Date: 28-01-2020
Business: court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: national lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Date: 12-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. to 25.2.2021 for Ch/sum reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Matter is adjd. to 09.04.2021 for reply on Ch/sum No.22/20.
Next Purpose: C/S REPLY
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 9.06.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and NM No.1621/2018 (SU No.1542/2017) order and inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 08/11/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv Sonal Jhaveri present for the plaintiff.
Adv Sayyad for defendant nos.5 to 7 present.
As Court is busy in hearing arguments on St.11239/21 and St.6029/21. Hence, board is discharged.
Matter is adjd. to 20.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 02.03.2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Smt. Sonal Jhaveri, plaintiff in person present.
Adv.Mangal Kadam for defendant Nos. 3 and 4/MHADA present.
Adv. Mr. Rahul Singh for defendant Nos. 5 to 6 present.
Advocate for defendant Nos. 5 and 6 as well as for defendant Nos. 3 and 4 seek time to file reply. Time is granted as last chance.
Matter is adjd. for ch/s reply on 18-04-2022
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: CA of plaintiff no. 2 Arvind Zaveri present.
Adv.Mangal Kadam for defendant/MHADA present.
Adv. Chandramore for BMC present.
Ld. Adv. for MHADA and BMC seeks time to file reply.
Ld. Adv. Pooja Shivtarkar for defendant nos. 5 to 7 present and seeks time to file reply.
The CA for plaintiff no. 2 opposes for the same. Time is granted in the interest of justice with direction to the concerned defendats to provide copy of reply to plaintiffs in advance so that Ch/s can be heard on next date. If these defendants failed to file reply, the Ch/s shall proceed for hearing without reply of the defendants on next date.
Matter is adjd. to 21-06-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Court is busy in hearing N/m in SU 2042/19. Hence, board discharged.
Matter is adjd. to 18-08-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: As court is busy in hearing notice of motion bearing no. 2661/2021 in Suit No 1513/2022 hence discharged.
Matter is adjd. to 10.10.2022 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Plaintiff No. 2, in person present.
Adv. Iftekhar Sayed h/f Adv. Rajesh Singh for defendant No.5 to 7 present.
Adv.Chandramore for defendant/BMC present.
Perusing record, it appears that the sufficient opportunities have been given to Defts to file reply on ch/s. It is pending for ch/s reply since 28.01.2020. Hence no reply order is passed against Defts.
Matter is adjd. to 30.11.2022 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Plaintiff no.2 in person present.
Adv. Mangal Kadam for defendant no. 3 and 4/MHADA present.
Matter is adjd. to 21.01.2023 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Plaintiff no. 2 in person present.
None present for defendant.
KB for order.
Heard Plaintiff no. 2 in person.
Read the Chamber Summons No. 0100022/2020. No say filed by the other party. The plaintiff no. 2 have filed this Chamber Summons to amend the plaint. She submitted that plaintiff have filed this suit for declaration and injunction against defendant. The Defendant Nos. 8 and 9 made party in this proceeding as per order passed in Chamber Summons that was challenged by the plaintiff. The Hon. High Court in appeal from order no. 1013/2015 and observed that merit of claim of both parties i.e Plaintiff and Defendant Nos. 8 and 9 would be considered together on merit at the time of deciding the entire dispute that is after trail of the suit. Therefore, the plaintiff carried out amendment and join the Defendant Nos. 8 and 9 party in this proceeding. Therefore, after amendment the explanation are necessary to be explained in the plaint by carrying out amendment related to the said subsequently added party. If the amendment is carried out no harm will be caused to the other party. She further submitted that to avoid the multiplicity of proceeding permitted to carry out the amendment.
I have gone through the pleading in the Chamber Summons and the schedule annexed to the Chamber Summons, It appears that the Plaintiff wants to carry out amendment in the plaint in respect of Defendant Nos. 8 and 9 and add some additional pleading after joining the Defendant Nos. 8 and 9. If the plaintiff permitted to carry out the amendment, it will not change the nature of the suit. The proposed amendment is helpful to decide the matter on merit. Hence, to avoid the multiplicity of proceeding and final adjudication of the case the application is required to be allowed. The plaintiff relied on Baburao Patil V/s Kalavati Sathawane reported 2019 (4) Mh.L.J)
The Hon\''ble Lordship observed that not only multiplicity of litigation be avoided but the entire dispute between the parties and real questions in controversy would be decided expeditiously in the present suit itself.
Considering, the nature of the amendment and the nature of the suit it will better to allowed the Chamber Summons No. 0100022/2020 to carry out amendment. It will help to decide the matter on merit. Therefore, to avoid the multiplicity of proceeding the Chamber Summons No. 0100022/2020 is hereby allowed. Plaintiff is directed to carry out amendment on or before next date.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2023
