Mrs. Sulochana Shankar KhedekarVsThe Deputy City Engineer +3 more

Date: 28-03-2018
Business: C.A. of Plaintiff present.
Adv. Joseph for Plaintiff present. He tendered registered NM no.1262/18.
Adv. Bharat Jain for Defendant no.5 present.
Adv. Prabhu for Defendant/MHADA present.
Plaint.
Vakalatnama in Plaint.
Memorandum of Address.
List of Docume
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2018

Date: 21-04-2018
Business: Adv Mr. Joseph for plaintiff present.
Adv Mrs. Prabhu for MHADA present.
Adv Mr. Bharat Jain for Deft no.5
Adjd for Ch/sum reply to 18/06/2018
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2018

Date: 18-06-2018
Business: Adv. Joseph for Plaintiff present.  He tendered registered Ch/s No.796/18 along with affidavit in support.  TOR.
Defendant no.5 present.  He filed adjournment application.  Taken on record and marked as Exh.
O - Granted.
Adjourned to 26.07.2018 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-07-2018

Date: 26-07-2018
Business: Order Ch/s. No. 798/2018 is hereby allowed in terms of prayer  clause (a) only and disposed off accordingly.  Plaintiff to carry out amendment within 7 days.
Matter adj. to 03/08/2018 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2018

Date: 03-08-2018
Business: Matter adj. to 04/08/2018 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: Matter adj. to 10/08/2018 for NM Reply/Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2018

Date: 10-08-2018
Business: Matter adj. to 28/08/2018 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2018

Date: 28-08-2018
Business: Matter adj. to 04/09/2018 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-09-2018

Date: 04-09-2018
Business: Court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 10-09-2018

Date: 10-09-2018
Business: As court is busy in Ad-interim hearing in  SU No. 2302 and dictating Order in SU No. 2270/2018.
Board is discharged.
Matter adj. to 17/09/2018 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 17-09-2018

Date: 17-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Matter adj. to 28/09/2018 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: NM No. 1262/2018 is hereby rejected.
NM No. 1262/2018 is disposed off accordingly.
Matter adj. to 19/12/2018 for filing Draft Issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: CA of plaintiff present.
Adv. Prabhu for defendant nos.1 and 2/MHADA present.
CA of plaintiff requested for adjournment for filing draft issues.
Hence, adjd. To 02.04.2019 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: CA of plaintiff present and submitted that plaintiff intends to challenge the order passed by this court in NM of the plaintiffs.
Adv. Prabhu for defendant nos.1 and 2 present.
On request of CA of plaintiff, adjourned for filing draft issues to 26.08.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: CA of the Plaintiff present.
Adv. Pushpa Thapa h/f Prabhu for MHADA Defendant no. 1 and 2 present.
Draft issues not tendered.
Matter is adjd. to 4.12.2019 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: CA of plaintiff is present.
Adv. Prabhu for defendant/MAHADA defn. 1 and 2  present.
Adv. Bharat Jain for defendant no. 4 is present.
Matter adj for Issue  25/02/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: C. A of Plaintiff is present. He filed photocopy of order from Hon\''ble High Court in A. O No. 31780/2018. TOR
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Matter is adjd. for draft issues  to 23/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: 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: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 16/04/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None  for plaintiff.
Adv. Mangal Kadam h/f Adv. Kandekar for defendant No.1 present.
Matter is adjd. to 30/10/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: None present.
Matter is adjd. to 15/12/2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Son of plaintiff present and he submits that the order of this court is challenge in appeal from order 910 of 2019 before Hon\''ble High
Court and the Hon\''ble High Court has directed to maintain status-quo. The seeks time. He files copy of the order on record.
None for defendant.
Matter is adjd. to 05-05-2022 draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None present for plaintiff.
None present for defendant.
As court is busy in  dictating order on nm no. 905/2021 in sui tno. 76/2020 and on nm no. 964/2022 in suit no. 276/2022. Hence,
Matter adjourned for framing issues to 20/07/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: As presiding officer is on leave. Hence, matter is adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. absent for plaintiff.
None present for defendants.
Son of Plaintiff in person present.
As court is busy in dictating judgment  in suit no..360/2019. Hence,
Matter adjourned for issues to 14/10/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. absent for plaintiff.
None present for defendant.
Son of plaintiff present in person for plaintiff and submitted that, their appeal form order st. 61780/2018 Hon\''ble Bombay High Court has directed to maintain status quo and said order is still in force and therefore, sought adjournment.
Matter adjourned for issues to 12/12/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Son of plaintiff Mr. Rajendra Kedekar present for plaintiff.
None present for defendant.
As court is busy in dictating judgment in suit no. 4273/2009. Hence,
Matter adjourned for framing issues to 21/01/23.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: None present for plaintiff.
Son of plaintiff Mr. Rajendra Khedekar is present and that submitted in appeal from Order no. 910 of  2019. Both parties are directed to maintain status-co.
None present for defendants.
As court is busy  in hearing arguments in Suit Stm no. 665/2023 @ CS no. 134/2023, Suit Stm. no. 666/2023 @ CS no. 135/2023, , Suit Stm. no. 667/2023 @ CS no. 136/2023,  & Suit Stm. no. 668/2023 @ CS no. 137/2023, and dictating order.
Matter adjourned for Issues to 24.02.2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Son of Plaintiff in person present and submitted that, in Appeal From Order No. 910/2019, both the parties are directed to maintain status quo.
None present for defendants.
Matter adjourned for issues to 18/03/23.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Son of Plaintiff Mr. Rajendra Khedekar present for plaintiff and submitted that, in Appeal From Order No. 910 of 2019 both the parties are directed to maintain status quo.
Adv. absent for plaintiff.
None present for defendants.
As court is busy in dictating order on ad-interim relief  in suit st no. 3162/2023. Hence, Matter adjourned for to 17/04/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Son of Plaintiff in person present and sought adjournment.
Adv. absent for plaintiff.
None present for defendants.
Matter adjourned for hearing on issues/issues to 26-06-23.
Next Purpose: HEARING
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: C.A. of plaintiff present.
None present for defendant.
Matter adjourned for hearing on issues/issues to 21.08.2023.
Next Purpose: HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Son of plaintiff present.
Adv. Ashish Varma present for plaintiff and submitted that plaintiff is expired on 23.07.2023. Hence, tendered draft chamber summons alongwith affidavit. O-Leave is granted to registered the chamber summons.
None present for defendants.
Matter adjourned for Ch/s. Service and Reply to 03.10.2023.
Next Purpose: HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: C.A. of plaintiff present.
Adv. Shubhangi Fating present for plaintiff and tendered registered chamber summons No.1595/2023 alongwith affidavit of service in respect of chamber summons. t.o.r.
Adv. Bharat Jain present for defendant No.4.
Matter adjourned for Ch/s. Reply to 20.11.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: C.A. of plaintiff present.
Adv. Jinal Sethia i/b. Adv. Ashish Verma present for plaintiff.
Mr. Mahendra Shah, Representaive of defendant No.4 present and tendered affidavit-in-reply  to notice of motion No.1595/2023 on behalf of defendant No.4. Copy served on advocate for plaintiff.
Defendant Nos.1 to 3 did not file reply to chamber summons No.1595/2023. It shall be heard without their reply.
Matter adjourned for Ch/s. Hearing to 15.12.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Adv. Jinal Sethia i/b. Adv. Ashish Verma present for plaintiff tendered affidavit in rejoinder in respect of Ch/s No. 1595/2023.
Adv. Amey Kulkarni Def No. 2 and 3/ MHADA
Adv. Bharat Jain representaive of defendant No.4 present
Matter adjourned for Ch/s. Hearing to 22.01.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Mr. Rajendra Khedekar, applicant present.
Adv. Jinal Sethia i/b. Adv. Ashish Verma present for plaintiff/applicant.
Adv. Amey Kulkarni defendant Nos. 1 to 3/ MHADA.
None present for other defendants.
   Order on Chamber Summons No.1595 of 2023
Perused chamber summons, affidavit in reply and affidavit in rejoinder. Heard Smt. Jinal Sethia for applicant/legal representatives of deceased plaintiff and Shri. Amay Kulkarni for defendant/MHADA.
      Fact leading to filing of this chamber summons are as follows.
One Sulochana Shankar Khedekar filed a suit for declaration and other reliefs against defendants. During pendancy of this suit, Sulochana left for her heavenly abode on 03.10.2023. Thereafter her three children Rajendra, Ujjwala and Virendra filed this chamber summons under order 22 rule 3 of C.P.C. for substituting them as legal representatives of deceased Sulochana.
     Defendant No.4 resisted this chamber summons on the ground that Sulochana had one more son Devendra. He is not mentioned as legal representative in this chamber summons. This chamber summons is not maintainable in absence of Devendra.
     Section 7(4) of Mahashtra Land Control Act 1999 says that legal representative means a legal representative as define in civil procedure code and includes also, in case of joint family property, the joint family of each deceased was member. Section 2(11) of C.P.C. defines term legal representative as a person who in law represents the estate of deceased and includes any person who intermeddles with the estate of deceased.
     Learned counsel of plaintiff harps upon section 7(15)(d) of The Maharashtra Rent Control Act 1999 which defines the term tenant. Clause (d) of section 7 (15) of said act deals with definition of a tenant in relation to any premises, when the tenant dies.
     I have given thoughtful consideration to submissions of both sides. At present this court is not dealing with the question whether Devendra is tenant or not. At this stage I this court is concerned with the question whether Devendra is legal representative of deceased Sulochana. The facts relevant for determining this question are whether Devendra intermeddles with the estate of deceased Sulochana or he represents estate of deceased Sulochana as per provisions of Civil Procedure Code or Devendra is member of joint family of which Sulochana was also member in terms of section 4 of Mahashtra Rent Control Act 1999.
     From the reply filed by defendant No.4 and letter of Devendra it is clear that he is intermeddling with estate left by Sulochana. At present there is presumption of joint family of Sulochana and her children. In such circumstances Devendra must be joined as legal representative of deceased Sulochana. If applicants are not intending to join Devendra as plaintiffs with them due to conflicts between them, they have to join him as defendant. The suit will be bad for non joinder of necessary parties if he is not joined as plaintiff or defendant to this litigation. This court is empowered to add or strike out parties under order 1 rule 10 (2) of C.P.C. It is necessary to exercise those powers for judicious determination of this case. Therefore this chamber summons deserves to be allowed with direction to the applicants to join Devendra also as one of the party to the suit. They may join him as defendant as it appears there  is conflict of interest between applicants and Devendra. With these observation I pass following order
ORDER
1. Chamber Summons No.1595 of 2023 is allowed with direction that applicants shall join Devendra also as plaintiff or defendant to this litigation.
2.  Applicants are directed to carryout necessary amedment within four weeks.
3. Chamber Summons No.1595 of 2023 stands disposed off.
Matter adjourned for Compliance to 27.02.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Plaintiff No.1 in-person present.
Adv. Jinal Sethia i/b. Adv. Ashish Verma present for plaintiff/applicant and tendered copy of amended plaint. Taken on record.
None present for other defendants.
Matter adjourned for Service of amended plaint to 04.04.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Plaintiff No.1 in-person present.
Adv. Shubhangi Fating present for plaintiff. She tendered affidavit of service. Taken on record and marked as Exh.14. O-Filed.
Defendant Nos.1 to 4 are directed to supply copies of their written statement to defendant No.5.
Adv. Vaibhav Parab present for other defendant No. 5. He tendered vakalatnama of Adv. Chetan Y. Bane on behalf of defendant No.5. taken on record and marked as Exh.15. O-Filed.
Matter adjourned for Written Statement to 10.06.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Plaintiff No.1 in-person present.
Adv. Shubhangi Fating present for plaintiff.
Adv. Vrushali Sawant present for other defendant No. 5.
None present for defendant Nos.1 to 4, matter shall proceed further without additional written statement of defendant Nos.1 to 4.
Counsel of defendant No.5 prays for time to file additional written statement. Time granted as last chance.
Matter adjourned for Written Statement to 10.07.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Plaintiff No.1 (a) in-person present.
Adv. Shubhangi Fating present for plaintiff.
None present for defendants.
Defendant No.5 failed to file written statement. Suit shall proceed without written statement of defendant No.5.
Matter adjourned for Issues to 31.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-08-2024

Date: 31-08-2024
Business: Plaintiff No.1 (a) in-person present.
Adv. Shubhangi Fating present for plaintiff.
None present for defendants.
Matter adjourned for Issues to 05.10.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: Plaintiff No.1 (a) and 1 (c) present.
Adv. Ashish Varma present for plaintiff.
None present for defendants.
Matter adjourned for Issues to 01.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: Plaintiff No.1 (a) namely Rajendra is present. He submits that, Honble High Court in Appeal from Order No.910/2019 has directed parties to maintain status-quo. He submits that, said order still continues and the A.O. is still pending.
In view of the above, Matter adjourned for Draft Issues to 19.04.2025.
Later on at 11.21 a.m.
Adv. Mangal Kadam for defendant/MHADA present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2025

Date: 19-04-2025
Business: Plaintiff No.1 (a) namely Rajendra is present. His advocate absent.
Plaintiff No.1 (a) placed on record copy of order dated 13.02.2025 passed by Honble High Court in Appeal From order (St.) No.31780 of 2018 along with connected Appeals. It is submitted that, the interim relief granted earlier is extended till next date i.e. 22.04.2025. The copy of order is taken on record and marked as Article-X for identification.
In view the order dated 13.02.2025, matter stands adjourned.
Matter adjourned for Draft Issues to 20.06.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: Plaintiff No.1 (a) present and seek time for filing draft issues. Time granted.
None for defendants.
Matter adjourned for Draft Issues to 19.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2025

Date: 19-07-2025
Business: Plaintiff No.1 (a) present.
None for defendants.
Issues are framed at Exh.16.
The plaintiff in-person made statement that, A.O. is pending before Honble High Court and same is posted for hearing on 08.10.2025. He requested to adjourn the suit beyond 08.10.2025.
Matter adjourned for recording evidence to 13.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: Plaintiff No.1 (a) present and informed that the matter pending in the Honble High Court but next date is not yet informed. Hence, adjourned.
None for defendants.
Matter adjourned for recording evidence to 12.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Plaintiff No.1 (a) present and seek time. Time granted.
None present for defendants.
On oral request of plaintiff No.1 (a), matter adjourned for recording evidence to 09.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: None present for plaintiff and defendants.
A.O. (Stamp) 31780/2018 is pending before Honble Bombay High Court. Hence, matter adjourned for recording evidence to 23.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Plaintiff No.1(a) present and submitted that, matter is referred to Mediation by Honble High Court and seek time. He seek longer date.
None present for defendants.
Matter adjourned for recording evidence to 11.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: Plaintiff No.1(a) present.
Adv. Sanjiv Mishra h/f. Adv. Ameya Kulkarni for defendant/MHADA present.
No evidence adduced by plaintiff since long. Matter is 05 years old. Keep for dismissal order for want of prosecution.
Matter adjourned for dismissal order to 20.07.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Plaintiff No.1(a) present.
Adv. Ashish Verma for plaintiff present.
None present for defendants.
Ld. Adv. for plaintiff present and submitted that, in a matter before Honble High Court between same parties, mediation is going on.
Matter adjourned for dismissal order to 19.08.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: Plaintiff No.1(a) present.
Adv. Ashish Verma for plaintiff present.
Adv. Ms. Atiksha Jain for defendant No.4 is present and filed application for dismissal of suit. Taken on record. It is marked at Exhibit 17. O- Other side to say. She undertook to supply its copy to plaintiff on the next date.
Adv. Mr. Sanjiv Mishra h/f Adv. Ameya Kulkarni for MHADHA is present.
Matter adjourned for compliance to 16.11.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2026

CHAMBER SUMMONS/100796/2018
CHAMBER SUMMONS/101595/2023
NOTICE OF MOTION/101262/2018

Registration Number: 100885/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100885/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 104217/2018
Filing Date: 20-03-2018
First Hearing Date: 28th March 2018
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE