Date: 05-01-2021
Business: None for plaintiff.
Adv. Joseph for defendant no.1 present.
Matter stands Adj for Reply on 29.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021
Date: 05-01-2021
Business: None for plaintiff.
Adv. Joseph for defendant no.1 present.
Matter stands Adj for Reply on 29.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. M. K. Tanna for plff present.
Chaco Joseph for Deft no. 1 present.
He filed reply to NM No. 1769/20.
He is directed to serve copy of reply to other side.
Time extended for service of writ of summons.
Adjd. to 26.02.2021 for NM reply
Next Purpose: REPLY
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. for plaintiff absent.
Adv. Chaco Joseph for defendant No. 1 and 2 present.
He filed Vakalatnama for defendant No. 2
He filed pursis stating that defendant No. 2 is adopting reply of defendant No. 1.
Matter stands Adj to 09/04/2021 for Hearing on NM
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 26-02-2021
Business: Adv. for plaintiff absent.
Adv. Chaco Joseph for defendant No. 1 and 2 present.
He filed Vakalatnama for defendant No. 2
He filed pursis stating that defendant No. 2 is adopting reply of defendant No. 1.
Matter stands Adj to 09/04/2021 for Hearing on NM
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv Chako Joseph for deft present.
Matter stands Adj for NM Hearing to 16/06/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Due to Covid-19, matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Tanna for plff present.
He seeks time to file rejoinder. Granted.
Adv Choko Joseph for deft present.
Exh 06 - He filed application for recalling order dated 02/11/2020. t.o.r.
Matter stands Adj for Reply on Exh. 06 and NM Hearing to 17/11/2021.
Next Purpose: REPLY
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv Tanna for plff present.
He filed rejoinder to reply of deft. t.o.r.
He also filed reply to application dated 17/09/2021 (Exh. 06 for recalling of order dated 02/11/2020).
Adv Chirag Unatkar @ Chako Joseph for defts present.
Heard Adv for both parties on Exh. 06. It is for recalling the interim order dated 02/11/2020 by which interim relief was granted in terms of prayer clause (a) and (b). Adv for defts submitted that he has not made a statement that deft no. 1 would not demolish the building and he has made a statement only that he would not create third party interest. However from the perusal of roznama dated 02/11/2020, It appears that Adv for deft no. 1 had made a statement that deft no. 1 would not demolish the building and would not create third party interest. Hence application (Exh. 06) is rejected. Defts can argue the NM on merits.
Adv for plff seeks time for NM Hearing. Granted as last chance.
Matter stands Adj for NM Hearing to 20/01/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: None for plff.
Adv H. Rehman appeared for defts.
Exh 07 - He filed VP for defts. t.o.r.
He also filed additional affidavit of defts in support of reply to NM of plff. t.o.r.
He submitted that he served copy of additional affidavit on Adv for plff on 18/01/2022 by hand delivery and by G-mail.
He is directed to file affidavit of service of additional affidavit on the plff.
As none appeared for plff, as per SOP, matter stands Adj for Affidavit of Service and NM Hearing to 01/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Due to Covid-19 matter is adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv Tanna for plff present.
He filed additional affidavit in support of NM. t.o.r. Copy given to Adv for defts.
Adv Vaibhav Sukhadare for deft no. 1 and 2 present.
He also filed affidavit of service of NM on Adv for plff. t.o.r.
With consent of Adv for both parties, matter stands Adj for NM Hearing to 17/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Dalal with Tanna for plaintiff present.
Adv. Vaibhav Sukhdare with H. Rehman for defendant no. 1 and 2 present.
Heard advocate for both parties on NM.
Matter stands Adj for order to 04/03/2022.
Next Purpose: ORDER
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Tanna for plff present.
Adv H. Rehman for deft present.
PO is busy in dictating order in NM 359/2022.
Hence matter stands Adj for NM Order to 11/03/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: None present for Plaintiff.
Adv. H. Rehman for defendant present.
As court is busy in dictating order in N.M. and adoption matters. Hence, Adjd to 19/03/2022 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 19-03-2022
Date: 11-03-2022
Business: None present for Plaintiff.
Adv. H. Rehman for defendant present.
As court is busy in dictating order in N.M. and adoption matters. Hence, Adjd to 19/03/2022 for Order
Next Purpose: NM ORDERS
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. H. Rehman for defendant present.
Matter stands Adj for n/m order to 29.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv M. K. Tanna for plff present.
Adv H. Rehman for deft present.
PO is busy in dictating Judgment in SU 705/2013.
Hence for want of time, matter stands Adj for NM Order 06/04/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv Tanna for plff present.
Adv H. Rehman for deft present.
For want of time, matter stands Adj for NM Order to 07/04/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv Tanna for plff present.
Adv H. Rehman for deft present.
PO is busy in dictating order in Adoption Petition 44/2022 and CS 245/2019 in SU 215/2015.
For want of time, matter stands Adj for NM Order to 11/04/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Dalal for plff present.
Adv H. Rehman for deft present.
F. R. S. R. following order is passed -
Order
1. Notice of motion no.1769 of 2020 is partly allowed as under -
\''Defendant no.1 is restrained by way of temporary injunction from putting of any further amended plans with the Municipal Authority for demolishing of any part of A and B Wing of the plaintiff Society building till decision of the suit.\''
2. Rest of the prayers in notice of motion are rejected.
3. No order as to costs.
At the request of Adv for plff, statement of Adv for deft no. 1 made on 02/11/2020 (not to create third party interest) is continued till expiry of appeal period of present order.
Matter stands Adj for Draft Issues to 02/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: P.O. IS ON LEAVE, MATTER IS ADJD TO
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Both parties and their advocates are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 26/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: As per office order 229 of 2022 dated 31.10.2022, court functioning on 10.12.2022 instead of 26.11.2022 in lieu of special holiday enjoyed on 03.09.2022 on a/c of Ganesh Festival. Hence matter is taken on today''s board and adjourned to 10.12.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 02/03/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: None for plaintiff present.
Adv. Patil for defendant present.
He seek time to file draft issue. Time granted.
Matter adjourned for draft issue to 23/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Mr. Tanna for plaintiff present.
Adv. Mr. Kharawala appear for all defendant and filed vakalatnama TOR and marked as Exh-8.
It appears that there is chance of settlement hence, matter is referred for mediation. Both parties are directed to appear before mediation centre on 05.07.2023.
Matter adjourned for Mediation Report on 27.07.2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Advocate Ms. Ankita Mohite for defendant present.
Representative of Plaintiff present.
Matter adjourned for Mediation Report on 30.08.2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Both parties and advocate absent.
L.O. at 12.15 P.M.
Advocate Mr. M.K. Tanna for plaintiff present.
Matter adjourned for Mediation Report on 10.10.2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Advocate Mr. Tanna for plaintiff present.
Defendant and advocate absent.
Mediation Report received and marked as Exh-9. Mediation failed.
Later on at 12.10 P.M.
Advocate Mr. Kezer Kharawala for defendant present.
Matter adjourned for draft issues on 30.11.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Both parties and advocate absent.
Later on at 11.50 A.M.
Advocate Mr. Tanna for plaintiff present.
Matter adjourned for Draft issues on 30.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: P. O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Both parties and advocate absent.
Matter adjourned for draft issues on 27.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Advocate Mr. Khanna for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for draft issues on 22.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Advocate Mr. M.K. Tanna for plaintiff present and seeks time for settlement. O- Granted.
Defendant and advocate absent.
Matter is adjourned for Settlement on 08.01.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: Advocate Vishal Tanna h.f. Maulik Tanna for plaintiff present and submitted that they seeks time as there is a possibility of settlement in this matter.
Defendant and advocate absent.
Matter is adjourned for Settlement on 25.04.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: Both parties and advocate absent.
Matter is adjourned for Settlement on 18.09.2025.
Later on at 1.00 P.M.
Advocate Krupesh Bhosle h.f Maulik Tanna for plaintiff present.
Matter is adjourned for Settlement on 18.09.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-09-2025
Date: 18-09-2025
Business: Court is on Vacant.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-11-2025
Date: 17-11-2025
Business: None present for the parties.
It appears that matter is not settled, hence matter is fixed for draft issues.
Matter adjourned to 12.01.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-01-2026
Date: 12-01-2026
Business: Advocate Maulik Tanna a/w Advocate Krupesh Bhosle for plaintiff is present. He filed application alongwith order of the Honble High Court with prayer to permit him to file the same on record. TOR and marked as Exhibit-10. O- allowed.
None present for defendant.
Matter adjourned to 30.01.2026 for Settlement.
(NOT ON BOARD - TAKEN ON BOARD)
Writ received from Honble Bombay High Court bearing their O/W no. D.D.(AO) No. C0728605/2025 dated 20.12.2025 and bearing this office I/W No. 528 dated 08.01.2026 alongwith the copy of Consent term and alongwith the copy of order dated 02.12.2025 (Coram - Firdosh P. Pooniwalla, J)
P.C. -
1. The learned counsel for the parties tender Consent Terms dated 1st December, 2025, which have been signed by all the parties, and request the Court to take these Consent Terms on record. The parties who have signed the Consent Terms are present in Court.
2. The Consent Terms are taken on record and marked X for identification. Writ Petition No. 286 of 2020 and Appeal from Order No. 451 of 2022 are disposed of in terms of these Consent Terms which are taken on record and marked X.
3. Undertakings furnished in the Consent Terms shall be treated as undertakings given to the Court.
4. In the light of the disposal of the Writ Petition and the Appeal from Order, any pending Interim Application is also rendered infructuous and is disposed of as such.
5. The original Consent Terms will be kept in the record of Writ Petition No. 286 of 2020 and a copy of the Consent Terms will be kept in the record of Appeal from Order No. 451 of 2022.
Matter adjourned to 12.01.2026 for draft issues.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-01-2026
Date: 30-01-2026
Business: Advocate Maulik K. Tanna for plaintiff is present. He submitted that matter is settled between the parties before the Honble High Court. The settlement terms and order of the Honble High Court in W.P. No. 286/2020 dated 02.12.2025 are placed on record.
Defendant no. 1(iv) namely Sahil Prakash Gidwani present.
Kept back
Later on at 1.40 P.M.
In view of the consent terms recorded before the Honble High Court in Appeal from Order No. 451 of 2022, both parties arrived at amicable settlement. Both parties have already placed on record certified copy of consent terms and order of the Honble High Court in W.P. no. 286/2020 dated 02.12.2025. Today, advocate Maulik K. Tanna for plaintiff and
Defendant no. 1(iv) namely Sahil Prakash Gidwani appeared before the Court and submitted to pass decree in terms of consent terms placed on record.
The Certified copy of Consent Terms is marked as Exhibit-11.
Hence the following order is passed-
ORDER
1. The suit is decreed in terms of the Consent Terms recorded before the Honble High Court and its certified copy placed on record at Exhibit-11, which shall form part of the decree.
2. No order as to costs.
3. The Court fees be refunded as per rules.
4. Decree be drawn accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 30-01-2026