Mr. Liyaqatail s/o. Mohamedali Patankar +4 moreVsM/s. BSB Developers And Ors +2 more

Date: 24-01-2019
Business: None for plaintiff.
None for defendant.
Matter adj. for NM Hearing to 23.04.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adjd. to 12.7.2019 for N/M Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Matter stands Adj for reply to NM on 08.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant no. 1 to 3 present and filed WS.
Heard Ld. counsel for both sides.
Ld. counsel for plaintiff submitted that there is some delay in filing WS. Hence, some cost may be imposed. Ld. counsel for defendant submitted that he is adopting his WS as Say to the NM no. 149/19. Delay if any in filing WS is not intentional. Hence, cost may not be imposed.
In view of the above submissions, the WS of defendant no. 1 to 3 is taken on record by condoning delay, if  any, without cost and treated as say on NM no. 149/19. Copy of WS is served on the other side.
Written statement on behalf of defendant no. 1 to 3
Matter stands Adj for framing issues to 18.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Plaintiff present.
Adv. Mahamuni h/f adv. Kadu for plaintiff present.
Representative of defendant present.
Keep back
Later on
Adv. Kadu for plaintiff present and filed original Writ of summons
Adv. Wasim Shaikh for defendant present.
Heard ld. counsels for both the sides for some time on NM 149/19.  In the course of arguments Ld. counsel for defendant submitted that he is ready to produce the letter of allotment of two flats to the plaintiff as per conveyance. Time granted.
On oral request, Matter stands Adj for production of allotment letter and further hearing on NM no. to 149/18 to 10.10.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: None present for plaintiff.
Adv. Wasim Shaikh for defendant present.
Heard Ld. counsel for defendant and he submitted that he wants time to produce the allotment letter, as stated on the last date. Time granted.
Matter stands Adj for NM hearing to 09.12.19.
Later On.
Adv. Kadu for plaintiff present and requested for preponing the hearing on NM on the graound of urgency. He undertook to intimate the date to the Ld. counsel for defendant.
Matter stands preponed to NM hearing to 15.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Kadu for plaintiff present.
Adv. D\''silva for defendant present.
Heard both sides.
Ld. counsel for defendant seeks time for production of documents on the ground that his senior is not available and this fact was intimated to the other side counsel on 06.11.19 itself. Ld. counsel for plaintiff submitted that only documents is to be produce. Defendant is delaying the matter.
After hearing both the sides, adjournment granted as prayed by the defendant as last chance.
Matter stands Adj for NM hearing to 20.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present and filed draft NM along with affidavit. Leave granted to register draft NM. He undertakes to serve the copy on other side by next date.
Heard both sides.
Adv. Shaikh produced the documents dated 20.12.2010. Copy given to the other sides.
Matter stands Adj for further hearing on NM no. 149/19 and for filing reply to draft NM to 06.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. Kadu for plaintiff present and seeks time to file reply to NM. Time granted.
Adv. Wasim Shaikh for defendant present and filed original Nm no. 4449/19 along with affidavit.
Matter stands Adj for filing reply to NM on 13.01.2020.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. Shashikala Mahamuni for plaintiff present and filed reply to NM No. 149/19. TOR. Copy served to other side.
Adv. Wasim Sheikh for defendant present.
Heard ld advocate for deft on NM No. 4449/19.
Matter stands Adj for Order on NM No. 4449/19 to 27.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Mahamuni for plaintiff present.
Adv. Mujtaba Rizvi for defendant present.
  FRSR following order is passed on NM no. 4449/19
                                  ORDER
1.Notice of Motion no. 4449/19 is hereby dismissed and disposed of accordingly.
2. The suit shall proceed further for trial and disposal according to law.
Matter stands Adj for hearing on Nm to 12.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
Matter stands Adj for hearing on NM to 09.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Advocate M.S.Kadu for Plaintiff present.
Advocate Wasim Shaikh for defendant present and submit that order dated 27.01.2020 dismissing NM 4449/19 is set aside in Review Petition No.25/20.
Perusal of order in Review Petition 25/20 reveals that order dated 27.01.2020 is set aside.
Advocate for defendant not pressed NM No.4449/19. Hence it is disposed of.
Advocate for Plaintiff sought time.
The case is adjourned to 02.03.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Advocate Ms.Shashikala Mahamuni h/f adv. M.S.Kadu for plaintiff present and seeks time on the ground that adv. Kadu is not feeling well.
None for defendant.
The case is adjourned to 12.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Declared holiday as per office order 78 of 2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 03.31 p.m.
Adv. Shashikala Mahamuni for plaintiff present.
None present for defendant.
Matter stands adjourned to 22.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Matter called out at 3.18 p.m.
Adv. M. S. Kadu for plaintiff present.
Representative of Defendant present. She is seeking time on the ground that her advocate is held up in another court. Time granted by way of last chance.
Matter stands adjourned to 20.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Matter called out at 3.11 p.m.
Adv. M. S. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present.
At the request of plaintiff, matter stands adjourned to 31.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Matter called out at 3.15 p.m.
Plaintiff absent.
Adv. Vasim Shaikh for defendant present.
Matter stands adjourned to 27.07.2022 for NM hearing.
Later on at 3.21 p.m.
Adv. M. S. Kadu for plaintiff present.
Already adjourned to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: NOBTOB
Moved by praecipe. Allowed.
Matter mentioned at 11.42 a.m.
Adv. Shashikala Mahamuni for plaintiff present.
kept back.
Matter mentioned at 2.49 p.m.
Adv. Shashikala Mahamuni for plaintiff present.
Adv. Vasim Khan for defendants present.
Plaintiff seeking preponement of the matter, defendant has no objection.
Matter stands adjourned to 13.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. M. S. Kadu for plaintiff present.
Deft. no.3 in person present. He is seeking time. Time granted.
Matter stands adjourned to 04.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. M. S. Kadu a/w Shashikala Mahamuni for plaintiff present.
Deft. no.3 in person present.
Matter stands adjourned to 03.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. M. S. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present.
Issues framed below Exh.04.
ISSUES
1.Does the plaintiffs prove that the defendants are not performing their part of contract within stipulated time
2.Does the plaintiff prove that the defendants are intending to dispose of the suit property
3.Does the plaintiff prove that the defendants have agreed to give two flats after re-development of suit property
4.Whether the suit is within limitation
5.Whether this court has jurisdiction to try and decide the suit
6.Are the plaintiffs entitled for the reliefs sought
7.What order and decree
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
NM tagged with suit.
Matter stands adjourned to 29.09.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Shashikala Mahamuni for plaintiff present. She is seeking time. Time granted.
Representative of defendant in person present.
Matter stands adjourned to 19.12.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Plaintiff No.2 in person present. He is seeking time. Time granted.
Plaintiff No.1 a/w Adv. Shahikala Mahamuni Present. She tendered evidence affidavit in examination of chief and list of documents. TOR. Exh- 05 and 06.
Adv. Wasim shaikh for defendant present.
Copy served to other side.
Matter stands adjourned on 30.03.2023 for reply on document.
Next Purpose: REPLY
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Daughter of plaintiff a/w Adv. Shashikala Mahamuni present.
None present for defendant.
Advocate of plaintiff submitted that the Notice of Motion is already tagged with the suit hence, considering her submission Notice of Motion No.149/2019 stands disposed off.
NM No.149/2019 is disposed off accordingly.
Matter stands adjourned on 22.06.2023 for recording evidence.
Nature Of Disposal: OTHER
Disposal Date: 30-03-2023

Main Case No: SUIT/0100008/2019
Main Cnr: MHCC010054912018
Main Filing No: 111447

Filing Number: 100460/2019
Filing Date: 11-01-2019
First Hearing Date: 24th January 2019
Decision Date: 30th March 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE