Durga Harinarayan DixitVsMHADA And Ors.

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Asif Naqvi for the plaintiff.
Advocate for the plaintiff tendered registered Ch/s No.161/2021 along with affidavit in support. t.o.r.
Adv. Ms. Jyoti Pandey for defendants No.3 to 7.
She submits that defendants No.3 to 7 have no objection to allow the Ch/s.
Matter is adjd. to 12/02/2021 for Ch/s reply by defendants No.1 and 2.
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 28-01-2021
Business: Adv. Asif Naqvi for the plaintiff.
Advocate for the plaintiff tendered registered Ch/s No.161/2021 along with affidavit in support. t.o.r.
Adv. Ms. Jyoti Pandey for defendants No.3 to 7.
She submits that defendants No.3 to 7 have no objection to allow the Ch/s.
Matter is adjd. to 12/02/2021 for Ch/s reply by defendants No.1 and 2.
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Mr. Naqvi  for the plaintiff.
None for defendant.
Defendants No.1 and 2 have failed to file reply on Ch/s. Hence, the Ch/s to proceed without reply against defendants No.1 and 2.
Plaintiff to produce legible copy of death certificate of the deceased defendant No.5.
Matter is adjd. to 24/02/2021 for production of document/Ch/s hearing.
Next Purpose: FOR___________________
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Matter is adjd to 26.04.2021 for compliance/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Matter pertain to C.R.09.
Adv. Mr. Naqvi for plaintiff present and filed affidavit of service.
None present for defendants.
Matter is adjourned for order to 09.08.2021.
Next Purpose: ORDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Mr. Shehzad Naqvi for the plaintiff  with plaintiff present.
None for defendants.
The advocate of plaintiff submitted that his NM No. 3363/2018 be kept for hearing. On perusal of record it appears that NM No.3363/2018 is pending for hearing. The defendants No.1 and 2 have already filed say on NM. But, other defendants have not filed say. Therefore, NM to proceed without say of other defendants.
Matter is adjd. to 26/08/2021 for NM hearing.
Next Purpose: ORDER
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: court is on leave
Next Purpose: ORDER
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv.Shaihjad Nakvi for plaintiff.
Adv.Joyti Defendant no.3 to 7 present.
None present for MHADA.
Draft N/M along with affidavit in support of N/M tendered by advocate for the Defendant no.3 to 7. O-  Leave to register N/M is granted.
Heard argument of plaintiff on NM 3363/18
Matter adjourned for Argument of defendants on NM and say of plaintiff on NM filed by defendant to. 30.09.2021
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv. Naqvi for plaintiff present and filed reply to Nm No.2201/2021. t.o.r.
Adv. Mangal Kadam for defendants No.1 and 2 present.
Adv. Jyoti Pandey for defendants No.3 to 7 present.
Advocate for the defendants No.3 to 7 tendered registered N/M No.2201/2021 along with affidavit in support. t.o.r.
Heard argument on NM No.2201/2021.
Matter is adjd. to 05/10/2021 for order on NM No.2201/2021 and hearing NM No.3363/2018 and Ch/s No.388/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: As the Court is busy in dictating order in NM No.1621/2018 (SU 1542/2017) and NM No. 1624/2021  (SU No.1819/2021) and due to disconnection of electricity power from 03.30 p.m. to 06.00 p.m. Hence, matter is adjourned.
Matter is adjd. to 11/10/2021 for Order on NM No.2201/2021 and hearing NM No.3363/2018 and Ch/s No.388/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv. Mr. Naqvi for the plaintiff present.
Adv. Pandey for the defendants No.3 to 7 present.
Court busy in dictating order in NM No.2338/2021 ( SU 2427/2017) and paucity of time.
Matter is adjd. to 30/10/2021 for NM order.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: Adv. Mr. Shehzad Naqvi for the plaintiff present.
Adv. Jyoti Pandey for defendants No.3 to 7 present.
Court busy in dictating orders and hearing arguments in ad-interim  matters. Therefore, matter is adjourned.
Matter is adjd. to 16/11/2021 for order on NM.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Mr. Naqvi for the plaintiff present.
None for defendants.
Matter is adjd. to 10/12/2021 for NM reply/compliance.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Naqvi present for the plaintiff.
Adv Jyoti Pandey present for the defendant. She filed reply to NM TOR
KB
Matter is adjd. to 15.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Adv.Abbas Naqvi for plaintiff.
None for defendant.
Affidavit in rejoinder of the plaintiff in NM NO.3363/18 tor.
Matter is adjd. to 28.01.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Adv Shaizad Naqvi for plaintiff present.
Adv Jyoti Pandey for defendant nos.3 to 7 present.
None present for MHADA.
By consent.
Matter is adjd. to 23.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv Shejad Jafri for plaintiff present.
None present for MHADA.
Adv Jyoti Pandey for defendant present.
Court is busy in hearing on NM 2518/18. Hence, Matter is adjd. to 09-03-2022 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv.Nakhavi  for Plff. present.
Deft. No. 3 Ajay Dixit present in person.
He seeks time as his advocate is not present.
Matter is lastly adjourned to 31-03-2022. If Deft. No. 3 fails to argue the N/m will proceed further.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv.Soulehin Sarje h/f Adv. Nakhavi for plaintiff present.
Adv.Jyoti Pande for defendant nos. 3 to 7 present.
KB
Adv. Nakhavi for plaintiff present.
Adv.Jyoti Pande for defendant nos. 3 to 7 present.
Defendant no.3 Ajay Dixit for himself and CA of defendant no. 4 to 7 present.
None present for MHADA/Defendant no. 1 and 2 and for Defendant no.8.
Hence argument for defendant nos. 1,2 and 8 on N/m no. 3363/18 is closed.
Heard Ld. advocates for plaintiff and defendant nos. 3 to 7 N/m no. 3363/18
Matter is adjd. to 06-04-2022 for N/m order
Next Purpose: NM  ORDERS
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Plaintiff in person present.
Adv. Nakhavi for plaintiff present.
None for defendant.
For the reason separately recorded, the following order is passed.
                                    ORDER

1. Notice of Motion No.  3363 of 2018 is partly allowed.
2. The defendant No.8 is hereby temporarily restrained from putting defendant Nos.3 to 7 in the possession of Flat No.1702 (admeasuring about 849 sq. feet Carpet Area),17th floor, Hamilton Mansion, situated at Wadi Bunder Road, Mumbai-400010 till final disposal of the suit.
3. Defendant Nos.3 to 8 are further restrained from creating third party interest in the suit premises till final disposal of the suit.
4. Defendant No.8 is directed to inform the Court once  Flat No.1702 (admeasuring about 849 sq. feet Carpet Area),17th floor, Hamilton Mansion, situated at Wadi Bunder Road, Mumbai-400 010 is ready for handing over the possession and all other technicalities are complied with, so that further order regarding transit rent can be passed.
5. Remaining reliefs claimed in the Notice of Motion are rejected.
6. Costs of this Notice of Motion will follow in main cause.
7. Notice of Motion No.3363 of 2018 is disposed of accordingly.
Matter is adjd. to 17-06-2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. Naqvi for plaintiff present.
Adv. Jyoti Pande for defendant nos. 3 to 7 present.
Adv. Sneha Prabhu for defendant no. 1 present.
KB
LO
Adv. for defendant nos. 3to 7 filed application for correction in the order of N/m 3363/18.TOR and marked as Exh.11.
Order on Exh. 11
Order was passed on 06/04/2022.In that order suit no. is mentioned wrongly on order copy. Suit no. is 2193/18 which is mentioned as suit no. 2193/21.Perusing this fact. Other parties have no objection. It is typographical mistake hence application is allowed. Correct the typographical mistake as prayed and upload corrected copy.
Matter is adjd. to 02-08-2022  for  WS
Next Purpose: FOR___________________
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Shehzad Naqvi for plaintiff present and filed application for service of writ of summons to Deft.no. 8. Time granted.
He further submitted that registered ch/s is not traceable in his file. To recollect copy of ch/s from office and he will going to file on record on next date.
Adv. Jyoti Pandey for defendant no.3 to 7 present and filed written statement. Read and recorded. It is marked as Exh.12
Matter is adjd. to 20.09.2022 for service affidavit to Deft.no. 8
Next Purpose: FOR___________________
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Shilpa Sharma h/f Adv. Shehzad Naqvi for plaintiff present and filed writ of summons. She submitted that ch/s is loss from her file. Hence, she filed application for withdrawing the CS No. 388/2020.TOR. Exh.13 as the plaintiff is not willing to proceed with ch/s. Permission granted to withdraw ch/s unconditionally. Hence disposed of as withdrawn.
Adv. Chandrashekar h/f Adv. Sneha Prabhu for deft./MHADA present.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-09-2022

Main Case No: SUIT/0102193/2018
Main Cnr: MHCC010089252018
Main Filing No: 111447

Registration Number: 100388/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 102689/2020
Filing Date: 03-03-2020
First Hearing Date: 20th March 2020
Decision Date: 20th September 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE