Faisal Kasim DadarkarVsMrs. Rosemeen W/o. Mohammed Danish Pitalwala and Ors.

Date: 21-02-2020
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mooman for plaintiff is present. He tendered Original registered N/M No. 785/2020 along with affidavit in support. t.o.r.
None present  for defendant no. 1 to 3 and 8.
Adv. Prabhu for MHADA Defendant no. 5 to 7 present.
Heard argument of adv. of plaintiff and defendant no. 5 to 7.  No relief is sought against defendant  no. 5 to 7 in N/M no785/2020.  By this N/M plaintiff has prayed for appointment of Court Receiver in respect of Room No. 2 situated on 9th floor of Al-ameer apartment, Chinch Bazar Mumbai, for directing defendant no. 2 to 4 to pay Rs. 6,28,500/- and for restraining defendant no. 2 to 4 and 9 from creating any third party rights in respect of Room No. 2.  The plaintiff has relied on the copy of Agreement dt. 17/09/2004 executed between defendant no. 2 to 4 and deceased mother of plaintiff/tenant of original room no. 13, 2nd floor, Dhanaji Building, Jail road, South Mumbai. The recitals of agreement prima facie shows that for redevelopment of the property, the agreement was executed thereby undertaking to provide temporary transit accommodation and permanent alternate accommodation after construction of  entire building.  According to plaintiff at present defendant no. 9 is residing in room no. 2. However, without considering the reply of defendants, I do not find it proper to grant any ad-interim relief at this stage. Hence the prayer of Ad-interim Relief is rejected.
Matter is adjd. for N/M reply to 02/04/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2021

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

Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: SERVICE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Adv.Y.E.Momaan for plaintiff.
Adv.Tejashree Panchal for defendant no.1.
Adv.for plaintiff filed by Service affidavit.
The adv. for defendant no.1 gave undertaking to file VP on next date. She request time for reply NM No.785/2020. Last Chance is granted to file reply the defendant no.2 to 9 fail to file reply on NM therefore NM to proceed without their reply.
Matter is adjd. to 20.08.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Mooman for plaintiff present.
V/P filed by Adv. Tejashree Patkar for D/1 t.o.r.  at Exh.
Adv. Ms. Sawant for D/3 present.
Adjournment appln. filed by adv. for D/1- Granted lastly.
Matter is adjd. to 12/10/2021 for filing NM reply by D/1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv. Mr. Mooman for plaintiff present.
Adv. Tejashrii for defendant No.1 present and filed reply to NM No.785/2020.
Adv. Ms. Kalpana for the defendant No.3 present.
Adv. Chandramore for defendant/BMC No.8 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant No.3. O-  Leave to register N/M is granted.
Matter is adjd. to 30/10/2021 for tendered registered NM/reply rejoinder NM No.785/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: Plaintiff is present.
Advocate of plaintiff absent.
Adv. Ms. Tejashree Panchal for defendant No.1 present.
Adv.  Ms. Kalpana Kanere for defendant No.3 present and tendered registered NM No.2549/2021 and alongwith affidavit in support. t.o.r.
Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant No.1. O-  Leave to register N/M is granted.
Matter is adjd. to 01/12/2021 for tendering registered NM/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Mr.Mooman present for the plaintiff.
He filed reply to the rejoinder.
Adv Chandramore present for the corporation.
Adv Tejeshree present for the defendant no.1
Adv Kalpana Kanhere present for the defendant no.3
Adv Ms.Chaurasiya present for the defendant no.5,6,7
Matter is adjd. to 18.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Plaintiff present.
Adv Tejeshree Panchal present for the defendant no.1
Adv Kalpana Kanhere present for the defendant no.3
Matter is adjd. to 05.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 01.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
Adv. Mooman for plaintiff present.
Adv. Tejashree Panchal for deft No.1 present.
Adv. Kalpana Kanhere for deft No.3 present.
Adv. Chandrashekhar for deft No.5,6 & 7  present.
Heard arguments of Adv for deft No.1 and plaintiff on NM No.2992/21 and argument of Adv for deft No.3 and Adv for plaintiff on NM no.2549/21.
FRSR; Following order is passed on NM No.2549/21:
                                ORDER
1) Notice of Motion No.2549/2021 is made absolute.
2) Written statement and reply of the defendant No.3 to the notice of motion No.785/2020 be taken on record if tendered by the defendant No.3 on or before next date.
3) Notice of Motion No.2549/2021 is disposed of accordingly.
FRSR; Following order is passed on NM No.2992/21:
                                ORDER
1) Notice of Motion No.2992/2021 is made absolute.
2) Written statement of the defendant No.1 be taken on record if tendered by the defendant No.1 on or before next date.
3) Notice of Motion No.2992/2021 is disposed of accordingly.
Matter adjd for filing W/S and NM hearing to 10/3/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Absent for plaintiff.
Plaintiff in person present.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Panchal present  for defendant no. 01 and she tendered WS of def.no. 01 t.o.r. marked as Exh. 06
Plaintiff in person present.
Adv. Kalpana Kanhere present for def. no. 03 and she tendered Ws of def.no. 03 t.or marked as exh. 07
Adv. For def.no. 03 also tendered affidavit in reply to nm no. 785/2020.
Matter adjourned for nm hrg. To 30/03/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Mooman present  for plaintiff and sought adjournment.
Adv. Yash mandlik present for defendant 03 and sought adjournment.
Adv. Chandramore present for defendant no. 08/MCGM.
Adv. Tejashri panchal present for def. no. 01.
Matter adjourned for nm hrg. To 26/04/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Mr. Moman for plaintiff is present and sought adjournment.
Adv. Ms. Chandramore for defendant No. 8 is present.
None present for other defendants.
Matter adjourned for NM hearing to 16.06.2022.
JudgeAdv. Mr. Moman for plaintiff is present and sought adjournment.
Adv. Ms. Chandramore for defendant No. 8 is present.
None present for other defendants.
Matter adjourned for NM hearing to 16.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Aliya Sayyed present for plaintiff and sought adjournment.
Adv. Amit Gade present for defendant 03.
Adv. Tejasri Panchal present for defendant 01.
Adv. Chandramore present for defendant 08/MCGM.
None present for other defendants.
Matter adjourned for nm hrg. as a last chance to 11/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Plaintiff in person present and sought adjournment.
Adv. Tejashri panchal  present for defendant 01.
Adv. Yash Mandlik present for defendant no. 03.
Adv. Chaurasiya present for defendant/MHADA.
Adv. Chandramore present for defendant 08/MCGM.
None present for other defendants.
Defendant no. 01 in person present.
Matter adjourned for nm hrg./order to 26/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Mooman present for plaintiff and tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register..
copy served to the advocat  for defendant no. 01 and 02.
Adv. Amit Gade present for the defendant no. 03.
Adv. Chandramore present for defendant 08/MCGM.
Adv. Yash Mandlik present for defendant 01 and tendered vakalatnama on behalf of defendant no. 01. t.o.r marked as Exh.06..
Matter adjourned for reply to chs. And heairng on nm no. 785/2020 to 17/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: None present for plaintiff.
Adv Yash Mandlik present for defendant no. 01.
AT 02.45 pm.
Adv Alia Sayyed present for plaintiff.
Adv Yash Mandlik present for defendant no. 01 and sought time to file reply to Chamber Summons.
None present for other defendants.
Matter adjourned for reply to Chamber Summons and hearing on Notice of Motion to 27.09.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Aliya sayyed hf adv. mooman present for plaintiff and he tendered original registered Chamber Summons No. 1125/22 @ affidavit. t.o.r.
Adv. Yash Mandlik present for defendant and sought adjournment.
Adv. Pathak hf adv. Siddharth chandrashekhar present for defendant 05 to 07/MHADA.
Adv. Chandramore present for defendant 08/MCGM.
Matter adjourned for reply to cs and hearing on nm to 01/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Mooman present for plaintiff.
Adv. Chandramore present for defendant 08/MCGM.
Adv. Yash mandlik present for defendant no. 01 and sought adjournment for filling reply.
Adv. Siddharth chandrashekhar present for defendant no. 05.
None present for other defendants.
Matter adjourned for reply to cs as a last chance and nm hearing to 29/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Adv. Aliya sayyed present for plaintiff and sought adjournment.
Adv. Yash mandlik present for defendant 01 and tendered affidavit in reply to chs. no. 1125/2022 t.o.r..
adv. Yash submitted that, defendant no. 01 has brought all the original documents to give inspection to all the plaintiff.
Adv. Kanhere present for defendant no. 03 and she submitted that, defendant no. 03 has brought all the original documents to give inspection to all the plaintiff.
Adv. Chandramore present for defendant 08/MCGM.
Adv. Gauri bhandari hf adv. Siddharth chandrashekhar present for defendant no. 05, 06 and 07/MHADA.
Matter adjourned for cs hearing to 09/01/23.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Manisha hf adv. Mooman present for plaintiff.
Adv. Yash mandlik present for defendant no. 01.
Adv. Chandramore present for defendant no. 08/MCGM.
Adv. Kalpana Kanhere present for defendant no. 03.
Adv. Gauri Bhandari hf adv. Siddharth chandrashekhar present for defendant no. 05, 06 and 07.
Later on at 4.42 pm Adv for plaintiff made submission that inspection of documents is taken partially.
By Consent.
Matter adjourned for CS hearing to 15.02.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Aliya Sayyed present for plaintiff and made endorsement on chamber summons no. 1125/2022 and thereby not pressed the same. Hence, chamber summons no. 1125/2022 is disposed of.
Adv. Yash Mandlik present for defendant no. 01 and made statement that, two documents are misplaced and whenever same are found. Defendant no. 01 give inspection of same.
Adv. Chandramore present for defendant no. 08/MCGM.
Adv. Siddharth Chandrashekhar present for defendant no. 05, 06 and 07.
Adv. Sonali pradhan present for defendant no. 03.
None present for other defendants.
Matter adjourned for nm hearing to 17/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None present for plaintiff. Plaintiff in person present and sought adjournment. Adv Sonali Pradhan h/f Adv Kalpana Kanhere present for defendant no. 03. Adv Yash Mandlik present for defendant no. 01. Adv Gauri Bhandari h/f Adv Siddharth Chandreshekar present for defendant nos. 05, 06, 07. None present for other defendants. Matter adjourned for NM hearing to 27.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: As P.O. is on half day leave, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv. Moman present for plaintiff.
Adv. Gauri Bhandari for defendant No.5 present.
Adv. Sonali Pradhan  present for defendant No.3.
Adv. Chandramore for defendant No.8/BMC present.
Matter adjourned for NM Hearing to 28.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: Adv. Jaydeep oza h/f. ADv. Y.E. Momon present for plaintiff.
Adv. Yash Mandlik present for defendant No.1.
Adv. Gauri Bhandari h/f. Adv. Siddharth Chandrashekhar present for defendant/MHADA.
Adv. Sonali present for defendant No.3.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for NM Hearings to 17.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Adv. Moman present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Yash Mandlik  for defendant No.1 present and tendered pursis. TOR and marked as Exh.8.  O-Seen.
Adv. Sonali Pradhan i/b. Kalpana Kanhare for defendant No.3 present.
Adv. Gauri Bhandari h/f. Adv. Siddharth Chandrashekhar present for defendant/MHADA.
Matter adjourned for NM Hearing to 29.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Plaintiff in-person present.
Adv. Chandramore present for defendant/BMC.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Reshma Mahadik for defendant No.3 present.
Adv. Gauri Bhandari h/f. Adv. Siddharth Chandrashekhar present for defendant/MHADA.
Matter adjourned for NM Hearing to 08.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Plaintiff in-person present.
Adv. Moman present for plaintiff.
Adv. Chandramore present for defendant No.8/BMC.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Sonali Pradhan h/f Adv. Kalpana kanade for defendant No.3 present.
Matter adjourned for rejoinder /NM Hearing to 02.02.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: Adv. Moman present for plaintiff.
Adv. Chandramore present for defendant No.8/BMC.
Adv. Yash Mandlik  for defendant No.1 present.
Matter adjourned for rejoinder /NM Hearing to 15.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Adv. Arya Sayed present for plaintiff.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Reshma Mahadik present for defendant No.3
Adv. Chandramore present for defendant No.8/BMC.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for rejoinder /NM Hearing to 21.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: None present for plaintiff.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Reshma Mahadik h/f. Adv. Kalpana Kanere present for defendant No.3
Adv. V. G. Shinde present for defendant No.8/BMC.
Matter adjourned for rejoinder /NM Hearing to 02.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Adv. Moman present for plaintiff. He submits that notice of motion no.785/2020 shall be argue along with the suit.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Apurva Dalal present for defendant No.8/BMC.
Matter adjourned for Draft Issues to 27.09.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: None present for plaintiff.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Kalpana Kanhere for defendant No.3 present.
Adv. Apurva Dalal present for defendant No.8/BMC.
Matter adjourned for Draft Issues to 06.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: None present for plaintiff.
Adv. Yash Mandlik  for defendant No.1 present.
Adv. Apurva Dalal present for defendant No.8/BMC.
Matter adjourned for Draft Issues to 06.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant No.8/BMC present.
Adv. Mangal Kadam for defendant/MHADA present. She submit that, she would file vakalatnama for defendant/MHADA.
No draft issues filed by the parties.
Matter adjourned for Draft Issues to 17.04.2025.
Later on at 11.49 a.m.
Adv. Yash Mandlik for defendant No.1 present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant No.8/BMC present.
Adv. Mangal Kadam for defendant/MHADA present.
Draft issues not filed.
Matter adjourned for framing issues to 19.07.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-07-2025

Date: 19-07-2025
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Adv. Mangal Kadam for defendant/MHADA present.
Vide roznama dated 02.08.2024, the plaintiff requested to hear the notice of motion along with main suit. Hence, Notice of Motion No.785/2020 is merged in suit and disposed off.
Nature Of Disposal: OTHER
Disposal Date: 19-07-2025

Main Case No: SUIT/0100248/2020
Main Cnr: MHCC010000772020
Main Filing No: 111447

Registration Number: 100785/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100785/2020
Transfer Date: 28-02-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 100785/2020
Transfer Date: 07-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102365/2020
Filing Date: 20-02-2020
First Hearing Date: 21st February 2020
Decision Date: 19th July 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE