Nisar Ahmed Mohammed ShaikhVsMHADA And Ors.

Date: 22-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv. Sarita Donde for plaintiff present.
Adv. Prabhu for defendant nos.1 to 4/MHADA present.
Advocate for plaintiff tendered list of documents Exh.7 with documents. O-Be filed. Copies be given to otherside.
Say filed by advocate for defendants on application Exh.5 itself.
Order on Exh.5- Heard. Considering the fact that only date is sought to be changed, allowed to carry out the amendment. Amendment be effected forthwith.
Adjd. to 27.02.2019 at 12.30 pm for argument in NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019

Date: 15-03-2019
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv.  Ms. Madhavi Mahadik  h/f adv. Ms. Sarita Donde for the Plaintiff present.
Tendered draft Ch/s alongwith affidavit in support of Ch/s taken out by plaintiff. t.o.r.
O- Leave is granted to register.
Adv. Ms. Prabhu for Defendant  no. 1 to 4 present.
Earlier order to continue till next date.
Matter is adjd. to 22.7.2019  for reply to Ch/s and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv. Sarita Donde for the Plaintiff present.
Adv. Ms. Prabhu for Defendant no. 1 to 4 present.
Adv. for plaintiff tendered original chamber summons no. 1229/19  TOR.
Earlier order to continue till next date.
By consent matter is adjd. to 09.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Adv. Ms. Donde for the Plaintiff present.
Adv. Prabhu for MHADA Defendant present.
As court is busy in hearing arguments in other matters on board. Hence, remaining board discharged.
Earlier ad interim order be continued till next date.
Matter is adjd. to 24.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. Sarita Donde for the Plaintiff present.
Adv. Prabhu for MHADA Defendant no.  present.
As the Court is busy in dictating Judgment, orders and other matters on board, hence board is discharged.
Earlier ad interim order be continued till next date.
Matter is adjd. to 15.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv.Sarita Donde for plaintiff present.
Adv. for defendant present.
Adv.Ms.Prabhu for MHADA/deft.No.1 to  4 Present.
Earlier Ad-interim order, if any be continued till next date.As As court is busy in hearing urgent matters.Hence, Board is discharged.
Matter adj for NM hearing to 09.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjourned for  NM hearing  to 14/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: C.A of plaintiff Mr. Chandrakant Gaikwad is present.  Advocate is absent.
Adv. Prabhu for defendant no.1 to 4  is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd.  for  NM hearing / dismissal  to 22.01.2020.
L.O. at 4.25 p.m.
Adv. Prabhu for defendant No.1 to 4 present
Adv. Madhavi Mahadik h/f Adv. Sarita Donde is present.  By concent, matter is fixed on 30.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: matter adjd to 18.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Earlier Order to be continue till next date.
Matter is adjd. to  28.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for the plaintiff.
None for the defendant.
Matter is adjd. to 02.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. Ms. Mahadik h/f Adv. Vaidya for the plaintiff.
Adv. Mangal Kadam for the defendant No.1.
Advocate for the plaintiff filed application for extension of ad-interim relief. O- Other side to say.
Say filed by advocate for the defendant No.1.
ORDER
The ad-interim relief which was in existence till 18/03/2020.  However, on 18/03/2020, ad-interim relief was not extended. As per the order dated 09.12.2020, in Suo Motu Writ Petition (ST) No. 93432 of 2020, the Hon\''ble Bombay High Court had extended the protective order restraining public authorities from giving effect to the order of demolition till 31.01.2021. The ad-interim relief granted in favour of the plaintiff in this suit was not against demolition the suit property. Even otherwise, the ad-interim  injunction granted to the plaintiff stood automatically vacated on 01.02.2021. Today, the ad-interim relief is not in existence. Hence, the question of extension of ad-interim relief does not arise. Accordingly, the application stands rejected.  The advocate for the plaintiff may argue the notice of motion on merits.
Matter is adjd. to 08/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 02.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Plaintiff present.
Advocate for plaintiff absent.
Adv. Mangal Kadam for defendant No.1 present.
Matter is adjd. to 22/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present.
Matter is adjd. to 31.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 11.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv. Madhuri mahadik hf adv. Sarita dhonde present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for nm hrg. To 17/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv. Sarita donde present for plaintiff and he tendered original registered Notice of Motion No. 1730/2022 @ affidavit. t.o.r..
She also tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Mangal Kadam present for defendants/MHADA and submitted that, she don\''t want to file reply to the nm no. 1730/2022.
kb.
l.o. at 05.01 pm.
ld. adv. For plaintiff pressed for grant of ad-interim relief in terms of prayer clause (a) and (b) .
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants.
Adv. For plaintiff on instructions of defendant made statement that, till tomorrow defendant will not implement notice/order. The above statement is accepted.
Matter adjourned for order as to ad-interim relief on nm no. 1730/2022 to 06/05/22.
Next Purpose: ORDER
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Sarita Donde present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
F.R.S.R. following order as to ad-interim relief is passed on Notice of Motion No. 1730/2022.
                                 ORDER
1) Prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) of the notice of motion no. 1730/2022 is dismissed.
Adv. Donde present for plaintiff and she tendered application for staying the order dismissing ad-interim relief for two weeks. t.o.r marked as Exh. 08.
Adv. For defendant filed say on Exh. 08 Itself.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants 01 and 04 on Exh. 08.
Following order is passed on Exh.08.
ORDER-  Perused the application, say of the defendant and record. Heard both the sides.
    From the matter on record it appears that, after hearing the parties today, court dismissed the prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) of notice of motion no. 1730/2022. There is no executable order passed today. It appears that, no ad-interim order is continuing today. No question of earlier order or to stay the effect and operation of today\''s order. Therefore, application Exh.  08 is rejected.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for nm hrg. To  24/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None present for plaintiff.
None present for defendant.
Mr. Chandraant Gaikwant POA of plaintiff is present and sought adjournment.
Adv. Mangal Kadam for defendant no.1/MHADA is present.
Matter adjourned for NM hearing to 27/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Sarita donde present for plaintiff and submitted that, appeal is preferred in high court against ad-interim order and sought adjournment.
Adv. Mangal Kadam present for defendants/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 23/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None present for plaintiff.
Adv. Redekar present for applicant in draft CS and tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Redekar tendered vakalatnama on behalf of applicant in draft CS t.o.r marked as Exh. 11.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing and service and reply to cs to 27/09/22.
l.o. at 03.33 pm.
Adv. Sarita donde present for the Plaintiff and received the copy of chs.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Sarita donde present for plaintiff and sought adjournment.
Adv. redelar present for applicant and he tendered original registered Chamber Summons No. 1282/2022 @ affidavit. t.o.r.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for reply to cs to 19/10/22.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Sarita donde present for plaintiff and tendered affidavit in reply to chs. no. 1282/22 t.o.r..
copy served to the advocate for the applicants.
Adv. Redekar present for applicant in chs. no. 1282/2022.
Adv. Mangal Kadam present for defendants/MHADA.
Matter adjourned for hearing on chs. 1282/22 To 11/11/22.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Redekar present for applicant in cs 1284/2022 and sought adjournment.
Adv. Ravindra singh present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
Matter adjourned for cs hearing to 24/11/22.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Sarita donde present for plaintiff and sought adjournment.
Adv. Redekar present for applicants in chs. 1282/2022.
None present for defendant.
Matter adjourned for cs hearing to 01/12/22.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv Sarita Donde present for plaintiff.
Adv Redekar present for applicant in Chamber Summons no. 1282/2022
Adv Mangal Kadam present for defendants
Heard arguments of Ld. Advocate for applicants in Chamber Summons no. 1282/2022 and Ld. Advocate for plaintiff & defendants.
Matter adjourned for Order on Chamber Summons no. 1282/2022 to 08.12.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. sarita donde  present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
Adv. Redekar present for applicant in chs. no. 1282/2022.
As court is busy in dictating judgment in suit no. 689/202 recording evidence in 2399/2011 and order on nm no. 2770/2022 in suit no. 1315/21. Hence, Matter adjourned for cs order to 15/12/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Sarita donde present for plaintiff.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
None present for other applicants in chs. no. 1282/2022.
As court is busy in  hearing arguments on nm in suit no. 725/19.
Matter adjourned for order on cs to 20/12/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Redekar present for applicant in chs. no. 1282/2022.
Adv. Mangal Kadam present for defendant 01 to 04/MHADA.
None present for other defendants.
F.R.S.R. following order is passed on Chamber Summons No. 1282/2022.
                                    ORDER
1) Chamber Summons No. 1282/2022 is made absolute.
2) Plaintiff shall carry out the necessary amendment to the plaint for joining applicant as a party defendant no. 05 in the suit within 14 days from the date of this order.
3) Chamber Summons No. 1282/2022 is disposed off accordingly.
Matter adjourned for compliance to 16/01/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv Sarita Dhonde for plaintiff present and sought extension of time for compliance of order passed on Chs. no. 1282/22 on dtd. 20.12.2022.
Adv Redekar for applicant present in ch/.s no. 1282/2022.
Adv Mangal Kadam for defendant no. 1 to 4 present.
O- Considering the submission of advocate for plaintiff time for  compliance of order in Ch/s No. 1282/2022 dtd. 20.12.2022 is a last on further 14 days from today as a last chance.
Matter adjourned for compliance to 30-01-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Sarita donde present for plaintiff and submitted that, order is complied.
Adv. Mangal Kadam present for defendant no. 01 to 04/MHADA.
Adv. Redekar present for defendant no. 05.
Matter adjourned for service of amended copy of plaint to 16-03-23.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: Adv Sarita Dhonde present for plaintiff and submitted that amended copy is served today to the defendants.
Adv Mangal Kadam present for defendant nos. 01 to 04/MHADA.
Adv Redekar present for defendant no. 05.
Matter adjourned for reply to NM to 20.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. Sarita donde present for plaintiff.
Adv. Mangal Kadam present for defendant no. 1 to 4/MHADA and sought adjournment to reply.
Adv. Redekar present for defendant no. 5 and tendered WS of defendant no. 05.
Adv. For plaintiff has no objection for taking it on record. Hence, WS of defendant no. 05 is t.o.r. marked as Exh. 12.
copy served to the advocate for the defendant/MHADA and plaintiff.
Adv. For defendant no 05 submitted that, ws of defendant no. 05 be treated as reply to nm no. 761/2019 and nm no. 1730/2022.
Matter adjourned for nm reply to 19-06-23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Sarita Donde present for plaintiff.
Adv. Redekar present for defendant No.5.
Advocate for defendant/MHADA absent.
Notice of Motion No.1730/2022 and Notice of Motion No.761/2019 shall be heard without reply of defendant/MHADA.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 01.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Adv. Kedar Prabhu h/f. Adv. Donde present for plaintiff. He prayed for adjournment. Adjournment is granted as last chance.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Not on board taken on board.
Writ received form Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 in Appeal from Order No.507 of 2022 with Interim Application No.3173/2022 vide A.O.Civ. No.C0801887/2023 dated 06.09.2023 vide City Civil Court Inward No.11112/2023 dated 13.09.2023.
Order.
Coram  Sandeep V. Marne, J.
Dated  30th August, 2023.
P.C.
   Due to paucity of time, stand over to 15.09.2023. Interim order, if any, to continue till then.
Matter is already adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 17.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: None present for plaintiff.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.01.2024.
Later on at 04.56 p.m.
Adv.Kedar Prabhu h/f. Adv. Donde present for plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Not on board taken on board.
Writ received from Honble High Court in continuation of High Court Writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No.C0802204 of 2023 dated 06.10.2023 in Appeal from Order No.507 of 2022 with Interim Application No.3173 of 2022 vide A.O.Civ. No.C0802560/2023 dated 30.10.2023 vide City Civil Court Inward No.14075 of 2023 dated 23.11.2023.
Order
Coram  Sandeep V. Marne J.
Date  17th October, 2023.
P.C.
Due to pauticy of time, stand over to 11.12.2023. Interim order, if any, to continue till then
Matter is already adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 12.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Adv.Kedar Prabhu h/f. Adv. Donde present for plaintiff. He soughts an adjournment. Adjournment is granted.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Hearing on NM Nos.1730/2022 and 761/2019 to 29.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5.
Leave extended till next date for register chamber summons which was tendered by tendered by plaintiff on 05.05.2022.
     Order on Chamber Summons No.1229 of 2019
      Perused chamber summons, reply of defendant Nos.1 to 4. heard learned counsel of plaintiff, defendant Nos.1 to 4 and learned counsel of newly added defendant no.5.
     Heard learned counsels for all parties. This chamber summons is filed with intention to bring subsequent relevant events on record. It is contended that the plaintiff challenged notice dated 31.12.2018 by this suit. Subsequently on 22.02.2019 defendant nos.1 to 4 passed eviction order. Plaintiff desires to incorporate pleadings in respect of said eviction order and prayers against it. It is opposed on the ground that plaintiff took six months to file this chamber summons. Plaintiff could have filed chamber summons immediately after eviction order was passed.
      Having considered rival contentions and facts of the case, the plaintiff desires to bring subsequent events on record with intention to avoid multiplicity of proceedings. It will not change nature of suit. Hence, it deserves to be allowed. Accordingly I pass following order
ORDER
1. Chamber Summons No.1229 of 2019 is allowed.
2. Plaintiff to carryout necessary amendment within four weeks.
3.Chamber Summons No.1229 of 2019 stands disposed off accordingly.
Matter adjourned for Compliance and Ch/s. Hearing to 15.02.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Adv.Sarita Donde present for plaintiff and tendered registered chamber summons No.195/2024
Adv. Mangal Kadam present for defendant Nos. 1 to 4/MHADA.
Adv. S.S. Redekar present for defendant No.5 and endorsed say on chamber summons No.195/2024 itself.
Matter adjourned for Compliance and Ch/s. Hearing to 05.03.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Matter adjourned for Compliance and Ch/s. Hearing to 07.05.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam present for defendant No.4/MHADA.
Matter adjourned for Compliance and Ch/s. Hearing to 01.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Not on board taken on board.
Writ received from Honble High Court in continuation of High Court writ A.O. Civ.No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No. C0801887 of 2023 datd 06.09.2023 in Appeal from Order NO.507 of 2022 with Interim Application No.3137 of 2022 vide A.O. Civ. No. C0802204/2023 dated 06.10.2023 vide City Civil Court Inward No.10944 dated 20.07.2024.
Order
Coram Sandeep V. Marne, J.
Date     15th September, 2023.
P.C.
  Due to paucity of time, stand over to 17.10.2023. Interim order, if any, to continue till the.
Matter adjourned for Compliance and Ch/s. Hearing to 13.08.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Adv.Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam present for defendant No.1/MHADA.
On perusal of record, amendment is carried out as per order dated 29.01.2024 in Chamber summons No.1229/2019.
Order on Chamber Summons No.195/2024
     Perused chamber summons, affidavit in support and say endorsed by defendant No.5. Heard learned counsel for plaintiff, defendant No.5 and Smt. Kadam for defendant No.1/MHADA.
           Plaintiff desires to bring pleadings in respect of new notice issued by defendant/MHADA on 02.04.2022 on record. It is contention of counsel of plaintiff that, this amendment is necessary for judicious determination of this case.
             Having considered submissions of both sides, I think this is a fit case to exercise discretion in favour of plaintiff. This amendment will not change nature of suit. It will not prejudice defendants. Hence, it deserves to be allowed. Accordingly I passs following order
ORDER
1) Chamber Summons No.195/2024 is allowed.
2) Plaintiff is allowed to proposed amendment within four weeks from today.
3) Chamber Summons No.195/2024 stands disposed off accordingly.
Matter adjourned for Compliance to 18.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Adv.Sarita Donde present for plaintiff. She prays for time to carry out amendment.
Adv. S.S. Redekar present for defendant No.5.
On oral request of advocate for plaintiff, time is extended till next date to carry out amendment as per order dated 13.08.2024 in Chamber summons No.195/2024.
Matter adjourned for Compliance to 15.10.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. Ms. Sarita Donde present for plaintiff and tendered application for extentsion of time to carry out amendment as per Order dtd.13.08.2024 and appoint new CA. t.o.r. marked as Exh.13.
Adv. S.S. Redekar present for defendant No.5
O-Other side to say. Say given by Adv. defendant No.5 on Exh.13 itself.
Heard both the sides on Exh.13. O-Allowed.
Matter adjourned for Compliance to 14.11.2024.
Adv.Mangal Kadam for defendant/MHADA present.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Adv. Kedar Prabhu present for plaintiff.s
Adv. S.S. Redekar present for defendant No.5.
On oral request of advocate for plaintiff, time is extended till next date to carry out amendmed as per order dated 13.08.2024 in Ch/s. No.195/2024.
Matter adjourned for Compliance to 02.12.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Adv. Sarita Donde present for plaintiff.
Adv. S.S. Redekar present for defendant No.5.
Adv. Mangal Kadam for defendant/MHADA present.
Matter adjourned for Compliance to 09.01.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: Adv. Sarita Donde for plaintiff present.
None present for defendants.
Ld. Adv. for plaintiff undertake to file amended plaint by  next date. Time granted.
Matter adjourned for service of amended copy of plaint to 06.03.2025.
Next Purpose: SERVICE
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: Not on board, taken on board.
Received writ from Honble High Court in continuation of writ A.O. Civ. No.C0801032 of 2022 dated 02.06.2022 and subsequent writ A.O. Civ. No.C08022004 of 2023 dated 06.10.2023 in Appeal from Order No.507 of 2022 vide A.O. Civ. No.C0800144/2025 datd 21.01.2025 vide City Civil Court Inward No.1944 dated 28.01.2025.
Order
Coram  Sandeep V. Marne.
Dated 19th December, 2023.
P.C.
Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 18.12.2024. Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date.
Matter adjourned for service of amended copy of plaint to 06.03.2025.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: None present for plaintiff.
Adv. S.S. Redekar for defendant No.5 present.
Adv. Mangal Kadam for defendant/MHADA present.
     Ld. Adv. for defendant No.5 points out that, plaintiff has carried out amendment in the plaint and therefore defendants needs to file additional written statement. However till date, plaintiff has not served copy of amended plaint on defendants.
    It appears that, plaintiff has though carried out amendment, failed to tender copy of amended copy of plaint on record. On last date time was granted for the same, however plaintiff has not complied the same.
     In view of the above, plaintiff to comply. If plaintiff fails to take proper steps, necessary orders in that regard will be passed.
Matter adjourned for compliance by plaintiff to 27.03.2025.
Later on at 04.10 p.m.
Adv. Sarita Donde for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: Coram HHJ SMT. A.V. KASTURE, Judge, City Civil Court, Mumbai.(C.R.09) (Incharge of C.R. No.08)
Matter pertains to C.R. No.08
Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present. He tendered additional
written statement cum reply to NM No.761/2019 and NM
1730/2022. taken on record and marked as Exh.13.
Matter adjourned for NM Hearing to 07.04.2025.
I/c. Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Not on board, taken on board.
Received writ from Honble High Court vide A.O. Civ. No.
C0800864/2025 dated 27/02/2025 vide City Civil Court Inward
No.5675 dated 28.03.2025.
Order
Coram  Gauri Godse, J.
Dated   10th February, 2025.
P.C.
   1. Due to paucity of time the matter could not be taken up.
  2. List he appeal on 4th April 2025. To be listed High on Board
under the caption for Admission.
  3. If any ad-interim/interim relief is operating till today, the same
shall continue to operate till the next date. If ad-interim/interim
relief is granted not for a limited period, the same shall remain
unaffected.
Matter adjourned for NM Hearing to 07.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv. Kedar Prabhu for plaintiff present.
Adv. Redekar for defendant No.5 present.
Adv. Mangal Kadam for defendant/MHADA present.
Ld. Adv. for plaintiff tendered copy of amended plaint. Taken on
record. O-Filed.
By consent, matter adjourned for NM Hearing to 13.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2025

Date: 13-06-2025
Business: Adv. Sarita Donde for plaintiff present.
Adv. Redekar for defendant No.5 present.
Keep back.
Later on at 04.35 p.m.
Adv. Sartia Donde for plaintiff present.
Adv. Redekar for defendant No.5 present.
Notice of Motion No.761/2019 is not pressed for hearing, hence disposed off with no order as to costs.
Nature Of Disposal: OTHER
Disposal Date: 13-06-2025

Main Case No: SUIT/0100397/2019
Main Cnr: MHCC010005222019
Main Filing No: 111447

Registration Number: 100761/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100761/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102285/2019
Filing Date: 22-02-2019
First Hearing Date: 22nd February 2019
Decision Date: 13th June 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE