order, if any, to continue till next date.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: 22-07-2021 CORAM-H.H. ADDL SESSIONS JUDGE SHRI S.S.OZA (CR.08)
SU 1401/19 (NM 952/2020, NM 135/2020)
In pursuance of the directions of the Hon\''ble High Court, vide circular dated 09.06.21 and this office issued officer order no. 106/21 dated 14.06.2021 and Order no. 131/21 dated 02.07.2021 of City Civil and Sessions Court, Bombay and in view of the order (Level or Restrictions for Safe Maharashtra) No. DMU/2020/CR.92 / DisM-1 dated 25.06.21 and office order no. 106/21 remain in force until further order. Hence, only urgent matters are taken up for hearing. Hence rest of board is discharge and adjourned. Earlier order, if any, to continue till next date.
Adj. to 20/09/2021 for NM hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: 20-09-2021 CORAM-H.H. ADDL SESSIONS JUDGE SHRI S.S.OZA (CR.08)
SU 1401/19 (NM 952/2020, NM 135/2020)
As court is busy in hearing old part heard matter, passing order in N/M and ch/s, recording evidence in S.C 90/16. For want of time board is discharge. Earlier order, if any, to continue till next date.
Adj. to 12-11-2021 for NM hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: As court is busy in hearing urgent preceipe matters, hearing old part heard matters , dictating and passing order in ad-interim matters, ch/s and N/M. For want of time matter is adjourned. Earlier order, if any, to continue till next date. LO Adv. Santosh Mhatre for defendant/MMC present.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: 22-12-2021 CORAM-P.O. IS ON LEAVE (CR.08)
SU 1401/19 (N/M 952/2020, N/M 135/2020)
P.O. is on leave, hence matter is adjourned to 28-02-2022 for N/M hearing.
Earlier order, if any, to continue till next date by order.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: 33
28-02-2022 CORAM-H.H. ADDL SESSIONS JUDGE SHRI H.B. GAIKWAD (CR.08)
SU 1401/19 (N/M 135/2020, N/M 952/2020)
As court is busy in hearing in B.A., A.B.A, urgent and other old matters, hence, due to paucity of time rest of the board is discharged and matter is adjourned to 29-06-2022 for N/M hearing. Earlier order, if any, to continue till next date.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: 29-06-2022 CORAM-P.O IS ON LEAVE (C.R.NO.8)
SU 1401/19 (NM 952/2020, NM 135/2020)
As P.O. is on leave, hence, matter is adjourned.
Adj. to 19-09-2022 for NM hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: 19-09-2022 CORAM-HHJ SMT. V.D.INGLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.8)
SU 1401/19 (N/M 952/2020, N/M 135/2020)
As court is busy in hearing BA and ABA matters, urgent ad-interim matters, preceipe matters matters and hearing old and urgent civil matters, due to paucity of time, board is discharged and matter is adjourned. Earlier order, if any, to continue till next date.
Adj. to 24-11-2022 for N/M hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: As P.O is on leave hence matter is adjourned.
Adj. to 21.12.22 for N/M hearing.
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: 53
21-12-2022 CORAM-HHJ SHRI. A.A. AYACHIT, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.8)
SU 1401/19 (n/m 952/20, 135/20)
Advocate P. Shukla for plaintiff present.
Advocate Santosh Mhatre for defendant/MMC present.
Ld. advocate for plaintiff requested for adjournment. Adjournment granted.
Adj. to 15-02-2023 for n/m for hearing
Next Purpose: NOTICE OF MOTION FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: 51
15-02-2023 CORAM-HHJ SHRI. A.A. AYACHIT, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.8)
SU 1401/19 (N/M 952/2020, N/M 135/2020)
Advocate N.B. Shukla for plaintiff present.
Advocate Mhatre alongwith advocate Sardar for defendant/MCGM present.
Plaintiff advocate submitted that the building is already demolish. Defendant advocate submitted that Notice of Motion have been rejected by this court. It is dilapidated condition building which is demolished. As such the ld. Advocate for both parties submitted that cause of suit does not survive hence, I pass the following order :
(I) Suit No. 1401/19 is disposed off.
(ii) Notice of Motion No. 952/2020 and Notice of Motion No. 135/2020 are disposed off being suit is disposed off.
(iii) Parties to bear their own costs.
(iv) Proceeding is closed.
Nature Of Disposal: DISPOSED OF OTHERWISE
Disposal Date: 15-02-2023
