Dethi Mast Tejani - Suit St. No. 949 of 2022VsMHADA And Ors.

Date: 17-02-2022
Business: Adv Mr.Ghorpade for plaintiff present.
He file register NM No.484/22 TOR
Adv.Mangal Kadam for defendant/MHADA present.
Ld advocate for MHADA submits that her earlier statement made on 04.02.2022 that MHADA will maintain status-quo is continued till next date. It is accepted.
Matter is adjd. to 24.02.2022 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Mr.Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present and files affidavit in reply to NM No.484/22 TOR. Ld advocate for plaintiff submits that as the reply is filed today and he will argue the matter on the next date and prays for extension of earlier order. Ld. advocate for MHADA submits that the reply was served yesterday by E-mail, but Ld. advocate for the plaintiff submits that he has not received the same.
In the circumstance and due to paucity of time, as it is 05.25 pm already, it is not possible to hear the motion today. Hence, the matter is adjourned for NM hearing.
Ld advocate for MHADA submits that she is not continuing her statement made on 04.02.2022 and 17.02.2022.
In the circumstance, when her statement is in existence from 04.02.2022 to 17.02.2022 and as she is not ready to continue the same till next date, both the parties are directed to maintain status-quo till 02.03.2022
Matter is adjd. to 02.03.2022 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv.Mangal Kadam for defendant/MHADA present.
Adv. Mr. Ghorpade for plaintiff present and files rejoinder t.o.r.
As court time is over.
Hence, matter is adjd. to 03-03-2022 at 01.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv. Mr. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
    Heard advocate for plaintiff on the Notice of Motion No. 484 of 2022.  During argument on behalf of MHADA it disclosed that in reply to the NM, MHADA has acknowledged plaintiff as eligible tenant for temporary alternative accommodation.  The documents annexed to the reply further disclose that plaintiff has applied for temporary alternative accommodation and the said application is under consideration of MHADA.  That being the position, learned advocate for MHADA was asked whether MHADA can allot temporary alternative accommodation to plaintiff on her application which is pending.  Learned advocate for plaintiff submits that his client is ready to accept the accommodation offered by MHADA as per entitlement.  In the circumstances learned advocate for MHADA seeks time to take instructions from the concerned official of MHADA as to whether temporary alternative accommodation can be allotted to plaintiff on her application.  Matter is adjourned to tomorrow.  If MHADA is not in a position to allot temporary alternative accommodation, further arguments on NM will be heard tomorrow.
Earlier order if any to continue till next date.
On the request, authenticated copy be supplied to both the parties.
Matter is adjd. for compliance on 04-03-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Adv. Mr. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Mr. Pravin Bagul, Estate Manager, MHADA Head Office present.
Mr. Ramdas Waze, Estate Officer, MHADA is present.
      Mr. Pravin Bagul Submits that he will file report regarding temporary accommodation to plaintiff within 15 days after scrutinizing her application.  Therefore, it would be proper to wait for report of Mr. Bagul.  Hence, matter is adjourned to 17.03.2022.
Earlier order is extended till next date.
Plaintiff is directed to submit the original power of attorney on the basis of which the plaint is signed on or before next date alongwith service of the copy to defendants.
Authenticated copy of the roznama be issued to both the parties on request.
Matter is adjd. to 17-03-2022 for filing report by MHADA.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. G.B. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Mr.Pravin Bagul , Estate officer,HO, MHADA present. He submits that no record is found with MHADA that temporary accommodation is alloted to plaintiff herein. He further submits that if plaintiff produces the required documents to MHADA officials, his eligibility will be decided by the MHADA officials. Ld. Adv. for Plff. submits that his client will submit required documents to MHADA officials within 8 days from today. Ld. Adv. for MHADA on instruction submits that the Housing minister has granted stay on allotment of temporary accommodations but she need to take further instructions regarding the same.Hence matter is adjourned till 24-03-2022 for compliance by plaintiff.
Earlier order if any continued till next date.
Ld. Adv. for plaintiff undertakes file original power of attorney on record of the court during course of the day with service of copy to MHADA.
Matter is adjd. to 24-03-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. P.B. Wanjare h/f Adv. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Officer Pravin Bagul for MHADA present.
Ld. Adv. for plaintiff submits that the documents as per order dtd. 17/03/2022 are submitted to MHADA office. However, the MHADA officer Mr. Bagul submits that no such documents are submitted by plaintiff. In the circumstances plaintiff to submit acknowledgment of MHADA office of submitting the documents.
Plaintiff to submit original power of attorney on next date.
Earlier order if any continue till next date.
Matter is adjd. to 04-04-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Mr. Pravin Bagul, Estate officer, MHADA present and he submits that plaintiff has not submitted required documents till date. In reply Ld. Adv. for plaintiff submits that plaintiff has already applied to MHADA with necessary documents but if MHADA officials require another set, he is ready to submit during course of the day.
Mr. Pravin Bagul, submits that the file will be processed and the CO of MHADA will conduct hearing. He submits that it will take about 3 months. Hence matter adjd. to 04/07/2022.
Earlier order, if any, to continue till next date. Subject to providing the documents to MHADA official Mr. Pravin Bagul today with acknowledgment on roznama.
Matter is adjd. to 04-07-2022.
LO
Plaintiff provided the documetns to MHADA official Mr. Pravin Bagul. Pursis filed by Plaintiff with acknowledgment  of MhADA official Mr. Pravin Bagul TOR and marked as Exh. 4.
Matter is already adjd. to 04-07-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Ghorpade for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Earlier order, if any, to continue till next date.
Matter is adjd.to 12-09-2022   for  compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Ghorpade for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter is adjd. to 12.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged.
Earlier order, if any, to continue till next date.
Matter is adjourned to 31.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv. V.V.Ghorpade for plaintiff present.
Adv. Mangal Kadam for Defendant/MHADA present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 14.03.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Ghorpade for plaintiff present.
Adv. Mangal Kadam for defendant/MHADA present.
Time is extended to remove office objection to plaintiff.
Earlier order, if any, to continue till next date.
Matter is adjourned to 19.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv.V.B.Ghorpade for plaintiff is present and submitted he will comply within one week. If plaintiff failed to comply within one week E.O.C will be automatically discontinue after one week.
Adv.Mangal Kadam for defendant/MHADA is present.
Earlier Order if any, to continue till next date.
Matter is adjourned to 21.06.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv. Mr. V.B. Ghorpade for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant/MHADA is present.
Adv. for the plaintiff prayed for extending earlier Order. Ld. advocate for defendant strongly opposed to the same by submitting that earlier Order is automatically vacated by order of Court dtd. 19.04.2023 for non compliance by the plaintiff. On the other hand it is submitted by ld advocate for the plaintiff that compliance was to be made by MHADA and not by plaintiff. Hence, earlier order be continued.
On perusal of roznama dtd. 19.04.2023 it reveals that specific Order was passed thereby mentioning that if plaintiff fails to comply within one week EOC will be automatically discontinued after one week. The record shows that objections are removed on 10.05.2023. Thus, it is crystal clear that plaintiff had to make necessary comply within one week which he fail to do. Thus, it is evident that in view of order dtd. 19.04.2023 passed by my ld. Predecessor EOC is automatically discontinued since plaintiff failed to comply within one week. Hence, EOC can not be continued as prayed by plaintiff.
Ld. advocate for the plaintiff prayed for extending protection granted to him for one week as he wants to approached Hon’ble High Court. However, as stated above earlier order is already automatically vacated by Order dtd. 19.04.2023. Hence, protection can not be extended as prayed by the plaintiff.
Adjourned for NM hearing to 11.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: None present for the plaintiff.
Adv. Ms. Mangal Kadam for defendant/MHADA is present.
Matter is adjourned to 12.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Mr. V.B. Ghorpade  for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant/MHADA is present.
Adv. for the plaintiff submitted that plaintiff has challenged order of this court before Hon’ble High Court and matter is pending for Hon’ble High Court and prayed for adjournment.
Adv. for defendant submitted that as per Court directions both the plaintiffs were called for hearing and thus, MHADA has complied the directions of the Court.
Matter is adjourned to 10.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Adv. Ms.Mooman h/f Adv. Ghorpade for the plaintiff is present.
Adv. Ms.Mangal Kadam for defendant no.1/MHADA is present.
Advocate for plaintiff submitted that matter is pending before Honble High Court and prayed for adjournment
Adjourned for NM Hearing to 12.04.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None for the palintiff.
Adv.Mangal Kadam for defendant present.
Matter is adjourned to 21.06.2024 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Adv. Mooman h/f. Adv. V. B. Ghorpade present for plaintiff and sought adjournment. Adv. Ms.Mangal Kadam for defendant/MHADA present. Plaintiff to advanced arguments on the next date. Matter is adjourned to 07/10/24 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: As P.O. has gone for training programme at Uttan,Thane. Hence,board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: None present for plaintiff. Adv. Ms.Mangal Kadam for defendant/MHADA present. As plaintiff and his advocate are absent, Matter is adjourned to 17/02/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: Adv. Mooman h/f Adv. Ghorpade present for plaintiff. Adv. Ms.Mangal Kadam for defendant no. 1/MHADA present. Adv. for plaintiff submitted that, order of this court has been challenged before Honorable High Court and it is pending. However, there is no stay to the present suit. Hence, Plaintiff is directed to argue the NM on the next date without fail. Matter is adjourned for NM hearing to 16/04/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: Adv. Nooman present for plaintiff and sought adjournment for NM hearing. O-Time Granted. Adv. Ms.Mangal Kadam for defendant/MHADA present. Matter is adjourned to 05/07/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2025

Date: 05-07-2025
Business: Adv. Mooman present for plaintiff. Adv. Ms.Mangal Kadam for defendant/MHADA is present. Matter is adjourned to 20.08.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: None present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Office has intimated that, due to heavy rain Bar association requested not to pass any adverse order hence, Matter is adjourned to 12/11/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: None present for plaintiff and defendants.
The Court is busy in dictating Order in Suit no.373/2024 and Hearing arguments in other urgent matters. Hence, Matter is adjourned to 30.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: None present for plaintiff and defendants.
As Court time is over in attending Suit nos.193/2026, 4155/2024 and 2636/2023 and passing first orders hence, Matter is adjourned to 06.07.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: None present for plaintiff and defendants.
As both parties and their advocates are absent, Matter is adjourned to 24.09.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2026

Date: 24-09-2026
Business: None present for plaintiff and defendants.
Plaintiff alongwith advocate absent. No application for adjournment is filed on record. NM 484/2022 is pending since 2022. Hence, it shows that plaintiff is not interested to proceed with the NM 484/2022. Hence, Notice of Motion No.484/2022 stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 24-09-2026

Filing Number: 101359/2022
Filing Date: 09-02-2022
First Hearing Date: 17th February 2022
Decision Date: 24th September 2026
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE