Kalu B. GadgilVsMHADA +1 more

Date: 09-04-2018
Business: Adv. Salu  for Plaintiff
Adv. Prabhu for MHADA/Defendant.
Adv. Anil Divate for Defendant 3 undertake to file Vakalatnama on next date.
Adjourned to 07.06.2018 for Writ of Summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-06-2018

Date: 07-06-2018
Business: Adv. Sahu for Plaintiff present.
Adv. Charusheela Gorad for Defendant no.3 present.
Plaint.
Vakalatnama in Plaint.
Memorandum of Address.
List of Document in plaint.
Adv. Charusheela Gorad filed Vakalatnama on behalf of Defendant no.3.  Taken on record and marked as Exh.5.
Adv. Prabhu for Defendant no.1/MHADA present.
Plaintiff filed affidavit of service of writ of summons for Defendant nos.1,2 and 3.  Defendants are duly served.
Defendant no.2 absent.
Hence suit to proceed ex-party against Defendant no.2.
Adjourned to 12.09.2018 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Matter adj. to 25/10/2018 for filing WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Matter adj. to 04/02/2019 for NO WS Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Plaintiff present with his Adv. Manoranjan Sahu.
None present for defendants
On request of plaintiffs advocate, adjd. For evidence without WS to 02.04.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Plaintiff present with Adv.Sahu.
Adv. Prabhu for defendant no.1/MHADA present.
Affidavit of examination in chief of PW-1 Kalu Gadgil is filed at Exh.6.
Plaintiff has filed 13 documents with list Exh.7.
Plaintiff is directed to provide copies of affidavit and documents to defendants advocates.
Adjourned for admissibility of documents to 07.06.2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Court is busy in other matters on board. Hence board is discharged.
Matter is adjd. to 19.08.2019
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adjd
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: None present  for the Plaintiff.
Adv. Prabhu for MHADA Defendant no. 1 present. (no WS )
None present  for Defendant no. 3(no WS )
Defendant-2 exparte.
Matter is adjd. to 10.01.2020 for hearing on the documents of the plff/ for cross-examination of PW-1 by the deft.
LO at 1.15p.m.
Adv. Mr. Sahu for the Plaintiff present.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Mr. Sahu for Plaintiff is present.
Adv. Prabhu for MHADA Defendant no. 1 present.
KB
LO at 1.15p.m.
Same appearance.
The acknowledgement receipt of notice dtd 18.01.2018 is not filed on record.
Matter is adjd to 21.02.2020 for hearing on the documents/ evidence of the Plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Court is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present for the plff and the deft.
Matter is adjd. to 22.01.2021 for admission or denial
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv.  Minisha Sahu for the plaintiff.
None for defendants.
Witness absent.
Matter is adjd. to 17/03/2021 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Plaintiff is present.
Adv. Sahu  for the plaintiff
Adv. Mangal Kadam for defendant No.1.
Application for filing additional evidence filed by advocate for the plaintiff. O- Other side to say.
Matter is adjd. to 05/05/2021 for say on Exh.8.
Next Purpose: FILING SAY
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING SAY
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: By praecipe.
Adv. Mr. M. Sahu for the plaintiff present.
None for defendants No.1 and 2.
Adv. Mr. M. Pawar for the defendant No.3 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
The plaintiff is directed to file NM service affidavit to defendants No. 1 and 2.
Heard ld. advocate of plaintiff and Ld. advocate of defendant No.3 at length. The ld. advocate of plaintiff submitted that considering para 10 of draft NM the suit is maintainable on the other hand the ld. advocate of defendant No.3 has strongly opposed this submission and noted number of relevant sections of MHADA and submitted that the Suit is not maintainable before this Court. The plaintiff has alternative remedy, he has not prayed this fact is in plaint. Therefore, draft NM is not tenable.
    On perusal of plaint, NM and hearing of arguments from both sides, the plaintiff has challenged notice No. EE/GN/DE-I2397/2021 and  requested defendants be restrained from executing that notice. Considering the submission, argument and pleading the defendants are directed not to execute that notice till next date.
Matter is adjd. to 30/06/2021 for reply/hearing of defendants to NM and say of defendants on Exh.8.
Next Purpose: FILING SAY
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: CROAM : H. H. J.  SHI. G. B. GURAO (C.R. NO.11)
Matter pertain to C.R. No.09.
Adv. Mr. Sahu for plaintiff present.
None present for defendants.
Earlier order if any, to continue till next date.
Matter is adjourned for reply/NM hearing to 12.07.2021.
Next Purpose: FILING SAY
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Adv.Manoranjan Sahu for plaintiff.
Adv.M.H.Ansari for defendant  no.3.
None for defendant no.1 and 2.
Advocate for the plaintiff tendered registered N/M No.1385/21 along with affidavit in support and also filed affidavit of service t.o.r.
Adv.for defendant no.3 filed reply NM No.1385/21.
The adv.of plaintiff requested time for rejoinder to the reply of defendant no.3.
Earlier order if any  to continue till next date.
Matter is adjd. to 23.07.2021 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: due to covid-19
Next Purpose: REJOINDER
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: court is on leave
Next Purpose: REJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv. Ghogare for plaintiff present
Adv. Pawan Tiwari for defendant No.3 present.
Matter is adjd. to 20/12/2021 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 09-02-2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None for plff.
None for defts.
Adv D.V. Pawar submits that he wants to file chamber summons for intervenor.  However, it is not ready. He seeks time to file the same
Kept back.
Lateron 2.55 p.m.
None present for plff.
None for defendant.
Advocate D.V. Pawar present.
Matter is adjd. to 18.04.2022 for Withdrawal.
Reason For Adjournment: court time is over
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Pawar present for applicant in Ch/s and tendered draft Ch/s @ affidavit. TOR
Leave granted to register. He also file vakalatnama for applicant in Ch/s @ affidavit in support of Ch/s.
None present for plaintiff.
Adv. Pawan Tiwari  present for defendant no. 03.
As Plaintiff and his advocate are absent.
Matter adjourned for NM dismissal order and service and reply to the Ch/s to 15.06.2022 .
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv. Meenakshi sahu present for plaintiff and sought adjournment.
Adv. Pawan tiwari present for defendant 03.
Adv. Chaurasiya hf adv. Chandrashekhar present for the defendant no. 01.
Adv. D. V. Pawar present for the applicant in chamber summons and he tendered original registered Chamber Summons No. 666/2022 @ affidavit. t.o.r.
copy served to the advocate for plaintiff.
Matter adjourned for reply to the chs. To 28/07/22.
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Meenakshi Gala present for plaintiff and sought adjournment withdrawal of the suit.
Adv. Harish Pawar present for defendant 03.
Adv. D. Pawar For applicant in chs.
None present for other defendants.
Matter adjourned for withdrawal to 01/08/22.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Manoranjan Sahu @ adv. Meenakshi Gala present for plaintiff and tendered application for withdrawal of suit unconditionally. t.o.r. marked as Exh. 09.
Adv. For plaintiff submitted that plaintiff is withdrawing the suit unconditionally.
None present for defendants.
Order on Exh. 09.
Order- Perused the application and record. Adv. For plaintiff submitted that, plaintiff wants to withdraw the suit unconditionally. Plaintiff is master of its case. Therefore, permission to withdraw the suit unconditionally as prayed is granted.
     Advocate of plaintiff submitted to dispose off the suit as withdrawn unconditionally. Hence, suit is disposed off as withdrawn unconditionally. As the suit is disposed off, nm no. 1385/21 and cs. no. 666/2021 do not survive. Hence, nm no. 1385/21 and cs. no. 666/2021 are disposed off accordingly. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-08-2022

CHAMBER SUMMONS/100666/2022
MISC APPLICATION/100100/2023
NOTICE OF MOTION/101385/2021

Registration Number: 100797/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100797/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 103403/2018
Filing Date: 01-03-2018
First Hearing Date: 09th April 2018
Decision Date: 01st August 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE