Sudhir Ramchandra SuvareVsSanjay Ramchandra Suvare and Ors. +4 more

Date: 11-03-2020
Business: Adv. Ms. Harshada Kamble for the Plaintiff present and she submitted draft N/M alongwith affidavit in support. t.o.r. O-Leave is granted to register it.
Matter is adjd. to 19.06.2020 for N/M registration and service.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Ms. Kamble for the plaintiff.
Adv. Mr. Sachin  h/f Adv. Mr. Aditya for the defendants No.1 and 2.
Affidavit of service and Writ of summons filed by advocate for the plaintiff.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Vakalatnama filed by  defendants No.1 and 2. t.o.r.
Defendants No.1 and 2 were served with summons. However,  they failed to file WS. Hence, the suit to proceed without WS against defendants. Defendants No.3 to 5 have failed to put in appearance. Hence, suit to proceed ex parte against them.
On oral request last chance is granted to the plaintiff for filing tendering registered NM.
Matter is adjd. to 29/04/2021 for ex-parte hearing.
Next Purpose: HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: due to covid-19
Next Purpose: HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: due to covid-19
Next Purpose: HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 17.02.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present for the plaintiff.
Adv Mr.Purandare for defendant nos.1 and 2 present.
Witness for plaintiff is not present.
Hence, matter adjourned.
Matter is adjd. To  25.04.2022  for hearing without WS.
Next Purpose: HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Plaintiff and defendant Nos. 1 and 2 in person is present.
Adv. Mr. Sagar Kamble for plaintiff is present and tendered original registered NM NO. 1904/2020 alongwith affidavit. TOR.
Adv. Mr. Dnyanesh Patil for defendant Nos. 1 and 2 is present and sought adjournemnt to file reply.
Adv. Ms. Mangal Kadam h/f Adv. Naik for defendant No. 5 is present.
None present for other defendants.
Matter adjourned for NM reply to 16.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Harshada Kamble present for plaintiff.
Adv. Gaurav Nankar present for defendant 01 and 02 and sought adjournment to file reply
None present for other defendants.
Copy of notice of motion is served to the advocate of defendant no. 01 and 02.
Matter adjourned as a last chance for nm reply to 20/07/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: As presiding officer is on leave. Hence matter is adjd. to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: As p.o. is on leave, matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Harshada kamble present for plaintiff.
None present for defendants.
It appears that, Inspite of just opportunity, defendants failed to fiele reply to the nm no. 1904/2020.
Matter adjourned for no reply order to 12/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. Harshada Kamble present for plaintiff.
Adv. Gaurav Khamkar present for defendant 01 and 02 and sought adjournment for filling reply.
None present for other defendants.
From the record it appears that, Inspite of just opportunity, defendant no. 01 and 02 did not filed reply to the nm no. 1904/2020, Hence, notice of motion  no. 1904/2020 be proceeded without reply of defendants no. 01 and 02.
Matter adjourned for no hearing to 21/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Plaintiff in person present and sought adjournment.
Adv. Patil present for defendant 01 and 02 and submitted that, he will tender appropriate motion for tendering reply.
Matter adjourned for steps/ hearing on nm to 10/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: As presiding officer is on leave, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv Harshada Kamble present for plaintiff.
None present for defendant.
Defendant no. 01 in person present and tendered draft NM @ affidavit.TOR. Leave granted to register.
Copy served to the advocate for the plaintiff.
Matter adjourned for reply to NM to 19.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Harshada Kamble present for plaintiff and sought adjournment to file reply.
Adv. Adhity Raktale present for defendant no. 2 and 3.
None present for other defendants.
Matter adjourned for nm reply to 26/06/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Sagar Kamble present for plaintiff and tendered affidavit in rejoinder to notice of motion No.1904/2020.
Defendant No.1 in person present. His advocate is absent.
Copy of rejoinder upon defendant No.1.
Matter adjourned for NM Hearing to 18.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Plaintiff in-person present.
Adv. Dnyanesh Patil present for defendant Nos.1 and 2.
Adv. Akshada Kale h/f. Adv. Pushpalata Diwan for defendant/MHADA present.
On oral request of plaintiff, Matter adjourned for NM Hearing to 29.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Adv. Aditya Raktade present for defendant Nos.1 and 2.
Adv. Akshada Kale h/f. Adv. Pushpalata Diwan for defendant/MHADA present.
Matter adjourned for NM Hearing to 18.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Adv. Harshada Kamble present for plaintiff.
Adv. Gaurav Nankar present for defendant Nos.1 and 2.
Matter adjourned for NM Hearing to 13.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Plaintiff in person present.
Adv. Harshada Kamble present for plaintiff.
Adv. Anup Kamble h/f Adv. Aditaya Raktade present for defendant Nos.1 and 2. On oral request NM leave is extended till next date which was filed on 16.03.2023.
Matter adjourned for NM Hearing/reply to 16.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Adv. Sagar Kamble present for plaintiff.
Adv. Nilesh Mane present for defendant Nos.1 and 2. He prays for an adjournment.
Matter adjourned for NM Hearing/reply to 04.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Plaintiff in-person present.
Adv. Harshada Kamble present for plaintiff.
None present for defendants.
     Defendant Nos.1 and 2 filed draft notice of motion on 16.03.2023. Thereafter he did not tender registered notice of motion. The draft notice of motion is defective as it does not include names of all defendants, though it is filed by defendant Nos.1 and 2, the affidavit at the outset mentions name of plaintiff as if it is filed by plaintiff. Defendants are absent today. This shows they are not interested in proceeding with this draft notice of motion. Hence, draft notice of motion dismissed for want of prosecution. It shall be registered for statistical purpose.
Later on
Adv. Diwan present for defendant No.5/MHADA.
Matter adjourned for NM Hearing to 24.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Plaintiff in-person present.
Adv. Sagar Kamble present for plaintiff.
None present for other defendants.
Adv. Diwan present for defendant No.5/MHADA.
Notice of Motion No. 1904/2020.
Perused Notice of Motion, affidavit in support thereof. It appears defendant No. 1 and 2 appear on 03.03.2021 but they failed to file their written statement. They did not file reply to this Notice of Motion. Thus, Contentions of plaintiff went uncontroverted. Counsel of Plaintiff drew my attention towards documents filed with plaint. This documents prima facie show that father of plaintiff and def. No. 1 and 2 was tenant of the suit premises. It under went redevelopment and it is contention of plaintiff that construction will be completed short time. He expressed apprehension that defendants No. 1 and 2 shall create third party interest in the suit property. Ld. Counsel for plaintiff submitted that there is a typographical error, plaintiff intended to pray for a prohibitory injunction restraining defendants No. 1 and 2 from creating third party interest in the suit property. He prays for issuing such injunction against defendant No. 1 and 2.
I have considered pleadings, documents on record and submissions of Ld. Counsel of plaintiff. Plaintiff has made out a prima facie case, balance of convenience lies in favour of plaintiff. Plaintiff would suffer irreparable loss if injunction is not issued in favour of plaintiff. In such circumstances following order is passed
ORDER
1) Notice of Motion No. 1904/2020 is partly allowed.
2)Defendant No. 1 and 2 are hereby directed not to execute agreement of sale, mortgage or license in favour of third party in respect of suit premises, either by themselves or their servants, Agents, Relatives etc., and they shall maintain status-quo in respect of suit premises till disposed of this suit.
Matter adjourned for R/E to 19.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Plaintiff in-person present.
Adv. Sagar Kamble present for plaintiff.
None present for defendants.
Matter adjourned for R/E to 22.10.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: Plaintiff present.
Adv. Harshada Kamble for plaintiff present.
Adv. Anup Kamble i/b. Adv. Aditya Raktade for defendant present.
At the request of Ld. Adv. for plaintiff, matter is keep back for  evidence of plaintiff.
Later on at 12.27 p.m.
None present for the parties.
Matter adjourned for R/E to 26.03.2025.
Later on at 01.12 p.m.
Plaintiff present.
Adv. Harshada Kamble for plaintiff present.
Ld. Adv. for plaintiff tendered affidavit of evidence and list of documents. Taken on record and marked as Exh.6 and Exh.7 respectively.
Matter adjourned for admission and denial to 26.03.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: Plaintiff present.
Adv. Harshada Kamble for plaintiff present.
Adv. Dnyanesh Patil i/b. Adv. Aditya Raktade for defendant Nos.1 and 2 present.
Defendant No.1 present.
Ld. Adv. for defendant seek time to file say on list of document Exh.7.
Time granted as a last chance.
Matter adjourned for admission and denial to 25.06.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: Plaintiff present.
Adv. Harshada Kamble present for plaintiff.
None present for defendant. Defendant failed to file reply.
Matter adjourned for marking of Plaint to 04.09.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: Plaintiff present.
Adv. Sagar Kamble for plaintiff present.
Defendant No.1 present.
The real dispute is between plaintiff and defendant No.1 and 2. There is chance to settle the matter. Hence, matter be referred to Lok Nyayalay to be held on 13.09.2025. Parties to undertake to give notice to interested parties.
Matter adjourned for Lok Adalat to 13.09.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-09-2025

