Ramchandra Shivram Salunkhe and Ors.VsMHADA 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: NOTICE OF MOTION
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 29.03.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Rama for plaintiff present and filed draft Ch/s a/w affidavit in support TOR O- leave is granted to register. Serve to other side.
Adv. S.M.Naik for MHADA present.
Matter is adjd. to 29-04-2022 for Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Bhende for plaintiff present and registered Ch/s 575/22.
Adv. Mangale Kadam h/f Adv. Naik for MHADA present.
Matter is adjd. to 20-07-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2022

Date: 29-04-2022
Business: Adv. Bhende for plaintiff present and registered Ch/s 575/22.
Adv. Mangale Kadam h/f Adv. Naik for MHADA present.
Matter is adjd. to 20-07-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. for plaintiff present and tendered draft NM along with affidavit. O - Leave is granted to register NM.
Adv. Hetvi Nishar h/f Gaurang Jhaveri for defendant no. 4 present and filed VP- Exh.....
Matter is adjd. to 05.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2022

Date: 20-07-2022
Business: Adv. for plaintiff present and tendered draft NM along with affidavit. O - Leave is granted to register NM.
Adv. Hetvi Nishar h/f Gaurang Jhaveri for defendant no. 4 present and filed VP- Exh.....
Matter is adjd. to 05.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Plaintiff no. 2 a/w his Adv. Roma Bhende present and seeking time for tendering register NM. Time extended till next date.
None present for defendant.
Matter is adjd. to 09.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2022

Date: 05-09-2022
Business: Plaintiff no. 2 a/w his Adv. Roma Bhende present and seeking time for tendering register NM. Time extended till next date.
None present for defendant.
Matter is adjd. to 09.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Roma Bhende for plaintiff present and tendered register NM no. 3891/22 alongwith affidavit in support.
Adv. Hetvi Nishar for defendant no. 4 present and seeking time to file reply. Time granted.
Matter is adjd. to 12.01.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2023

Date: 09-11-2022
Business: Adv. Roma Bhende for plaintiff present and tendered register NM no. 3891/22 alongwith affidavit in support.
Adv. Hetvi Nishar for defendant no. 4 present and seeking time to file reply. Time granted.
Matter is adjd. to 12.01.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None present for plaintiff
Adv.Hetvi Nishar for defendant no.4 is present and filed pursis marked Exhibit-6 and submitted that the written statement dated 17.02.2020 be treated as a reply to the Notice of Motion No.3891/22.
Matter is adjourned to 14.03.2023 for NM No.3891/2022 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Roma Bhende for plaintiff present and filed affidavit of service
Adv.  Hetvi Nishar for defendant No. 4 present.
Defendant Nos. 1 to 3 failed to file their reply on Chamber Summons No. 575/22. Hence, no reply order passed against them.
As Court is busy in dictating judgment in Suit No. 864/2016 and Order in Misc. App. No. 61/2021. Hence, Matter is adjourned to 28.04.2023 for Chamber Summons/Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023

Date: 14-03-2023
Business: Adv. Roma Bhende for plaintiff present and filed affidavit of service
Adv.  Hetvi Nishar for defendant No. 4 present.
Defendant Nos. 1 to 3 failed to file their reply on Chamber Summons No. 575/22. Hence, no reply order passed against them.
As Court is busy in dictating judgment in Suit No. 864/2016 and Order in Misc. App. No. 61/2021. Hence, Matter is adjourned to 28.04.2023 for Chamber Summons/Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None present for the parties.
Matter is adjourned to 02.08.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 28-04-2023
Business: None present for the parties.
Matter is adjourned to 02.08.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Adv. Ms. Roma Bhende for the plaintiff is present.
Adv. Ms. Akshta Kale h/f Adv. Diwan defendant No.1/MHADA is present.
Adv. Mr. Harsh Nisha  for defendant No. 4 is present.
The following Order is passed on Ch/s. No. 575/2022:
	Present chamber summons has been taken out on behalf of the plaintiff for taking on record names of legal-heirs of deceased plaintiff Ramchandra Salunkhe who died on 28.02.2021 and for consequential amendment. No reply has been filed by defendants. Copy of death Certificate is produced on record. Considering the submissions, it would be just and proper to allow the plaintiff is bringing on record legal-heirs of deceased plaintiff. Hence, I proceed to pass following Order:
ORDER
1.	Chamber Summons No. 575 of 2022 is made absolute.
2.	Plaintiff is permitted to amend the plaint as prayed.
3.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
4.	Chamber Summons No. 575 of 2022 stands disposed off.

Matter is adjourned to 17.08.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023

Date: 02-08-2023
Business: Adv. Ms. Roma Bhende for the plaintiff is present.
Adv. Ms. Akshta Kale h/f Adv. Diwan defendant No.1/MHADA is present.
Adv. Mr. Harsh Nisha  for defendant No. 4 is present.
The following Order is passed on Ch/s. No. 575/2022:
	Present chamber summons has been taken out on behalf of the plaintiff for taking on record names of legal-heirs of deceased plaintiff Ramchandra Salunkhe who died on 28.02.2021 and for consequential amendment. No reply has been filed by defendants. Copy of death Certificate is produced on record. Considering the submissions, it would be just and proper to allow the plaintiff is bringing on record legal-heirs of deceased plaintiff. Hence, I proceed to pass following Order:
ORDER
1.	Chamber Summons No. 575 of 2022 is made absolute.
2.	Plaintiff is permitted to amend the plaint as prayed.
3.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
4.	Chamber Summons No. 575 of 2022 stands disposed off.

Matter is adjourned to 17.08.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Adv. Ms.Roma Bhede for the plaintiff is present.
Adv. Mr. Akshata Kale for defendant No. 1/MHADA is present.
Adv. Ms. Hetvi Nishar for defendant No. 4 is present.
Adv. for the plaintiff submitted that plaintiff has carried out amendment and served copy of amended plaint on defendant.
Plaintiff is directed to supply copy of amended plaint on record.
Matter is adjourned to 17.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-08-2023
Business: Adv. Ms.Roma Bhede for the plaintiff is present.
Adv. Mr. Akshata Kale for defendant No. 1/MHADA is present.
Adv. Ms. Hetvi Nishar for defendant No. 4 is present.
Adv. for the plaintiff submitted that plaintiff has carried out amendment and served copy of amended plaint on defendant.
Plaintiff is directed to supply copy of amended plaint on record.
Matter is adjourned to 17.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Adv. Ms. Roma Bhende for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed amended copy of plaint on record.
It is submitted on behalf of plaintiff that plaintiff has filed affidavit of service upon defendant Nos. 2 and 3 which shows that defendant Nos. 2 and 3 are duly served. Despite of service of summons defendant Nos. 2 and 3 failed to appear. Hence, suit to proceed ex-parte against defendant Nos. 2 and 3.
Matter is adjourned to 11.01.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-01-2024

Date: 17-10-2023
Business: Adv. Ms. Roma Bhende for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed amended copy of plaint on record.
It is submitted on behalf of plaintiff that plaintiff has filed affidavit of service upon defendant Nos. 2 and 3 which shows that defendant Nos. 2 and 3 are duly served. Despite of service of summons defendant Nos. 2 and 3 failed to appear. Hence, suit to proceed ex-parte against defendant Nos. 2 and 3.
Matter is adjourned to 11.01.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Ms.Roma Bhende for the plaintiff is present.
Adv. Ms. Akshada Kale h/f Adv. Diwan for defendant no.1/MHADA is present.
None present for defendant no.4.
Advocate for defendant no.1 seeks time to file WS. Time granted for today only.
Matter is adjourned to 13.03.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2024

Date: 11-01-2024
Business: Adv. Ms.Roma Bhende for the plaintiff is present.
Adv. Ms. Akshada Kale h/f Adv. Diwan for defendant no.1/MHADA is present.
None present for defendant no.4.
Advocate for defendant no.1 seeks time to file WS. Time granted for today only.
Matter is adjourned to 13.03.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: None present for plaintiff
Adv. Ms.Tanvi for the defendant no.4 is present.
Matter is adjourned to 10.06.2024 for W.S.
LO at.3.06. pm.
Adv. Ms.Roma Bhende for plaintiff is present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2024

Date: 13-03-2024
Business: None present for plaintiff
Adv. Ms.Tanvi for the defendant no.4 is present.
Matter is adjourned to 10.06.2024 for W.S.
LO at.3.06. pm.
Adv. Ms.Roma Bhende for plaintiff is present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Ms.Vinita Bhende for the plaintiff is present.
Adv. Ms.P.N.Diwan for defendant no.1 /MHADA is present.
Adv. Ms.Tanvi for defendant No.4 is present.
Defendant no.2 to 3 are alredy ex-parte.
On perusal of record it appears that the NM No.1038 of 2020 for condonation of delay for filing WS is not tendered on record. Hence, Matter is adjourned to 10.07.2024 for tendering the NM/WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2024

Date: 10-06-2024
Business: Adv. Ms.Vinita Bhende for the plaintiff is present.
Adv. Ms.P.N.Diwan for defendant no.1 /MHADA is present.
Adv. Ms.Tanvi for defendant No.4 is present.
Defendant no.2 to 3 are alredy ex-parte.
On perusal of record it appears that the NM No.1038 of 2020 for condonation of delay for filing WS is not tendered on record. Hence, Matter is adjourned to 10.07.2024 for tendering the NM/WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Ms.Joshna Gaikwad h/f Adv. Vinita for plaintiff is present.
Adv. Ms.Tanvi Punekar h/f Adv. Gaurang Zaveri  for defendant No.4 is present.
Advocate for the defendant No.4 tendered registered N/M No.2904/2024 along with affidavit in support. t.o.r.
KB LO at 04.04 pm.
Adv.Ms.Diwan for defendant/MHADA is present.
Old NM is renumbered as 2904/24 therefore old NM No.1038/20 is required to be disposed off and accordingly stand disposed.
Adv. for plaintiff filed say on NM 2904/24 overleaf.
F.R.S.R. the following Order is passed on NM No. 2904 OF 2024.
- O R D E R
1.Notice of Motion No. 2904 of 2024 in Suit No.2207 of 2019 is hereby allowed.
2.The delay of 78 days stands condoned in filing written statement by defendant No.4.
3. The defendant No.4 to file written statement within 15 days from the date of this order.
4.Payment of costs shall be condition precedent for having/considering the written statement.
5.Notice of Motion stands disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Ms.Joshna Gaikwad h/f Adv. Vinita for plaintiff is present.
Adv. Ms.Tanvi Punekar h/f Adv. Gaurang Zaveri  for defendant No.4 is present.
Advocate for the defendant No.4 tendered registered N/M No.2904/2024 along with affidavit in support. t.o.r.
KB LO at 04.04 pm.
Adv.Ms.Diwan for defendant/MHADA is present.
Old NM is renumbered as 2904/24 therefore old NM No.1038/20 is required to be disposed off and accordingly stand disposed.
Adv. for plaintiff filed say on NM 2904/24 overleaf.
F.R.S.R. the following Order is passed on NM No. 2904 OF 2024.
- O R D E R
1.Notice of Motion No. 2904 of 2024 in Suit No.2207 of 2019 is hereby allowed.
2.The delay of 78 days stands condoned in filing written statement by defendant No.4.
3. The defendant No.4 to file written statement within 15 days from the date of this order.
4.Payment of costs shall be condition precedent for having/considering the written statement.
5.Notice of Motion stands disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 10-07-2024

Main Case No: SUIT/0102207/2019
Main Cnr: MHCC010003352019
Main Filing No: 111447

Registration Number: 101038/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103120/2020
Filing Date: 06-03-2020
First Hearing Date: 20th March 2020
Decision Date: 10th July 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE