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SUIT - SHORT CAUSE CIVIL SUIT

Powai Jal Vayu Vihar Sector-A Co-op. Housing Society Ltd.VsMHADA +4 more

CNR MHCC0100242420208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101259/2020
Registration Date
10 Nov 2020
Next Hearing Date
04 Nov 2026
Case Stage
DRAFT ISSUES

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 11-01-2021
    Business: By preciepe.
    Advocate Mr. Amritpal Singh for the applicant present.
    Draft Ch/s alongwith affidavit in support tendered by the applicant. t.o.r. O-Leave to register Ch/s is granted. Ch/s is made returnable on 25.01.2021.
    Already matter is adjd. to 25.01.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None for plaintiff.
    Adv. Mr. Amritpal Singh for the applicant.
    Adv. Pathak h/f Adv. Kandekar for the defendant no.1.
    Adv. Chandramore for the defendant no.4.
    Advocate for the applicant tendered registered NM No. 140/2021 along with affidavit in support and service.
    Matter is adjd. to 11/03/2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. Ms. Hima Khuman h/f Adv. Raut for the
    Adv. Mr. R. Adrekar for the applicant.
    Adv. P. Kandekar for defendant/MHADA.
    Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
    Reply to ChS No.140/2021 filed by advocate for the plaintiff.
    Rejoinder filed by advocate for the applicant
    Matter is adjd. to 30/03/2021 for tendering registered NM and Ch/s hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 25/06/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Due to covid-19, matter is adjd to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Mr. Makrand Raut for plaintiff.
    Adv. Chandramore for defendant/BMC present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant/MHADA present.
    Applicant in Ch/s No.140/2021 is present.
    Advocate for the plaintiff tendered registered N/M No.915/2021 along with affidavit in support. t.o.r.
    Matter is adjd. to 30/10/2021 for hearing on N/M No.915/2021  and Ch/s No.140/2021, at 01.00 p.m.
    L. O. at 05.35 p.m.
    Adv. Mr. Amritpal Singh for the applicant is present and filed pursis. O-filed.
    Matter is already adjd. to 30/10/2021 for hearing on N/M No.915/2021  and Ch/s No.140/2021, at 01.00 p.m.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Adv. Mr. Makrand Raut for he plaintiff present and filed affidavit of service of all defendants. t.o.r.
    Adv. Mr. Kandekar for defendants No.1 and 2 present.
    None for other defendants.
    Applicant in Ch/s is present.
    Heard argument of ld. advocate of plaintiff from 01.20 p.m. to 01.50 p.m. and further heard argument from 01.55 p.m. to 02.00 p.m.
    Heard argument of ld. advocate of defendants No.1 and 2 from 01.50 p.m. to 01.55 p.m.
    Matter is adjd. to 15/11/2021 for ad-interim order.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. Ponam Parab h/f Adv. Makrand Raut for the plaintiff present.
    Adv. Mr. Amrit Pal Singh for applicant in Ch/s No.140/2021 present.
    Adv. Mr. Pathak h/f Adv. Mr. Kandekar for defendants No.1 and 2.
    Matter is adjd. to 17/11/2021 for Ch/s No.140/2021 hearing and NM No.915/2021 hearing and ad-interim order.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: As Court is busy in hearing, arguments in NM, SU 1954/21 on the board. Hence, board is discharged and matter adjourned.
    Matter is adjd. to 22.11.2021 for ad interim hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: By precipe.
    Adv Makrand Raut present for the plaintiff.
    Adv Mr.Kandekar for defendant nos.1 to 3.
    Adv Chandramore present for the defendant no.4
    Adv Amritpal Singh present for the applicant in CS.
    MHADA has served WS on behlaf of defendant nos.1 and 2
    ORDER
    Ld advocate for the plaintiff submits the MHADA has issued one notice on 26.11.2021. Notice that the alleged parking will be vacated on 30.11.2021. Admittedly matter was fully argued before my Ld predecessor and it was placed for order. However, unfortunately the bench was changed before passing of the order. Now the matter is posted on 01.12.2021 for re-arguments. In view of the same it would be proper to maintain the present status of the society at least till the NM no. 915/2021 is disposed of by this Court on merits.
    It is pertinent to note that one CS is filed by a third party applicant for impleading him as a party to the suit. The affidavit in support of the CS is based mainly on the ground that the Court has no Jurisdiction to try and decide the suit. This point is going to the root of the matter and it also needs to be considered while granting the interim relief to the plaintiff.
    In the circumstances above the CS and NM need to be heard together. The matter is listed on its earlier fix date i.e. 01.12.2021. All the parties are directed to argue NM/CS on that day. If any party seeks adjournment, necessary orders will be passed against the same. By that time the matter the matter is fully argued regarding interim relief. MHADA i.e. defendant no.1 and 2 are directed not to act upon the notice issued by them to plaintiff on 26.11.2021 bearing no.3188/21 till 01.12.2021. Parties to act accordingly.
    Matter is adjd. to 01.12.2021 at 11 am.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Makrant Raut present for the plaintiff.
    Adv Mr.Kandekar present for the defendant nos.1 to 3.
    Adv Chandramore present for the corporation/defendant no.4
    In the roznama dtd.29.11.2021 it was observed that the CS and NM are to be heard together. However, after hearing the arguments of CS it appears that if the CS is allowed, the applicant will get opportunity to contest the NM also. If it is not allowed then NM can proceed as it is. Therefore, it is proper to decide the CS and then to proceed with NM. Hence, the matter is listed on 03.12.2021 for order on CS. By that time the interim order passed on 29.11.2021 shall continue. All parties to take note.
    Arguments heard on both the side.
    Matter is adjd. to 03.12.2021 CS order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv Makrant Raut present for the plaintiff.
    Adv Mr.Kandekar present for the defendant nos.1
    Adv Chandramore present for the corporation/defendant no.4
    Adv Ms.Merva h/f Sanjal Sinvar present for the applicant.
    FRSR following order is passed-
    ORDER
    1. Chamber Summons No.140 of 2021 is rejected with costs.
    2. Chamber Summons No.140 of 2021 is disposed of accordingly.
    Interim orders to continue.
    Matter is adjd. to 04.01.2022 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Court is on Leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
    Earlier order, if any to continue till next date.
    Matter is adjd. to 16.03.2022 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Makarand Raut present for plaintiff.
    Adv. Chandramore present for defendant 04/MCGM.
    Adv. Pathak hf adv. kandekar present for other defendants/MHADA and sought adjournment for filling reply to the nm.
    Earlier order, if any, to continue till next date.
    Matter adjourned for reply to nm to 26/04/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv. Mr. Makarand Raut for plaintiff is present.
    Adv. Mr. Pathak h/f Adv. Kandekar for defendnt/MHADA is present and sought adjournment to filing reply to NM.
    Adv. Ms. Chandramore for defendant/MCGM is present.
    None present for other defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for reply to NM as a last chance to 23.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Makarant Raut present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment to file reply.
    Adv. Chandramore present for defendant 04 and 05/MCGM.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm reply as a last chance to 03/08/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Makrand raut present for plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA and tendered reply to the nm no. 915/2021 and he also tendered WS on defendant no. 01 and 02 t.o.r. marked as Exh. 06.
    Adv. Chandramore present for defendant 04/MCGM and sought adjournment to file reply.
    Copy served to the advocate for plaintiff and advocate for defendnat no. 4.
    None present for other defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for reply to 23/09/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Hima present for plaintiff and tendered vakalatnama on behalf of plainitiff. t.o.r marked as Exh.06.
    Adv. Chandramore present for defendant/MCGM and tendered affidavit in reply to nm. no. 915/21 t.o.r..
    Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
    Copy served to the advocate for plaintiff.
    None present for other defendants.
    Matter adjourned for nm hearing to 07/11/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv. Makrand raut present for the plaintiff.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    Adv. Chandramore present for defendant 04 and 05/MCGM.
    None present for other defendants.
    It appears that, inspite of service  defendants no.03 failed to file filed reply to the nm no. 915/21 , Hence, notice of motion 915/21 be proceeded without reply of defendants no. 03.
    Adv. For plaintiff sought time to file rejoinder.
    Earlier order, if any, to continue till next date.
    Matter adjourned for rejoinder/nm hearing to 21/12/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Hima Khuman present for plaintiff and sought adjournment for filling rejoinder.
    Adv. Pathak hf adv. Kandekar present for defendant 01 and 02/MHADA.
    Adv. Chandramore present for defendant 04 and 05/MCGM.
    None present for other defendant 03.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 09/02/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Court is on leave.
    Adjourned to-
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: (Matter pertains to C. R. NO. 08).
    Adv. Hima Khuman present for plaintiff.
    Adv. Chandramore present for defendant 04 and 05/MCGM.
    None present for other defendants.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 12/04/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv. Hima Khuman hf adv. Makrand Raut present for plaintiff and sought adjournment.
    Adv. Chandramore present for defendant no. 4 and 5/MCGM.
    Adv. Harshita darji hf adv. Kandekar present for defendant no. 1/MHADA.
    None present for other defendant no. 02 and 03.
    Earlier order, if any, to continue till next date.
    Matter adjourned for nm hearing to 21/06/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Hima Kuman for plaintiff present.
    Adv. Ms. Pushpa Thapa a/w. Adv.Mr. Kandekar for defendant/MHADA present.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to. 14.7.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Adv. Makrand Raut present for plaintiff. He prayed for an adjournment.
    Adv. Kandekar present for defendant/MHADA.
    Adv. Chandramore present for defendant/BMC.
    Adjournment is granted as last chance. Parties to note that no further adjournment shall be granted on any ground.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 04.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Adv. Makrand Raut present for plaintiff. He prayed for an adjournment and informed court that wife of chairman of plaintiff society is in ICU.
    Advocate for plaintiff tendered adjournment application. TOR and marked as Exh.7.  O-Adjournment is is granted as last chance.
    Earlier order, if any, to continue till next date.
    Adv. Chandramore present for defendant/BMC.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Matter adjourned for NM Hearing to 06.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv.Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 20.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 13.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Adv. Hima Khaiman h/f. Adv. Makrand Raut present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 31.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA. She prayed for an adjournment.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 05.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Chandramore present for defendant/BMC.
    Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 03.05.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Adv. Hima Khuman h/f Adv.  Makrand Raut present for plaintiff.
    Adv.  Pradnya Chandramore present for defendant/BMC.
    Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 09.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: Adv. Hima Khuman h/f Adv. Makrand Raut present for plaintiff. On oral request matter adjourn.
    Adv. Shinde present for defendant/BMC.
    Adv. Shweta Yadav h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Both advocates are directed to advance their arguments on next date positively.
    Matter adjourned for NM Hearing to 07.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Adv. Sanket Salgaonkar h/f Adv. Makrand Raut present for plaintiff. He tendered rejoinder to NM No.915/2021. Taken on record.
    Adv. Apurva Dalal present for defendant/BMC.
    Adv. Shweta Yadav h/f. Adv. Kandekar present for defendant/MHADA.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 27.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: Adv. Hima Khuman h/f Adv. Makrand Raut present for plaintiff. She prays for an adjournment.
    Adv. Apurva Dalal present for defendant/BMC.
    Adv.  K.N.Kandekar present for defendant/MHADA.
    Roznama shows ad-interim order in favour of plaintiff was passed on 29.11.2021. Thereafter plaintiff repeatedly sought adjournments. Today also plaintiff is praying adjournment. Adjournment is granted as last chance. Plaintiff to note that, if plaintiff prays for adjournment on next date, Court will not extend earlier order. Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 18.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Apurva Dalal present for defendant/BMC.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 28.11.2024.
    Later on
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: Adv. Makrand Raut present for plaintiff.
    Adv. Apurva Dalal present for defendant/BMC.
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Hearing to 16.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Adv. Makrand Raut for plaintiff present.
    Adv. Apurva Dalal for defendant/BMC present.
         Ld. Adv. for plaintiff submits that, issues involved in the suit as well as NM is with respect to using small open portion of society for car parking.
         In view of the above, defendant/BMC to take instructions as to whether NM can be heard along with suit along with the interim order already passed in favor of plaintiff.
    Matter adjourned for NM Hearing to 20.02.2025.
    Earlier order, if any, to continue till next date.
    Later on at 03.48 p.m.
    Adv. K. N. Kandekar for defendant/MHADA present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: None for plaintiff present.
    Adv. Apurva Dalal for defendant/BMC present.
    Adv. Kandekar for defendant 1 and 2 present.
    KB for Hearing.
    Due to paucity of time, by consent matter adjourned to 25.03.2025 for hearing on NM.
    Matter adjourned for NM Hearing to 25.03.2025.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2025
    
    Date: 25-03-2025
    Business: Adv.  Makrand Raut for plaintiff present.
    Adv. Apurva Dalal for defendant/BMC present.
    Adv. Harshida Darji h/f. Adv. Kandekar for defendant 1 and 2/MHADA present. She submits that, Mr. Kandekar due to personal difficulty is unable to attend matter today. She seeks adjournment.
    Ld. Adv. for plaintiff has no objection for the same.
    Time granted.
    Matter adjourned for NM Hearing to 25.06.2025.
    Earlier order, if any, to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    Business: Adv. Hima Kumar h/f Adv. Makarand Raut for plaintiff present and seek time. Time granted.
    None present for Def. No. 1 to 3.
    Adv. Apurva Dalal for defendant no. 4 and 5/BMC present.
    Earlier order, if any, to continue till next date as a last chance.
    Matter adjourned for NM Hearing to 30.07.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2025
    
    Date: 30-07-2025
    Business: Adv. Makarand Raut for plaintiff present and seek time. Time granted.
    Adv. Devyani Pawar h/f Adv. Kandekar present for defendant No. 1 to 3.
    Adv. Apurva Dalal for defendant no. 4 and 5/BMC present.
    Earlier order, if any, to continue till next date as a last chance.
    Matter adjourned for NM Hearing to 21.08.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2025
    
    Date: 21-08-2025
    Business: Adv. Makarand Raut for plaintiff present.
    Adv. K. N. Kandekar for defendant No. 1 to 2 present.
    Adv. Apurva Dalal for defendant no. 4 and 5/BMC present.
    Heard advocate for plaintiff, defendant No.1,2, 4 and 5/BMC.
    Earlier order, if any, to continue till next date.
    Matter adjourned for NM Order to 22.08.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: Adv. Hima Kumari h/f. Adv. Makarand Raut for plaintiff present.
    Adv. Devyani Pawar h/f. Adv. K. N. Kandekar for defendant No. 1 to 2 present and filed list of judgment. Taken on record.
    Adv. Apurva Dalal for defendant no. 4 and 5/BMC present.
    F.R.S.R. following order passed on Notice of Motion No.915/2021
    ORDER
       1. Notice of Motion no. 915 of 2021 is dismissed with no order as to costs.
         2. Notice of Motion No. 915 of 2021 is disposed off accordingly.
    Judge
    Adv. Hima Kumari h/f. Adv. Makarand Raut for plaintiff filed application Exh.8. Taken on record.
    Adv. Devyani Pawar h/f. Adv. K. N. Kandekar for defendant No. 1 to 2 present and endorsed reply on Exh.8.
    Heard both advocate.
    The structure of parking area was protected during the pendency of suit till this date. It is stated that, plaintiff is intending to challenge the order before Honble High Court. The plaintiff seek to continue interim protection for period of four weeks to enable plaintiff to challenge the order. Considering the nature of reliefs claimed in the suit and that interim protection continued during the pendency of notice of motion, it is just and necessary to continue the interim protection for period of two weeks from today. Hence, Application Exh.8 is allowed. Interim Protection to continue for period of two weeks from today.
    Matter adjourned for draft issues to 07.10.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-09-2025
    
    Date: 09-09-2025
    Business: Not on board, taken on board by parecipe Exh.9.
    Adv. Makrand Raut for plaintiff present and filed application Exh.10. Taken on record. Copy served on defendant/BMC.
    Adv. Apurva Dalal for defendant/BMC present and endorsed say on application Exh.10.
    Heard advocates.
    Order below Exh.10
        Heard advocates. By order dated 22.08.2025, Notice of Motion No.915/2021 came to be rejected. On the same day ad-interim order  granted on 29.11.2021 was continued for period of two weeks to enable the plaintiff to challenge the order passed in Notice of Motion No.915/2021. Today request is made to continue ad-interim order for period of four weeks on the ground that, plaintiff did not receive certifiy copy of order and due to administrative difficulty faced for challenging the order before the Honble High Court. It is informed that, order passed in Notice of Motion No.915/2021 is uploaded on 22.08.2025 itself. Therefore the claim of plaintiff that, he could not file appeal on the ground of not receiving certified copy cannot be accepted. However in the interest of justice, ad-interim relief granted on 29.11.2021 is extended for further period of one week from today as a last chance. Application Exh.10 disposed off.
    Matter is already adjourned for draft issues to 07.10.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-10-2025
    
    Date: 07-10-2025
    Business: None present for plaintiff.
    Adv. Apurva Dalal for defendant No. 4 and 5/BMC present.
    Matter adjourned for draft issues to 01.12.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 31-10-2025
    
    Date: 31-10-2025
    Business: Not on board, taken on board.
    Received writ from Honble High Court in Interim Application (Stamp) No.30818 of 2025 with Appeal From Order (Stamp) No.30817 of 2025 with Interim Application No.30819 of 2025 vide A.O. Civ. No.  C0802912/2025 dated 03.10.2025 along with copy of order dated 25.09.2025 vide City Civil Court Inward No.17745 dated 29.10.2025.
    Coram Milind N. Jadhav, J.
    Date    25th September 2025.
    Order
    1. Not on Board. Mentioned by way of filing praecipe dated 25.09.2025.
    2. Heard Mr. Raut, learned Advocate for Appellants.
    3. The impugned order is dated 22.08.2025. The substantive Appeal from Order is filed to challenge the same.
    4. Learned Advocate would submit that interim relief in the interregnum was continued for a period of four years.
    5. Considering the substantive challenge, the interim relief is directed to be continued for a further period of two weeks from today.
    6. List the Appeal from Order on 09 th October, 2025.
    Matter adjourned for draft issues to 01.12.2025.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 01-12-2025
    
    Date: 01-12-2025
    Business: None present for plaintiff.
    Adv. Aslam Tadvi for defendant No. 4 and 5/BMC present.
    Matter adjourned for draft issues to 12.01.2026.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: None present for plaintiff.
    Adv. Rahul Rathod h/f. Adv. Aslam Tadvi for defendant/BMC present.
    Matter adjourned for draft issues to 02.03.2026.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-03-2026
    
    Date: 02-03-2026
    Business: Court is on half day leave in first session.
    Matter adjourned for draft issues to 17.04.2026.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-04-2026
    
    Date: 17-04-2026
    Business: Adv. Hima Khuman h/f Adv. Makarand Raut present for plaintiff.
    Adv. Aslam Tadvi for defendant/BMC present.
    Matter adjourned for draft issues to 07.08.2026
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 07-08-2026
    
    Date: 07-08-2026
    Business: 07/08/2026
    As per Office order No. 219 of 2026 dated 21-07-2026  Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from  02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
    Hence, matter adjourned to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 09-09-2026
    
    Date: 09-09-2026
    Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
    None present for plaintiff.
    Adv. Aslam Tadvi for defendant/BMC present.
    Matter adjourned for draft issues to 04.11.2026.
            Judge
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102517/2020
    Filing Date: 24-02-2020
    First Hearing Date: 11th January 2021
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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