Baljitsingh Niranjansingh BamrahVsMCGM +1 more

Date: 06-03-2018
Business: Adv.Mr.Pachankar for Plff.present.
He tendered original registered N/m No.745/18 t.o.r.
Adv.Mrs.Tadavi for BMC/Deft.no.1 and 2 present.
Adv.Mr.Rahul Soman for deft.no.4 present.
None for defts.no.3 and 5.
Adjd.for Ch/s reply on 27.03.2018.
Earlier order to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 27-03-2018

Date: 27-03-2018
Business: Adv.Mr.Patankar for Plff.present.
Adv.Mrs.Tadavi for BMC/Defts no.1 and 2 present.
Adv.Mr.Rahul Soman for deft.no.4 present.
None for defts.no.3 and 5.
On oral request of adv.for deft.no.4 adjd.for Ch/s reply on 10.07.2018.
Earlier order to continue till next date.
Next Purpose: C/S REPLY
Next Hearing Date: 10-07-2018

Date: 10-07-2018
Business: Adv. Mr. Patankar for Plaintiff present.
Adv. for defendant No.1 to 3 / BMC present.
Adv. Mr. Rahul Soman for deft.no.4 present.
O- Earlier order to continue till next date.
Adjd. to 02.08.2018 for reply on N/m and Ch/s and hrg of N/m
 No.4895/16.
Next Purpose: C/S REPLY
Next Hearing Date: 02-08-2018

Date: 02-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Matter adjd. to 4.10.18 for NM Hearing/ Chs Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Adv. Patankar for plaintiff present.
Adv. Kamble for defendant no. 1 and 2/ BMC present.
Adv. Rahul Soman for deft. no. 4 present.
Deft. no. 3 and 5 absent.
K.B. L.O.
Adv. Ms. Ratna Bhargavan for plaintiff present.
Adv. Kamble for defendant no. 1 and 2/ BMC present.
Adv. Rahul Soman for deft. no. 4 present.
Adv. for the plaintiff tendered original chamber summons no. 1658/18. She also tendered affidavit of service of writ of summons and another affidavit of service of chamber summons. tor
None of the proposed defts. have filed reply to the chamber summons inspite of service.
Earlier order, if any, to continue till next date.
Matter adjd. to 11.10.18 for NM Hearing and
Chs. Reply by deft. no. 4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2018

Date: 11-10-2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2018

Date: 23-10-2018
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Sanjay Patankar for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant/BMC nos. 1 and 2 present.
Adv. Mr. Rahul Soman for Defendant no. 4 present.
Earlier order, if any, to continue till next date.
Matter adjd. to 17.01.2019  for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Adv Mr.Patankar for plff present.
Adv Mrs.Vyavhare for BMC/deft no.1 and 2 present.
Adv Rahul Soman for deft n o.4 present.
Deft no.3 absent.
K.B..
Later on..
Adv Ms.Bhargawan for plff present and tendered original ch/sum no.1968/18 alongwith affidavit. It is TOR.
Adv Mrs.Vyavhare for BMC/deft no.1 and 2 present.
Adv Rahul Soman for deft no.4 present.
Order on ch/sum no.1968 of 2018 -
The proposed amendment does not change nature of the suit and necessary for deciding the suit on merits. Hence, chamber summons is allowed and made absolute in terms of prayer clauses (a) and (b).
The plaintiff is directed to carry out amendment accordingly on or before next date.
Adjd to 18/01/2019 at 3.30 p.m. for compliance/ ch/sum and NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Adv Patankar for plff present.
Adv Mrs.Bhoir h/f adv Vyavhare for BMC/deft. nos.1 and 2 present.
None present for defts no.3 and 5.
K.B..
Later on..
Adv R.Bhargawan for plff present.
Adv Mrs.Bhoir h/f adv Vyavhare for BMC/deft. nos.1 and 2 present.
Adv Rahul Soman for defts no.3 and 5 present.
Heard arguments of adv for deft no.4
Adjd to 22/01/2019 for arguments of plff.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv Patankar for plff present.
Adv Atharva Sawant for deft no.4 present.
Adv Subhedar for proposed defts no.3 and 5 present.
Adv Mrs.Vyavhare for BMC/deft no.1 and 2 present.
K.B..
Later on..
Adv R.Bhargavan for plff present.
Adv Mrs.Vyavhare for BMC/deft no.1 and 2 present.
Adv Rahul Soman for deft no.4 present.
None for defts no.3 and 5.
Heard arguments of ld adv for plff.
Adjd to 25/01/2019 for reply/arguments of deft no.4.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv R.Bhargawan for plff present.
Adv Mrs.Vyavhare for BMC/deft nos.1 and 2 present.
Adv Rahul Soman for defts no.4 present.
Adv Subhedar for proposed defts no.3 and 5.
Heard arguments of ld adv for deft no.4.
Earlier order, if any, to continue till next date.
Adjd to 5/02/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: Adv Patankar for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adv Subhedar for contemnor no.3 and 5 present.
Earlier order, if any, to continue till next date.
Adjd to 14/02/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Adv Patankar for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adv Sawant for applicant present.
FRSR. The following order is passed.
Order on Contempt NM No.4895 of 2016 -
1. Notice of Motion No.4895 of 2016 is dismissed.
2. Costs in cause.
Earlier order, if any, to continue till next date.
Adjd to 2/04/2019 for ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Adv. Mr. Patankar for Plff present.
Adv. Mrs. Mhatre h/f Adv. Mrs. Vyavhare for MCGM/ deft. No.1 and 2 present.
None for Deft No.3 and 5.
Adv. Mr. Rahul for Deft No.4 present.
Earlier order, if any, to continue till next date.
Adjd to 14/6/2019 for Ch/s and N/M hearing.
LO at 3.30 p.m.
Adv. Ms. Chaurasiya for Resp. No.15 in Ch/s No. 1658/18 present.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Ms. Ratna Bhargavan for Plaintiff present.
Adv. Ms. Hajare h/f Adv. Khandale for Defendant no. 1 and 2/MCGM present.
None for deft no. 3 and 5
Adv. Atharv Sawant for deft no. 4
Earlier order, if any, to continue till next date.
Adjd. to 15.07.2019 for ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Patankar for plaintiff is present.
Adv. Khandagle for MCGM/Deft. 1 and 2 is present.
Adv. Ms. Subhedar for contempner No. 3 and 5 is present.
Earlier order, if any, to continue till next date.
Adjd to 16.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Adv. Mr. Patankar for Plaintiff present.
Adv. Khandagle for MCGM/Deft. 1 and 2 present.
None present for deft no. 3 and 5.
Adv. Mr. Atharwa Sawant for deft no.4 present.
None for applicant and contemnors.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd. to 09.10.2019 for NM and ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. Patankar for plaintiff present.
Adv. Khandagle for MCGM/Deft.No. 1 and 2 present.
Adv. Atharv Sawant for Defendant No.4 present.
Adv. Subhedar for Defendant No. 10 present.
None for other defendants.
Court busy in ad-interim hrg. matters and HC time bound Matter. Hence adjourned
Earlier order, if any, to continue till next date.
Matter is adjd 17.01.2020 to NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Patankar for Plaintiff present.
None for Deft.Nos.1 and 2/MCGM.
Adv. Mr.Atharva Sawant for Defendant No.4 present.
None for Deft.Nos.3 and 5.
Earlier order, if any, to continue till next date.
Matter adjd. to 12.02.2020  for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Pathankar for plaintiff present.
Adv. Khandagle for MCGM/Deft.No.1 and 2 present.
None for defendant No.3 and 5.
Adv. Atharva Sawant for defendant No.4 is present.
Adv.Subhedar for contemptnor no.4 is present.
Earlier order, if any, to continue till next date.
Last chance to proposed defendant for filing ch/s reply.
 Matter adjd to 11.03.2020   for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv.Patankar for plaintiff present.
Adv. Khandagle for MCGM/Deft.1 and 2 present.
Adv.Ms.Subhedar for respondent/proposed defendant No.10 is present.
Adv. Atharva Sawant  for defendant No.4 is present.
None for defendant 3 and 5.
last chance given to all defendant for reply , in failure no reply order will be passed.
Earlier order, if any, to continue till next date.
 Matter adjd to 03.04.2020 for ch/s reply and argument- ch/s- 1658/18, 1514/17.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle for deft no.1 and 2/MCGM present.
None for deft nos. 3 to 5.
Earlier order, if any, to continue till next date.
Matter adjd to 01/02/2021 for Reply to Ch/s No.1658/18 and 1514/17/ NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 10/03/2021 for Reply to Ch/s No. 1685/18 and 1514/17 /NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 03/05/2021 for Reply to Ch/s No. 1685/18 and 1514/17 /NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: CORAM  H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Patankar for plaintiff present.
Adv. Tonwalkar for defendant No.1 and 2/MCGM present.
None for defendants nos. 3 to 5.
Earlier order, if any, to continue till next date.
Adjd. To 29-09-2021 for Filing Reply to Ch/s No. 1685/2018 and 1514/2017/NM Hearing.
                                                                                In-charge Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Patankar h/f Adv R. Bhargavan for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3 and 5.
Adv Atharv Sawant for defendant nos.4 present.
Earlier order, if any, to continue till next date.
Adjd. To 25/10/2021 for filing Reply to Ch/s No.1685/2018 and 1514/2017/NM Hearing.
L.O. at 4.00 p.m.
Adv Shubhangi Subhedar for proposed defendant no.10 present.
Aleady adjd. To 25/10/2021 for filing Reply to Ch/s No.1685/2018 and 1514/2017/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Patankar for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present.
Adv. Mr. Atharv Sawant for Defendant No.4 present.
None for Defendant No. 3 and 5.
None for Respondents.
Matter is adjd to 20/12/2021 for filing Reply to Ch/s No.1685/2018 and 1514/2017/NM Hearing.
L.O. at. 3.50 p.m.
Adv. Ms. Subhedar for Respondent No.10 present.
Next Purpose: REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Patankar for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant Nos. 1 and 2/MCGM is present.
Adv. Atharv Sawant for Defendant No.4 present.
None for Defendant No.3 and 5.
Adv. Shubhangi Subhedar for Respondent No.10 present.
Earlier order, if any, to continue till next date.
Matter is adjd to 16/02/2022 for reply to Ch/s No.1658/2018 and 1514/2017/NM Hearing.
Next Purpose: REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
Matter pertains to C.R. No.08
Adv Patankar for plaintiff present.
None for defendant nos.1 and 2/ MCGM.
None for Defendant No.3 and 5.
Adv Atharv Sawant for defendant no.4 present.
Earlier order, if any, to continue till next date.
Adjd. to 14/03/2022 for reply to Ch/s No.1658/2018 and 1514/2017/NM Hearing.
Next Purpose: REPLY
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant 1 and 2/ MCGM is present.
None for Defendant No.3 and 5.
Adv Atharv Sawant for defendant no.4 present.
Adv Shubhangi Subhadar for respondent  no.10 present and seeks time to file reply to Ch/s No.1658/2018 and 1514/2017.
Earlier order, if any, to continue till next date.
Adjd. To 01/04/2022 for filing reply to Ch/s No.1658/2018 and 1514/2017 by respondent no.10.
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Patankar for plaintiff present.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant 1 and 2/ MCGM is present. None for Defendant No.3 and 5.
Adv Atharva Sawant for defendant no.4 present.
Adv Shubhangi Subhedar for respondent no.10 present.
Earlier order, if any, to continue till next date.
Adjd. To 10/06/2022 for filing reply to Ch/s No.1658/2018 and 1514/2017 by respondent no.10.
Next Purpose: C/S REPLY
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Patankar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present.
None for Defendant Nos. 3 and 5.
Adv. Rohini Hirwane for deft No. 4 present.
Adv. Pathak h/f Adv. Subhedar for respondent No. 10 present and  requested time to file reply on Ch/s No.1658/2018 and 1514/2017. Time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 20/07/2022 for filing reply to C/S No. 1658/2018 and 1514/2017 by respondent No. 10.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2022

Date: 20-07-2022

Date: 24-08-2022
Business: Adv. Bhargawan for plaintiff present and submitted status quo order may be passed against R/10 MMRDA. However, application for impleading MMRDA is pending hence, status quo order without joining R/10 as a deft. cannot be passed.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and has given say on Ch/S No.1514/2017 overleaf.
Adv. Rohini Hirwane for deft. No.4 present.
None for deft. Nos.3 and 5.
None for respondents.
Earlier order, if any, to continue till next date.
Adjd. to 12/09/2022 for No say order against respondents in Ch/S No1658/2018.
L.O.
Adv. Shubhangi Subhedar for R/10 present.
Next Purpose: ORDER
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Patankar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for deft. Nos. 3 and 5.
