Shafatulla Mehmoodulla SiddiquiVsMHADA

Date: 07-03-2020
Business: Adv. Sakhalkar for the Plaintiff present and he tendered registered N/M no. 987/2020 alongwith affidavit in support. t.o.r.
Adv. Mangal Kadam for the Defendant present and she filed reply to N/M no. 987/20. t.o.r.
Heard arguments of both sides. Matter is adjourned for order on N/M. The Ld adv for Defendant is not ready to continue the undertaking given by the Defendant no. 1 till date of the order. The officer Mr. Ritesh Kumar Sahu Deputy Engineer on behalf of the Defendant, however undertakes that the Defendant will not take any coercive action to demolish the premises or to dispossess the Plaintiff till next date.
Matter is adjd. to  13.03.2020 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Mr. Sakhalkar for the Plaintiff present.
Adv. Ms. Mangal Kadam for Defendant/MHADA present.
Parties were heard on the N/M on the last date and it was fixed today for order. The adv for Plaintiff shows copy of approved plan to show that the provision of Development Control and Promotion Regulations for Greater Mumbai, R-33(7) are applicable. The Ld adv for the Defendant/MHADA sites one judgment of the Hon\''ble Bombay High Court. The substantive claim of the Plaintiff is based on the memorandum dtd 17.12.2008. The adv for the Defendant has challenged its genuineness. Under such circumstances, the original memorandum and general Power of Attorney have to be perused and also the plan and the ruling have to be considered.
Earlier statement by the Defendant to continue till next date.
Matter is adjd. to 17.03.2020 for production of the original memorandum and Power of Attorney, plan by the Plaintiff/ N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Adv. Mr. Sakhalkar for the Plaintiff present and he filed original documents for inspection of the Court.
Earlier ad interim order be continued till next date.
Matter is adjd. to 18.03.2020 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv. Mangal Kadam for defendant no. 1 is present.
Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
For the reason separately recorded, the following order is passed-
                                     ORDER
1. The Notice of Motion No.987 of 2020 is hereby dismissed.
2. Ad-interim relief granted, if any, shall stands vacated.
3.The Notice of Motion No.987 of 2020 stands disposed of
 accordingly.
Matter is adjd. for written statement to 10.07.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present for the plaintiff.
None present for the defendant.
Defendant fail to file written statement within stipulated period.
Hence no WS order is passed against the defendant.
Matter is adjd. to 15.03.2021 for evidence of the plaintiff (without WS)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None for plaintiff.
Adv. Mangal Kadam for defendant No.1.
Matter is adjd. to  05/05/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Court is on leave.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: As Court is busy in hearing argument in SU No.6910/78 and SU No.4289/19. Hence, Board is discharged.
Matter is adjd. to 11.02.2022 for hearing without ws.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. To 12.04.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for RE to 24/06/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None present for plaintiff.
Adv. Mangal Kadam  for defendant is present and file pursis for treating reply dated 07/03/2020 filed by defendant as written statement of defendant. O: TOR. Marked Exh. 6.
As plaintiff and his advocate is absent sine long.
Matter adjourned for dismissal order to 12/07/2022..
Next Purpose: DISMISSAL
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: None present for Plff. Adv Mangal Kadam present for defendants/MHADA. LO at 12.15pm. None present for plff.  Issues framed at Exh.7. Adjd for R/E on 18.8.22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None present for plaintiff.
Adv Mangal Kadam for defendant no.1 Mhada present.
Matter adjourned for R.E./Order to 26.09.2022 .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA.
As plaintiff and his adv. are absent, since long and did not adduce evidence, Matter adjourned for dismissal order to 15/10/22.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA.
From the record it appears that, plaintiff and his adv. Are absent since long and did not take steps to proceed further with the suit and did not adduce evidence. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 15-10-2022

NOTICE OF MOTION/100987/2020

Registration Number: 100515/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100515/2020
Transfer Date: 04-04-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102127/2020
Filing Date: 14-02-2020
First Hearing Date: 07th March 2020
Decision Date: 15th October 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE