Satyawan Janardan KokaneVsVaishali Santosh Kale and Ors.

Date: 24-02-2020
Business: Plaintiff in person is present. He tendered Original registered N/M No.769/2020 and 847/2020 along with affidavit in support. t.o.r. he also filed affidavit of service.
Adv. Bhimrao Pawar for defendant no. 5 is present. He filed application for withdrawal of appearance a/w copy of notice dt. 23/02/2020 issued to defendant no. 5.  In view of the said notice, application is allowed for withdrawal of appearance for defendant no. 5.
Adv. Khatib for defendant no. 16 to 22 is present.
Heard argument of C.A of plaintiff.
       By this draft N/M the plaintiff has prayed for restrain defendant no. 5 from handing over possession of suit property to Mr. Dinesh Verlekar, from executing any further  document in favour of Mr. Dinesh, for directing defendant no. 5 to produce all documents in favor of Mr. Dinesh in respect of suit property and for restraining defendant no. 9 and any of its employees for transferring of suit property in favor of Mr. Dinesh. By filing the suit the plaintiff has challenged the possession and title of defendant no. 5 in respect of suit property.  It is the apprehension of plaintiff that defendant no. 5 has sold the suit property in favor of Mr. Dinesh.  Therefore, in order to avoid any further multiplicity of litigation, I am opinion that defendant no. 5 and 9 should be restrained from executing any documents in favor of Mr. Dinesh Verlekar in respect of suit property till next date. Hence Ad-interim relief is granted in respect of prayer clause a,b,c  and e till next date.
Matter is already adjd. for N/M reply  to 24/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
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.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Mr. Prashant Kokane CA of plaintiff present  for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Khatib present for defendant/State of Maharashtra.
None present for other defendants.
Heard arguments of CA of plaintiff on nm no. 1842/2020.
Matter adjourned for arguments of defendant no. 05, 23 and 24 on if any on nm 1842/2020 and order to 18/04/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Prashant Kokane CA of Plaintiff present.
Adv Kandekar present for defendant MHADA and sought adjournment.
Matter adjourned for argument of defendant no. 05, 23, 24 if any, and order to 28.04.2022.
Next Purpose: ORDER
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: CA of plaintiff in person present.
None present for defendants.
As defendants and their advocates are absent and failed to advanced arguments on nm no. 1842/2020.
Matter adjourned for order on nm no. 1842/2022 to 05/05/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv. For plaintiff absent
CA of plaintiff in person present for plaintiff and tendered application for dismissal of notice of motion no. 2306/2017 t.or. Marked as Exh. 14.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA and submitted that, MHADA being formal party and don\''t want to advance arguments on nm no. 1842/2020.
Adv. khatib present for defendant 16 to 22 and submitted that, nm n. 1842/2020 is against defendant no. 05 and therefore they don\''t want to advance arguments on said NM.
As court is busy in  dictating order on nm no. 905/2021 in suit no. 76/2020 and on nm no. 964/2022 in suit no. 276/2022. Hence,
Matter adjourned for order on nm no. 1842/22 and say/order on Ex. 14 to 14/06/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-05-2022

Date: 13-05-2022
Business: By praecipe of CA of plaintiff.
CA of plaintiff present for plaintiff and tendered affidavit of service. t.o.r..
Adv. kandekar present for defendant 09,12,13 and 15.
CA of plaintiff pressed to pass ad-interim relief in terms of prayer clause (a) and (d) of NM no. 1556/2020 as he is having apprehension that defendant no. 05, 23 and 24 may create third party interest in the suit premises.
Heard arguments CA of plaintiff and ld adv. For defendant no. 09, 12, 13 and 15.
None present for other defendants.
Order as to ad-interim relief on nm no. 1556/2020.
                                      ORDER
     Perused the notice of motion affidavit in support of same and record. Heard CA of plaintiff and ld adv. For defendant no. 09, 12, 13 and 15.
      From the matter on record it appears that, plaintiff had taken out present notice of motion on 23/10/2020 and he had not pressed for any ad-interim relief therein earlier. From the record it appears that, as per order dt. 08/01/2021 it is directed that, nm no. 1842/2020 and nm no. 1556/2020 be proceeded without reply of defendant no. 05, 23 and 24 and since then the matter is posted for hearing on nm no. 1556/2020. Moreover,  CA of plaintiff has not produced any new material to corroborate his apprehension that, defendant no. 05, 23 and 24 may create third party interest in the suit premises. It appears that, as per order dt. 24/02/2020 ad-interim relief was granted in respect of prayer clause (a), (b), (c) and (e). Considering the above fact and matter on record, prima facie apprehension of plaintiff does not appear to be reasonable. The conduct of the plaintiff for not pressing ad-interim relief since 23/10/2020 is also such that, prima facie he is not entitled for equitable ad-interim relief. Therefore, from the matter on record plaintiff failed to make out strong case for grant of ad-interim relief as sought. Hence court proceeds to pass the following order.
                                        ORDER
Prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) and (d) of NM no. 1556/2020 is dismissed.
Matter is already adjourned to 14/06/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: CA of plaintiff present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Kapse present for defendant no. 16 to 22.
None present for other defendants.
F.R.S.R. following order is passed on Notice Of Motion No. 1842/2020.
                              ORDER
1) Notice of Motion No. 1842/2020 is dismissed.
2) Notice of Motion No. 1842/2020 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for say on Exh. 14 and hearing of other notice of motions and order on nm no. 2306/2017 to 04/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: CA of Plaintiff in person present.
Adv Pathak h/f Adv Kandekar present for defendant no. 09 to 15.
Adv Khatib present for defendant no. 16 to 22.
None present for other defendants.
From the record, it appears that defendant no. 05 is absent since long and did not proceed with Notice of Motion no.2306/17 and therefore matter is kept for order on Notice of Motion no.2306/17. Today also defendant no. 05 and his Adv are absent.
From the above conduct of defendant no. 05, it appears that defendant no. 05 is not interested to proceeding further with Notice of Motion no.2306/17. Therefore, it will be appropriate to dismiss Notice of Motion no.2306/17 as per Order 9 Rule 8 of the Code of Civil Procedure. Hence, Notice of Motion no.2306/17 is dismissed as per Order 9 Rule 8 of the Code of Civil Procedure.
Matter adjourned for hearing Notice of Motion to 04.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Absent for the plaintiff.
CA of plaintiff present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant 09 to 15/MHADA.
None present for other defendants.
Kb
l.o. at 04.20 pm.
Adv. Kandekar present for the MHADA and sought adjournment for taking instructions.
Matter adjourned for hearing on nm no. 847/2021 to 20/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present for plaintiff.
Adv Khatib present for defendant/State.
CA of plaintiff presnt.
Adv Pathak h/f Adv Kandekar present for defendant no. 09 to 15/MHADA and sought adjournment.
None present for other defendants.
Matter adjourned for hearing on Notice of Motion no. 847/2020 to 19.09.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: CA of plaintiff Mr. Prashant Kokane present for the plaintiff
Adv. Pathak hf adv. Kandekar present for defendant 09 to 15/MHADA and sought adjournment.
None present for other defendant.
Matter adjourned for hearing on nm no. 847/2020 to 10/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. absent for plaintiff.
Adv. khatib present for defendant 16 to 22.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment.
CA of plaintiff Mr. Prashant Kokane present.
Matter adjourned for hearing on nm to 31/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: CA of plaintiff is present.
Adv. Pathak h/f Adv. Kandekar  present for defendant/MHADA and submitted that suit premises is not transferred from the name of Prashant Aatmaram Pawar.
None present for other defendants.
Matter adjourned for NM hearing to 07/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: CA of plaintiff present for plaintiff and not pressed the notice of motion no. 847/2020 by making endorsement to that effect there on itself. Hence, Notice of Motion no. 847/2020 is disposed off as not pressed.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Khatib present for defendant 16 to 22.
None present for other defendants.
Heard part arguments of CA of plaintiff on nm no. 1556/2020.
Matter adjourned for further hearing of plaintiff on nm no. 1556/2020 to 25/11/22.
Nature Of Disposal: WITHDRAWL
Disposal Date: 07-11-2022

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

Registration Number: 100847/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100847/2020
Transfer Date: 28-02-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 100847/2020
Transfer Date: 07-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102492/2020
Filing Date: 24-02-2020
First Hearing Date: 24th February 2020
Decision Date: 07th November 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE