Satyawan Janardan KokaneVsVaishali Santosh Kale and Ors.

Date: 24-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Next Purpose: C/S REPLY
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Constitution Attorney of plaintiff is present. He has tendered draft Notice of motion along with affidavit in support.  Leave to register Draft Notice of Motion is granted.
The defendants are ordered to be served.
The Chamber summons No.550/2020 is pending for reply and hearing.
The plaintiff has filed on record the service affidavit showing that the defendants are duly served.  No reply is filed by the defendants. By this Chamber Summons the plaintiff wants to implead the subsequent purchaser and he has also filed the Draft Notice of Motion against them alleging that the suit premises has been already transferred in breach of injunction order, the purchaser is also likely to create third party interest in the suit premises.
As such, I hold that the Chamber Summons deserves to be allowed and is accordingly allowed.
The plaintiff to carry out necessary amendment in array of the party and serve the suit summons on added party along with the notice of the Draft Notice of Motion filed today.
Matter is adjd. to 02.11.2020 for reply/hearing Notice of Motion.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Called at 02.05 PM.
KB
again called at 02.45 PM.
None present.
Matter is adjd. to 08.01.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: CA of plaintiff present.
Adv. Mr. Kandekar for the defendant no.9.
The plaintiff has taken out NM No. 1842/2020 and NM No. 1556/2020 against defendants no.5, 23 and 24. CA of the plaintiff submitted that defendants no.5, 23 and 24 have refused the accept the service. Hence, NM to proceed without their reply.
Matter is adjd. to 18/02/2021 for  hearing of NM No.2306/17, NM No. 1842/2020 and NM No. 1556/2020.
Next Purpose: HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: CA of  plaintiff is present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.9.
Adv. Mr. Khatib for defendants No.16 to 22.
KB   L.O.
Heard CA of the plaintiff. The plaintiff has filed the suit of possession and declaration and recovery of future mesne profits. From the statement made by the CA of the plaintiff, it is clear that the plaintiff has valued the suit based on the sale deed of the year 2008. However, the suit is filed in the year 2015. It is well settled that the valuation of the suit  is to be made as on the date of the filing of the suit.   As per the provisions of Order VII Rule 1 of CPC,  the plaint shall contain a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of Court-fees, so far as the case admits, showing the provisions of law under which the valuation for Court-fees and jurisdiction is separately made. In the plaint, the plaintiff has not mentioned  the provisions of law under which the valuation for Court-fees and jurisdiction is made.  The CA of the plaintiff states that the plaintiff would pay the necessary Court Fees as per the provisions of the law. As such, the plaintiff shall pay Court fees on the market value of the suit property as per the provisions of  Section 6 (iv) (v) of the Maharashtra Court Fees Act.   So, the plaintiff is  directed to pay court fees as per the provisions of section 6 (iv) (v) of the Maharashtra Court Fees Act and correct the valuation clause of the plaint in consonance with the provisions of  Order VII Rule 1 of CPC.
Matter is adjd. to 06/03/2021 for NM hearing and compliance.
Next Purpose: HEARING
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: CA of plaintiff is present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.9.
The plaint was lodged on 25/09/2014. However, in the  rozanama dated 18/02/2021, based on the registration number of the suit, it was inadvertently mentioned that the suit was filed in the year 2015. The said typographical mistakes stands corrected.
On oral request of the CA of the plaintiff, matter is adjd. to 03/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2021

Date: 06-03-2021
Business: CA of plaintiff is present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.9.
The plaint was lodged on 25/09/2014. However, in the  rozanama dated 18/02/2021, based on the registration number of the suit, it was inadvertently mentioned that the suit was filed in the year 2015. The said typographical mistakes stands corrected.
On oral request of the CA of the plaintiff, matter is adjd. to 03/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2021

Date: 06-03-2021
Business: CA of plaintiff is present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.9.
The plaint was lodged on 25/09/2014. However, in the  rozanama dated 18/02/2021, based on the registration number of the suit, it was inadvertently mentioned that the suit was filed in the year 2015. The said typographical mistakes stands corrected.
On oral request of the CA of the plaintiff, matter is adjd. to 03/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2021

Date: 06-03-2021
Business: CA of plaintiff is present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.9.
The plaint was lodged on 25/09/2014. However, in the  rozanama dated 18/02/2021, based on the registration number of the suit, it was inadvertently mentioned that the suit was filed in the year 2015. The said typographical mistakes stands corrected.
On oral request of the CA of the plaintiff, matter is adjd. to 03/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 19.06.2021 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: C.A of plaintiff present.
Adv. Satamkar h/f Kandekar for defendant No.9 present.
By consent, matter is adjd. to 21/08/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: C.A. of plaintiff present.
None for defendants.
Matter is adjd. to 07/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on Leave.
Next Purpose: COMPLIANCE
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 04.12.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: None present for the plaintiff.
Adv Pathak H/f Adv Kandekar present for the MHADA.
Matter is adjd. to 15.01.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Mr.Kokane Plaintiff in person present.
None for defendants.
LO at 03.07 pm.
CA of Plaintiff appears in person.
He filed additional list of documents TOR.
None present for defendants.
The CA submits that matter is proceeding without Written statement of defendants. In view of the on going SOP, it would not be proper to hear the CA in absence of defendants today. Therefore, matter is lastly adjd. to 03.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Prashant Kokane C.A of  Plaintiff.
Adv.Kandekar for defendant no.9 is present.
Matter is adjd. to 28.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court).
Adv Pathak h/f Adv. Kandekar for MHADA present.
Prashant Kokane, C.A. of plff present.
Adjd for NM hearing to 6/4/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: 04-03-2022.
(As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
By Praecipe.
CA of plaintiff in person is present.
Adv. Mr. Pathak h/f Adv. Kandekar for defendant No. 9 is present.
None present for other defendants.
CA of plaintiff submitted that MHADA is formal party and he will filed affidavit of service of notice for taking matter on today board.
KB LO at 4.02 pm.
CA of plaintiff tendered affidavit of service. TOR. He also tendered additional list of documents. TOR. It is marked at Exh.13.
In view of request of CA of plaintiff  and affidavit of service.
Matter is prepone and adjourned for NM hearing to 23.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: C. A. of plaintiff Mr. Prashant Konkane present  for plaintiff and made endorsement on affidavit in support of nm no. 769/2017 that plaintiff is withdrawing notice of motion. He submitted to dispose off the nm no. 769/2020 as withdrawn. Hence, nm no. 769/2020 is disposed off as withdrawn.
None present for defendant.
Matter is already adjourned for hearing on nm no. 1842/2020 to 06/04/22.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-03-2022

Main Case No: SUIT/0100686/2015
Main Cnr: MHCC010102122014
Main Filing No: 111447

Registration Number: 100769/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100769/2020
Transfer Date: 28-02-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 100769/2020
Transfer Date: 07-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102300/2020
Filing Date: 18-02-2020
First Hearing Date: 24th March 2020
Decision Date: 23rd March 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE