Date: 13-03-2019
Business: Court is on leave
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adv. Amol Gaikwad for plaintiff present and tendered registered NM No.1480/19 with affidavit in support. He submitted that he will serve the copies on advocate for deft nos.1 and 2 today.
Adv. Suhas Rao filed VP on behalf of defendant nos.1 and 2 at Exh.7.
Adv. Kandekar for defendant no.3 present.
By consent, adjourned for NM reply to 27.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Adv. Mr. Amol Gaikwad for the Plaintiff present.
Adv. Ms. Prabhu for defendant no. 3 present.
Adv. Mr. Suhas Rao for Defendant no. 1 and 2 present.
Defendant no. 1 and 2 filed reply to N/M no. 1480/19 cum written statement .
List of documents tendered by defendant no. 1 and 2 in N/M.
Advocate for Defendant no. 3 seeks adjournment for filing reply and written statement by defendant no. 3.
Matter is adjd. to 26.9.2019 for filing reply and written statemnet by defendant no. 3 at 2.45 p.m.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019
Date: 27-06-2019
Business: Adv. Mr. Amol Gaikwad for the Plaintiff present.
Adv. Ms. Prabhu for defendant no. 3 present.
Adv. Mr. Suhas Rao for Defendant no. 1 and 2 present.
Defendant no. 1 and 2 filed reply to N/M no. 1480/19 cum written statement .
List of documents tendered by defendant no. 1 and 2 in N/M.
Advocate for Defendant no. 3 seeks adjournment for filing reply and written statement by defendant no. 3.
Matter is adjd. to 26.9.2019 for filing reply and written statemnet by defendant no. 3 at 2.45 p.m.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 16.12.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: matter adjd to 2.03.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Rajesh Macharo for Plaintiff present.
Adv. Suhas Rao for D/1 and 2 present.
The D/1 and 2 seeks further time to file W/S and reply. They have appeared on 16/4/2019. 90 days period has been expired and therefore it cannot be further extended. Time to file reply to NM is granted.
Matter is adjd. to 20/4/2020 for hearing of the suit without W/S and NM hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Ivor Peter D\''cruz present for the plaintiff
Adv Khandekar present for the defendant no.3
Matter is adjd to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv Farnandis present for the plaintiff.
Adv Suhas Rao present for the defendant nos. 1 and 2 he filed reply to NM 1480/19 TOR
Matter is adjd. to 02.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv for plaintiff present.
Exh.09- He filed application for withdrawal of NM No.1480/196 TOR
Ld advocate for plaintiff submits that as ad-interim relief is not granted, he wants to withdraw the NM so that the suit can proceed. He files application to that effect at Exh.09. Hence, the NM No.1480/19 is disposed of as withdrawn. Suit is proceeding without WS of defendants as per roznama dated 02.03.2020.
Matter is adjd. to 20.04.2022 for NO WS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: None present for plaintiff
Adv. Pathak h/f Kandekar for MHADA present.
None present for remaining defendants.
Matter is adjd. to 25-07-2022 for N/m hearing..
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Nehali Sidurkar for plaintiff present.
Adv. Rajeev Matkar for deft.no. 1 and 2 filed VP. TOR. It is marked as Exh.10.
He also tendered draft NM alongwith affidavit in support. O - Leave is granted to register NM. Copy is served to plaintiff.
Court is busy in dictating order Ch/s Nos. 1016/21 and 1943/21.
Hence board is discharged and matter adjourned to 04.11.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Sejal Raval I/b Ivor Peter D\''cruz for plaintiff present and filed reply to NM No. 3892/22. Copy of reply served to other party.
Adv. Prajakta h/f Adv. Rajeev Matkar for defendant no. 1 and 2 present and tendered registered NM no. 3892/22.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft no. 3present and seeking time for filing reply. Time granted.
Matter is adjourned to 23.02.2023 for NM reply by MHADA.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Sejal Raval I/b Ivor Peter D\''cuz for plaintiff present.
Adv. Sayali Patil for defendant present.
Adv. Mangal Kadam for defendant/MHADA present. Last chance is granted to MHADA to file reply to NM.
Matter is adjourned to 11.04.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Pierre Fernandes h/f Adv. Ivor Peter Dcruz for plaintiff present.
Adv. Purva Pendurkar h/f Adv. Rajeev Matkar for defendant Nos. 1 and 2 present.
Adv. Harshida Darji h/f Adv. Kandekar for Deft No.3/MHADA present.
As Court is busy in dictating order in Chamber Summons No. 388 of 2017 in Suit No. 166/2014. Hence, Matter is adjourned to 22.06.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Adv. Mr. Pierre Fernandes i/b Adv. Peter Dcruz for the plaintiff is present.
Adv. Ms. Bijal Shah h/f Adv. Matkar for defendante Nos. 1 and 2 is present.
Adv. Ms. Pushpa Thapa h/f Adv. Kandekar for defendant No. 3/
MHADA is present.
Heard both the sides on NM No. 3892/2022.
F.R.S.R. the following Order is passed on NM No. 3892/2022:
ORDER
1. Notice of Motion No. 3892 of 2022 is hereby allowed subject to the payment of costs of Rs.2,000/- Plaintiff payable by the defendant Nos.1 and 2 jointly on or before next date.
2. On payment of costs, the delay be condoned and “No Written Statement” order dated 02.03.2020 is set aside and Affidavit-in-Reply dated 27.06.2019 filed in Notice of Motion No.1480 of 2019 be treated as Written Statement of defendant Nos.1 and 2 on record.
3. On failure to make compliance, Notice of Motion will be dismissed automatically.
4. Notice of Motion No.3892 of 2022 is disposed of accordingly.
Adjourned for Compliance/draft issues to 17.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Mr. Peer Fernandes i/b Adv. Ivor Peter Dcruz for the plaintiff is present.
Adv. Ms.Kandekar for defendant No.3/MHADA is present.
KB LO at 12.36 pm.
Adv. Mr. Purva Pendurkar for defendant Nos. 1 and 2 is present.
Advocate for defendant Nos. 1 and 2 paid costs of Rs. 1,000/- to plaintiff.
Hence, written statement of defendant Nos. 1 and 2 is t.o.r. It is marked at Exh. 11.
Adv. for the plaintiff filed draft issues.
Matter is adjourned to 10.10.2023 for draft issues by defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: As the Court is on leave board is discharged and the matter stands adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Adv. Mr. Pierre Fernandes for the plaintiff is present.
Adv. Ms. Purva Pendurkar for defendant Nos. 1 and 2 is present.
Adv. Mr. Kandekar for defendant No. 3/MHADA is present.
Adv. for defendant Nos. 1 and 2 submitted draft issues. TOR.
Matter is adjourned to 26.02.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Adv. Mr.Pierre Fernandes i/b Mr.Ivor Peter for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.3 /MHADA is present.
Matter is adjourned to 29.04.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Adv. Mr.Pierre Fernandes i/b Adv. Mr.Ivor Peter for the plaintiff is present.
None for defendant.
Adv. for plaintiff seeks time to file affidavit of evidence.
Matter is adjourned to 04.07.2024 for R.E.
LO at. 12.43 pm.
Adv. Ms.Urmi Jadeja h/f Adv. Rajeev Matkar for defendant no.1 is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: Adv. Mr.Pierre Fernandes i/b Adv. Ivor Peter for the plaintiff is present.
Adv. Ms.Shweta h/f Adv. Kandekar for defendant No.3/MHADA is present.
Adv. for plaintiff filed list of witness at Exh-13.
Matter is adjourned to 21.08.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Adv. Pierre Fernandes present for plaintiff and sought adjournment..
Advocate Shweta h/f. Advocate Kandekar for defendant no. 3/MHADA present.
Matter is adjourned to 10/10/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: Adv. Ivor Peter Dcruz a/w. Adv. Pierre Fernandes present for plaintiff and filed affidavit of evidence of PW- 1 alongwith list of documents. t.o.r. marked as Exh. 14 and Exh. 15 accordingly.
Adv. Urmi Jadeja present for defendant no. 1.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
Order below Exh. 1.
This matter is for recording of evidence. The counsel for plaintiff pointed out mistake in the issues. He submitted that, the agreement is pertaining to dt. 26/10/17 but mistakenly in issues, the agreement is shown or mentioned of the dt. 26/10/2012. The copy of agreement shows that, it was executed on 26/10/2017. Mistake is purely grammatical/clerical. The mistake be corrected under the patronage of section 152 of CPC. The year 2012 be rounded and 2017 be written in issue no. 1, 2 and 5. This corrections be carried out.
Matter is adjourned for filing say on documents/admission and denial to 04/12/24.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: Adv. Pierre Fernandes present for plaintiff.
Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for defendants and sought adjournment.
