Husain Umar Momin s/o Abdul Sattar MominVsMHADA +17 more

Date: 21-06-2019
Business: Adv. Vivek Shukla for the Plaintiff present.
Adv. Bhadang for Defendant nos. 3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Original registered N/M No. 1530/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Heard arguments.
Matter is adjd. to 29.06.2019 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: None present  for the Plaintiff.
Adv. Sholk for Defendant no. 3 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Court is busy in other matters on board.
Matter is adjd. to 4.07.2019 for orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Vivek Shukla for the Plaintiff present.
Adv. Shlok for Defendant nos. 3 to 17 present.
Vakalatnama tendered by Defendant no. 3 to 17. t.o.r. O-filed.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Written submissions tendered by the Plaintiff. t.o.r.
Matter is adjd. to 18.07.2019 for reply arguments on written submissions by defts.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Adv. Sita Yadav for the Plaintiff present.
Adv. Nanki for Defendant No. 3 to 17 present.
Adv. Prabhu for defendant No. 1 and 2 present.
Adv. Nanki filed written submissions on behalf of defendant No. 3 to 17. tor
Mr. Anil Govardhan Deputy engineer C-1 ward MHADA is also present.
Adv. for plaintiff tendered Notice of MHADA dt. 09/07/2019. In view of the said notice it is submitted by the adv. for defendant/MHADA and officer who is present before the court,  that notice structure building is 80 years old building and concerned plaintiff has to take risk of life of his family and passers by if any untoward incident occurred in respect of the said building.
Considering the submissions of Adv. for MHADA and officer of MHADA, if the plaintiff is not intending to vacate the premises in view of notice dt. 09/07/2019, it is for the plaintiff to take risk at his own in respect of suit subject shop and customers in the shops and passers by.
Accordingly the plaintiff is directed to file undertaking before the court on 19/07/2019.
Failure to file undertaking by the plaintiff, MHADA is at liberty to initiate further action against the plaintiff in view of notice dt. 09/07/2019
Matter is adjd. to 19/07/2019 for undertaking by the plaintiffat 11 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: None present  for the Plaintiff.
Adv. Bhadang for Defendant-3 to 17 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
KB
Court time is over.
Matter is adjd. to 5.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Plaintiffs in person present.
Adv. Mr. Bhadang for Defendant-3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 07-08-2019
Business: Plaintiffs in person present.
Adv. Mr. Bhadang for Defendant-3 to 18 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None for plaintiff.
Adv. Akash Lodha for D-3 to 18 present.
Adv.Ms.Prabhu for MHADA/deft.Present.
Matter adjd for W/S to 12.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None present for Plaintiff.
Adv. Prabhu for defendant no.1 and 2 is present. She filed application for considering the affidavit in reply as WS in the suit.  O granted.
Affidavit in reply of defendant no. 1 and 2 (WS)
Matter is adjd.  for draft issues to 17/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020

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

Date: 06-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

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

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

Date: 06-11-2020
Business: None present for the plff.
Adv. Ms. Yogini Borade for deft/Trust present.
Issues framed. exh. 7
Matter adjd to 15.02.2021 for list of witnesses. None present for the plff.
Adv. Ms. Yogini Borade for deft/Trust present.
Issues framed. exh. 7
Matter adjd to 15.02.2021 for list of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None for plaintiff.
Adv. B. S.  Prabhu for the defendants No.1 and 2.
Adv. Ms. Sadaf for the defendant No.3.
No list of witnesses is filed.
Matter is adjd. to 04/05/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 29.03.2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv. Pooja Mishra for plaintiff present and seeks time for filing  affidavit of evidence.-Time is granted.
Adv. Manasi for defendant nos. 3 to 8 present.
Matter is adjd. to 18-04-2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv.Pooja Mishra for plaintiff present and seeks time.
Adv. Manasi for defendant nos .3to 18 present and objects for adjournment.
Heard both Ld. advocates. Matter is adjourned to 09-06-2022 for recording of evidence as last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Plaintiff and his advocate absent. Last chance was granted. One more chance is given to plaintiff.
Adv. Manasi for defendant nos. 3 to 18 present.
LO at 01.05 PM
Adv. Norbert D\''souza h/f Adv. Vivek Shukla for plaintiff present.
Matter is adjd. to 08-08-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Court is busy in hearing argument in Su. 725/21 and dictating judgment in Suit No. 2607 of 2008.
Hence, Matter is adjd. to  14.11.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for plaintiff.
Adv. Akhel I/b J Sagar Associates for defendant no. 3 present and filed VP. TOR. Exh 8.
Matter is adjd. to 16.01.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Court is on leave.
Hence, Board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: None present for plaintiff
Adv. Akhil Nene I/b JSA for defendant no.3 present.
Perusing record, it appears that the plaintiff is absent for leading evidence. The last chance was granted to the plaintiff for leading evidence, but since 09.06.2022 plaintiff not appeared and filed  evidence. It appears that sufficient opportunities has been given to the plaintiff. But plaintiff failed to lead evidence. Hence, fixed for dismissal order on 15.04.2023.
Matter is adjourned to 15.04.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present for plaintiff.
Adv. Pathak h/f Adv. Sachin Kadam for defendant/State present
Adv. Khobragade for defendant Nos.1 and 2/MHADA present.
Adv. Akhil Nene I/b JSA for defendant No. 3 present.
Perusing record, it appears that the plaintiff is absent since long for recording evidence. The sufficient opportunities have been given to plaintiff then matter is kept for dismissal order 13.03.2023 on that day also plaintiff is absent for leading evidence and today also plaintiff is absent, it appears that Plaintiff does not want to proceed with suit. Hence, Suit No.1488 of 2019 is hereby dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 29-04-2023

Registration Number: 101488/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 104023/2019
Filing Date: 02-04-2019
First Hearing Date: 21st June 2019
Decision Date: 29th April 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE