Bharati Vibhakar Surve +2 moreVsMumbai Building Repair and Reconstruction Board +3 more

Date: 24-06-2019
Business: The court is busy in recording evidence in old matters in SU No. 11499/72 and 8477/86 and other matters on board. Hence remaining board is discharge.
Matter is adjd. to 4.10.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Vaibhav Karnik for plaintiff is present. He tendered  Draft N/M alongwith affidavit in support . t.o.r.  Leave to register is granted. Copy is served to defendant no. 1 and 2
Adv.  Sudha Gadkar  for defendant no 1 and 2  is present.
Heard argument of adv. of plaintiff.
Matter is adjd.  for compliance  to  21/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for plaintiff.
Last chance is granted to the plaintiff for service of summons.
Matter is adjd. to 26.04.2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Gaikwad for plaintiff present.
None for defendant.
Matter is adjd. to 29/10/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv. Gaikwad for plaintiff present.
None for defendants.
Matter is adjd. to 12/01/2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Hitesh h/f Adv. Hira Gummala for Plff. present and submits that the summons is served upon defendants but acknowledgment is awaited. He seeks time to file service affidavit.
Matter is adjd. to 18-06-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Adv.Hira Gummala for plaintiff present and submitted that summons were served to the defendant through registered RPID but acknowledgment not yet received. Hence seek time for service-O- Time granted.
Matter is adjd. to 02-07-2022  for  service.
Next Purpose: SERVICE
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Hitesh Gaikwad h/f Adv. Hira Gummala for plaintiff present and he filed application.TOR and marked as Exh.5 for issue fresh writ of summons through bailiff hence application is allowed.
Matter is adjd. to 19-08-2022 for  service.
Next Purpose: SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Hira Gummala for plaintiff present and filed service affidavit and submitted that has not serve to deft.no. 4, hence he is seeking time for filing service to deft.no. 4.
Adv.Mangal Kadam for defendant no. 1 and 2/MHADA present.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 15.10.2022 for WS and Service of Deft.no.4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Plaintiff No.2 present and seeking time as his advocate is not present. Time granted.
Adv. Mangal Kadam for defendant Nos. 1 and 2/MHADA present.
Matter is adjd. to 08.12.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Son of plaintiff present.
Adv. Chandramore for defendant/BMC present and seeking time to file WS. Time granted subject to limitation.
Adv. Mangal Kadam for defendant/MHADA present.
LO at 12.07 pm.
Advocate for plaintiff is absent.
Matter is adjd. to 11.01.2023 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Paintiff no.2 present.
Adv. Chandramore for defendant/BMC present.
Adv. Mangal Kadam for defendant/MHADA present.
KB for plaintiff\''s advocate.
LO at 11.43 am.
Adv. Hira Gummala for plaintiff present and filed application for re-issue the writ of summons upon deft.no.4 on new address. TOR. It is marked at Exh.6.
Considering nature of application, the application is allowed. The plaintiff to serve the Writ of summons to deft.no.4 on new address through bailiff. Plaintiff to comply.
Matter is adjourned to 03.03.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. Heera Gummala for plaintiff present and filed application under order 20 Rule 5 of CPC, TOR. It is marked at Exh.7 for substituted service upon the defendant No. 4.
Adv. Mangal Kadam for defendant No.1/MHADA present.
Adv. Chandramore for defendant/BMC present.
As Court is busy in dictating judgment in Suit No. 3450/2013 and order in Chamber Summons No. 1630/22 in Suit No. 3617/2008. Hence, Matter is adjourned to 30.03.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv. Hira Gummala for plaintiff present and submitted that writ of summons not served to defendant no. 4. Hence, seeking time to serve writ of summons to defendant No. 4. Time granted.
Adv. Mangal Kadam for defendant/MHADA present.
Adv. Khandagale for Defendant no.3/BMC present.
Matter is adjourned to 03.05.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Plaintiff Nos. 2 and 3 is present.
Adv. Mr. Hira Gummala for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No.1/MHADA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff filed affidavit in support of application under O V Rule 20 of CPC for substituted service upon defendant No. 4. TOR.
Order passed below Exhibit 07:
     	Plaintiff is allowed to serve writ of summons along-with copy of plaint by way of substituted service under O V Rule 20 of CPC upon defendant No. 4 as prayed.
	It is submitted by ld. advocate for the plaintiff that in addition plaintiff be allowed to serve defendant No. 4 by speed post. Hence, allowed as prayed.
Adjourned for compliance to 12.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Mr. Hira Gummala for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant Nos. 1 and 2/MHADA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff seeks time to file service affidavit of defendant No. 4. Time is granted.
Adv. for defendant Nos. 1 to 3 sought time to file WS. Time is granted.
Matter is adjourned to 21.11.2023 for WS/affidavit of service.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Adv. Mr. Hira Gummala for the plaintiff is present.
Adv. Ms. Mangal Kadam for defendant Nos.1 and 2 /MHADA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff filed affidavit of service upon defendant No. 4.
As per bailiff report summons is duly served upon defendant No. 4, but defendant No. 4 failed to appear. Hence, suit to proceed exparte against defendant No. 4.
Adv. for defendants sought time to file WS. Time is granted.
Matter is adjourned to 20.02.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Plaintiff no.2 and 3 is present.
Adv. Mr.Hira Gummala for plaintiff is present.
Adv. Ms.Mangal Kadam for defendant no.1 and 2/MHADA is present.
Adv. Mrs.Chandramore for defendant no.3/BMC is present.
It appears that defendant no.1 to 3 though appeared failed to file WS. Hence, suit to proceed without WS for defendant no.1 to 3.
Matter is adjourned to 30.04.2024 for Hearing without WS
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Plaintiff no.2 and 3 is present.
Adv. Mr. Hira Gummala for the plaintiff is present.
Adv. Mrs.Chandramore for defendant No.3/BMC is present.
Adv. for plaintiff filed affidavit of evidence of  PW-1 Sudhesh Vibhakar Surve (PW-2) taken on record and marked at Exh-8 he also filed compilation of documents and marked at Exh-9.O-R and R.
Matter is adjourned to 03.07.2024 for Admission and Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. Mr.Hira Gummala for the plaintiff is present.
Adv. Ms.Mangal Kadam for defendant No.1/MHADA is present.
Adv.Mr.Om Suryavanshi h/f Adv. Mr. V.G.Shinde for defendant/BMC is present.
Adv. for plaintiff filed compilation of document vide list of Exh-10.
Counsel for defendant No.1 seeks time to file reply to admissions and denials.
Matter is adjourned to 30.07.2024 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Mr.Hira Gummala for the plaintiff is present.
Adv. Ms.Mangal Kadam for defendant No.1 and 2/MHADA is present.
Adv. Mr.Rahul Rathod for defendant No.3/BMC is present.
Defendant No.1 to 3 filed the say and opposed the document.
Matter is adjourned to 22.08.2024 for filing say .
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Adv. Hira Gummala present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 08/10/24 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Son of plaintiff present for plaintiff and sought adjournment as advocate is absent today.
None present for defendants.
Matter is adjourned for Admission and denial to 25/11/24.
Later on at 12.37 pm.
Adv. Hira Gumala for plaintiff present.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned for Admission and denial to 26/11/24.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Plaintiff no. 2 present his advocate absent Hence, sought adjournment.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Advocate Rahul Rathod for defendant/BMC present.
Matter is adjourned to 21/01/25 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: Son of plaintiff present.
Adv. Ms.Mangal Kadam for defendant no. 1 and 2/MHADA present.
Adv. Shital Waghmare h/f Advocate Rahul Rathod for defendant/BMC present.
Plaintiff to remain present on the next date without fail.
Matter is adjourned to 26/03/25 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: Plaintiff no. 2 and 3 present.
Adv. Hira Gummala present for plaintiff.
Adv. Ms.Mangal Kadam for defendant no. 1 and 2/MHADA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
Adv. for plaintiff seeks time for taking steps as defendant has denied entire documents filed by plaintiff. O- Time granted as last chance.
Matter is adjourned for taking steps to 30/04/25.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Plaintiff no. 2 and 3 present and they seeks time. O- Time granted.
Adv. for plaintiff absent.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Adv. Farkanda Shaikh h/f Adv. Kapse present for defendant/State.
Matter is adjourned to 10/7/25 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: Plaintiff no. 1 and 2 present their advocate absent.
None present for defendants.
KB LO at  01.55 pm
Adv. Hira Gumala for plaintiff present and sought adjournment. O- Time granted.
Matter is adjourned for taking steps to 19-08-25.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: Plaintiff no.2 present.
None present for defendants.
Due to heavy rain Government declared holiday for government office. Hence matter is adjourned to 13.10.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: Adv. Hira Gummala present for plaintiff and tendered draft NM alongwith affidavit in support. TOR. O-Leave granted to register.
Adv. Rahul Rathod for defendant no.3/BMC present.
The Court is busy in dictating the Judgment in Suit no.2201/2010, Order in NM no.782/2025 in Suit No.6533/2024, Order in H.C.T.B. NM no.2114/2024 in Suit no.5673/2024. Therefore, Board is discharged.
Matter is adjourned to 01.12.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: Adv. Hira Gummala present for plaintiff and tendered registered NM no.5607/2025 alongwith affidavit in support. TOR. Copy served to the defendant no.3.
Adv. Rahul Rathod for defendant no.3/BMC present.
The Court is busy in hearing arguments on NM no.1055/2025 in Suit no.8527/2002 hence, Matter is adjourned to 13.01.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.3/BMC present.
The Court is busy in dictating Judgment in Suit nos.1432/2012 and  5038/2012 and in Recording evidence in NDPS Spl. Case 1444/2022. Hence, Matter is adjourned to 27.02.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Plaintiff no.2 present.
Adv. V. S. Khobragade for defendant/MHADA present.
Adv. Rahul Rathod for defendant no.3/BMC present.
KB LO at 4.30pm
Plaintiff filed application for adjournment. TOR and marked as Exh.__. O-Adjournment granted.
Matter is adjourned to 22.04.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: None present for plaintiff.
Adv. V. S. Khobragade for defendant/MHADA present.
Adv. Rahul Rathod for defendant no.3/BMC present.
The Court time is over in dictating Judgment in Suit No.174/2025 and hearing arguments on NM No.3688/2018 hence, Board is partly discharged and  Matter is adjourned to 09.09.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: Adv. Hira Gummala present for plaintiffs.
Adv. Pooja Nagarthawar for defendant no.3/BMC present.
No reply filed by the defendant nos.1 to 4 on NM 5607/2025. Heard Advocate for plaintiff. Keep the matter for order on NM.
F.R.S.R. following Order is passed
आदेश
अ. नोटीस ऑफ मोशन क्रमांक 5607/2025 मंजूर करण्यात येत आहे.
ब. प्रस्तुत नोटीस ऑफ मोशनसोबतच्या वादी क्रमांक 2 याच्या प्रतिज्ञापत्रासोबत जोडलेल्या दिनांक 16.08.2024 रोजीच्या नोटीसमधील अनु क्रमांक 1 ते 7 वरील मुळ कागदपत्रे प्रतिवादी क्रमांक 1 ते 3 यांनी या दाव्याकामी पुढील तारखेपर्यंत दाखल करावीत.
Matter is adjourned to 30.10.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2026

NOTICE OF MOTION/105607/2025

Registration Number: 101310/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103692/2019
Filing Date: 26-03-2019
First Hearing Date: 24th June 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE