Order Details: Notice of Motion Pdf Text: 1 O in NM 76119 in SCSU 39719 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER IN APPLICATION FILED BY DEFENDANT Nos.1 TO 4 IN NOTICE OF MOTION NO.761 OF 2019 IN S.C. SUIT NO.397 OF 2019. (CNR No.MHCC010005222019) Mr. Nisar Ahmed Mohammed Shaikh }...PLAINTIFF. Versus The Mumbai Housing & Area } Development Authority(MHADA) & Ors. }...DEFENDANTS. Smt.Sarita Donde, learned advocate for the plaintiff. Smt.V.S.Prabhu, learned advocate for defendant/MHADA. CORAM : HIS…
SUIT - SHORT CAUSE CIVIL SUIT
Nisar Ahmed Mohammed ShaikhVsMHADA +3 more
CNR MHCC0100052220198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100397/2019
- Registration Date
- 13 Feb 2019
- Next Hearing Date
- 28 Sept 2026
- Case Stage
- FRAMING ISSUES
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Petitioner
Respondent
Acts & Sections
2Hindu Marriage Act · Sec 38 · 39
Protection of Women from Domestic Violence Act · Sec 2 · Order 39 · Rule 1
Case History / Proceedings
Case History
Date: 26-02-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Prabhu for defendant nos.1 to 4/MHADA present.
Advocate for plaintiff tendered list of documents Exh.7 with documents. O-Be filed. Copies be given to otherside.
Say filed by advocate for defendants on application Exh.5 itself.
Order on Exh.5- Heard. Considering the fact that only date is sought to be changed, allowed to carry out the amendment. Amendment be effected forthwith.
Adjd. to 27.02.2019 at 12.30 pm for argument in NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Prabhu for defendants present and submitted that she is ready to argue NM No.761/2019 finally without filing reply on the basis of the documents filed with Exh.6 hence, said notice of motion is taken up for final decision by consent.
Extensive arguments of both the parties are heard in NM NO.761/19. It is already 5.45 pm hence, by directing the parties to maintain statesquo as regards possession of plaintiff over the suit premises described in the plaint till next date, the matter is adjourned for final order in NM 761/19 to 06.03.2019.
Next Purpose: ORDER
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Prabhu for defendant/MHADA present and filed one authority. Matter was for order in NM today. However, as advocate for defendant /MHADA has cited authority today, it is necessary to hear advocates for both the parties on the law points involved in the said authority which, according to learned advocate for defendant/MHADA are applicable in this matter. It is already 5.55 pm as this court was busy in hearing argument in other matters, this matter is adjourned for further argument on law point to 08.03.2019.
Earlier order, if any, to continue till next date.
Next Purpose: ORDER
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Prabhu for defendant/MHADA present.
Advocate for plaintiff tendered rejoinder in NM 761/19 . She also filed list of documents alongwith three documents.
Advocate for defendant/MHADA seeks time to file affidavit, if required, in respect of the rejoinder and additional documents produced by plaintiff today.
On her request, matter adjourned by consent to 29.03.2019.
Earlier order to continue till next date.
Next Purpose: FOR___________________
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: adjourned to 23.04.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Sunita h/f Adv. Prabhu for defendant nos.1 to 4 present and seeks adjournment.
BY consent, adjourned to 27.06.2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Ms. Madhavi Mahadik h/f adv. Ms. Sarita Donde for the Plaintiff present.
Tendered draft Ch/s alongwith affidavit in support of Ch/s taken out by plaintiff. t.o.r.
O- Leave is granted to register.
Adv. Ms. Prabhu for Defendant no. 1 to 4 present.
Earlier order to continue till next date.
Matter is adjd. to 22.7.2019 for reply to Ch/s and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Sarita Donde for the Plaintiff present.
Adv. Ms. Prabhu for Defendant no. 1 to 4 present.
Adv. for plaintiff tendered original chamber summons no. 1229/19 TOR.
Earlier order to continue till next date.
By consent matter is adjd. to 09.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Ms. Donde for the Plaintiff present.
Adv. Prabhu for MHADA Defendant present.
As court is busy in hearing arguments in other matters on board. Hence, remaining board discharged.
Earlier ad interim order be continued till next date.
Matter is adjd. to 24.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Sarita Donde for the Plaintiff present.
Adv. Prabhu for MHADA Defendant no. present.
As the Court is busy in dictating Judgment, orders and other matters on board, hence board is discharged.
Earlier ad interim order be continued till next date.
Matter is adjd. to 15.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv.Sarita Donde for plaintiff present.
Adv. for defendant present.
Adv.Ms.Prabhu for MHADA/deft.No.1 to 4 Present.
Earlier Ad-interim order, if any be continued till next date.As As court is busy in hearing urgent matters.Hence, Board is discharged.
Matter adj for NM hearing to 09.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjourned for NM hearing to 14/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: C.A of plaintiff Mr. Chandrakant Gaikwad is present. Advocate is absent.
Adv. Prabhu for defendant no.1 to 4 is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for NM hearing / dismissal to 22.01.2020.
L.O. at 4.25 p.m.
Adv. Prabhu for defendant No.1 to 4 present
Adv. Madhavi Mahadik h/f Adv. Sarita Donde is present. By concent, matter is fixed on 30.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Earlier Order to be continue till next date.
Matter is adjd. to 28.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for the plaintiff.
None for the defendant.
Matter is adjd. to 02.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Ms. Mahadik h/f Adv. Vaidya for the plaintiff.
Adv. Mangal Kadam for the defendant No.1.
Advocate for the plaintiff filed application for extension of ad-interim relief. O- Other side to say.
Say filed by advocate for the defendant No.1.
ORDER
The ad-interim relief which was in existence till 18/03/2020. However, on 18/03/2020, ad-interim relief was not extended. As per the order dated 09.12.2020, in Suo Motu Writ Petition (ST) No. 93432 of 2020, the Hon\''ble Bombay High Court had extended the protective order restraining public authorities from giving effect to the order of demolition till 31.01.2021. The ad-interim relief granted in favour of the plaintiff in this suit was not against demolition the suit property. Even otherwise, the ad-interim injunction granted to the plaintiff stood automatically vacated on 01.02.2021. Today, the ad-interim relief is not in existence. Hence, the question of extension of ad-interim relief does not arise. Accordingly, the application stands rejected. The advocate for the plaintiff may argue the notice of motion on merits.
Matter is adjd. to 08/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 02.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Plaintiff present.
Advocate for plaintiff absent.
Adv. Mangal Kadam for defendant No.1 present.
Matter is adjd. to 22/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: None present.
Matter is adjd. to 31.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 11.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. Madhuri mahadik hf adv. Sarita dhonde present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for nm hrg. To 17/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: By praecipe matter taken on board.
Adv. Ms. Sarita Dondale for plaintiff is present and tendered draft NM alongwith affidavit. TOR. Leave is granted to register till next date. She also tendered affidavit of service of NM to both the defendants.
Adv. Ms. Mangal Kadam for defendant is present and sought time to file reply.
Advocate for defendant on instruction from the defendants made statement that till filing of reply defendant will not implement Order dated 21.04.2022. The above statement is accepted.
Matter adjourned for NM reply/NM argument to 05.05.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Sarita donde present for plaintiff and he tendered original registered Notice of Motion No. 1730/2022 @ affidavit. t.o.r..
She also tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Mangal Kadam present for defendants/MHADA and submitted that, she don\''t want to file reply to the nm no. 1730/2022.
kb.
l.o. at 05.01 pm.
ld. adv. For plaintiff pressed for grant of ad-interim relief in terms of prayer clause (a) and (b) .
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants.
Adv. For plaintiff on instructions of defendant made statement that, till tomorrow defendant will not implement notice/order. The above statement is accepted.
Matter adjourned for order as to ad-interim relief on nm no. 1730/2022 to 06/05/22.
Next Purpose: ORDER
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: Adv. Sarita Donde present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
F.R.S.R. following order as to ad-interim relief is passed on Notice of Motion No. 1730/2022.
ORDER
1) Prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) of the notice of motion no. 1730/2022 is dismissed.
Adv. Donde present for plaintiff and she tendered application for staying the order dismissing ad-interim relief for two weeks. t.o.r marked as Exh. 08.
Adv. For defendant filed say on Exh. 08 Itself.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants 01 and 04 on Exh. 08.
Following order is passed on Exh.08.
ORDER- Perused the application, say of the defendant and record. Heard both the sides.
From the matter on record it appears that, after hearing the parties today, court dismissed the prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) of notice of motion no. 1730/2022. There is no executable order passed today. It appears that, no ad-interim order is continuing today. No question of earlier order or to stay the effect and operation of today\''s order. Therefore, application Exh. 08 is rejected.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for nm hrg. To 24/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None present for plaintiff.
None present for defendant.
Mr. Chandraant Gaikwant POA of plaintiff is present and sought adjournment.
Adv. Mangal Kadam for defendant no.1/MHADA is present.
Matter adjourned for NM hearing to 27/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Sarita donde present for plaintiff and submitted that, appeal is preferred in high court against ad-interim order and sought adjournment.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 23/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: None present for plaintiff.
Adv. Redekar present for applicant in draft CS and tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Redekar tendered vakalatnama on behalf of applicant in draft CS t.o.r marked as Exh. 11.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing and service and reply to cs to 27/09/22.
l.o. at 03.33 pm.
Adv. Sarita donde present for the Plaintiff and received the copy of chs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Sarita donde present for plaintiff and sought adjournment.
Adv. redelar present for applicant and he tendered original registered Chamber Summons No. 1282/2022 @ affidavit. t.o.r.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for reply to cs to 19/10/22.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Sarita donde present for plaintiff and tendered affidavit in reply to chs. no. 1282/22 t.o.r..
copy served to the advocate for the applicants.
Adv. Redekar present for applicant in chs. no. 1282/2022.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for hearing on chs. 1282/22 To 11/11/22.
Next Purpose: C/S REPLY
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Redekar present for applicant in cs 1284/2022 and sought adjournment.
Adv. Ravindra singh present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
Matter adjourned for cs hearing to 24/11/22.
Next Purpose: C/S HEARING
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Sarita donde present for plaintiff and sought adjournment.
Adv. Redekar present for applicants in chs. 1282/2022.
None present for defendant.
Matter adjourned for cs hearing to 01/12/22.
Next Purpose: C/S HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv Sarita Donde present for plaintiff.
Adv Redekar present for applicant in Chamber Summons no. 1282/2022
Adv Mangal Kadam present for defendants
Heard arguments of Ld. Advocate for applicants in Chamber Summons no. 1282/2022 and Ld. Advocate for plaintiff & defendants.
Matter adjourned for Order on Chamber Summons no. 1282/2022 to 08.12.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. sarita donde present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
Adv. Redekar present for applicant in chs. no. 1282/2022.
As court is busy in dictating judgment in suit no. 689/202 recording evidence in 2399/2011 and order on nm no. 2770/2022 in suit no. 1315/21. Hence, Matter adjourned for cs order to 15/12/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Sarita donde present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
None present for other applicants in chs. no. 1282/2022.
As court is busy in hearing arguments on nm in suit no. 725/19.
Matter adjourned for order on cs to 20/12/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Redekar present for applicant in chs. no. 1282/2022.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
None present for other defendants.
F.R.S.R. following order is passed on Chamber Summons No. 1282/2022.
ORDER
1) Chamber Summons No. 1282/2022 is made absolute.
2) Plaintiff shall carry out the necessary amendment to the plaint for joining applicant as a party defendant no. 05 in the suit within 14 days from the date of this order.
3) Chamber Summons No. 1282/2022 is disposed off accordingly.
Matter adjourned for compliance to 16/01/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv Sarita Dhonde for plaintiff present and sought extension of time for compliance of order passed on Chs. no. 1282/22 on dtd. 20.12.2022.
Adv Redekar for applicant present in ch/.s no. 1282/2022.
Adv Mangal Kadam for defendant no. 1 to 4 present.
O- Considering the submission of advocate for plaintiff time for compliance of order in Ch/s No. 1282/2022 dtd. 20.12.2022 is a last on further 14 days from today as a last chance.
Matter adjourned for compliance to 30-01-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Sarita donde present for plaintiff and submitted that, order is complied.
Adv. Mangal Kadam present for defendant no. 01 to 04/MHADA.
Adv. Redekar present for defendant no. 05.
Matter adjourned for service of amended copy of plaint to 16-03-23.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv Sarita Dhonde present for plaintiff and submitted that amended copy is served today to the defendants.
Adv Mangal Kadam present for defendant nos. 01 to 04/MHADA.
Adv Redekar present for defendant no. 05.
Matter adjourned for reply to NM to 20.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. Sarita donde present for plaintiff.
Adv. Mangal Kadam present for defendant no. 1 to 4/MHADA and sought adjournment to reply.
Adv. Redekar present for defendant no. 5 and tendered WS of defendant no. 05.
Adv. For plaintiff has no objection for taking it on record. Hence, WS of defendant no. 05 is t.o.r. marked as Exh. 12.
copy served to the advocate for the defendant/MHADA and plaintiff.
Adv. For defendant no 05 submitted that, ws of defendant no. 05 be treated as reply to nm no. 761/2019 and nm no. 1730/2022.
Matter adjourned for nm reply to 19-06-23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Sarita Donde present for plaintiff.
Adv. Redekar present for defendant No.5.
Advocate for defendant/MHADA absent.
Notice of Motion No.1730/2022 and Notice of Motion No.761/2019 shall be heard without reply of defendant/MHADA.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 01.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. Kedar Prabhu h/f. Adv. Donde present for plaintiff. He prayed for adjournment. Adjournment is granted as last chance.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Not on board taken on board.
Writ received form Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 in Appeal from Order No.507 of 2022 with Interim Application No.3173/2022 vide A.O.Civ. No.C0801887/2023 dated 06.09.2023 vide City Civil Court Inward No.11112/2023 dated 13.09.2023.
Order.
Coram Sandeep V. Marne, J.
Dated 30th August, 2023.
P.C.
Due to paucity of time, stand over to 15.09.2023. Interim order, if any, to continue till then.
Matter is already adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 17.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.01.2024.
Later on at 04.56 p.m.
Adv.Kedar Prabhu h/f. Adv. Donde present for plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Not on board taken on board.
Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No.C0802204 of 2023 dated 06.10.2023 in Appeal from Order No.507 of 2022 with Interim Application No.3173 of 2022 vide A.O.Civ. No.C0802560/2023 dated 30.10.2023 vide City Civil Court Inward No.14075 of 2023 dated 23.11.2023.
Order
Coram Sandeep V. Marne J.
Date 17th October, 2023.
P.C.
Due to pauticy of time, stand over to 11.12.2023. Interim order, if any, to continue till then
Matter is already adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Adv.Kedar Prabhu h/f. Adv. Donde present for plaintiff. He soughts an adjournment. Adjournment is granted.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 29.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Leave extended till next date for register chamber summons which was tendered by tendered by plaintiff on 05.05.2022.
Order on Chamber Summons No.1229 of 2019
Perused chamber summons, reply of defendant Nos.1 to 4. heard learned counsel of plaintiff, defendant Nos.1 to 4 and learned counsel of newly added defendant no.5.
Heard learned counsels for all parties. This chamber summons is filed with intention to bring subsequent relevant events on record. It is contended that the plaintiff challenged notice dated 31.12.2018 by this suit. Subsequently on 22.02.2019 defendant nos.1 to 4 passed eviction order. Plaintiff desires to incorporate pleadings in respect of said eviction order and prayers against it. It is opposed on the ground that plaintiff took six months to file this chamber summons. Plaintiff could have filed chamber summons immediately after eviction order was passed.
Having considered rival contentions and facts of the case, the plaintiff desires to bring subsequent events on record with intention to avoid multiplicity of proceedings. It will not change nature of suit. Hence, it deserves to be allowed. Accordingly I pass following order
ORDER
1. Chamber Summons No.1229 of 2019 is allowed.
2. Plaintiff to carryout necessary amendment within four weeks.
3.Chamber Summons No.1229 of 2019 stands disposed off accordingly.
Matter adjourned for Compliance and Ch/s. Hearing to 15.02.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Adv.Sarita Donde present for plaintiff and tendered registered chamber summons No.195/2024
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5 and endorsed say on chamber summons No.195/2024 itself.
Matter adjourned for Compliance and Ch/s. Hearing to 05.03.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Compliance and Ch/s. Hearing to 07.05.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam present for defendant No.4/MHADA.
Matter adjourned for Compliance and Ch/s. Hearing to 01.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Not on board taken on board.
Writ received from Honble High Court in continuation of High Court writ A.O. Civ.No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No. C0801887 of 2023 datd 06.09.2023 in Appeal from Order NO.507 of 2022 with Interim Application No.3137 of 2022 vide A.O. Civ. No. C0802204/2023 dated 06.10.2023 vide City Civil Court Inward No.10944 dated 20.07.2024.
Order
Coram Sandeep V. Marne, J.
Date 15th September, 2023.
P.C.
Due to paucity of time, stand over to 17.10.2023. Interim order, if any, to continue till the.
Matter adjourned for Compliance and Ch/s. Hearing to 13.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam present for defendant No.1/MHADA.
On perusal of record, amendment is carried out as per order dated 29.01.2024 in Chamber summons No.1229/2019.
Order on Chamber Summons No.195/2024
Perused chamber summons, affidavit in support and say endorsed by defendant No.5. Heard learned counsel for plaintiff, defendant No.5 and Smt. Kadam for defendant No.1/MHADA.
Plaintiff desires to bring pleadings in respect of new notice issued by defendant/MHADA on 02.04.2022 on record. It is contention of counsel of plaintiff that, this amendment is necessary for judicious determination of this case.
Having considered submissions of both sides, I think this is a fit case to exercise discretion in favour of plaintiff. This amendment will not change nature of suit. It will not prejudice defendants. Hence, it deserves to be allowed. Accordingly I passs following order
ORDER
1) Chamber Summons No.195/2024 is allowed.
2) Plaintiff is allowed to proposed amendment within four weeks from today.
3) Chamber Summons No.195/2024 stands disposed off accordingly.
Matter adjourned for Compliance to 18.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: Adv.Sarita Donde present for plaintiff. She prays for time to carry out amendment.
Adv. S.S. Redekar present for defendant No.5.
On oral request of advocate for plaintiff, time is extended till next date to carry out amendment as per order dated 13.08.2024 in Chamber summons No.195/2024.
Matter adjourned for Compliance to 15.10.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: Adv. Ms. Sarita Donde present for plaintiff and tendered application for extentsion of time to carry out amendment as per Order dtd.13.08.2024 and appoint new CA. t.o.r. marked as Exh.13.
Adv. S.S. Redekar present for defendant No.5
O-Other side to say. Say given by Adv. defendant No.5 on Exh.13 itself.
Heard both the sides on Exh.13. O-Allowed.
Matter adjourned for Compliance to 14.11.2024.
Adv.Mangal Kadam for defendant/MHADA present.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: Adv. Kedar Prabhu present for plaintiff.s
Adv. S.S. Redekar present for defendant No.5.
On oral request of advocate for plaintiff, time is extended till next date to carry out amendmed as per order dated 13.08.2024 in Ch/s. No.195/2024.
Matter adjourned for Compliance to 02.12.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: Adv. Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam for defendant/MHADA present.
Matter adjourned for Compliance to 09.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: Adv. Sarita Donde for plaintiff present.
None present for defendants.
Ld. Adv. for plaintiff undertake to file amended plaint by next date. Time granted.
Matter adjourned for service of amended copy of plaint to 06.03.2025.
Next Purpose: SERVICE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Not on board, taken on board.
Received writ from Honble High Court in continuation of writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No.C08022004 of 2023 dated 06.10.2023 in Appeal from Order No.507 of 2022 vide A.O. Civ. No.C0800144/2025 datd 21.01.2025 vide City Civil Court Inward No.1944 dated 28.01.2025.
Order
Coram Sandeep V. Marne.
Dated 19th December, 2023.
P.C.
Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 18.12.2024. Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date.
Matter adjourned for service of amended copy of plaint to 06.03.2025.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: None present for plaintiff.
Adv. S.S. Redekar for defendant No.5 present.
Adv. Mangal Kadam for defendant/MHADA present.
Ld. Adv. for defendant No.5 points out that, plaintiff has carried out amendment in the plaint and therefore defendants needs to file additional written statement. However till date, plaintiff has not served copy of amended plaint on defendants.
It appears that, plaintiff has though carried out amendment, failed to tender copy of amended copy of plaint on record. On last date time was granted for the same, however plaintiff has not complied the same.
In view of the above, plaintiff to comply. If plaintiff fails to take proper steps, necessary orders in that regard will be passed.
Matter adjourned for compliance by plaintiff to 27.03.2025.
Later on at 04.10 p.m.
Adv. Sarita Donde for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Coram HHJ SMT. A.V. KASTURE, Judge, City Civil Court, Mumbai.(C.R.09) (Incharge of C.R. No.08)
Matter pertains to C.R. No.08
Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present. He tendered additional
written statement cum reply to NM No.761/2019 and NM
1730/2022. taken on record and marked as Exh.13.
Matter adjourned for NM Hearing to 07.04.2025.
I/c. Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Not on board, taken on board.
Received writ from Honble High Court vide A.O. Civ. No.
C0800864/2025 dated 27/02/2025 vide City Civil Court Inward
No.5675 dated 28.03.2025.
Order
Coram Gauri Godse, J.
Dated 10th February, 2025.
P.C.
1. Due to paucity of time the matter could not be taken up.
2. List he appeal on 4th April 2025. To be listed High on Board
under the caption for Admission.
3. If any ad-interim/interim relief is operating till today, the same
shall continue to operate till the next date. If ad-interim/interim
relief is granted not for a limited period, the same shall remain
unaffected.
Matter adjourned for NM Hearing to 07.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Adv. Kedar Prabhu for plaintiff present.
Adv. Redekar for defendant No.5 present.
Adv. Mangal Kadam for defendant/MHADA present.
Ld. Adv. for plaintiff tendered copy of amended plaint. Taken on
record. O-Filed.
By consent, matter adjourned for NM Hearing to 13.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2025
Date: 13-06-2025
Business: Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present.
Keep back.
Later on at 04.35 p.m.
Adv. Sartia Donde for plaintiff present.
Adv. Redekar for defendant No.5 present.
Notice of Motion No.761/2019 is not pressed for hearing, hence
disposed off with no order as to costs.
With consent, matter adjourned for Hearing on NM No.1730/2022
to 01.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Not on board, taken on board, Received writ from Honble High Court in continuation of High Court writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No. C0800564 of 2025 dated 27.02.2025 in Appeal from Order No.507 of 2022 with Interim Order No.3173 of 2022 vide A.O. Civ. No.C0801513/2023 dated 05.06.2025 vide City Civil Court Inward No.9807 dated 13.06.2025 along with copy of order datd 6th May 2025 in Appeal from Order No.507 of 2022 with Interim Application No.3173 of 2022 and Interim Order No.3173 of 2022 with Interim Application No.15851 of 2024 Coram Gauri Godse, J. Date 04th April, 2025. P.C. 1. Time to carry out amendment is extended by two weeks. 2. Learned counsel for the appellant seeks time on the ground that, advocate on record is unwell. 3. By way of last chance, list the appeal on 6th May 2025. 4. To be listed high on board in the caption of Admission. 5. It is clarified that that no further adjournment will be granted. 6. Ad-interim relief already granted to continue till the next date by way of last chance. Coram Gauri Godse, J. Date 6th May, 2025. P.C. 4. On 4th April 2025, also some advocate had appeared holding for advocate on record and sought time on the ground that the advocate on record is unwell. Considering the request made on behalf of the appellant on the ground of illness of the advocate on record for the appellant, by way of last chance, this appeal is adjourned to 9th June 2025 with a clarification that no further adjournment will be granted. 5. The pendency of this appeal and grant of ad-interim relief, shall not be construed as stay to the further proceedings in the pending notice of motion and the suit in the City Civil Court. The City Civil Court shall proceed with the hearing of the notice of motion as well as suit. 6. By way of last chance, ad-interim relief is extended till the next date.Matter is already adjourned for Hearing on NM No.1730/2022 to 01.07.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: Adv. Sartia Donde for plaintiff present.
Adv. Mangal Kadam for defendant Nos.1 to 4 present.
Adv. Redekar for defendant No.5 present.
Keep back.
Later on at 04.15 p.m.
Adv. Sarita Donde for plaintiff present and not pressed notice of
motion No.1730/2022 for hearing with liberty to file fresh. Hence,
Notice of Motion No.1730/2022 disposed off with liberty to file
fresh with no order as to costs.
Adv. Mangal Kadam for defendant Nos.1 to 4 present.
Adv. Redekar for defendant No.5 present.
Matter adjourned for draft issues to 05.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: Not on board, taken on board by praecipe Exh.14. O-TOBA.
Adv. Sarita Donde for plaintiff present and tendered draft NM along with affidavit in support. Leave granted to register NM.
Matter is already adjourned for draft issues to 05.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Not on board, taken on board by praecipe Exh.15.
Adv. Sarita Donde for plaintiff present and tendered registered NM No.3682/2025. Taken on record.
Adv. Redekar for defendant No.5 present.
Matter adjourned for NM service to 17.07.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present and filed pursis Exh.16. Taken on record. He requested to treat written statement and additional written statement as reply to NM No.3682/2025. Taken on record.
Matter adjourned for NM Hearing to 25.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2025
Date: 25-07-2025
Business: Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present.
With consent, matter adjourned for NM Hearing to 05.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2025
Date: 05-08-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: Adv. Sarita Donde for plaintiff present.
Adv. Mangal Kadam for defendant No.1 to 4/MHADA present and seek time. Time granted.
Adv. Redekar for defendant No.5 present.
Matter adjourned for NM Hearing to 13.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: Adv. Sarita Donde a/w. Adv. Kedar Prabhu for plaintiff present.
Adv. Mangal Kadam for defendant No.1 to 4 and 6/MHADA present.
Adv. Redekar for defendant No.5 present.
Heard partly argument on NM.
Matter adjourned for further hearing on NM to 14.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: Adv. Kedar Prabhu a/w. Adv. Sarita Donde for plaintiff present and filed notes of argument. Taken on record. Copy served on other side.
Adv. Mangal Kadam for defendant No.1 to 4 and 6/MHADA present.
Adv. Redekar for defendant No.5 present and filed compilation document along with list Exh.17. Taken on record.
Adv. for plaintiff and defendant No.5 made statement that, Appeal From Order bearing No.507 of 2022 filed against the order passed in Notice of Motion No.1730/2022 is pending before Honble High Court and further made it clear that, there is no stay for hearing of pending notice of motion no.3682/2025. Both the advocates has no objection for hearing. Hence, Notice of Motion No.3682/2025 is taken up for hearing.
Heard advocate for plaintiff and defendant No.1 to 4,5 and 6.
Matter adjourned for NM Order to 18.08.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: Adv. Kedar Prabhu for plaintiff present and filed pursis objecting the documents of defendant No.5. Taken on record and marked as Exh.18. Copy served on other side.
Adv. Mangal Kadam for defendant No.1 to 4 and 6/MHADA present.
Adv. Redekar for defendant No.5 present.
F.R.S.R. following order passed on Notice of Motion No.3682/2025
ORDER
1. Notice of Motion No.3682 of 2025 stands rejected.
2. Notice of Motion No.3682 of 2025 is disposed off with no order as to costs.
Judge
Adv. Kedar Prabhu for plaintiff filed application Exh.19 and sought protection for period of four weeks. It is submitted that, plaintiff is intending to challenge the order passed in NM No.3682/2015 before Honble High Court. The Ld. Adv. further pointed out that, the plaintiffs possession was protected by ad-interim order, however it was not continued during pandemic of Covid-19. The Ld. Adv. for MHADA also pointed out that, ad-interim relief came to be discontinued during pandemic of Covid-19. She would further submit that, no executable order is passed and therefore no relief can be granted in favour of plaintiff. The Ld. Adv. for defendant No.5 in addition would submit that, notice of motion is already rejected and no protection can be granted in favour of plaintiff. Considering the nature of suit and the relief claimed by the plaintiff and the interim protection granted to plaintiff, it is just and necessary to protect the plaintiffs possession for period of two weeks from today to enable the plaintiff to challenge the order passed in NM No.3682/2025. Hence, following order is passed
ORDER
Defendant/MHADA is hereby restrained from taking coercive action in respect of suit premises for period of two weeks from today.
Advocate for defendant seek time to file written statement. Time granted.
Matter adjourned for written statement of defendant/MHADA to
07.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: Not on board, taken on board by praecipe Exh.20.
Adv. Kedar Prabhu for plaintiff present and filed application Exh.21. Taken on record. Copy be serve on other side.
Matter is already adjourned to 07.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-08-2025
Date: 29-08-2025
Business: Not on board, taken on board by praecipe Exh.22.
Adv. Kedar Prabhu for plaintiff present and made statement that, notice of hearing on application Exh.21 is given to all defendants. Statement is recorded.
Adv. Redekar for defendant No.5 present and endorsed reply on application Exh.21.
Received writ from Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent A.O. Civ. No.C0801513 of 2025 dated 05.06.2025 in Appeal form Order No.507 of 2022 with Interim Application No.3173 of 2022 vide A.O. Civ. No.C0802147/2025 dated 05.08.2025.
Coram Gauri Godse, J.
Date 09th June, 2025.
P.C.
Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 02/09/2025. If any ad-interim/interim relief is operating till today, the same shall continue to operate till the next date. If ad-interim/ interim relief is granted not for a limited period, the same shall remain unaffected.
Order passed below Exh.21
Heard advocate for the parties. This application is filed on behalf of plaintiff seeking extension of interim relief granted as per order below Exh.19 for period of two weeks, to enable plaintiff to challenge the order passed in Notice of Motion No.3682/2025. By order dated 18.08.2025, Notice of Motion No.3682/2025 came to be rejected on merit. During the pendency of suit, interim relief was granted in favour of plaintiff. As the result of it by order dated 18.08.2025 below Exh.19 the defendant/MHADA was restrained from taking coercive action in respect of suit premises for period of two weeks to enable the plaintiff to challenge the order passed in Notice of Motion No.3682/2025. The order passed by Honble High Court in A.O. No.507/2022 is on record. Wherein the Honble High Court is pleased protect the rights of present plaintiff in respect of suit premises. Both advocate made statement that, A.O. No.507/2022 is posted for hearing on 02.09.2025. Admittedly the rights of plaintiff are protected by the Honble High Court till 02.09.2025. In this backdrop it is not necessary to pass similar interim order in respect of suit premises. In the result application Exh.21 stands rejected with no order as to costs.
Matter is already adjourned to 07.10.2025.
Authenticated copy be supplied to the advocate for plaintiff on oral request.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Not on board, taken on board.
Received writ from Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent A.O. Civ. No. C0802147 of 2025 dated 05.08.2025 Appeal form Order No.507 of 2022 with Interim Application No.3173 of 2022 vide A.O. Civ. No.C0802359/2025 dated 22.08.2025 vide City Civil Court Inward No.14801 dated 08.09.2025
Coram Gauri Godse, J.
Date 05th August, 2025.
P.C.
1. Not on board. Taken on the production board.
2. This appeal is circulated by respondent no.6. He submits that the appeal arises out of rejection of ad-interim relief. He submits that this court has granted ad-interim protection, however on 1st July 2025, plaintiff has withdrawn the notice of motion and filed a fresh notice of motion which is listed on 11th August 2025. He therefore submits that nothing would survive in this appeal.
3. Learned counsel for the appellant seeks time on the ground that he was unaware about this production and he does not have papers. The appeal is already due on 2nd September 2025.
4. To be listed on its scheduled date under the caption for directions.
5. Ad-interim relief already granted to continue till the next date
Matter is already adjourned to 07.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2025
Date: 07-10-2025
Business: Adv. Kedar Prabhu for plaintiff present.
Adv. Redekar for defendant No.5 present.
None present for defendants. Defendant No.1 to 4 have failed to file their written statement. Suit is proceeded without their written statement.
Matter adjourned for draft issues to 03.12.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-10-2025
Date: 31-10-2025
Business: Not on board, taken on board.
Received writ from Honble High Court in Appeal From Order No.507 of 2022 with Interim Application No.3173 of 2022 ( for Stay) with Interim Application No.15851 of 2024 (for Ext. of Time) vide No. D. D. (AO) C072123/2025 dated 03.10.2025 along with copy of order order dated 02nd September, 2025 vide City Civil Court Inward No.17422 dated 17.10.2025.
Coram Gauri Godse, J.
Date 2nd September, 2025.
P.C.
1. This appeal arises out of the refusal to grant ad-interim relief as prayed in Notice of Motion No. 1730 of 2022. Learned counsel for respondent no. 6 had pointed out on 5th August 2025 that the notice of motion was withdrawn by the appellant on 1st July 2025 with liberty to file a fresh notice of motion. The appeal was adjourned to enable the learned counsel for the appellant to take instructions.
2. Learned counsel for respondent no. 6 has tendered a copy of order dated 1st July 2025. I have perused the order. Notice of Motion No. 1730 of 2022, is withdrawn on 1st July 2025 with liberty to file a fresh notice of motion. In view of the said order, this appeal from order is rendered infructuous.
3. Appeal is therefore disposed of as infructuous. In view of disposal of the appeal, all pending applications are disposed of as infructuous.
Matter is already adjourned to 03.12.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-11-2025
Date: 14-11-2025
Business: Not on board, taken on board.
Received writ from Honble High Court vide D.D. (AO) C0722556/2025 dated 14.10.2025 vide City Civil Court Inward No.18664 dated 13.11.2025 along with copy of order dated 18.09.2025 in Appeal From Order (ST.) No.29847 of 2025 with Interim Application (ST.) No.29849 of 2025.
Coram Milind N. Jadhav, J.
Date 18th September, 2025.
P.C.
1. Heard Mr. Prabhu, learned Advocate for Appellant.
2. Mr. Prabhu would submit that, he has instructions from Appellant to withdraw the present Appeal From Order.
3. In that view of the matter, present Appeal from Order is disposed as withdrawn. In view of of disposal of Appeal from Order, pending Interim Application is also disposed.
Matter is already adjourned to 03.12.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-12-2025
Date: 03-12-2025
Business: None present for plaintiff.
Adv. Redekar for defendant No.5 present.
Matter adjourned for draft issues to 11.02.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: None present for plaintiff.
Adv. Redekar for defendant No.5 present.
Matter is referred to Lok Nyayalay which is held on 14.03.2026.
Matter adjourned for Lok Nyayalay/draft issues to 14.03.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026
Date: 14-03-2026
Business: Plaintiff absent.
Adv. Sarita Donde for plaintiff present.
None present for defendant.
Matter is not settled. Hence, sent to regular Court.
Matter Adjourned to 18.06.2026
Next Purpose: Lok-Nyayalay
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: None present for plaintiff.
Adv. Redekar for defendant No.5 present and tendered draft issues. Taken on record.
Matter adjourned for draft issues by plaintiff and other defendants
to 04.08.2026.
Later on at 12.38 p.m.
Adv. Amruta Kundap h/f. Adv. Diwan for defendant/MHADA
present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: 04/08/2026
As per Office order No. 219 of 2026 dated 21-07-2026 Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from 02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-09-2026
Date: 02-09-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
None present for plaintiff.
Adv. Redekar for defendant No.5 present
Adv. Ashlesha Wadkar h/f. Adv. Diwan for defendant/MHADA
present.
Draft issues not filed by plaintiff and rest of the defendants. Keep for
framing issues.
Matter adjourned for framing issues to 28.09.2026.
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-09-2026Additional Case Details
Additional Case Details
Filing Number: 100569/2019 Filing Date: 14-01-2019 First Hearing Date: 26th February 2019 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
2Interim Order 1Full order available
08 Mar 2019
Order 1Full order available
08 Mar 2019
Order Details: Notice of Motion Pdf Text: 1 O in NM 76119 in SCSU 39719 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER IN APPLICATION FILED BY DEFENDANT Nos.1 TO 4 IN NOTICE OF MOTION NO.761 OF 2019 IN S.C. SUIT NO.397 OF 2019. (CNR No.MHCC010005222019) Mr. Nisar Ahmed Mohammed Shaikh }...PLAINTIFF. Versus The Mumbai Housing & Area } Development Authority(MHADA) & Ors. }...DEFENDANTS. Smt.Sarita Donde, learned advocate for the plaintiff. Smt.V.S.Prabhu, learned advocate for defendant/MHADA. CORAM : HIS…
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