Matter is adjourned to 11/02/2025 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Adv. Pierre Fernandes present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 3/MHADA present.
None present for other defendants.
Defendant to file say on the documents filed by the plaintiff.
Matter is adjourned to 01/04/25 for filing say on documents.
Next Purpose: FILING SAY
Next Hearing Date: 01-04-2025
Date: 01-04-2025
Business: Adv. Pierre Fernandes present for plaintiff.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.3 /MHADA is present.
Defendant Nos. 1 and 2 failed to file reply on documents. Hence, Matter to proceed without reply on documents.
KB at for say by defendant No.3
Later on Defendant No.3 filed say on document itself. (Exh.15)
Matter is adjourned to 19.06.2025 for Argument on documents (Exh.15)
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: Adv. Ivor Peter D. Cruz present for plaintiff.
Adv. Kandekar for defendant no. 3/MHADA present.
None present for other defendants.
Matter is adjourned for arguments to 11/07/25.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2025
Date: 11-07-2025
Business: Adv. Joel Dsouza a/w Adv. Pierre Fernandes present for plaintiff.
Advocate Rajeev Matkar for defendant no. 1 and 2 present.
Adv. Kandekar a/w Adv. Devyani Pawar for defendant no. 3/MHADA present.
Heard argument by ld adv. for plaintiff and defendants on exhibiting the documents.
Following order is passed on admissibility of documents below list at Exh. 15.
Order- Adv. for defendant no.1 and 2 oppose to exhibit the documents on the ground that, the documents are private documents and certified copies obtained of documents.
Defendant no. 3 admitted the document at Sr. nos. 4, 17, 21 to 28. Similarly document at sr. no. 18, 29 and 34 are also admitted.
I have gone through the evidence and documents filed with list Exh. 15.
Document at Sr. no. 1, 2 are resolutions. Document at Sr. no. 3 is Certificate of Incorporation no. 4 is NOC given by MHADA. There is sufficient evidence to exhibit these documents. Documents at Sr. no. 6 to 14, 17 to 19, 21 to 29, 34, 37 to 42 are the Minutes of meeting, Original Cheque with Bank Memo agreement communication between the parties to the suit, letter written by plaintiff and there is sufficient evidence to exhibit those documents. Defendant no. 3 have admitted some documents as referred above. Defendant no. 1 and 2 objected to exhibit the document at sr. no. 11, 12 and 13 on the ground that, they are not admitting it. However, there is sufficient evidence to exhibit the above referred documents hence, they be marked exhibit.
Document at Sr. no. 5 is mentioned as Certified Copy of Index II alongwith Conveyance Deed. However, Index-II is public document and that can be exhibited but Conveyance Deed cannot be exhibited through this witness. Hence, only Index copy be marked as exhibit. The Document at Sr. no. 20 is a letter addressed to MHADA. The said letter can be Exhibited. However, photographs attached with it cannot be exhibited as the Certificate provided at document Sr. no. 43 does not satisfy the condition to exhibit these photographs. Therefore, only letter be exhibited.
Document at Sr. no. 15, 16, 30 to 33, 35, 36, 36A are the photographs/zerox copies and there is no evidence to exhibit it. Hence, they are not exhibited.
Following documents filed with list at Exh. 15 are exhibited as per above order.
1)Exh. 16- Dt. 15.02.2018- Certified Copy of Company's Board Resolution.
2)Exh. 17- Dt. 21.06.2022 is Certified Copy of Resolution.
3) Exh. 18- Dt. 14.09.2005 is Certified Copy of Certificate of Incorporation.
4) Exh. 19- Dt. 18.03.2013 is Certified Copy of Defendant No. 3 alongwith Certified Tenant List of MAHADA.
5)Exh. 20- Dt. 31.10.2014 is Certified Copy of Index II.
6)Exh. 21- Dt. 29.06.2017 is Original Letter addressed by the Defendants to the Plaintiff.
7) Exh. 22- Dt. 7.10. 2017 is Original Minutes of the meeting between the Plaintiff, Defendants, other Tenant members and some of the Committee Members of the Society
8) Exh. 23- Dt. 25.10.2017 is Original Minutes of the meeting between the Plaintiff, Defendants, other Tenant members and some of the Committee Members of the Society
9) Exh. 24- Dt. 26.10.2017 is Original Irrevocable Consent.
10)Exh. 25-Dt. 26.10.2017 is Original Individual Development Agreement.
11) Exh. 26 and Exh. 26A- Dt. 15.11.2018 and Dt. 25.01.2019 are Original Cheques issued in favour of Plaintiff by Defendant No. 1 alongwith Bank Memo.
12) Exh. 27 and Exh. 27A- Dt. 30.11.2018 and Dt. 28/01/2019 are Original Cheques issued in favour of Plaintiff by Defendant No. 1 alongwith Bank Memo.
13) Exh. 28 and Exh. 28A- Dt. 15.12.2018 and Dt. 28.01.2019 are Original Cheques issued in favour of Plaintiff by Defendant No. 1 alongwith Bank Memo.
14) Exh. 29 and Exh. 29A- Dt. 10.02.2018 is Original Possession Receipt alongwith the photographs
17) Exh. 30-Dt. 23.02.2018 Original letter addressed by MAHADA to the Plaintiff.
18) Exh. 31- Dt. 27.02.2018 Office Copy of reply addressed by the Plaintiff to MHADA.
19) Exh. 32- Dt. 06.03.2018 Office Copy of the letter addressed by the Plaintiff to MHADA.
20) Exh.33- Dt. 21.03.2018 Office Copy of the letter addressed by the Plaintiff to MAHADA.
21) Exh. 34- Dt. 22.06.2017 Certified Copy of NOC issued by Defendant No.3 to the Plaintiff with certified tenant list of 15 tenants.
22)Exh. 35- Dt. 28.03.2018 Certified copy of the NOC issued by defendant no. 3 to the plaintiff.
23) Exh. 36- Dt. 28.10.2020 is Certified copy of Revalidation of No Objection Certificate by Defendant No.3.
24) Exh. 37- Dt. 28.10.2020 is Certified copy of Revised No Objection Certificate by Defendant No.3.
25) Exh.-38 Dt. 28.03.2022 is Copy of Revised No Objection Certificate by Defendant No.3.
26) Exh. 39-Dt. 12.04.2023 Certified copy of Revalidation of No Objection Certificate by Defendant No.3.
27) Exh.40- Dt. 25.04.2024 is Certified copy of Revalidation of No Objection Certificate by Defendant No.3.
28)Exh.41- Dt. 19.11.2018 Original letter addressed by Defendant No.3 to the Plaintiff.
29) Exh.42- Dt. 22.11.2018 Office copy of the letter addressed by the Plaintiff to the Resident Executive Engineer of Defendant No.3.
34) Exh.43- Dt. 14.01.2019 is Office copy of the Letter addressed by the Plaintiff to the Chief officer MAHADA pursuant to the meeting.
37) Exh. 44- Dt. 30.03.2019 Office Copy of List of Documents submitted to Dadar Police station by the Plaintiff duly acknowledged by the Police station.
38) Exh. 45- Dt. 04.04.2019 is Office Copy of Letter addressed to the Senior Inspector of Dadar Police station by the Plaintiff.
39) Exh. 46- Dt. 26.04.2019 Office Copy of Letter addressed to the Senior Inspector of Dadar Police station by the Plaintiff duly acknowledged by the Officer.
40) Exh. 47- Dt. 17.05.2019 Original Letter addressed by Senior Inspector of Dadar Police station to the Plaintiff.
41) Exh. 48- Dt. 20.05.2019 Office Copy of Reply addressed to the Senior Inspector of Dadar Police station by the Plaintiff duly acknowledged by the officer.
42) Exh. 49 Dt. 24.05.2019 Office Copy of letter addressed to the Senior Inspector of Dadar Police station by the Plaintiff duly acknowledged by the officer.
Matter is adjourned to 22/08/25 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Adv. Mr. Pierre Fernandes a/w Adv. Rupali Singh i/b Adv. Ivor Peter D Cruz present for plaintiff and he filed pursis to file fresh SEC 63 B Certificate t.o.r marked as Exh. --.
PW 01 present.
Adv. Rajeev Matkar for deft.no. 1 and 2 present and sought adjournment. O- Time granted.
Adv. Kandekar present for defendant no. 3.
Matter is adjourned to 16/09/25 for cross examination/REPH. (Morning session)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2025
Date: 16-09-2025
Business: Adv. Joel Dsouza a/w Pierre Fernandes, Elaine Fargore i/b Ivor Dcruz present for plaintiff and tendered draft NM alongwith affidavit of service. O-Leave granted to register.
Adv. Kandekar present for defendant no.3/MHADA.
LO at 12pm
Adv. Joel Dsouza for plaintiff tendered registered NM 5073/2025. TOR.
Adv. S. V. Thorat h/f Adv. Rajeev Matkar for defendant no.1 and 2 present and sought adjournment to go through documents. O-Time granted.
Adv. Kandekar present for defendant no.3/MHADA.
Matter is adjourned to 19.09.2025 for say.
Next Purpose: FILING SAY
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Adv. Joel Dsouza a/w Pierre Fernandez, Rupali Singh, Elaine Fargose i/b Ivor Peter Dcruz present for plaintiff.
Adv. Mayuri i/b Adv. Rajeev Matkar present for defendants.
Adv. Devyani Pawar h/f Adv. Kandekar present for defendant no.3/MHADA.
Matter is adjourned to 12.11.2025 for R/E.
Next Purpose: RECORDING EVIDENCE
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: RECORDING EVIDENCE
Next Hearing Date: 12-12-2025
Date: 12-12-2025
Business: Adv. Joel Dsouza a/w Ivor Peter Dcruz and Pierre Fernandes present for plaintiff.
None present for defendants.
PW-1 present.
KB LO at 1.00pm
Adv. Rajeev Matkar for defendant present.
Adv. Kandekar for defendant/MHADA present.
Heard advocate for plaintiff on exhibiting of documents.
In this matter, photographs filed with document at sr. nos.20 and 43 were not exhibited while exhibiting the documents as per order dated 11.07.2025. Thereafter, advocate for plaintiff filed pursis Exh.50 and filed fresh certificate alongwith the pursis. Thereafter, on next date Notice of Motion no.5073/2025 is filed to exhibit those photographs. During the course of hearing on Notice of Motion, plaintiff not pressed the present notice of motion. The certificate with pursis was filed after passing the order by this Court on 11.07.2025. Thereafter plaintiff thought that the proper application in the form of Notice of motion was required hence, the Notice of Motion was filed. Today, the said Notice of motion is not pressed hence, it is disposed of and the documents filed with pursis Exh.50 will have no effect. The matter be adjourned for cross-examination.
Notice of Motion no.5073/2025 stands disposed of as not pressed.
Matter is adjourned to 14.01.2026 at 1pm for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: None present for plaintiff.
Adv. Matkar present for defendants.
Adv. Kandekar for defendant/MHADA present.
KB LO at 4.30pm
Adv. Ivor Peter DCruz a/w Pierre Fernandes and Rupali Singh for Plaintiff present.
Cross-examination of PW-1 is partly recorded and deferred till next date.
Matter is adjourned to 13.02.2026 for further cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: Adv. Pierre Fernandes a/w Adv. Rupali Singh present for plaintiff.
Adv. Rajeev Matkar present for defendants.
KB LO at 1.59pm
Advocate for plaintiff submitted that he is not feeling well hence cross-examination of the witness is adjourned.
Matter is adjourned to 26.02.2026 for REPH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: Adv. Ivor Peter DCruz a/w Adv. Pierre Fernandes and Adv. Rupali Singh present for plaintiff.
None present for defendants.
Witness, PW-1 present.
KB LO at 12.58pm
Adv. Rajeev Matkar for defendant nos.1 and 2 present.
Further cross-examination of PW-1, Mr. Kailashprasad S. Malpani by Adv. Rajeev Matkar for defendant nos.1 and 2 is recorded and completed.
No WS filed by defendant no.3 hence, no cross-examination on law point also.
Advocate for plaintiff filed evidence closing pursis. TOR and marked as Exh.51. O-Seen and filed.
Matter is adjourned to 11.03.2026 for defendants evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: Adv. Pierre Fernandes a/w Adv. Rupali Singh i/b Ivor Peter DCruz present for plaintiff.
Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for defendants.
KB LO at 11.44am
Advocate for defendant filed application for adjournment. TOR and marked as Exh.52. O-Short time granted as last chance as Suit is old.
Advocate for plaintiff had filed application seeking soft copy of evidence on previous date. It is now, TOR and marked as Exh.53.
O-Be supply in pdf format on supply of pendrive.
Matter is adjourned to 20.03.2026 for REPH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-03-2026
Date: 20-03-2026
Business: Adv. Pierre Fernandes a/w Adv. Rupali Singh i/b Adv. Ivor Peter DCruz present for plaintiff.
Adv. Kandekar for defendant no.3/MHADA present.
KB LO at 12.02pm
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar for defendant nos.1 and 2 present and filed application for adjournment. TOR and marked as Exh.53. O-Short time granted subject to cost of Rs.1,000/- to be deposited in Court as last chance was granted while granting adjournment on previous date.
Matter is adjourned to 30.03.2026 for evidence of defendant nos.1 and 2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: Adv. Pierre Fernandes a/w Adv. Rupali Singh i/b Adv. Ivor Peter DCruz for plaintiff present.
Adv. K.N. Kandekar for MHADA/defendant present.
KB LO
Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for defendant no.1 and 2 present and filed pursis alongwith payment receipt. TOR and marked as Exh.54. O-Seen. He also filed evidence closing pursis. TOR and marked as Exh.55. O-Seen and Filed.
Matter is adjourned to 20/04/2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: CORAM H.H.J. SHRI S. M. PATIL, (C.R. NO.09)
Adv. Joel Dsounza for plaintiff present.
Adv. K. N. Kandelkar defendant no.3 present.
Adv. Mayuri Mangeshkar i/b Adv.Rajeev for Defendant no.1 present.
Adv. for plaintiff h as filed written argument at Exh.56. O - Read and recorded. he has also supplied the copies of the same to the Adv for the defendant no.1 to 3. hence keep the matter for written argument of defendant no.1 to 3.
Matter is adjourned to 08.07.2026 for argument.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2026
Date: 08-07-2026
Business: Adv. Rupali Singh i/b Ivor Peter DCruz present for plaintiff.
Adv. Rajeev Matkar present for defendant nos.1 and 2 and filed written notes of arguments. TOR and marked as Exh.57. O-RR.
Copy supplied to the other side.
Matter is adjourned to 20.07.2026 for oral arguments, if any.
LO at 11.47am
Adv. Janhavi K. i/b Adv. K. N. Kandekar for defendant no.3/MHADA present.
Matter already adjourned to 20.07.2026 for oral arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: Plaintiff and Defendant no.1 present.
Adv. Joel DSouza a/w Adv. Ivor Peter DCruz, Adv. Pierre Fernandes and Adv. Rupali Singh present for plaintiff.
Adv. Vaishnavi Pawar h/f Adv. Rajeev Matkar present for defendant nos.1 and 2.
Adv. Janhavi Kandekar i/b Adv. K. N. Kandekar for defendant no.3/MHADA present.
KB LO at 1.23pm
Heard oral arguments of Advocate for plaintiff and defendant no.3/MHADA present.
Matter is adjourned to 23.07.2026 for arguments of defendant nos.1 and 2.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-07-2026
Date: 23-07-2026
Business: Adv. Joel DSouza a/w Adv. Ivor Peter DCruz, Adv. Pierre Fernandes and Adv. Rupali Singh present for plaintiff.
Defendant no.1 present.
Adv. Rajeev Matkar present for defendant no.1.
Adv. K. N. Kandekar for defendant no.3/MHADA present.
Partly heard oral arguments of Adv. Matkar for defendant nos.1 and 2 and Adv. K. N. Kandekar for defendant no.3/MHADA as well as reply arguments of Advocate for plaintiff.
Advocate for plaintiff has filed application for production of certified copy of order dated 13.10.2025 passed by the Honorable High Court in Writ Petition no.908/2025.
Advocate for defendants have no objection to produce the same hence its production is allowed and certified copy of order is marked as Exh.58.
Advocate for defendant nos.1 and 2 relied on the case laws in support of his argument but those are printouts of online website Indian Kanoon. Therefore advocate for defendant nos.1 and 2 is directed to file the copies of judgments relied on from the authorized law journal.
Matter is adjourned to 31.07.2026 for filing copies of case law relied on during argument.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2026
Date: 31-07-2026
Business: Adv. Pierre Fernandes a/w Adv. Rupali Singh i/b Ivor Peter DCruz present for plaintiff.
Defendant no.1 present.
Adv. Vaishnavi Pawar h/f Adv. Rajeev Matkar present for defendant nos.1 and 2.
Adv. K. N. Kandekar for defendant no.3/MHADA present.
Judgment is pronounced in open court.
F.R.S.R. following Order is passed
आदेश
1.एस.सी.दावा क्रमांक 447/2019 फेटाळण्यात येत आहे.
2.वादी व प्रतिवादींनी दाव्याचा खर्च स्वतःचा स्वतः सोसावा.
Nature Of Disposal: DISMISSED
Disposal Date: 31-07-2026