Mohd Kamruddin OfficewwalaVsFaruk Mustan Officewala And Ors

Date: 08-04-2019
Business: Adv. Ms. Amirn Shaikh Present for the Plff.
Adv. Ayush Khandialwar Present for the Deft. no.6(a to d).
Adv. Nakashe Present for the Deft. no.7 (a to e) undertake to file VP.
Ld counsel for the plff filed affidavit of service of amendment plaint upon the legal heir of Deft no.6 i.e 6( a to d). t.o.r.
As per service affidavit the writ of summons came to be served by Sheriff office upon them on 06/03/2019.
LD counsel for the plff tendered Service affidavit of CS 1141/16. t.o.r.
LD counsel for the plff tendered CS 690/19 alongwith affidavit. t.o.r.
Ld counsel for the plff sought time to file service affidavit of CS 690/19. granted.
Ld counsel for the Deft no. 6(a to d) sought time to file WS. Granted as last chance.
Ld counsel for the deft no. 7( a to e) sought time to VP and reply to CS 690/19. granted.
Adj. for Service affidavit of CS 690/19 and WS of Deft no. 6(a to d) and reply of deft no.7 ( a to e) to he Cs 690/19 Hearing of NM 2687/16 on 11/06/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Matter not traceable.
Advocate Ms. Shaikh for Plaintiff present
Advocate M. Ayush Khandelval for Defendant no.6 present and submitted that Judge of CR no.20 had directed Defendant no.6 to file his Written Statement till today however Written Statement can be filed after decision of Chamber Summons no.690/19 and therefore time may be extended for filing Written Statement by Defendant no.6 till disposal of said Chamber Summons.  Plaintiffs advocate also has no objection to extend such a time for filing Written Statement by Defendant no.6.
Advocate for proposed Defendant no.7a to 7e present and submitted that proposed Defendants are intending to file reply to Chamber Summons.
Case is adjourned to 01/07/2019 for reply to Chamber Summons no.690/19.
Next Purpose: C/S REPLY
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Advocate Mr. A. M. Nathani for Plaintiff present
None present for Defendant.
Case is adjourned to 22/07/2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is busy in hearing Notice of Motion in suit no.2489/12, hence case is adjourned to 09/10/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Exh- Matter moved by preceipe.
Adv.Ameen Shaikh h/f Adv.A.M.Nathani for plaintiff present draft Chamber Summons alongwith affidavit for bring LRS of defendant.
O-Leave is granted to register the Chamber Summons.
Plaintiff tendered another draft Notice of Motion alongwith affidavit for interim relief.O-Leave is granted to register the Notice of Motion.
Draft C/S and N/M handed over to the plaintiff for registration.
Matter is adj to 09/10/19 for reply on c/s.
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Matter called out(4.04pm)
Adv.Avadhesh Nathani for plaintiffs present.
Adv.Niranjan Bhadary for defendant no.6 i/b Lodha Legal present.
Plaintiff tendered registered C/S No.1768/19.
The original plaintiff died on 05/08/2019 the applicants are his legal heirs.  Looking to the nature of suit, the right to sue survive the application is within limitation. Hence, I pass following order on Chamber Summons No.1768 of 2019
1. Chamber Summons No.1768 of 2019 is allowed in terms of prayer clause (a) and (b).
2. The applicant to carryout amendment as per schedule within 14 days.
3. Chamber Summons No.1768 of 2019 is disposed off.
Plaintiff tendered original registered Notice of Motion no.3693/19.
Copy serve to the defendant no.8 and 6. Defendant seeking time to file reply.
Defendant no.8 tendered registered Notice of Motion no.3772 of 2019. Copy serve to the plaintiff.
Plaintiff seeking time to file reply. Time granted.
In view of the fact that, original plaintiff who was senior citizen has expired and matter pertains to MHADA put the matter before registrar for allocating the matter before proper court.
Adv.Mrs.V.S.Prabhu for def. no.8 (MHADA )filed VP.
Exh-32.T.O.R.
Matter is adj to 02/11/19 for compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Newly assigned
Mentioned by preciepe.
Adv. Prabhu for MHADA Defendant no. 8 present.
Adv. D. M. Trivedi with Nathani for applicant in Ch/s present.
Adv. Mr. Bhadang for Defendant-6 present.
Adv. Nakashe for the Deft. no.7  present.
 Reply to N/M. 3772/19 tendered by Defendant no. 6. t.o.r.
From reply tendered by Defendant no. 6, it appears that Defendant no. 6 has given its irrevocable consent to MHADA to take necessary steps in-accordance with law to demolish the said building. In furtherance of MHADA notice to prevent and eliminate threat to people and property in the said area vide letter dtd 27.09.2019. Further Defendant no. 6 has specifically mentioned in reply that it would be in interest of persons living near the said building that the said building should be demolished, otherwise any untoward incident can happen for which Trust shall not be liable in any manner. Thus it appears that Defendant no. 6 has given no objection for allowing N/M No. 3772/19.
Original Plaintiff is no more. As original Plaintiff had taken out this Ch/s, hence Ch/s no. 690/19 stands disposed of.
Already Matter is adjd. to 2.11.2019
Nature Of Disposal: OTHERWISE
Disposal Date: 14-10-2019

Main Case No: SUIT/0102144/2010
Main Cnr: MHCC010026842010
Main Filing No: 111447

Registration Number: 100690/2019
Transfer Date: 29-05-2019
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100690/2019
Transfer Date: 09-10-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100690/2019
Transfer Date: 14-10-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 103801/2019
Filing Date: 28-03-2019
First Hearing Date: 08th April 2019
Decision Date: 14th October 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE