Date: 20-04-2019
Business: Adv Mr. Pratap Singh for plaintiff is present
he filed draft N/m alongwith affidavit in support .
Adv Ms. Vyavhare for defendant is present.
Leave is granted to register N/m
Returnable till next date.
Deft no. 1 in person/ CA of deft no. 2 and 3 present
defendant no. 2 is present.
deft no. 1 filed reply, t.o.r and served copy to advocate for plaintiff and MCGM
Adjd to 28/06/2019 for N/m hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Adv. Pal for plaintiff present.
Def. no. 1 in person present and appearing for def. no. 2 and 3 as C. A.
Adv. Ms. Patil h/f Adv. Khandagle for MCGM/Defendant 5 present.
Kept back.
L.O. at 4.40 p.m. Adv. Pratap Singh for plaintiff present.
On oral request of ld adv for def. 5, adjournment granted.
Adjd to 10.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Adv. Pratap Singh for plaintiff present.
Adv. Khandagle for MCGM/Deft. 4 to 6 present.
Def. no. 1 in person and appearing for def. no. 2 and 3 as C. A.
On oral request of ld adv for plff, adjournment granted as a last chance.
Adjd to 23.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Nitin Barole for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft no. 4 to 6/MCGM present.
None for defendant no. 1 to 3.
K.B.
L.O. 04 45 pm.
Adv. Pratap Singh with Adv. Nitin Barole for plaintiff present.
Defendant no. 1 in person and appearing for defendant no.2 and 3 as C.A., present and tendered application for production of copy of compilation of Writ petition no. 2190/2015. O- production is allowed.
Copy of compilation is served to Adv. for plaintiff and defendant no. 4 to 6/MCGM.
On oral request of Adv. for defendant no. 4 to 6/MCGM, adjd. is granted to file reply to NM.
Plaintiff is directed to register the NM on or before next date.
Adjd to 06/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Pal for plaintiff present and tendered original register N/M No. 4106/19.
Adv. Mrs. D.D. Patil for Defts. no. 4,5 and 6/MCGM present.
Deft. no. 1 is present and tendered additional reply to N/M
Copies served to other side.
Deft. no. 1 and 2 in person present.
Deft. no. 3 is represented by deft. no. 1.
On oral request of advocate for Defendant no. 4,5 and 6 adjournment granted
Adjd to 15-01-2020 for N/M Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Pratap Singh for plaintiff.
Defendant No.1 in person present and appearing for Defendant No. 2 and 3 as C.A. present and tendered application Exh-3.
Adv. Khandagle for MCGM/Deft.4,5,6 present.
Heard Learned advocate Shri Khandagale for MCGM.
The roznama reveals that since long NM is pending for reply by the defendant 4 to 6. No reply order to NM is passed against defendant No. 4 to 6 .
Copy of SLP No. 37676/19 is filed by defendant Nos. 1 to 3 along with application. Exh-3
Adjd to 10.02.2020 for NM hearing.
L.O. at 5.45pm
Adv. Pratap Sing for plaintiff present.
Defendant No.1 in person present and appearing for Defendant No. 2 and 3 as C.A. present
By consent adjd to 21.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv.Pratap Singh for plaintiff present and received copy of Exh-4.
Adv. Khandagle for MCGM/Deft.No.4,5 and 6 present.
Defendant No.1 Damyanti has submitted that there is stay order by Hon\''ble Supreme Court on 22.10.2019 she ahs filed copy of order 06.11.2019 this is order by special leave petition diary no.37676/19 were there lordship is pleased to pass order No demolition order will be passed or acted upon in the mean while. Subsequently the order dtd.10.01.2019 transpires the interim order continued till
Now the matter is listed for 3/3 as per defendant No.1. Hence it is requested for adjournment of end of March or first week of April
Today the compilation of documents filed at Exh-4 by defendant No.1 in person.
Copy served to defendant/ MCGM.
Matter adjd to 07.04.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: None for Plaintiff.
Defendant No.1 in person present and appearing for Defendant No.2 and 3 as C.A. present.
Adv. Khandagle for Defendant No. 4,5,6/MCGM present.
Heard Smt. Damayanti Defendant No.1 in person. She has submitted that the matter SLP NO. 37676 of 2019 is pending before the Hon\''ble Supreme Court. She has filed the copy of SLP (Civil) Diary No. 37676 of 2019 which transpires that the interim order to continue in the mean time. The matter stands adjourned to 28/01/2020. It is further submitted that due to pandemic situation, the matter could not reach in Hon\''ble Supreme Court.
It is informed by Defendant No.1 that in inadvertently on roznama dtd. 21.02.2020 date was mentioned 10.01.2019 instead of 10.12.2019.
Therefore the date is corrected in roznama dtd. 21.02.2020.
The corrections are follows -
Subsequently the order dtd. 10.12.2019 transpires the interim order continue in the meantime.
It is informed to the Defendant No.1 that the matter was kept for N/m hearing and not for Suit hearing. As per SOP Covid-19 only urgent matters shown on Moderate Board. She has satisfied with her query.
Defendant No. 1 tendered Written Argument to Notice of Motion No. 4106/19 as well as L.C. Suit No. 927/19, t.o.r. and marked as Exh.5. Copy thereof is served to Defendant No. 4,5,6/MCGM.
Defendant No.1 is directed to serve the copy of Written Argument to plaintiff.
Defendant No. 1 undertake to serve the copy of Written Argument the plaintiffs and their advocate.
At the request of Defendant No.1.
Authenticated copies be given to the both parties.
Matter adjd. to 21/12/2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Pal for plaintiff present.
Deft no.1 in person present and appearing for deft no.2 and 3 as
C. A. present.
Adv. Khandagle for deft no. 4 to 6/MCGM present.
By Consent of both the parties, matter is adjd to 27/01/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present.
Adv. Khandagle for deft no. 4 to 6/MCGM present.
Deft no.1 tendered written points in NM No.4106/19. TOR.
Copy is served to plaintiff and deft no. 4 to 6 deft/MCGM.
Heard deft no.1 in person considerable at length.
It is submitted by party in person Smt. Pujara the status-quo order passed by Hon\''ble High Court dt. 19.12.2013 reflex order all parties to maintain status quo till pending appeal. By this order civil application No.1745 of 2012 filed in FA No. 813 of 2012.
The stay order has been made absolute on 12.02.2014, this Civil Application is removed from the board. The MCGM without vacating the status quo order of Hon\''ble High Court has issued notice u/s 354 of MCGM Act violating Writ Petition (L) filed by MCGM No. 1135 of 2014 passed on 23.06.2014 as per para 9 (m). Deft no. 1 to 3 has filed Writ Petition No.2190 of 2015 on 25.02.2015 before Hon\''ble High Court. At present the diary no. 37676 is filed on 17.10.2019 challenging by order of dismissal of writ petition no. 2190 of 2015 on 16.10.2019. The status quo order dt.19.12.2013 is still pending as on today.
I direct plaintiff to proceed with the Notice of Motion no. 4106 of 2019 on merit without fail.
Authenticated copies be given to the both parties.
Matter adjd to 01/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: NOB TOB (Precipe mentioned by deft no.1).
None for plaintiff.(though served)
Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present and tendered affidavit of service. TOR and marked at Exh.7.
None for deft no. 4 to 6/MCGM (M-West Ward) though served.
Mail sent by deft no. 1 and CA of deft no. 2 and 3 to Advocate Mr. Nitin P. Borale for plaintiff on 01.02.2021. Copy of this e-mail sent to office of this court for information received today bearing
this office Inward No. 1301/2021 dt. 01.02.2021. TOR.
Heard deft no.1 in person on Exh.7.KB
Later On. At 3.00 PM.
Order on Exh.7- It is request of party in person Smt. Damyanti R. Pujara i.e deft no.1 in person and C. A. of deft no.2 and 3 to add certain important things in the roznama. As there is none present for deft no.4 to 6 and plaintiff. It seems that they don\''t have any objections to add paragraph no. 6 to 8 of Exh.7 as desire by deft no.1. Accordingly, paragraph no. 6 to 8 as follows would be part of roznama of, which some part was recorded earlier on 27.01.2021. This paragraph no. 6 to 8 would be continue as follows. 6. The precipe dtd. 30th January 2021 is my third time seeking proper recording of my submissions of 27.01.2021 (Court dated) and my argument made in presence of Adv Khandagle and Adv Shailesh Pal (deputed by Plaintiff Advocate), especially the omission of two Bombay High Court status-quo orders dtd. 25th February 2015 and 8th June 2015 (both orders in WP 2190 of 2015) providing interim protections to def 1-3 which have been fraudulently suppressed by plaintiff at time of filing Suit and NM in March/April 2019. This has been part of Deft no.1-3 submissions from very first hearing of 20th April 2019 and is even part of the deft 1-3\''s NM affidavit-reply dtd. 20th April 2019. 7. It was the def 1-3\''s express submission and even part of the Court requested short argument in writing submitted by def 1-3 that plaintiff\''s such conduct of fraudulent suppression of status- quo orders dtd 19.12.2013 and 12.02.2014 (in Civil Application 1745 of 2012 in First Appeal 813 of 2012 before the Hon\''ble Bombay High Court) and 25.02.2015 and 8.6.2015 (in Writ petition no 2190 of 2015 before the Hon\''ble Bombay High Court) in the Suit and NM filed in March/April 2019 when all these status -quo orders of Hon\''ble Bombay High Court were applicable on Plaintiff-society, not just disentitles Plaintiff society to any reliefs from this Court but amounts to Plaintiff abusing processes of the Court and misusing this Judicial forum of City Civil Court as an engine of fraud and Contempt by attempting to extract reliefs/orders that are violative of High Court\''s status-quo orders (which orders they have suppressed in the Suit and NM).8. Thus, in view of above paragraphs, we say that Roznama dtd 27.01.2021 ought to be rectified/completed properly in Suit 927/2019 and same submissions of def 1-3 also to be recorded in Roznama dtd 27.01.2021 of NM 4106/2019.
The defendant no. 1 also place reliance on the Judgment of Hon\''ble Supreme Court, K.D Sharma Vs Steel Authority of India Limited and Ors, in Civil Appeal No. 4270 of 2008, Coram- C.K.Thakkar and D.K. Jain,JJ. dt. 9 July, 2008 with specifically paragraph no. 39 of above citation.An applicant who does not come with candid facts and clean breast cannot hold a writ of the court with soiled hands. Suppression or concealment of material facts is not an advocacy. It is a jugglery, manipulation, manoeuvring or misrepresentation, which has no place in equitable and prerogative jurisdiction. If the applicant does not disclose all the material facts fairly and truly but states them in a distorted manner and misleads the court, the court has inherent power in order to protect itself and to prevent an abuse of its process to discharge the rule nisi and refuse to proceed further with the examination of the case on merits. If the court does not reject the petition on that ground, the court would be failing in its duty. In fact, such an applicant requires to be dealt with for contempt of Court for abusing the process of the Court.
Thus, the roznama is added as above.
Matter is already adjd to 01/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: None for plaintiff.
Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present.
Adv. Khandagle for deft no. 4 to 6/MCGM present.
Plaintiff is not present. Smt. Pujara submitted that she will file complaint in Hon''ble Bombay High Court if the matter is not heard today. She was insisting in a large voice to dismiss Notice of Motion No.4106/19 filed by plaintiff. I requested her that there are specific directions of Hon''ble Principal Judge, City Civil and Sessions Court, Gr. Bombay for not to pass any adverse order in any matter. She asked me to give copy of order given by Hon''ble Principal Judge. I replied that it is message to all Judges on What''s app as per the request of the President of Bar for not to make any adverse order as litigants and lawyers find it difficult to appear on Court dates due to rising case of Covid-19 in the State of Maharashtra and especially in Mumbai.
Party in person Smt. Pujara is not ready to listen. She took her phone in front of me and called someone. I asked her to go outside and speak on phone rather in Court.
On every date, she is not in a mood to listen other side or anyone and dictating Court to do as per her wish. On last date, on her wish the roznama was corrected and copy supplied to her. Today considering pandemic situation, despite of request she was not understanding the request of this Court and was not ready to take next adjournment date. Advocate Khandagale for MCGM also tried convenience her but she is reluctant. Subsequently after request, now she is ready for adjournment of 10th March,2021 for NM Hearing. It is pertaining to note that there is no any adverse order against this deft in this matter till today. Still she is disturbing the smooth functioning of this Court.
Later On.
Today written arguments in NM No.4106/19 is filed by deft no.1 in person. TOR and marked at Exh.8. Copy is served to deft no. 4 to 6/MCGM. Copy be supplied to plaintiff till next date.
I requested her to sit and submit being Senior Citizen.
Matter adjd to 10/03/2021 for NM Hearing.
Later On. At 04.00 pm.
Adv. Shailesh Pal h/f Adv. Pratap Singh for plaintiff present. It is assured by advocate Pal to argue the matter on next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Nitin Borale for plaintiff present.
Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present and tendered written arguments, TOR and marked at Exh.9. Copy is served to other side.
Adv. Khandagle for deft no. 4 to 6/MCGM present
Heard both sides on NM No.4106/19.
Despite of three times directions to the party in person she is disturbing the Court while arguing and not permitting to argue advocate Khandagale. Hence party in person is directed to let complete other side their argument and she can submit again in rejoinder of argument.
She is permitted to argue on Notice of Motion on sitting on chair.
Matter adjd to 03/04/2021 for Order on NM No.4106/19.
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None for plaintiff.
Deft no.1 in person present and appearing for deft no.2 and 3 as C. A. present.
Adv. Ms. Smita Chavan h/f Adv. Khandagle for deft no. 4 to 6/MCGM present.
Later On. At 2.15 pm.
Adv. Pal for plaintiff present. Adv. Pal perused Exh.10 and submitted that the necessary order will be passed.
Heard party in person.
Matter adjd to 16/04/2021 for Order on NM No.4106/19.
Next Purpose: NM ORDERS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Declared holiday as per circular No.79/2021 dt. 12/04/2021.
Next Purpose: NM ORDERS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to covid-19, matter is adjd to 14-06-2021
Next Purpose: NM ORDERS
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Dt.14-06-2021
CORAM: H.H.J. SHRI. S. D. KULKARNI (CR. NO. 08)
SU – 927/19
None for Plaintiff
Defendant No. 1 in person and appearing for defendant no. 02 and 03.
Adv. Khandagle for defendant nos 4 to 6/MCGM is present.
Defendant no. 1 has made an application before the Hon’ble Principle Judge regarding transfer of Notice of Motion No. 4106/19 for order. The said application of def. no. 1 is allowed by Hon’ble Principle Judge by order dated 14-06-2021, mentioning there in that “the Notice Motion is heard by Shri U. J. More and kept it for order, as such Notice of Motion is transfer to him only for passing the said order”.
In view of above order, matter be sent to the Presiding Officer Shri Dr. U. J. More (C.R. No. 58) for passing the order on NM No.4106/19.
Matter is adjd to 18-06-2021 for passing order on NM No. 4106/19 C.R. No. 58
Next Purpose: NM ORDERS
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Matter pertains to C.R.No.8
None for plaintiff.
Defendant no.1 present in person. Defendant no.1 appears as a CA for defendant no. 2 and 3.
Adv. Ms.Tendulkar for deft. no. 4 to 6/MCGM present.
Defendant no.1 submitted that defendants no. 1 to 3 want to file preliminary objection about non maintainability of suit.
Authenticated copy of roznama be given to both the parties.
Matter is adjourned for steps by Deft. no.1 to 3 to 12/7/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: None for plaintiff.
Adv Tondwalkar for defendant no.4 to 6 / MCGM present.
Defendent no.1 in person present and tendered adjournment application to file preliminary objection as dismissal of suit. Said application is taken on record and marked as Exh.13.
O- Adjournment granted as prayed for steps.
Authenticated copies be given to the both parties.
Matter is adjd. to 23/08/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Matter pertains to C. R. no. 08
Adv. absent for plaintiff.
Adv absent for MCGM/defendant.
Defendant no. 01 in person present and tendered application for speaking to minutes of order dt. 18 june 2021 marked as Exh. 14. t.o.r. and she also submitted service report is at Exh. 15
Authenticated Copy of Roznama be given to the parties if requested.
Matter adjourned for reply to Exh. 14 if any to. 25/08/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Coram H.H.J. Shri. K.P. Kshirsagar, City Civil Court, Mumbai.(C.R.05)
Matter pertains to C.R. 08
Adv. and plaintiff are absent.
Adv. absent for MCGM/defendant.
Defendant no. 1 in person present and tendered application for dismissal of suit mark Exh. 16 TOR.
Matter adjourned for Reply to Exh. 14 and Exh.16 on 03-09-2021.
Authenticated copy of Roznama be given to the parties if requested.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None for plaintiff.
Defendant no.1 in person present and C.A. of defendant no.2 and 3 present.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
K.B.
L.O. at 3.30 p.m.
None for plaintiff.
Defendant no.1 in person present and C.A. of defendant no.2 and 3 present.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
Adjd. To 06/09/2021 for reply / hearing on Exh.14 and Exh.16.
On oral requests of Defendant no.1, Authenticated copy of Roznama be given to the defendant no.1.
Next Purpose: REPLY
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: None for plaintiff.
Defendant no.1 in person present and C.A. of defendant no.2 and 3 present.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
Heard Defendant no.1 on Exh.14.
Adjd. To 15/09/2021 for order on Exh.14 and hearing on Exh.16.
L.O. at 4.15 p.m.
Defendant no.1 present and requests for short date.
Adjd. To 09/09/2021 for order on Exh.14 and hearing on Exh.16.
Next Purpose: HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for plaintiff.
Defendant no.1 in-person and CA for defendant Nos.2 and 3 present.
Adv. Mrs. Rawade h/f Adv Tondwalkar for Defendant Nos.4 to 6/MCGM is present.
Order below Exh-14.
This is an application filed by defendant Nos.1 to 3 for speaking to minutes of order dated 18.06.2021 dismissing the Notice of Motion No.4106/2019.
Heard defendant No.1 in-person. Advocate for plaintiff absent. Perused application and order passed on Notion of Motion No.4106/2019 dated 18.06.2021.
On perusal of the application it reveals that, defendant Nos.1 to 3 seek correction in order about missed of necessary submission of defendant Nos.1 to 3. In para 5 and para 6 of the application defendant contended that Court while passing order on NM missing out the critical necessary submission of defendant Nos.1 to 3. The submission of defendant Nos.1 to 3 needs to be inserted in a order.
Although in the application it is not mentioned that, under which provision it is filed but there is only one provision in Code of Civil Procedure 1908 (CPC) about amendment of judgment, decrees of order. The section 152 of CPC reads as under:-
Section 152 clerical or arithmetical mistake in judgment, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.
The above provision also states that section 152, CPC, is based on two important principles. The first of them is the maxim that an act of the Court shall prejudice no party and the other that the course have a duty to see that there records are true and that they represent the correct state of affairs. Whenever a mistake is committed by the Court or its officers and the shortfall is detected, which may be likely to cause prejudice to a party, it is the imperative duty and compulsive obligation of a court to correct the mistake forthwith.
On going through the above provision it reveals that only clerical or arithmetical mistake in judgment arising therein from any accidental slip or omission may be corrected. The provision also shows that if prejudice is caused to the any parties because of the mistake is committed by the court that can also be corrected. But here in this case no prejudice is caused to the defendant Nos.1 to 3. As Notice of Motion No.4106/2019 taken out by the plaintiff is dismissed by my Predecessor by order dated 18.06.2021. The defendant’s by way of this application wants to insert argument advanced before my Predecessor and as per defendant say these are critical necessary submission which court has miss out. There cannot be a addition of argument in a order passed by the court. The scope of section 152 is restricted about correcting clerical or arithmetical or typographical mistakes. Therefore, in my opinion application is not tenable being devoid of merits. Hence, I pass following order.
ORDER
Application (Exh-14) is hereby rejected.
Authenticated copy be given to both the parties.
Adjd. to 24/09/2021 for argument on Exh-16.
Next Purpose: HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None for plaintiff.
None for defendant nos.1 to 3..
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
K.B.
L.O. at 2.45 p.m.
None for plaintiff.
Defendant no.1 in-person and CA for defendant No.2 and 3 present.
Adv Tondwalkar for Defendant nos.4 to 6/MCGM is present.
L.O. at 3.15 p.m.
Adv Pratap Singh for plaintiff present.
Heard Defendant no.1 on Exh.16.
Adjd. To 29/09/2021 at 12.00 noon for argument of advocate for plaintiff on Exh.16.
Next Purpose: HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None for plaintiff.
None for defendant nos.1 to 3..
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
K.B.
L.O. at 12.10 p.m.
Adv Pal h/f Adv Pratap Singh for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3 and tendered written argument alongwith four citation in Exh.16. TOR and marked as Exh.16-A. Copy is supplied to other side.
Heard further argument by defendant no.1 in Exh.16.
K.B. for argument of advocate for plaintiff on Exh.16.
L.O. at 3.30 p.m.
Defendant no.1 present in person.
Adv Pratap Singh for plaintiff present and seeks time to argue on Exh.16. Time is granted till next date.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 06/10/2021 at 3.30 p.m. for argument of advocate for plaintiff on Exh.16.
Next Purpose: HEARING
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None for plaintiff.
None for defendant nos.1 to 3.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
K.B.
L.O. at 3.50 p.m.
Adv Pratap Singh for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
There is possibility of settlement in between the parties, so matter is adjourned. Both parties are directed to remain present before the Court for settlement.
On oral requests of defendant no.1, authenticated copy of Roznama be given to defendant no.1.
Adjd. To 11/10/2021 at 1.00 p.m. for settlement or argument of advocate for plaintiff on Exh.16.
Next Purpose: HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: AT 1.00 P.M.
None for plaintiff.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
L.O. at 1.25 p.m.
Adv Pratap Singh for plaintiff present.
Adjd. To 13/10/2021 at 2.45 p.m. for settlement or argument of advocate for plaintiff on Exh.16.
Next Purpose: HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv Pratap Singh h/f Adv Nitin Borale for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
Adv for plaintiff on record is directed to remain present on next date.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 14/10/2021 for settlement or argument of advocate for plaintiff on Exh.16.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv Pratap Singh h/f Adv Nitin Borale for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
None for Defendant nos.4 to 6/MCGM
Adv Pratap Singh h/f Adv Nitin Borale tendered copy of email of advocate of the plaintiff on record. TOR. This court also received the same mail of adv
ocate of the plaintiff on record. TOR.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 09/11/2021 for settlement or argument of advocate for plaintiff on Exh.16.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Pal h/f Adv Pratap Singh for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
Adv Smita Chavan for defendant nos.4 to 6 / MCGM present.
Defendant no.1 seeks time for settlement before Honble Supreme Court or before Honble High Court. So time is granted till next date.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 03/12/2021 for settlement / hearing on Exh.16.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: None for plaintiff.
None for defendants.
K.B. L.O. at 01.10 p.m.
Adv. Pal h.f. Adv. Nitin Borale for Plaintiff present.
None for Defendant Nos. 1 to 3.
Adv. Mrs. Tondwalkar for Defendant Nos. 4 to 6/MCGM is present.
K.B. L.O.
Same appearance.
K.B. L.O. at 3.38 p.m.
Adv. Pratap Singh h.f. Adv. Nitin Borale for Plaintiff present.
Defendant No.1 in person present and C.A. of defendant nos.2 and 3 present and tendered additional affidavit of Defendant No.1, t.o.r. and marked as Exh.17. She also tendered copy of registered sale agreement. T.O.R.
Adv. Mrs. Tondwalkar for Defendant Nos. 4 to 6/MCGM is present.
Authenticated copy of Roznama be given to both the parties.
Matter is adjd to 17/12/2021 at 1.00 p.m. for argument of Plaintiff on Exh.16 and reply to Exh.17.
Next Purpose: HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: AT 1.00 P.M.
Adv Pal h/f Adv Nitin Borale for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3.
Adv Smita Chavan for defendant nos.4 to 6 / MCGM present.
K.B.
L.O. at 1.50 p.m.
Adv Pratap Singh h/f Adv Nitin Borale for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3 and tendered written argument in Exh.16 and 17. TOR and marked as Exh.18. Copy is supplied to advocate for plaintiff and advocate for defendant nos.4 to 6 / MCGM.
Adv Smita Chavan for defendant nos.4 to 6 / MCGM present.
K.B.
L.O. at 3.30 p.m.
Adv Pratap Singh h/f Adv Nitin Borale for plaintiff present.
Defendant no.1 present in person and for C.A. of defendant nos.2 and 3
Defendant no.2 present.
Adv Smita Chavan for defendant nos.4 to 6 / MCGM present.
L.O. at 4.15 p.m.
Adv Pratap Singh with Adv Nitin Borale for plaintiff present.
Heard both sides on Exh.16 and Exh.17.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 12/01/2022 for order on Exh.16 and Exh.17
Next Purpose: ORDER
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv Pratap Singh h/f Adv Nitin Borale for plaintiff present.
None for defendant nos.1 to 3/ MCGM.
Adv. Mrs. Tondwalkar for Defendant nos.4 to 6/MCGM is present.
F.R.S.R. Following order is passed on Exh.16 and Exh.17
COMMON ORDER ON EXH.16 AND EXH.17
1. Application filed by Defendant nos.1 to 3 at Exh.16 and Exh.17 stand rejected.
Adjd. to 28/01/2022 for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 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. to 18/02/2022 for w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Matter pertains to C.R. NO. 8
None for the plaintiff is present.
Defendant No.1 - Smt. Damyanti Pujara in person and as CA of defendant No. 2 and 3 is present and filed draft ch/s along-with affidavit, tagged together. Leave is granted to register.
Adv. Tondwalkar for M - West Ward / defendant is present.
The Authenticated copy of this roznama be given to both the parties.
Adjourned for Ch/s reply and to file WS to 28.03.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None for plaintiff.
Defendant no.1 in person and C.A. of defendant no.2 and 3 present and tendered original Chamber Summons. No.223/2022 along with affidavit in support. TOR. Copy thereof is already served upon advocate of plaintiff and defendant Nos. 3 to 6 /MCGM.
Defendant no. 1 also tendered service report of Ch/s.No. 223/2022. TOR.
Adv Chavan h/f. Adv. Tondwalkar for defendant Nos. 4 to 6 /MCGM present.
Plaintiff is directed to file reply to Ch/s. No.223/2022 on next date.
The defendant no.1 seeks longer date as she wants to collect some documents and argue the Ch/s. No.223/2022 Therefore, matter is adjourned till next date.
Authenticated copy of roznama be given to the defendant no.1.
Adjd. to 10-06-2022 for Ch/s. reply / Ch/s. hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Plaintiff and his Adv. absent.
Defendant No. 1 in person present for herself and C.A. of deft. No. 2 and 3 present.
Adv. Mrs. Tondwalkar for defendant Nos. 4 to 6/ MCGM is present.
On oral request of deft No. 1, authenticated copy of Roznama be given to the deft. No. 1.
Adjd. to 29/06/2022 for no say order on C/S No. 223/2022 against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Coram H.H.J. Shri. K. P. Kshirsagar, City Civil Court, Mumbai.(C.R.08)
Matter pertains to C. R. no. 04.
N.O.B. T.O.B.
By praecipe
None present for plaintiff.
Defendant no. 01 in person present.
CA for defendant no. 02 and 03 is present.
None present for other defendant 04 to 06/MCGM.
Defendant no. 01 in person and CA for defendant no. 02 and 03 tendered application for t.o.r. marked as exh. 19 and affidavit at
19 A. t.o.r..
Matter already adjourned for reply to exh. 19 and 19 A to 29/06/22.
Authenticated copy of Roznama be given to both the parties if requested.
Next Purpose: REPLY
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: None for plaintiff.
Deft No. 1 in person present herself and as C.A of deft. Nos. 2 and 3 present.
Adv. Mrs. Tondwalkar for defendant Nos. 4 to 6/ MCGM is present.
On oral request of deft No. 1 to file Ch/S with documents, matter is adjourned till next date.
On oral request of deft. No. 1, authenticated copy of this Roznama be given to the deft. No. 1.
Adjd. to 06/07/2022 for filing Ch/S with documents by deft. No. 1.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: None for plaintiff.
Deft No. 1 in person present herself and as C.A. of deft. Nos. 2 and 3 present.
Adv. Mrs. Tondwalkar for defendant Nos. 4 to 6/ MCGM is present.
On oral request of deft. No. 1, matter is K.B.
L.O. at 05.15 p.m.
Same appearance.
Deft No. 1 in person present herself and as C.A of deft. Nos. 2 and 3 present and tendered application for taking documents on record. Said application is taken on record and marked as Exh. 20. Copy is served to deft. No. 4 to 6/MCGM and copy be served to plaintiff till next date.
She submitted that on next date she will file Ch/S with certain documents.
On oral request of deft. No. 1, authenticated copy of this Roznama be given to the deft. No. 1.
Adjd. to 11/07/2022 for service of Exh. 20 upon plaintiff, reply by deft. Nos. 4 to 6/MCGM on Exh. 20, for filing Ch/S with documents by deft. No. 1 and for filing reply to Ch/S No. 223/2022 by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None for plaintiff.
None for deft. Nos. 1 to 3.
Adv. Mrs. Tondwalkar for defendant Nos. 4 to 6/ MCGM is present.
K.B.
L.O. at 05.15 p.m.
None for plaintiff.
Deft. No. 1 in person for herself and C.A. of deft. No. 2 and 3 present and tendered draft Ch/S, TOR. Leave is granted to register the same. Copy be supplied to other side.
On oral request of deft. No. 1, authenticated copy of this Roznama be given to the deft. No. 1.
Adjd. to 19/08/2022 for service and reply to draft Ch/S, filing affidavit of service regarding service of Exh. 20 upon plaintiff and filing reply to Ch/S No. 223/2022 by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None for plaintiff.
Deft. No. 1 in person for herself and C.A. of deft. No. 2 and 3 present and tendered original Ch/S No. 1223/2022, TOR.
Adv. Mrs. Tondwalkar for defendant Nos.4 to 6/ BMC is present.
Adjd. to 07/10/2022 for No say order to Ch/S No.223/2022 against plaintiff and for filing reply to Ch/S No.1223/2022 by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Pratap Singh h/f Adv. Nitin Borale for plaintiff present.
None for deft. Nos.1 to 3.
Adv. Mrs. Tondwalkar for defendant Nos.4 to 6/ BMC is present.
Mail received from office, TOR.
Adjd. to 12/10/2022 for No say order to Ch/S No.223/2022 against plaintiff and for filing reply to Ch/S No.1223/2022 by plaintiff.
Next Purpose: ORDER
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: None for plaintiff.
None for deft. Nos. 1 to 3.
Adv. Mrs. Tondwalkar for defendant Nos.4 to 6/ BMC is present.
K.B.
L.O. at 5.30 p.m.
Same appearance.
Adjd. to 07/11/2022 for No say order to Ch/S No.223/2022 against plaintiff and for filing reply to Ch/S No.1223/2022 by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: None for plaintiff.
Defendant No. 1 in person for herself and C.A. of deft. Nos.2 and 3 present.
Adv. Mrs. Tondwalkar for defendant Nos.4 to 6/ BMC is present and has given say on Ch/S No.1223/2022.
Adjd. to 23/12/2022 for filing reply to Ch/S No.1223/2022 by plaintiff and No say order to Ch/S No.223/2022 against plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Matter pertains to CR No. 04.
None present for the plaintiff.
Damayanti R. Pujara Defendant No. 1 in person and CA for defendant Nos. 2 and 3 is present and filed short submissions along-with citations in Ch/s Nos. 223/22 and 1223/22. She ensured to supply copy of these submissions on the other sides.
Rest of the defendants are absent.
Adjourned for filing reply on Ch/s to 30.01.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: None for plaintiff.
Defendant No.1 in person/ C.A. of deft. Nos.2 and 3 present and tendered acknowledgement of written arguments in Ch/S No.223/2022 and Ch/S No.1223/2022, TOR and marked as Exh.21.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant Nos.4 to 6/ BMC is present.
Adjd. to 31/03/2023 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: None for plaintiff present.
Defendant no. 1 in person and C.A of deft nos. 2 and 3 present and submitted that the Ch/s No. 1223/22 against the plaintiff be kept open in abeyance till the formation of body of Managing Committee and the prayer against BMC be decided.
Adv Suryavanshi for deft nos. 4 to 6/BMC present.
Heard deft no. 1 in person and Adv for BMC/Deft. nos. 4 to 6 in Ch/s No. 1223/22.
Matter is adjd. to 21-04-2023 for order on Ch/s No. 1233/22 to extended of prayers against deft no. 4 to 6 and filing reply to Ch/s no. 223/23 by plaintiff.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: P.O. is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: None present for plaintiff
Defendant No. 1 in person and C.A. of defendant No. 2 and 3 present and tendered pursis alongwith citation T.O.R. and marked as Exh. 22 and requested to adjourn matter till next date as she wants to file one more judgment in support of chamber summons. Therefore matter adjourned for order on chamber summons No. 1223/2022 and requested to keep the matter on dated 28.06.2023
Adv. Mr. Suryavanshi for defendant No.4 to 6/ BMC is present.
Copy of citation kept in R & P for plaintiff.
Adjd. to 28.06.2023 for Citation.
Next Purpose: CIATATION
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: None present for plaintiff.
Defendant No. 1 in person and C.A. of 2 and 3 requested to keep back. Hence kept back.
Advocate Suryavanshi for defendant No.4 to 6/BMC present.
Keep back
L.O. 4.30 pm.
Same appearance
Defendant No. 1 tendered written notes of argument with List of citations, TOR and marked as Exh. 23
Defendant No. 1 requested to keep the matter in the month of August 2023.
Adjd to 07.08.2023 for order on ch/s No. 1223/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff.
Defendant No. 1 in person and C.A. of defendant Nos. 2 and 3 is present.
Advocate Suryavanshi for defendant No.4 to 6/BMC present.
As court is busy in dictating NM Orders, due to paucity of time, matter is adjourned till next date.
Def No.1 requested to keep the matter on 06th Sept., 2023.
Adjd to 06.09.2023 for Order on ch/s No. 1223/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: P. O. is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: None present for plaintiff.
Defendant No. 2 in person present and submitted that her Mother ( deft No. 1) is busy in Honble High Court and requested for longer date as on 20.12.2023, hence matter adjourned.
Advocate Suryavanshi for defendant No. 4 to 6/BMC present.
As Court is busy in dictating NM Order and urgent matters, and due to paucity of time matter adjourned.
Adjd to 20.12.2023 for Order on ch/s No. 1223/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: None present for plaintiff
Deft No. 1 in person and C.A. of deft No. 2 and 3 is present and submitted to keep the ch/s No. 1223/2022 for order and requested to keep the matter in the month of February, 2024.
Advocate Suryavanshi for defendant No. 4 to 6/BMC present.
As Court is busy in HCTB Suit No. 32/2023, due to paucity of time matter adjourned.
Adjd to 07.02.2024 for order on Ch/s No. 1223/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: None present for plaintiff
D-1 in person and C.A. of D-2 and 3 is present.
Cout is busy in hearing of ad-interim relief in Suit No.3023/2023 and order in N/M No.3387/2019.
Advocate Suryawanshi for defendant-4 to 6/ BMC present.
Adjd to 06.03.2024 for order on Ch/s.1223/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: None present for plaintiff.
Advocate Jyoti Patil- Mhatre h/f Suryavanshi for defendant No. 4 to 6/BMC present.
None present for deft No. 1 to 3
F.R.S. R. following order is passed in ch/s No. 1223/2022
ORDER
Defendant B.M.C. to produce documents mentioned in paragraph No. 31 (a) and (b) of Chamber summons upon oath.
Adjd to 29.04.2024 for Compliance
Later on 3.55 pm.
Deft No. 1 in person present.
C.A. of Deft No. 2 and 3 is present.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: None present for plaintiff
Deft no. 1 person and C. A. of deft No. 2 and 3 present.
Advocate Suryavanshi for defendant No. 4 to 6/BMC present and submitted that he was not aware of the order dated 06.03.2024 in ch/s 1223/2022 and seeks time to comply the order.
Adjd to 28.06.2024 for Compliance by deft No. 4 to 6/BMC.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: None present for plaintiff.
Deft no. 1 in person and C. A. of deft No. 2 and 3 present
Advocate Vyawahare for defendant No. 4 and 6/BMC present and submttted that short date may be given for compliance as per order dated 06.03.2024 in ch/s No. 1223/22.
Adjd to 24.07.2024 for Compliance by deft No. 4 to 6/BMC and reply to ch/s No. 223/2022 by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2024
Date: 24-07-2024
Business: Matter pertains to C. R. No. 4
None for Plaintiff.
Deft no. 1 in person and C. A. of deft No. 2 and 3 present
Advocate Honmane for defendants No. 4 to 6/BMC present.
Adjd to 21.08.2024 for Compliance and reply to ch/s No. 223/2022 by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: None present for plaintiff
Advocate Honmane for defendant No. 4 to 6/BMC present.
None for deft No. 1 to 3
Adjd to 04.10.2024 for Compliance by deft No. 4 to 6/BMC and reply to ch/s No. 223/2022 by plaintiff
Later on 4.05 p.m
Deft No. 1 in person and C. A. of deft No. 2 and 3 present .
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: None present for plaintiff
Advocate Honmane for defendant No. 4 to 6/BMC present and tendered affidavit Exh. 24 in compliance of order passed in chs. Copy of defendants kept in R & P. Matter adjourned for any submission by defendant on the affidavit filed by BMC.
None present for defendant No. 1 to 3
Adjd to 09.12.2024 for ch/s reply and submission by defendants to Exh. 24.
Later on 4.15 p.m
Deft No. 1 in person and C. A. of deft No. 2 and 3 present .
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: CORAM H.H.J. SHRI R. M. MISHRA ( C.R. No. 05 )
(Matter pertains to C. R. No. 4 )
None for plaintiff
Defendant No. 1 inperson and C.A. of Defendants No. 2 and 3 present and tendered Written Submissions on Exhibit 24, taken on record and marked as Exhibit 25. Copy is supplied to Advocate for defendants No. 4 to 6/BMC. Defendant No.1 undertakes to supply the copy thereof to the plaintiff before next date.
Advocate Puri holding for Advocate Honmane for defendants No. 4 to 6/BMC present.
Adjd to 03.03.2025 for Chamber Summons reply.
I/C Judge
Next Purpose: C/S REPLY
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant Nos. 4 to 6/MCGM is present. Rest of the defendant are absent.
Adjourned for Ch/s Reply to 11.06.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: (Matter Pertain to C. R. No. 04)
Defendant No. 1 herself present and C.A. of Defendant No. 2 and 3 is present before this court at 05.30 pm. Defendant No. 1 request to sent the copy of Exhibit 25 to the plaintiff through the bailiff. O- Allowed. Accordingly the Exhibit 25 be sent to the plaintiff through the bailiff after payment of require chargers, if any.
Adjourned for Service to 18-08-2025.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Not on Board Taken on Board
Defendant No. 1 herself present and C.A. of Defendant No. 2 and 3 is present. Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant No. 4 to 6/MCGM is present.
It appears that inadvertently the roznama of Suit No. 927/2019 dtd. 11.06.2025 was pasted and CIS in Execution Application No. 460/2015. Hence correction be made accordingly and suit Number be changed accordingly in roznama dtd 11.06.2025. The correct roznama dtd 11.06.2025 be posted in CIS. In view of Order passed on dtd 11.06.2025, Exhibit 25 be sent to the plaintiff through the bailiff after payment of requisite charges, if any, Emergent process is allowed as prayed.
Authenticated copy of this roznama be supplied to both the parties.
Adjourned for Service to 18.08.2025.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2025
Date: 18-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 herself present and C.A. of Defendant No. 2 and 3 is present and filed Bailiff report Taken on record. O- Filed.
Adv. Ms. Honmane for defendant No. 4 to 6/MCGM is present.
No reply filed on the Ch/s by the plaintiff.
Bailiff report duly served by defendant No. 1 on 09.07.2025 at about 10.35 am upon Mr. V. Vishwanathan, Chairman of the Vasudha Society, plaintiff at his present address.
The chairman of the society is absent. No reply filed by the plaintiff/society.
Authenticated copy of this roznama be supplied to both the parties.
Adjourned for Ch/s Reply to 28.08.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present.
None present for defendant Nos. 4 to 6/MCGM.
Heard defendant No. 1 on Exhibit 25.
Order Below Exhibit 25
Perused compliance affidavit dtd 4.10.2024 below Exhibit 24 filed by BMC. I have gone through other record minutely.
Admittedly Vasudha Co-op Hsg. Society is plaintiff present suit. However, in aforesaid compliance affidavit BMC has mentioned Smt. Damayant R. Pujara i.e. defendant No. 1 cum Applicant in Ch/s. 1223/2022 as plaintiff, which is prima-facie incorrect. So also the BMC has mentioned that no plans are submitted by the plaintiff society/Developer. On these two aspect the defendant/MCGM is hereby called upon to re-considered their affidavit of compliance by mentioning correct name of the plaintiff and the position of the development cum submissions of the plan and tender fresh affidavit to that effect.
BMC to comply.
Record shows that till today, the plaintiff has not filed their reply to Ch/s bearing No. 223/2022. Even defendant Nos. 4 to 6 did not bother to tender their reply on record. Thus, said ch/s to proceed further without reply of the plaintiff as well as other defendants.
Heard defendant No. 1 in person on Ch/s No. 223/2022.
Adjourned for Order on Ch/s No. 223/2022 to 12.09.2025
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Adv. Ms. Sangita Honmane for defendant No. 4 ot 6/MCGM is present.
F.R.S.R. the following Order is passed in Ch/s. No. 223/2022:
ORDER
01. Chamber Summons No.223 of 2022 is allowed in terms of prayer clause 'b and c'.
02. The plaintiff society is directed to comply the order specially in terms of clause ‘b and c’ of present chamber summons, within next one month and shall provide all correspondences, records, circulars, resolutions, related to redevelopment submitted and received from Builder/ Developer, Plaintiff society, Authorities concerned with redevelopment matter.
03. Chamber summons is disposed of accordingly.
Adjourned for compliance to 15.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: CORAM: H.H.J. SHRI. R. V. BHAKTA, CITY CIVIL COURT, MUMBAI.(C.R.06)
Matter pertaining to Cr No. 4
Defendant no. 1 in person present and as CA of defendant no. 2 and 3 is present and filed affidavit. She is directed to serve the copy of the affidavit to the Plaintiff by e-mail as well as R.P.A.D. She submitted that she will serve the copy to the BMC by hand.
Authenticated copy of the roznama be given to the defendant no. 1 who is present before this court.
Matter adjourned for compliance to 17.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Adv. Ms. Sangita Honmane for defendant Nos. 4 to 6/MCGM is present.
Despite service plaintiff has not filed their reply on affidavit filed by the defendant No.1.
Said affidavit cum application be marked as Exhibit 26.
No reply filed by the plaintiff. Hence application Exhibit 26 proceed further without reply of plaintiff.
Ld Adv for defendant/MCGM sought time to file her reply on Exhibit 26. Granted lastly.
As per request of defendant applicant service by Bailiff is allowed. Time is extended for the service.
Authenticated copy of this roznama be supplied to both the parties.
Adjourned for Reply on Exhibit 26 by defendant/MCGM to 24.09.2025.
Next Purpose: REPLY
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for plaintiff.
Adv.Sangita Honmane for defendant/MCGM No.4 is present. Keep Back.
Second time matter called out at 3.56pm
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present and filed application for production of document in support of Exh-26 along with documents. T.O.R Exh-27. Order- Production allowed.
Adv.Sangita Honmane for defendant/MCGM No.4 is present and requested time to file reply to Exh-26.
Adjourned for reply to Exh-26 to 15/10/2025.
Next Purpose: REPLY
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Adv. Ms. Vidya Vyavhare h/f Adv. Ms. Sangita Honmane for defendant Nos. 4 to 6/MCGM is present and requested time to file reply to Exhibit 26. Granted.
Adjourned for Reply to Exhibit 26 to 10.11.2025.
Next Purpose: REPLY
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant No. 4 to 6/MCGM is present and requested time to file reply to Exhibit 26.
keep back
Later on at 4.33 pm
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Rest appearance is as above.
Adjourned for Reply to Exhibit 26 to 21.11.2025
Next Purpose: REPLY
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Reply to Exhibit 26 .to 31.01.2026.
Next Purpose: REPLY
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present and filed application vide Exhibit 28, saying that, plaintiff is not obeying the Court orders as per Ch/s. Therefore, it may be executed through Bailiff.
I am of view that, if plaintiff is not obeying Court order, the aggrieved party may take appropriate steps in accordance with law. Hence, this application stands filed.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant No. 4 to 6/MCGM is present.
Adjourned for taking steps to 11.02.2026
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2026
Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant No. 4 to 6/MCGM is present.
None present for defendant No. 1 and C.A. of defendant No.2 and 3.
Later on at 4.29 pm.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present and has filed an application vide Exhibit 29.
Heard argument argument of both the sides on Exhibit 29.
Adjourned for Order on Exhibit 29 to 30.03.2026.
Next Purpose: ORDER
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: Court is on leave hence matter adjourned to 10.04.2026
Next Purpose: ORDER
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: P. O. is on Official Training. Hence, matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for plaintiff.
Defendant No. 1 is present for herself and as C.A. of Defendant No. 2 and 3.
Adv. Ms. Vidya Vyavhare for defendant No. 4 to 6/MCGM is present.
Heard argument of both the sides on Exhibit 29 at length.
Adjourned for Order on Exhibit 29 to 19.06.2026.
Next Purpose: ORDER
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present
Adv. Ms. Vidya Vyavhare for defendant No. 4 to 6/MCGM is present.
Heard argument of defendant in person and Advocate of BMC.
According to defendants this Court has directed to the plaintiff society to provide all correspondence to the defendants by an Order passed in Chamber Summons No. 223/2022 dtd 12.09.2025. Since then, plaintiff has not provided the documents as directed. Therefore, defendants has requested to serve the Order of this Court to the plaintiff society through Bailiff.
I am of view that in order to execute the Order, it would be appropriate to serve the Order of this Court of Chamber Summons to the plaintiff society through Bailiff in accordance with law.
Adjourned for awaiting Bailiff report to 28.08.2026
Next Purpose: REPORT
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: CORAM H.H.J. SHRI. PRASHANT C. KALE (C.R. No. 06)
Matter pertains to C.R. No. 4
None present for the plaintiff.
Defendant No. 1 for herself and as C.A. of Defendant No. 2 and 3 is present and filed Bailiff report Taken on record. It is marked as Exhibit 30
None present for defendant/MCGM.
Adjourned for hearing/ compliance to 09.10.2026.
Next Purpose: HEARING
Next Hearing Date: 09-10-2026