Date: 24-03-2020
Business: adjourned
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Adv. Mohsin Panjwani for plaintiff present and filed draft NM along with affidavit. Leave granted to register draft NM.
None present for defendant.
Matter stands Adj for reply to NM on 15.01.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: None for Plaintiff.
Advocate Ranit Basu for defendants no. 4 and 5 present and seeks time to file Written Statement.
Time is granted.
The case is adjourned to 18.02.2021 for Written Statement.
LO at 01.20pm
Adv. Mohsin Panjwani for plaintiff present and tendered registered Notice of Motion No.95/21 along with affidavit in support of Notice of Motion. T.O.R.
He undertakes to serve NM on defendants and to file affidavit of service on next date.
The case is adjourned to 18.02.2021 for Written Statement.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: None present.
No written statement filed.
The case is adjourned to 06.04.2021 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 23.06.2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 27.07.2021 for ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Wrongly on board. Already adjourned to 01.09.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Mohsin Panjwani for plaintiff present. He is directed to file service affidavit regarding service of summons to deft. nos.2(a) to 2(o).
The matter is adjd for filing service affidavit, reply to
Ch/sum and written statement to 04.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Mohsin Panjwani for plaintiff present.
Adv. Pratiksha Thipse for deft. nos.4 and 5 present.
Adv. For plaintiff sought time for service of summons to deft. Nos.2(a) to 2(o). Time as prayed for is granted.
Exh.7- Vakalatnama of Adv. Ranit Basu for deft. nos.4 and 5 is filed by Adv. Thipse. T.O.R.
Reply to N/M is filed by deft. nos.4 and 5. T.O.R.
Copy of reply is served to plaintiff.
The matter is adjd for filing service affidavit to 09.11.2021.
L.O. at 02.50 pm.
Adv. Mihir Joshi for applicant in Ch/sum present.
Adv. For applicant tendered registered Ch/sum no.215/20. T.O.R.
The matter is already adjd for filing service affidavit to 09.11.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present.
The matter is adjd for filing service affidavit to 13.12.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Next Purpose: C/S REPLY
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Ch/sum reply to 11.02.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv. Mihir Joshi for applicant in Ch/sum present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for Ch/sum reply to 23.02.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None for plaintiff.
Adv. Mihir Joshi for applicant in Ch/sum present.
Matter is pending for reply to Ch/sum since 13.12.2021. However, plaintiff failed to file reply to Ch/sum. Therefore, matter be kept for no reply order to Ch/sum.
The matter is adjd for no reply order to Ch/sum to 09.03.2022.
Next Purpose: ORDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Mihir Joshi for applicant in Ch/sum present.
Ch/sum no.215/2020 is pending since long for filing reply. Inspite of sufficient opportunities and time, plaintiff failed to file reply to Ch/sum no.215/20. Therefore, Ch/sum no.215/20 to proceed without reply of plaintiff.
K.B.
L.O. at 02.50 pm.
Adv. Maitri Malde h/f. Adv. Basu for deft. nos.4 and 5 present.
The matter is adjd for Ch/sum hearing to 23.03.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None for plaintiff.
Adv. Mihir Joshi for applicant in Ch/sum present.
Adv. Maitri Malde for deft. nos.4 and 5 present.
Adv. For deft. nos.4 and 5 filed reply to Ch/sum no.215/20. T.O.R.
Heard arguments of Adv. For applicant and Adv. For deft. nos.4 and 5 on Ch/sum.
The matter is adjd for order on Ch/sum no.215/20 to 04.04.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Mihir Joshi for applicant in Ch/sum present.
ORDER BELOW CH/SUM NO.215/2020
This Ch/sum is taken out by applicant M/s. Mangla Realtors Pvt. Ltd. praying to add it as a party to the suit.
Inspite of sufficient opportunities and time, plaintiff failed to file reply to Ch/sum. Therefore, Ch/sum proceeded without reply of plaintiff.
Deft. nos.4 and 5, by filing affidavit of deft. no.4, submit that they have no objection for adding applicant as party to the suit.
Suit is for declaration and injunction. Plaintiff prayed for declaration that development agreement dated 11.12.2017 regarding suit property C.T.S. No.780, 781, 782 situated at Nahur, Taluka Kurla is lawful.
Applicant submits that he is owner of city survey No.35(part) and survey no.36(part) which includes C.T.S. No.774, 775, 776, 777, 778, 779, 780, 781 and 782. As stated above, plaintiff failed to file reply to Ch/sum. Applicant\''s claim regarding ownership of suit property is supported by 7/12 extracts of the suit property. Considering the averments made in the Ch/sum and reliefs claimed in the suit, presence of the applicant is necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Therefore, Ch/sum deserves to be allowed. In the result, following order.
ORDER
1. Plaintiff is directed to add applicant as party defendant.
2. Plaintiff is directed to carry out necessary amendments within 14 days.
3. No order as to costs.
4. Ch/sum No.215/2020 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-04-2022