Date: 27-02-2018
Business: Adv. Redekar for Plaintiff
Exh 1 Plaint
Exh 2 V/P
Exh 3 Memorandum of address
Exh 4 List of documents in plaint.
Exh 5 Vakaltanama of Adv. Shrirang Paranjape for Defendant no. 1
Adv. Sneha Prabhu for MHADA Defendant 3
Adv. Redekar filed affidavit of service of Writ of summons defendant no. 1 to 3 are duly served and he also tendered draft CS along with affidavit in support. Leave granted to Register the CS.
Matter Adjd for CS reply to 21.03.2018.
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 21-03-2018
Date: 21-03-2018
Business: Adv. Redekar for the Plaintiff present.
Adv. Mhatre h/f Adv. Paranjape for Defendant no.1 present.
Adv. Sneha Prabhu for Defendant no.3 present.
Order below Ch/s 450/18.
Plaintiff has taken out this Ch/s 450/18 for carrying our amendment in the Plaint. It is contended that Plaintiff has claimed in the present suit in respect of residential premises. However, by an oversight she could not claim her right in the commercial premises.
Defendant no.1 has formal reply to grant Ch/s.
Heard Adv. For Plaintiff and Defendant no.1.
in the facts and circumstances Ch/s is allow it would not change the nature of suit, hence order
Ch/s No.450/18 is made absolute in terms of prayer clause a. Plaintiff to carry out amendment within 14 days from this order.
Adjourned to 27.06.2018 for N/M Hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Adv. Redekar for Plaintiff present. He tendered Draft NM. TOR.
O - Leave granted to register NM.
Adv. Paranjape for Defendant no.1 present.
Adv. Sneha Prabhu for Defendant no.3 present.
Adv. Khatu filed Vakalatnama for Defendant no.2. Taken on record and marked as Exh.7.
Adjourned to 12.09.2018 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Matter adj. to 10/12/2018 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Redekar for plaintiff present.
Adv. Ms Khatu for defendant no.2 present.
Adv. Paranjpe for defendant no.1 present.
By consent, adjd. to 13.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Adv. Redekar for plaintiff present.
Adv. C.K.Mhatre h/f Adv. Paranjpe for defendant no.1 present.
Adv. Khatu for defendant no.2 present.
None present for defendant no.3.
Advocate for defendant no.2 seeks last adjournment for filing reply in NM.
O- Granted as a last chance.
Adjd. to 26.02.2019 for reply in NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Adv. Redekar for plaintiff present.
Adv. Mhatre h/f Adv. Paranjpe for defendant no.1 present.
Adv. Phatale for defendant no.2 present and tendered draft NM alongwith affidavit in support.
O- Leave granted to register it.
Advocate for plaintiff endorsed his reply on the draft NM itself.
By consent, heard argument in the draft NM and
F.R.S.R following order is passed-
ORDER
Draft Notice of Motion of defendant no.2 is allowed in terms of prayer clause (a) subject to costs of Rs.2,500/-(Rs.Two thousand five hundred).
The amount of cost shall be paid on or before next date to the plaintiff failing which, this NM shall be deemed to have been rejected.
Notice of Motion be got registered for statistical purposes.
Adjd. for compliance by defendant no.2 and for hearing in NM 2411/2018 to 18.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. Redekar for plaintiff present.
Adv. Khatu for defendant no.2 present.
Adv. Paranjpe for defendant no.1 present.
Adv. Sneha Prabhu for defendant/MHADA present.
As court is busy in hearing argument in NM 3193/18, which is made time bound by Hon\''ble High Court, board is discharged and this suit is adjourned by consent for NM hearing to 23.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: None present for plaintiff.
Adv. Paranjpe for defendant no.1 present.
Adv. Khatu for defendant no.2 present.
Adv. Sneha Prabhu for defendant no.3 present.
None present for plaintiff hence, adjourned to 05.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv. S. S. Redekar for the Plaintiff present.
Adv. Paranjape for Defendant-1 present.
Adv. Ms. P. H. Jadhav for Defendant no. 2 present.
As Court is busy in dictating orders in other matters on board. Hence, board is discharged.
Matter is adjd. to 19.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Redekar for the Plaintiff present.
Adv. Paranjpe for Defendant-1 present.
Adv. Hasan Khan for Defendant no. 2 present.
Adv. Sneha Prabhu for MHADA Defendant no. 3 present.
Heard arguments.
Matter is adjd. to 16.09.2019 for N/M orders/statement from the parties to the suit.
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. S. S. Redekar for the Plaintiff present.
Adv. Paranjape for Defendant-1 present.
Adv. Ms. Hasan Khan for Defendant no. 2 present
Matter is adjd. to 18.09.2019 for N/M order/ statement by parties to the suit in view of N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Mr. Redekar for the Plaintiff present.
Adv. Mr. Paranjpe for Defendant-1 present.
Adv. Sneha Prabhu for MHADA Defendant no. 3 present.
Adv. Mr. Hasan Khan for Defendant no. 2 present.
It is submitted by adv for Defendant no. 1 that Defendant no. 1 will not create any third party interest, if possession of new flat handed over to him and he has given consent for giving directions to the developer to deposit further entire amount of rent in the court, till receiving possession of new flat. In view of statement of adv for Defendant no. 1, developer is directed to deposit entire further rent in the court.
Officer of MHADA is directed to remain present before the court on next date to make clarification.
Matter is adjd. to 9.10.2019 for compliance by MHADA at 2.45p.m.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Redekar for the Plaintiff present.
Adv. Paranjpe for Defendant-1 present.
Adv. Ms. Khatu for Defendant-2 present.
Undertaking tendered by Defendant-1. t.o.r.
In view of submissions on behalf of Defendant no. 1 on 18.09.2019 and undertaking filed today, N/M no. 2411/18 stands disposed of.
Registrar (C) is directed to keep amount deposited by the Developer towards further rent in any Nationalized Bank by way of fixed deposit.
Further it appears that there is possibility of settlement through mediation. Hence, suit be sent for mediation before Judge mediator.
Matter is adjd. to 21.01.2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 09/04/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 07.07.2021 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None present for the plaintiff.
Adv Ashwin present for the defendant no.2
Matter is adjd. to 21.01.2022 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: PO is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Zokhande h/f Adv.Redekar for plaintiff present and tendered registered Ch/s 810/22 a/w affidavit in support. Copy of Ch/s supplied to defendant nos. 1,2.
Adv. C.K.Mhatre h/f Adv. Paranjape for defendant no. 1 present and filed his say on overleaf of Ch/s 810/22. He has no objection to grant Ch/s 810/22.
Adv.Ashwin Sawlani for defendant no. 2 present and filed his say on overleaf of Ch/s 810/22.
None present for Defendant no. 3.
Matter is adjd.to 20-07-2022 for Ch/s reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Redekar for plaintiff present.
Adv. C.K. Mhatre h/f Adv. Paranjape for defendant no. 1 present.
Adv. Ashwini Sawlani for defendant no.2 present.
Adv. Shena Prabhu for deft.no. 3 / MHADA present.
Order - Read the chamber summons and say filed by other party.
Deft.no. 1 is dead. The plaintiff wants to bring on record the legal heirs of defendant no.1.
The other defendants have no objection to bring legal heirs on record.
For interest of Justice, the ch/s no. 810/22 is hereby allowed.
Plaintiff is directed to carry out the amendment and bring on record the legal heirs of deft.no. 1 and supply the amendment copy of the plaint to other party on or before next date.
Ch/s no. 810/ 22 is disposed of.
Matter is adjd. to 17.09.2022 for carry out amendment.
Next Purpose: CHAMBER SUMMONS FOR AMENDMENT
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Adv. S.S. Redekar present for plaintiff and carried out amendment and supplied amended copy to Deft.no. 3
Adv. Mangal Kadam for defendant No.3/MHADA present.
Matter is adjd. to 16.11.2022 for additional WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: By precipe.
Adv. Redekar for plaintiff present.
Plaintiff nos. 1 and 2 present and filed pursis vide Exh.11 and submitted that plaintiff and deft.nos. 1a, 1b and 2 settled the matter. Therefore, they do not want to proceed against deft.no. 3/MHADA and plaintiff is withdrawing the suit against deft.no. 3/MHADA
Adv. S.K. Paranjape for defendant Nos. 1a and 1b present and filed VP. TOR. Marked at Exh.12.
Adv. Disha Jain for Deft. No. 2 present.
Adv. Pathak h/f Adv. Sneha Prabhu for MHADA/Deft no. 3 present and filed say on Exh.11.
Considering the matter is settled between plaintiff and defts no. 1 and 2. Hence is permission granted to withdraw the suit unconditionally against deft.no. 3. Hence, suit is disposed of as withdrawn against deft.no. 3.
The plaintiff nos 1 and 2 and deft.no 1a and 1b and deft.no. 2 filed the Consent Term Exh. 13 on record. The contents written in the Consent Term admitted by the plaintiff and defendants. They made signature on consent term. They identified by their advocates. The deft. no .1a acting as a guardian of minor, admitted the contents written in the Consent Term. The share in the suit property is alloted to share of minor. Hence, the Consent Term is read and recorded. Hence, suit is decreed in term of Consent Term. Hence, suit is disposed of. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 15-12-2022