Date: 30-07-2018
Business: None present for plaintiff.
Advocate Mr. Sutar for deft./MMC present.
Plaintiff is directed to serve writ of summons and filed affidavit of service on next date.
Adjourned for writ of summons to 25.09.2018.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Advocate for plaintiff present and requested for short adjournment.
Advocate Mrs. Dhuri for deft./MMC present.
Adjourned for Writ of summons to 20.12.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Advocate for plaintiff present and filed writ of summons.
Advocate Ms. Sarika Mhatre for defendant no. 1 is present and filed Vakalatnama at Exh.2.
Advocate Mr. Giri for deft./MMC present.
Adjourned for filing W.S. to 05.02.2019.
Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Advocate for plaintiff present and filed affidavit of service.
None present for defendant no.1.
Advocate Mr. Giri for deft./MMC present.
Defendants failed to file W.S. Hence, suit to proceed without W.S. of defendant.
Adjourned for filing evidence of plaintiff to 05.03.2019.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Advocate for plaintiff present.
Advocate Ms. Sarika Mhatre for defendant no. 1 is present and filed draft NM a/w W.S and list of documents. Leave is granted to register the NM.
Advocate Mr. Giri for deft./MMC present.
Adjourned for reply to NM to 30.04.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Advocate for plaintiff present.
Defendant no. 1 present and filed registered NM No.1098/19.
Advocate Mrs. Meena Dhuri for deft./MMC present.
Adjourned for reply/hearing on NM to 06.07.2019.
Judge
Next Purpose: REPLY
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: Advocate for plaintiff is present.
Advocate Mrs. Dhuri for defendant/BMC present.
Advocate for defendant no. 1 present with defendant.
Adjourned for reply/NM hearing to 08.08.2019.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Advocate Jayashree Randhaye for plaintiff/applicant is present and filed Vakalatnama at Exh. 03.
Advocate Mr. Dhumale for defendant/BMC present and given reply on draft chamber summons itself.
Heard arguments of both the sides on Draft C/S.
F.R.S.R. the following order is passed on Draft C/S
ORDER
1. Draft Chamber Summons is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to carry
out proposed amendment within stipulated period.
3. Draft Chamber Summons is disposed off accordingly and it
be registered for statistical purpose.
Adjourned for compliance to 07.11.2019.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Advocate for plaintiff present and filed application for production of original power of attorney T.O.R.
Defendant no.1 present.
Advocate Ms.Vyavahare for defendant/BMC is present
Adjourned for compliance to 19/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Advocate for plaintiff present and filed affidavit of service. T.O.R.
Advocate Mr. Sutar for defendant/BMC is present.
Advocate for defendant no. 3 present with defendant no.3.
Adjourned for NM hearing to 10.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2020
Date: 10-03-2020
Business: As per holiday matter adjourned to 11/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Advocate for Plaintiff present.
Advocate for defendant no. 1 absent.
H/d Advocate Kumawat for deft no. 2 to 4/BMC absent.
Adjourned for N/M Hearing to 25/06/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Advocate for plaintiff absent.
Advocate for defendant/BMC present.
Adjourned for NM Hearing to 01-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None present for plaintiff.
Advocate for deft/BMC present.
Adjourned for NM Hearing to 01.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant No. 2 to 4/BMC present.
Adjd for N/M Hearing to 25.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant No. 2 to 4/BMC present.
Adjd for NM Hearing to 10.02.2022
L.O. 3.27pm
Advocate for defendant No. 1 present.
Adjd for NM Hearing to 10.02.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office Order No. 23/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for NM Hearing to 26.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff
Defendant No. 1 present and his Advocate is absent.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to 04.08.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: None present for plaintiff.
Defendant No. 1 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to 03.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for NM Hearing to 09.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: None present for plaintiff
Defendant No .1 present
Advocate Smt. Meena Dhuri for defendant No .2 to 4/BMC present. Suit is fixed for necessary order.
Adjd for Necessary order to 11.07.2023
Next Purpose: ORDER
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Advocate Pratibha Dhamapurkar for plaintiff present and filed application for removed the caption for order at Exh. 4. O – Other side to say.
Advocate Smt. Meena Dhuri for defendant no. 2 to 4/BMC present.
None present for defendant no. 1.
BMC/defendant no. 2 to 4 filed reply on Exh. 4 adjourned for say of defendant no. 1.
Defendant is directed to file reply on next date positively.
Matter adjourned for Say to 10.08.2023.
Next Purpose: FILING SAY
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Defendant no. 1 present and sought adjournment to file reply on Exh. 2.
As per the request of defendant no. 1, adjournment granted as a last chance.
Matter adjourned for filling reply and hearing to 26-10-23.
Next Purpose: FILING SAY
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
Adv. Shantanu Latpate filed VP o/b Def No. 1 at Exh. 5.
Def. No. 1 filed reply at Exh. 6. O- filed
Advocate Meena Dhuri present for defendant/BMC and filed Draft NM O- leave granted to register and also filed affidavit in support of Draft NM.
Def. BMC has served copy of NM to plaintiff.
Matter adjourned for reply on Draft NM and hearing on Exh. 4 and 6 to 20/02/2024.
Next Purpose: REPLY
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Advocate Pratibha Dhamapurkar present for plaintiff and filed reply to NM No. 755 of 2024 of defendant BMC. Copy served.
Advocate Meena Dhuri present for defendant/BMC no. 2 to 4 and filed registered NM no. 755 of 2024.
Adv. Shantanu Latpate for defendant no. 1 present.
Application at Exh. 4 is not press by adv. for plaintiff hence application is filed on record and disposed off accordingly.
Heard arguments on both side on NM No. 1098 of 2019 and NM No. 755 of 2024.
F.R.S.R. the following order is passed below NM No. 1098 of 2019
ORDER
1. Notice of motion No.1098/2019 is made absolute in terms of prayer clause a.
2. Both the parties to take note of this order.
3. Cost in cause.
4.Notice of motion No.1098/2019 is disposed off.
F.R.S.R. the following order is passed below NM No. 755 of 2024
ORDER
1. Notice of motion No.755 of 2024 is made absolute in terms of prayer clause a and b subject to costs of Rs.1000 payable to plaintiff.
2. Upon payment of cost of Rs.1000 by defendant Nos. 2 to 4 to plaintiff written statement of defendant Nos. 2 to 4 be taken on record.
3. Both the parties to take note of this order.
4. Cost in cause.
5. Notice of motion No.755/2024 is disposed off.
Matter adjourned for NM hearing to 25.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2024
Date: 25-06-2024
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
Advocate Jyoti Mhatre present for defendant/BMC 2 to 4 and paid the cost to the Adv. for Plaintiff. Adv. for Plaintiff received cost of Plaintiff.
Officer Shri Vikas Ramchandra Patil, Estate Officer, F-South present.
Adv. Latpate for Def No. 1 present.
Written Statement of Def. No. 1 T.O.R. and marked at Exh. 5
O- Read and Recorded. Copy served.
Written Statement of Def. No. 2 to 4 T.O.R. and marked at Exh. 6
O- Read and Recorded. Copy served.
Issues framed Exh. 7.
Matter adjourned for filing evidence of Plaintiff/RE to 13/08/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: None present for plaintiff.
Advocate Jyoti Mhatre present for defendant/BMC no. 2 and 3.
Adv. Shantanu Latpate for defendant no. 1 present.
Matter adjourned for filing evidence of plaintiff /RE to 17.12.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: Advocate Pratibha Dhamapurkar present for plaintiff and filed adjournment application. TOR and Exh. 8. O - adjournment granted for today only.
Advocate Jyoti Mhatre present for defendant/BMC.
Adv. Shantanu Latpate for defendant no. 1 present.
Plaintiff requested to kept the matter on 01st March, 2025. Defendant orally concerted for the same.
Matter adjourned for filing evidence of plaintiff / RE to 01.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Advocate Pratibha Dhamapurkar present for plaintiff and filed affidavit of examination in chief of PW1- Mr. Kevin M D’Souza TAOR and marked as Exh.9O- Seen. Copy served on other side.
Compilation of documents Exh. 10. O- Other side to say. Copy served on other side.
Advocate Neeta Jadhav present for defendant/BMC.
Adv. Shantanu Latpate for defendant no. 1 present.
Plaintiff present.
Matter adjourned for reply of compilation/R/E to 17-06-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2025
Date: 17-06-2025
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
Advocate Sachin Vajale present for defendant/BMC.
Matter adjourned for say on compilation /RE to 02.08.2025.
Later on
Adv. Santanu Latpate for defendant no. 1 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
None present for defendant/BMC.
None present for defendant no. 1 to 4.
Matter adjourned for reply on compilation /RE to 09.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025
Date: 09-10-2025
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Shantanu Latpate for defendant no. 1 present and sought adjournment to file say to the compilation of the document filed by the plaintiff. O- Granted.
Matter adjourned for say on compilation/RE to 16.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2025
Date: 16-12-2025
Business: Advocate Pratibha Dhamapurkar present for plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and filed say to the compilation of document.
Matter adjourned for hearing on compilation /RE to 05.02.2026.
Later on
Adv. Shantanu Latpate for defendant no. 1 present and seeks time for filing say of compilation. O - Granted.
Matter adjourned for say/ hearing on compilation /RE to 05.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2026
Date: 05-02-2026
Business: Plaintiff present, Advocate Pratibha Dhamapurkar present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Shantanu Latpate for defendant no. 1 present and filed reply on the compilation of document filed by the plaintiff. TOR and marked as Exhibit 11. Copy served.
Matter adjourned for hearing on compilation/RE to 10.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff and seeks time. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
None present for other defendants.
Matter adjourned for hearing on compilation/RE to 23.04.2026.
Later on
Adv. Shantanu Latpate for defendant no. 1 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff and filed application for production of document. TOR and marked as Exhibit 12. O - Production is allowed.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for hearing on compilation of documents/RE to 30.06.2026.
Later on at 12.40 pm
Adv. Shantanu Latpate for defendant No. 1 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2026
Date: 30-06-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff and seeks time. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for recording evidence to 27.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC.
Heard Ld. Advocate for the plaintiff and Ld. advocate for defendant / BMC.
Ld. Advocate for defendant No.1 absent.
Read the say filed on record. Plaintiff has filed documents as per list- Exhibit- 10.
List of document is marked as Exhibit-13.
The document at Sr. No.1 is marked as Exhibit- 14.
The document filed vide list Exhibit- 13 is marked as Exhibit-15.
The plaintiff to prove document at Sr. No.3 i.e. Will dated 12.07.2004 as per law. The office copy of the letter at Sr. No.4 is marked as Exhibit-16.
Postal Receipts at Sr. No.5 are collectively marked as Exhibit-17.
Acknowledgment of receipts at Sr. No.6 are collectively marked as Exhibit-18.
Office copy of the letter at Sr. No.7 is marked as Exhibit-19.
The document at Sr. No.8 is marked as Exhibit-20.
Ld. Advocate for the plaintiff submitted that the document filed at Sr. Nos.8 and 9 would be proved by them by calling concern witness. Document at Sr. No.10 being photocopy is not taken into consideration. Document at Sr. No.11 are collectively marked as Exhibit-21.
Document at Sr. No.12 being office copy is marked as Exhibit-22.
Document at Sr. No.13 is the letter received by the plaintiff is marked as Exhibit-23.
From the bunch of documents filed at Sr. No.14 only original letter dated 12.07.2019 and 06.08.2019 issued to the plaintiff by the Secretary Consumer Grievance Redressal Forum are collectively marked as Exhibit-24.
Document at Sr. No.15 is collectively marked as Exhibit-25.
Document at Sr. No.16 is marked as Exhibit-26.
Exhibit-27 Advocate for plaintiff filed application for permission to record examination-in-chief of witness Kevin DSouza and cross-examination through video conferencing from the New York, United States.
O- Other side to say.
Parties to take note.
Matter adjourned for recording evidence to 29.08.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2026
Date: 29-08-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff.
Advocate Amar Patil h/f Adv. Kamini Pagare present for defendant/BMC.
Adv. Shantanu Latpate for defendant No. 1 present.
Chief examination and cross-examination of PW-1 is commenced and deferred till next date.
As per the convenience of the plaintiff and his advocate date is given.
Matter adjourned for recording evidence to 03.09.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: Advocate Pratibha Dhamapurkar present for the plaintiff.
Advocate Kamini Pagare present for defendant no. 2 to 4/BMC.
Adv. Shantanu Latpate for defendant No. 1 present.
Cross-examination of PW-1 Mr. Kevin M DSouza completed on behalf of defendant No. 2 to 4.
Matter adjourned for recording evidence to 22.10.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-10-2026