Date: 25-09-2023
Business: 25-09-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
Plaintiff present.
Adv. for plaintiff absent.
Adv. Botlawar for deft./ MCGM present.
Adv. Sarvesh Tripathi for contemptnor no. 4 and 5 present.
KB LO
Adv. Vyas for deft/ MCGM present.
Plaintiff filed affidavit in reply to N/m. TOR
Adv. for deft/ MCGM tendered registered N/m. No. 3272/23 along with affidavit. TOR
Adj. for RE to 04-10-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: 04-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
None present for plaintiff
Adv. Botlawar for deft./ MCGM present.
Adv. Mugddha Shetty for contemptnor no. 3 present.
Adv. Chandani Kazi for contemptnor no. 4 and 5 present.
KB LO
Adv. Bibhishan Sutar for deft/ MCGM present.
Adv. for deft/ MCGM has filed affidavit in rejoinder to N/m. no. 3272/23. TOR
Adj. for RE to 07-10-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: 07-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
Daughter of plaintiff present.
Adv. for plaintiff absent.
Adv. Vyas for deft./ MCGM present.
Adv. For contemptnor no. 3 absent.
Adv. Sarvesh Tripathi for contemptnor no. 4 and 5 present.
KB LO
Adv. Akhilesh Upadhyay for plaintiff present.
Adv. Mugddha Shetty for contemptnor no. 3 present.
Rest of the appearance is same.
As the Court is busy in hearing and dictating orders in A.B.A. 1449/23 and 1343/23 matter is adj.
Adj. for RE to 10-10-2023 (Morning Session)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: 10-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
None present for plaintiff
Adv. Nandanwar for deft./ MCGM present.
KB LO
Plaintiff present.
Adv. Akhilesh Upadhyay for plaintiff present.
Adv. Vyas for deft/ MCGM present.
Partly heard adv. for deft/ MCGM and adv. for plaintiff on N/m. no. 3272/23
Adj. for RE to 12-10-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: 12-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
None present for plaintiff
Adv. Nandanwar for deft./ MCGM present.
KB LO
Daughter of plaintiff present.
Adv. Vyas for deft/ MCGM present.
At the request of adv. for deft/ MCGM matter is adj.
Adj. for RE to 18-10-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: 18-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
Daughter of plaintiff present.
Adv. for plaintiff absent.
Adv. Vyas for deft./ MCGM present.
Exh- 9 A Adv. for deft/ MCGM has filed additional W/st. TOR
Copy supplied to daughter of plaintiff.
Adj. for N/m. no. 3272/23 order to 21-10-2023
Next Purpose: NOTICE OF MOTION FOR ORDERS
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: 21-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
Daughter of plaintiff present.
Adv. Akhilesh Upadhyay for plaintiff present.
Adv. Nitesh Visaria h/f Adv. Darmesh Vyas for deft./ MCGM present.
Adv. Nandanwar for deft/ MCGM present.
As Court is busy in dictating order in N/m. no. 1239/2023 in Civil Suit no. 869/23. Hearing argument in suit no. 286/23 and 2492/23. Hence, paucity of time matter is adj. for order.
Adj. for N/m. order to 25-10-2023
Next Purpose: NOTICE OF MOTION FOR ORDERS
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: 25-10-2023 CORAM-HHJ SHRI. D.G.DHOBLE, CITY CIVIL COURT AND ADDL. SESSIONS JUDGE (C.R.NO.7)
SU 1185/11
Daughter of plaintiff present.
Adv. for plaintiff absent.
Adv. Vyas with Adv. Botlawar for deft./ MCGM present.
Adv. Chandani Kazi h/f Adv. C. K Tripathi for Contemptnor no. 4 and 5 present.
Mr. Mahesh Sable, S.E. (B and F) present.
KB LO
F.R.S.R. following order is passed.
ORDER
1. The Notice of Motion No. 3272 of 2023 is partly allowed.
2. The temporary injunction order granted in favour of the plaintiff against defendant dated 18/03/2015 passed by this Court is set aside to the extend that the defendant is no longer restrained from carrying out the work of road widening infrastructure project within the affected area of suit premises.
3. The defendant is directed that while acquiring the suit premises of the plaintiff for infrastructure project, the defendant shall adhere strictly to the policy decision and procedures for determining the eligibility and non-eligibility of suit structure of plaintiff located within the project area for compensation.
4. The plaintiff shall be entitled to resolve the dispute or grievances arising in the process of determining eligibility or compensation in accordance with the dispute resolution mechanism stipulated in the policy and under the applicable laws.
5. The Notice of Motion No. 3272 of 2023 stands disposed off accordingly.
KB LO
Exh- Adv. for deft/ MCGM has filed list of documents. TOR
Adj. for N/m. hearing to 09-11-2023
Nature Of Disposal: ALLOWED
Disposal Date: 25-10-2023