Adv. Rohini Hirmale for defendant No.4 present.
Adv. Shubhangi Subhedar for respondent No.10 present and submitted that short date may be granted for filing reply to Ch/S No.1658/2018. Hence, time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for reply to Ch/S No.1658/2018/ passing No say order.
Next Purpose: ORDER
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Bhargavan for plaintiff present.
Adv. Mrs. Tondwalkar for defendant 1and 2/ BMC is present.
None for deft. Nos.3 to 5.
Adv. Shubhangi Subhedar for respondent No.10 present and submitted that officer of the MMRDA is supposed to come to the Court but he has not came and requested time however, already sufficient time is granted to respondent No.10 to filing reply hence, no say order to Ch/S No.1658/2018 passed against defendant Nos.1, 2, 3 and 5 and  respondents.
Earlier order, if any, to continue till next date.
Adjd. to 30/09/2022 for hrg. to Ch/S No.1658/2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Ms. Bhoir i/b Adv. R. Bhargavan for plaintiff present and submitted that senior Adv. is not feeling will. Hence, time is granted till next date.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for deft. Nos.3 and 5.
Adv. Sawant for deft. No.4 preset.
None for respondents.
Earlier order, if any, to continue till next date.
Adjd. to 10/11/2022 for hrg. on Ch/S No.1658/2018.
L.O.
Adv. Shubhagi Subhedar for respondent No.10 present.
Already adjd. to 10/11/2022 for hrg. on Ch/S No.1658/2018.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Matter pertains to CR. No. 04.
By Praecipe matter is taken on today\''s board.
Adv. Ms. Ratna Bhargavan for the plaintiff is present and tendered draft NM along-with affidavit. Leave is granted to register till the next date. Copy is supplied to the other side. The plaintiff is called upon to file service of affidavit.
Adv. Ms. Rawade for defendant/MCGM is present.
Adv. Mr. Atharva Sawant for defendant No. 4 is present.
Adv. Mr. Pathak h/f Adv. Subhedar for defendant No. 10/MMRDA is present. He submitted that as on today the MMRDA is yet to be joined as party to this suit as the earlier Ch/s is pending.
KB LO at 05.27 pm.
Advocate for the plaintiff filed affidavit of service. TOR. It is marked at Exh.08.
The advocate for the plaintiff requested for passing of ad-interim relief on the draft NM, filed today, against the MMRDA. It seems that in view of this affidavit, service of NM on MMRDA is effected today itself at 11.10 am. and this is not the service as contemplated under the Bombay City Civil Court Rules. The record is also silent to infer that the special leave of this Court is sought for effecting such short service. The record shows that for addition of the MMRDA is still under consideration in view of Ch/s No. 1658/2018, which is pending for hearing. By this Ch/s, defendant Nos. 6 to 15 are proposed to be joined and they are yet to be joined in the plaint. Hence, as on today, this NM can not be considered in absence of any adjudication on the said Ch/s. Moreover, it is 05.40 pm. and the Court time is almost over. Hence, the plaintiff is called upon to proceed with the matter after taking the legal steps.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s hearing to 14.11.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Matter pertains to CR No. 04.
Adv. Ms. Ratna Bhargavan for the plaintiff is present and filed original registered NM No. 4208/22 along-with affidavit. TOR.
Adv. Mr. Sutar for defendant Nos. 1 and 2/MCGM is present.
Adv. Mr. Soman for defendant No. 4 is present.
Rest of the defendants are absent.
The advocate for the plaintiff again insisted for the hearing on recent NM. However, in view of earlier observation of last roznama, her request can not be considered. The record shows that the Ch/s No. 1658/2018 is proceeded without reply of the other side. Hence, the plaintiff is called upon to argue on Ch/s on the next date.
Earlier order, if any, to continue till the next date.
Authenticated copy of this roznama be given to both the parties.
Adjourned for Ch/s hearing (no reply) to 16.11.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Ms. Ratna Bhargavan for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant No.1 and 2/ BMC is present.
Adv. Rahul Soman a/w Adv. Atharva Sawant i/b M/s Solomon and Co. for deft. Nos.4 present.
Adv. Pathak h/f Adv. Shubhangi Subhedar for respondent No.10 present.
Heard arguments of both sides on Ch/S No.1658/2018.
Earlier order, if any, to continue till next date.
Adjd. to 28/11/2022 for order on Ch/S No.1658/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Bhargavan for plaintiff present.
None for defendant No.1 and 2/ BMC.
None for deft. Nos.3 to 5.
Adv. Shubhangi Subhedar for respondent No.10 present and submitted that on previous date she was not present and Ch/S was kept for order without hearing the respondent No.10. Therefore, she requested to argue on Ch/S No.1658/2018. Adv. for plaintiff has not objection for Ch/S hearing.
Heard arguments of resondent No.10 and reply argument by Adv. for plaintiff on Ch/S No.1658/2018
Earlier order, if any, to continue till next date.
Adjd. to 02/12/2022 for order on Ch/S No.1658/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv. Patankar for plaintiff present.
Adv. Sutar h.f. Adv. Tondwalkar for Defendant No.1 and 2/BMC present.
None for Defendant No.3 to 5.
Adv. Shubhangi Subhedar Respondent No.10 present.
Earlier order, if any, to continue till next date.
Adjd. to 08/12/2022 for order on Ch/S No.1658/2018.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Patankar for plaintiff present.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for Defendant No.3 to 5.
Adv. Atharva Sawant for deft. No.4 present.
Adv. Shubhangi Subhedar for deft. No.10 present.
Following order is passed on Ch/S No.1658/2018-
O R D E R
1.      The plaintiff has taken out Ch/S under order 1, rule 10(2) of the Civil Procedure Code for impleading respondents as a party defendants and for consequential amendment. It is stated that the proposed defendants are necessary and proper party for complete and effective adjudication of issue involved in the suit. Therefore, respondents be impleaded as a defendants. The plaintiff is also seeking amendment in the plaint by adding para No.17-C to 17-L and prayer clause as per scheduled annexed to the Ch/S.
2.     The respondents are duly served but they did not filed reply. Defendant No.4 opposed Ch/S by filing reply and denied contentions in the Ch/S.
3.     Heard Adv. for plaintiff, defendants and respondent No.10.
4.     Adv. for plaintiff submitted that the proposed defendants are necessary party to the suit. It is further submitted that Hon\''ble High Court while disposing Writ Petition No.2513/2018 granted liberty to the plaintiff to seek remedy of amendment and addition necessary parties to the suit. Therefore, plaintiff has taken out Ch/S for amendment and addition of parties. Adv. for respondent/ MMRDA opposed Ch/S stating that there is no any cause of action against MMRDA and no any relief sought against MMRDA and the plaintiff is expanding scope of the suit and there cannot be one suit for different notices. On these grounds Adv. for respondent/ MMRDA prayed for dismissal of Ch/S.
5.     The first and foremost principle which governs the power of the Court in matter of addition of the party is that the question of addition of party under order 1, rule 10(2) is not one of the initial jurisdiction of the Court but judicial discretion which is to be exercised keeping in view the facts and circumstances of the particular case. It is well settled that two tests are to be satisfied for determine the question as to who is a necessary party. The tests are (1) there must be right to some relief against such party in respect of the controversies involved in the proceedings (2) no effective decree can be passed in absence of such party. It is also well settled that where the presence of the party is necessary for complete and effective adjudication of the dispute, though no relief is sought, he is a proper party. It is the contention of the plaintiff that proposed defendants are necessary and proper party to the suit. Hon\''ble High Court while disposing Writ Petition No.2513/2018 granted liberty to the plaintiff to add necessary parties. It is settled position of law that the plaintiff is the dominus lities and the plaintiff is seeking addition of the respondents party to the suit. On perusal of the pleadings of the parties, material on record and facts of the case, I am of the view that respondents are necessary and proper party to the present suit. Therefore, Ch/S for adding respondents as a party defendants and for consequential amendment deserves to be allowed. Hence, I pass following order-
O R D E R
1.     Ch/S No.1658/2018 is allowed.
2.     Plaintiff to amend the plaint accordingly till next date.
3.     In view of the amendment MMRDA is impleaded as a defendant the Registrar is directed to reassign the suit to the proper Court.
Earlier order, if any, to continue till next date.
Adjd. to 22/12/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: CORAM - H. H. J. SHRI. A. G. Santani (C.R.NO. 11)
(Incharge of C.R. No.09)
Matter received from Board Department.
Adv. Rahul Soman alongwith Adv. Karan Mehta for Defendant No. 4 present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 02.02.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Rahul Yadav for plaintiff present and seeking time to file service affidavit. Time granted.
Adv. Chandramore for defendant/BMC present.
Adv. Subhedar for Defendant/MMRDA present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 09.03.2023 for affidavit of service.
LO at 3.56 pm.
Adv. Atharva Sawant for deft.no. 4 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. Rahul Yadav for plaintiff present and filed affidavit of service.
Adv. Seema Rawade for defendant Nos. 1 and 2/BMC present.
Adv. Atharva Sawant for Defendant No. 4 present.
Earlier order, if any, to continue till next date.
By consent, Matter is adjourned to 06.06.2023 for reply of Notice of Motion/Chamber Summons.
Next Purpose: REPLY
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos.1 & 2/MCGM is present.
Adv. Mr. Atharv Sawant for defendant No. 4 is present.
Adv. Ms. Subhedar for defendant No. 10/MMRDA is present.
Advocate for defendant Nos. 1 and 2 sought time to file reply on NM No. 3350/2019.
Advocate for defendant No. 10 sought time to file reply on NM
No. 4208/2022.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 11.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Adv. Mr. Patankar or the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos. 1 and 2 /BMC is present.
Adv. Ms. Subhedar for defendant No.10/MMRDA is present and seeks time to file reply to NM No. 4208/2022 and also to file written statement. Time is granted.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 05.09.2023 for NM reply by defendant No. 10.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos. 1 and 2 /BMC is present.
Adv. Mr. Karan Mehta for defendant No. 4 is present.
Adv. Ms. Subhedar for defendant No.10/MMRDA is present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 02.11.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: Matter pertains to C.R.No.9
Adv. Mr. Sanjay Patankar for the plaintiff is present.
Adv. Ms. Devayani Deshmukh for defendant no.4 is present.
Adv. Ms. Subhedar for defendant No.10/MMRDA is present.
Earlier order, if any to continue till next date.
Adjourned for NM Reply to 14.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos. 1 and 2/BMC is present.
Adv. Mr. Karan Mehta for defendant No. 4 is present.
Adv. Ms. Subhedar for defendant No.10/MMRDA is present.
Adv. for defendant Nos. 1 and 2 seeks time to file NM reply and Ch/s reply. Time is granted.
Adv. for defendant No. 10 submitted that defendant No. 10 is not party to NMs and unless defendant No. 10 made party to NM. Hence, defendant No. 10 is not supposed to file reply.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 20.02.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Adv. Mr.Sanjay Patankar for the plaintiff is present.
Adv. Mrs.Chandramore for defendant no.1 and 2/BMC is present.
Adv. Mr. Karan Mehta for defendant no.4 is present.
Adv. Ms.Subhedar for defendant no.10/MMRDA is present.
Adv. for defendant no.1 and 2 seek time to file reply to NM No.2809/16, NM No.3350/19 and NM No.745/18.
adv. for plaintiff seek time to takes steps to add.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 04.04.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Mr.Sanjay Patankar for the plaintiff is present.
Adv. Mrs.Chandramore for defendant No.1 and 2/BMC is present.
Adv. Ms.Subhedar for defendant No.10/MMRDA is present.
Adv. Ms.Khushi Merchant i/b Solomou and Co. for defendant no.4 is present.
Adv. for plaintiff seeks time to take out fresh Ch/s.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 20.06.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Mr. Sanjay Patankar for the plaintiff is present.
Adv. Mr. V. G. Shinde for defendant nos. 1 and 2/BMC is present.
Adv. Ms. Sailee Dixit i/b Solomon and Co. for defendant no. 4 is present
Adv. Ms. Subhedar for defendant no. 10/MMRDA is present
Earlier order, if any, to continue till next date.
Matter is adjourned to 07.08.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Advocate Sanjay Patankar present for plaintiff.
Advocate Subhedar for defendant/MMRDA present.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Sauparnika Seshadrinathan for defendant no. 4 present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 25/09/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Adv. Sanjay Patankar present for plaintiff.
Advocate Subhedar for defendant/MMRDA present.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Karan Mehta for defendant no. 4 present.
Earlier order if any, to continue till next date, subject to the directions that, plaintiff to take necessary steps.
Matter is adjourned to 11/12/23 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: Ld. Adv. Sanjay Patankar a/w. Ld. Adv. Ratna Bhargavan present for plaintiff.
Ld. Adv. Subhedar present for MMRDA.
Ld. Adv. Karan Mehta i/b. M/s. Saloman and Co. present for defendant no.4.
Earlier order if any, to continue till next date.
Matter is adjourned to 20.02.2025 for NM Reply/Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Ratna Bhargavan for plaintiff present.
Adv. Shital Waghmare h/f Adv. Rahul Rathod for defendant nos. 1 and 2/BMC present.
Adv. Karan Mehta i/b M/s. Solomon and Co. for defendant no. 4 present.
Advocate for the plaintiff tendered draft Ch/s along with supporting affidavit for amendment in Notice of motion No. 4208/22. TOR. Leave is granted to register the same.
Ch/s along affidavit is returned to Advocate for the plaintiff for registration purpose.
Plaintiff to serve copy of ch/s to other sides.
Earlier order, if any, to continue till next date.
Matter is adjourned to 19.03.2025 for reply on N/m and service of Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: Adv. S. P. Patankar present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Karan Mehta for defendant no. 4 present.
Advocate Subhedar for defendant no. 10/MMRDA present.
None present for other defendants.
Adv. for plaintiff tendered registered CS no. 454/2025 alongwith affidavit in support of. t.o.r..
He also filed affidavit of service of CS.
Service is completed against all defendants except defendant no. 3 and 5.
Matter is adjourned for service to deft. no. 3 and 5/reply to CS by other defendants to 05/05/25.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: Adv. S. P. Patankar present for plaintiff and he filed application for continuation of earlier order. t.o.r. marked as Exh. 9.
Adv. Sauparnika for defendant no. 4 present.
Advocate Rahul Rathod for defendant/BMC present.
Advocate for defendant no. 4 and defendant/BMC filed say on Exh. 9.
Matter is adjourned to 06/05/25 for order on Exh. 9.
Next Purpose: ORDER
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: Adv. Sanjay Patankar present for plaintiff.
Advocate Subhedar for defendant/MMRDA present and filed reply on Exh. 9. t.o.r..
Advocate Karan Mehta for defendant no. 4 present.
Matter is adjourned for order on Exh. 9 to 07/05/25.
Next Purpose: ORDER
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: Adv. Sanjay Patankar a/w Adv.  Pranoti Bhoir present for plaintiff.
Advocate Subhedar for defendant/MMRDA present.
F.R.S.R. following order is passed on application at Exh. 9.
                                    ORDER
1) The application (Exh.9) is allowed.
2) The earlier order as to status quo be continued till next date
3) The application (Exh.9) is disposed of accordingly.
Matter is adjourned to 09/07/25 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: Adv. Sanjay Patankar present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Karan Mehta for defendant no. 4 present.
Earlier order if any, to continue till next date.
Matter is adjourned to 01/08/25 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-08-2025

Date: 01-08-2025
Business: (Matter pertains to C. R. No. 9.)
Adv. Sanjay Patankar present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Karan Mehta for defendant no. 4 present.
Earlier order if any, to continue till next date.
Matter is adjourned for CS reply to 22/08/25.
Next Purpose: C/S REPLY
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Plaintiff present.
Adv. S. P. Patankar a/w Adv.  Hetvi Savla present for plaintiff.
Advocate Subhedar for defendant/MMRDA present.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Mehta for defendant no. 4 present.
Earlier order if any, to continue till next date.
Matter is adjourned to 18/09/25 for CS reply.  (Afternoon session)
Next Purpose: C/S REPLY
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: Adv. S. P. Patankar present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Karan Mehta i/b Solomon  Co. for defendant no.4 present.
Adv. Subhedar present for defendant no.10/MMRDA and requested for time to file reply. O-Time granted.
Earlier order if any, to continue till next date.
Matter is adjourned to 18.10.2025 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: Adv. Patankar present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
Adv. Subhedar for defendant no.10/MMRDA present and submitted that she will file reply on the next date.
Earlier order if any, to continue till next date.
Matter is adjourned to 18.12.2025 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: Adv. Deepak Ahuja for plaintiff present.
Adv. Rahul Rathod present for defendant no. 1. (BMC)
Adv. Subhedar for defendant no. 10 present and requested time.
Earlier order if any, to continue till next date.
Matter is adjourned to 07/01/2026 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2026

Date: 18-12-2025
Business: Adv. Deepak Ahuja for plaintiff present.
Adv. Rahul Rathod present for defendant no. 1. (BMC)
Adv. Subhedar for defendant no. 10 present and requested time.
Earlier order if any, to continue till next date.
Matter is adjourned to 07/01/2026 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. S. P. Patankar for plaintiff present.
Adv. Rahul Rathod for defendant no.1/BMC present.
Adv. S. P. Patankar for plaintiff submitted that Adv. Subhedar is unable to remain present today therefore, Hearing of NM 2809/2016 be adjourned.
Order below Chamber Summons no.454/2025
Heard arguments of advocate for plaintiff Shri. S. P. Patankar. Perused the record and proceeding of the original Suit no.1520/2016. By way of present Chamber Summons the plaintiff has prayed that defendant nos.6 to 15 be permitted to be added but the plaint shows that on 19.12.2022 the plaintiff has already added the defendant nos.6 to 15 hence, the prayer made in Chamber Summons no.454/2025 is now redundant relating to addition of parties but as the plaintiff has prayed interim relief by way of NM no.4208/2022, therefore accordingly as submitted by Advocate for plaintiff the Chamber Summons nos.454/2025 stands disposed of relating to addition of parties in Suit but Chamber Summons no.454/2025 is partly allowed relating to addition of parties in NM no.4208/2022. Plaintiff is directed to carry out necessary amendment in NM no.4208/2022 and to file amended copy of the NM till next date.
Earlier order if any, to continue till next date.
Matter is adjourned to 21.01.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. S. P. Patankar present for plaintiff.
Adv. Aslam Tadvi h/f Adv. Rahul Rathod for defendant no.1/BMC present.
Earlier order if any, to continue till next date.
The Court is busy in dictating Order in Suit no.373/2024 and Hearing arguments in other urgent matters. Hence, Matter is adjourned to 20.02.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: Adv. Sanjay Patankar present for plaintiff and filed service affidavit of NM. TOR.
Adv. Rupali D. Patil h/f Adv. Rahul Rathod for defendant/BMC present.
Adv. Subhedar for defendant no.10/MMRDA present and requested for time to file reply. O-Time is granted.
Earlier order if any, to continue till next date.
Matter is adjourned to 24.03.2026 for Compliance/NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: Adv. S. P. Patankar present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Subhedar for defendant no.10/MMRDA present.
Earlier order if any, to continue till next date.
Matter is adjourned to 16.04.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: Matter pertains to C.R. No.9
Adv. Mr.Sanjay Patankar for plaintiff is present.
Adv. Mr. Rahul Rathod for Deft./BMC present.
Earlier order if any, to continue till next date.
Matter is adjourned to 28.04.2026 for compliance.
  I/c. Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Matter pertains to C.R. No.9
Adv. Sanajy Patankar for plaintiff present.
None present for defendants.
Earlier order if any, to continue till the next date.
Matter is adjourned to 12.06.2026 for Compliance.
                                                                                            I/c Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: Matter pertains to C.R. No.09.
Adv. Mr. Deepak Ahuja i/b R. Bhargavah and Associates for plaintiff is present.
Adv. Mrs. Shubhangi Subhedar for Deft/MMRDA is present.
Earlier order if any, to continue till next date.
Matter is adjourned to 01.07.2026 for Compliance.
                                                                                             I/c   Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2026

Date: 01-07-2026
Business: Adv. S. P. Patankar present for plaintiff.
Adv. Rahul Rathod for defendant no.1/BMC present.
Adv. Subhedar for defendant no.10/MMRDA present and submitted that she will file reply to NM 4208/2022 on next date.
Earlier order if any, to continue till next date.
Matter is adjourned to 12.08.2026 for reply to NM 4208/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: Adv. Pranoti Bhoir i/b R. Bhargavan and Associates present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.1/BMC present.
Adv. Subhedar for defendant no.10/MMRDA present and filed reply to NM 4208/2022. TOR. O-Reply RR.
Earlier order if any, to continue till next date.
Matter is adjourned to 21.09.2026 for Hearing on NM 4208/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2026

Main Case No: SUIT/0101520/2016
Main Cnr: MHCC010065712016
Main Filing No: 111447

Registration Number: 100745/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 100745/2018
Transfer Date: 22-12-2022
From Court: 4 - COURT 04 AD-HOC JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 102999/2018
Filing Date: 22-02-2018
First Hearing Date: 06th March 2018
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE