Date: 06-11-2020
Business: Adv. Mr. Paresh Madkaikar for plff. present and tendered draft N/M along with affidavit. Leave granted to register N/M copy to served to other side.
Service to bailiff permit.
Time extended till next date for service of writ of summons.
Adjd to 27.11.2021 for ad interim hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: P.O. is on leave, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv. Madkaikar for plaintiff present and tendered registered NM No. 1638/20 along with affidavit and original writ of summons. TOR and marked at Exh. 5
Adv. Pavitra Manish I/b M. S. Topkar for defendant no. 1 to 3 present and undertakes to file vakalatnama on next date. She has received copy of plaint, documents, NM and affidavit in support of the NM. She seeks time to file reply. Her request is accepted subject to condition that she shall serve copy of reply to the plaintiff well in advance before next date so that the NM can be heard on next date.
None for defendant no. 4 to 8.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Exh. 5 Writ of summons.
Adjd to 05.01.2021 for ad-interim hearing/reply.
Next Purpose: HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Ms. Kavisha Shah for plaintiff present
Adv. Ms. Pavitra Manesh for defendants no. 1 to 3 present
Adv. Ms. Ketki Prajapati for defendants no. 4 and 5 present
Adjd to 22.01.2021 for N/M Reply
Next Purpose: HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Paresh Madkaikar for plaintiff present.
Adv. Pavitra Mahesh for defendant no. 1 to 3 present. She has also tendered vakalatnama and written statement of def. no. 1 to 3 along with list of documents. They are marked at Exh. 7 and 8 respectively. Copy served to other side. Ld. Adv. for the defendant no. 1 to 3 orally submits that the written statement be treated as reply to NM No. 1638/20.
Adv. Harish Pawar for defendant no. 4 to 8 present and filed vakalatnama. Tor and marked at Exh. 9
Adjd to 12.02.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Madkaikar for plaintiff present.
Adv. Nikhil Tapal for defendant no. 4 to 8 present.
None for def. no. 1 to 3.
On oral request of Ld. Adv. for def. no. 4 to 8 adjournment granted as last chance subject to condition that they shall provide copy of reply well in advance before next date to other side
Adjd to 09.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Court is on leave,hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Ruturaj Joshi for plaintiff present.
Adv. Pawan Tiwari for def. no. 4 to 8 present and tendered written statement of def. no. 4 to 8. Tor and marked at Exh. 10. Copy served to other side.
He has also tendered pursis to treat the w.s. as reply of def. no. 4 to 8 to NM No. 163/2020. Copy served to other side.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 29.06.2021 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv. for plaintiff present and seeking time to file rejoinder to Notice of motion
None for defendant
Due to COVID pandemic matter is adjourned with direction to plaintiff to file rejoinder on next date
Adjd for NM rejoinder to 30/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv. Mr. Paresh Madkaikar I/b Adv. Kavisha Shah for plaintiff present.
Adv. for defendant present.
Adv. for plaintiff filed rejoinder to affidavit in reply of deft No. 4 to 8. t.o.r.
Adv. for plaintiff filed rejoinder to affidavit in reply of deft No. 1 to 3. t.o.r.
Adjd for NM hearing to 21/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Paresh Madkaikar for plaintiff present.
Adv. For defendant No. 1 to 3 present and prayed for adjournment.
Adv. For defendant No. 4 to 8 present.
Adjd for NM hearing to 28/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Paresh Madkaikar along with Adv. Kavisha Shah for plaintiff present.
Adv. Saurabh Mandlik For defendant No. 1 to 3 present.
Adv. Dhiraj Zokande h/f Adv. Harish Pawar for defendant No. 4 to 8 present.
Application for adjournment filed by Adv. For defendant No. 1 to 3 stating that advocate for defendant is unable to attend the court due to ill health. O- Considering the reason shown, adjournment is granted as last chance.
Adjd for NM hearing to 20/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Dt.20/10/2021
Suit 1150/20
NM 1638/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Paresh Madkaikar for plaintiff present.
Adv. M. S. Topkar For defendant No. 1 to 3 present.
Plaintiff present.
Adv. For defendant No. 4 to 8 present.
Adv. For defendant No. 1 to 3 filed draft Notice of motion along with affidavit in support. O- Leave granted to register Notice of motion.
Adv. For deft No. 1 to 3 stated that till 29.10.2021 the defendant No. 1 to 3 will not proceed for redevelopment.
Adjd for NM reply/NM hearing to 29/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Madkaikar for plaintiff present.
Adv. M. S. Topkar For deft No. 1 to 3 present.
Adv. Harish Pawar For defendant NO. 4 to 8 present.
Adv. For deft No. 1 to 3 filed registered NM No. 2651/21. t.o.r.
Adv. For plaintiff filed affidavit in reply to Notice of motion. t.o.r.
Adv. For deft No. 1 to 3 stated that till 27/11/2021 the defendant No. 1 to 3 will not proceed for development.
Adjd for NM hearing to 27/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021
Date: 27-11-2021
Business: 27.11.2021
CORAM - H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
SU 1150/20
(Matter pertains to C.R. No.04)
Advocate Ms. Shah for plaintiff is present.
Advocate Saurabh Mahadik for defendant nos.1 to 3 is present.
Advocate Pawant Tiwari for defendant nos. 4 to 8 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 04.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Dt.04/12/2021
Suit 1150/20
NM 1638/20
NM 2651/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 1.12pm
Adv. Naresh Madkaikar for plaintiff is present.
Adv.M.S. Topkar a/w Saurabh Mandlik and Roshni Masurkar for defendant nos.1 to 3 are present.
Adv. Harish Pawar for defendant Nos. 4 to 8 is present.
Plaintiff no.1 is present.
Heard both sides advocates on notice of motion no.2651/2021.
Adv. For deft no 1 to 3 stated that till next date they will not proceed for redevelopment.
Adjd for NM order to 09/12/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Plaintiff No.1 Ghanshyam Talele present.
Adv. Saurabh Mandlik for D-1 to 3 stated that till next date they will not proceed for re-development.
Earlier order, if any, to continue till next date.
Adjd for NM order to 15/12/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Paresh Madkaikar For plaintiff present.
Adv. For defendant No. 1 to 3 present.
Adv. Pawan Tiwari For defendant No. 4 to 8 present.
Court is busy in passing judgment in suit No. 312/90 hence adjourned
Earlier order if any to continue till next date.
Adjd for NM orders to 22/12/2021
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Plaintiff No. 1 present.
Adv. Paresh Madkaikar for plaintiff present.
Adv. Nikhil Tapal h/f Adv. Harish R. Pawar For defendant No. 4 to 8 present.
Court busy in passing orders in suit no. 1505/20 and argument in NM 3410/21 in suit no. 7706/85 hence adjourned.
Earlier order if any to continue till next date.
Adjd for NM orders to 06/01/2022
Next Purpose: NM ORDERS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Declared at 3.55 pm
Adv. Minal Pawar I/b Adv. Kavisha Shah For plaintiff present.
Adv. Ms. Pavitra I/b Adv. Mr. Topkar For defendant 1 to 3 present.
FRSR the following order is passed in Notice of motion. 2651/21
ORDER
1. The Notice of Motion is allowed.
2. The plaintiffs to pay the Court Fee under Section 6(iv)(ha) of Bombay Court Fees Act on Rs.3,69,54,000/- (Rupees Three Crore, Sixty Nine Lakh, Fifty Four Thousand Only)
3. On payment of the Court Fee, the plaint be returned to the plaintiffs to file it before the appropriate Court.
4. Accordingly, the Notice of Motion is disposed of.
Adv. For plaintiff stated that the plaintiff desires to challenge the order of notice of motion therefore the execution of order be stayed for eight weeks.
He further submitted that adinterim order may be continued till next date to that adv. For defendant stated that there is no adinterim order. There is only statement of deft No. 1 to 3 that they will not proceed with redevelopment.
As plaintiff desires to challenge the order the execution is stayed for two weeks only.
Earlier order if any to continue till next date.
Matter is adjd to 18/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Paresh Madkaikar for plaintiff present.
Adv. Mr. Mandlik For defendant No. 1 to 3 present.
Adv. Harish Pawar for deft No. 4 present.
Adv. For plaintiff requested for adjournment.
Adv. For other defendants stated that they have no objection for adjournment. Adjournment granted.
Adjd for NM hearing to 22/03/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Plaintiff No 1 to 3 present.
Adv. Paresh Madkaikar for plaintiff present.
Adv. Saurabh Mandlik For defendant present.
Exh-11 Adv. For plaintiff filed an application for withdraw of suit with liberty to file fresh suit before appropriate court.
Adv. For defendant filed his reply on application itself.
Order below Exh. 11
The plaintiff no 1 to 3 are present. They does not desire to proceed with the suit. The defendants have no objection for withdrawal. Hence allowed to withdraw the suit as prayed.
ORDER below Exh.1
The plaintiff No. 1 to 3 are present before the court. Application for withdrawal of suit is filed at Exh.11 with liberty to file fresh suit before appropriate court. The adv. For defendants filed reply stating that they have no objection. The application for withdrawal is allowed. Hence suit is disposed of as withdrawn with liberty to file fresh suit provided the same is filed within limitation.
ORDER below Notice of Motion No. 1638 of 2020
The suit is withdrawn by plaintiff therefore the notice of motion will not survive hence disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-03-2022