Date: 13-09-2025
Business: PANEL HEAD - HHJ  Mr. AMIT A. LAULKAR
Panel Member - Adv. Ms. Bhoomika Prakash Lodha
Matter pertains to CR No. 8
The Plaintiff is present in person
Adv. Mr Sagar Kamble for the plaintiff is present.
Defendant Nos. 1 and 2 are present.
None present for defendant Nos. 3 to 5.
Advocate for defendant is absent.
Parties are willing to settle the matter.
Settelment terms needs verification by the Advocates of defendants.  According to defendant today his Advocate is not available. Hence, matter sent to regular Court.
Matter Adjourned  for consideration of settlement to 16.09.2025
Adv. Ms. Bhoomika Prakash Lodha          HHJ Mr. AMIT A. LAULKAR
      Panel Member                                    Panel Head
Next Purpose: CONSIDERATION
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: None for plaintiff and defendants.
Matter adjourned for marking documents  to 11.11.2025.
   Judge
Later on at 02.56 p.m.
Adv. Sagar Kamble for plaintiff present and tendered application Exh.8. Taken on record. Plaintiff seek permission for withdrawal of suit against defendant No.3 to 5. Absolute withdrawal is sought. Hence, permission granted for withdrawal of suit against defendant No.3 to 5. Suit stands withdrawn against defendant No.3 to 5. He also tendered consent terms Exh.9. Taken on record.
Adv. Sagar Redkar for defendant No.1 and 2 present.
Plaintiff and defendant No.1 and 2 present. Plaintiff and defendant No.1 and 2 are duly identified by respective advocates before the Court. Plaintiff and defendant No.1 and 2 admitted the contents of consent terms Exh.9 when read over to them. Hence, accepted and recorded. Suit is decreed in terms of consent terms Exh.9. Decree be drawn up accordingly. Suit is disposed off with no order as to costs.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 16-09-2025

NOTICE OF MOTION/101904/2020
NOTICE OF MOTION/102870/2024

Registration Number: 100534/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100534/2020
Transfer Date: 04-04-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 101582/2020
Filing Date: 04-02-2020
First Hearing Date: 11th March 2020
Decision Date: 16th September 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE