M/s. Sanjay Builders and Developers +4 moreVsMr. Mohd. Kalim Shaikh +4 more

Date: 12-04-2018
Business: Adv. Giriraj for plaintiff present and tendered original notice of motion no.1394/2018 along with affidavit.
Adv. Ms. Gonsalves for D-1,2 and 5 present.
Matter adj. for Reply and Hearing in NM to 23.04.2018.
Next Purpose: FOR___________________
Next Hearing Date: 23-04-2018

Date: 23-04-2018
Business: Adv. Giriraj for plaintiff present.
None for defendant.
Ld. Counsel for plaintiff submits that the matter is wrongly listed today and it was adjourned to 25.04.2018.
Hence matter adj. to 25.04.2018.
Later on at 04.00 pm.
Adv. Ms. Gonasalves for D-1,2 and 5 present and filed VP on behalf of D-1,2 and 5.
She also filed reply to notice of motion no. 1394/2018.
She undertakes to serve copy to the other side today.
Hence matter adj. for NM Hearing to 25.04.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2018

Date: 25-04-2018
Business: Adv. Giriraj for plaintiff present.
Adv. Ms. Gonsalves for D-1,2 and 5 present.
Heard the ld counsel for both sides.
Ld. Counsel for defendants no.1,2 and 5 submits that notice of motion cannot be heard today as the date fixed by this court on 12.4.2018 was 23.4.2018 and on 23.4.2018 it was wrongly mentioned before the court that the matter should be listed on 25.4.2018.
Ld. Counsel for plaintiff submits that the matter is urgent since on 26.3.2018, this court has passed ad-interim order directing both the parties to maintain status quo in respect of possession and under the garb of said order, D-1,2 and 5 are interfering in the development activities of the plaintiff.
When this court asked to Ld. Counsel for D-1,2 and 5, whether they are ready for hearing in the notice of motion on 26.4.2018 or 27.4.2018, Ld. Counsel for D-1,2 and 5 has refused and submits that she can argue only on 2.5.2018. However on 2.5.2018 it is not possible for this court to hear the matter since there are
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: Adv. P.D. Gandhy for plaintiff present.
Adv. Ms. Gaonsalves for D-1,2 and 5 present.
Heard both sides in NM No.1394/2018.
Matter adj. for Order in NM No.1394/2018 to 03.05.2018 in morning session.
Next Purpose: ORDER
Next Hearing Date: 03-05-2018

Date: 03-05-2018
Business: Adv. Giriraj for plaintiff present.
None for defendant.
FRSR. The following order is passed in NM No. 1394/2018 -
ORDER
The notice of motion no. 1394/2018 is made absolute in terms of prayer clauses (a) and (b) only.
The plaintiff is directed to file affidavit of service in respect of service of writ of summons on all the defendants.
Matter adj. for Compliance to 25.07.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2018

Date: 07-05-2018
Business: Not on Board Taken on Board By Precipe
Adv. Ms. Eventa Gonsalves for D-1,2 and 5 present.
Adv. Hardik Desai  for plaintiff present.
Adv. for D-1, 2 and 5 has filed application at Exh.3 for continuation of ad-interim order dated 26.3.2018 and for staying the operation of final order dated 3.5.2018 passed in notice of motion no. 1394/2018, to enable the defendants no. 1,2 and 5 to file appeal before the Hon\''ble High Court.
Heard Ld. counsel for both sides.
This court had passed ad-interim order on 26.3.2018 in notice of motion no.1394/2018 whereby both the parties were directed to maintain status quo in respect of possession of suit premises as on that day.
The notice of motion no.1394/2018 was heard finally on 27.4.2018 and by order dated 3.5.2018, the notice of motion has been partly allowed. D-1,2 and 5 have been temporarily restrained from interfering with the possession of the plaintiffs over suit premises and from creating obstruction in the development work carried on by th
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv. Rohan for plaintiff present and seeks time for withdrawal of the suit.  Time granted.
None for defendant.
Matter adj. for Withdrawal to 26.09.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: Adv. Giriraj for plaintiff present.
None for defendant.
Ld. Counsel for plaintiff submits that the Appeal before Hon\''ble High Court has been disposed of on the basis of consent terms. He undertakes to produce the copy of the order and the consent terms on the next date. However he has produced photocopy of order dated 8.6.2018 passed in suit no.585/2017 between the same parties. He submits that he will take instructions whether the present suit is survives in view of the disposal of the said suit.
Matter adj. for Compliance to 02.11.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: Adv. Koustubh Patil for plaintiff present and requested to keep back the matter.
None for defendant.
Since court is busy in recording evidence in suit no.139/1988, matter adj. for Compliance to 18.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Adv. Mishra for plaintiff present.
Ld. counsel for plaintiff submitted that he intends to withdraw the suit and wants time to seek instructions from his client in that regards. Time granted .
Matter stands Adj for taking steps to09.08.19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Plaintiff and defendant are absent.
for the last date counsel for the plaintiff at submitted that plaintiff wants to withdraw the suit. He prayed for time to take instructions from the plaintiff.
Today neither the plaintiff , nor the advocate is present.
Hence, Matter stands Adj for Dismissal order to 29.07.2019
Next Purpose: DISMISSAL
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv. Desai for plaintiff present.
None present for defendant.
Matter stands Adj for hearing on maintainability to 16.09.19.
Next Purpose: HEARING
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Gonsalvis for plaintiff present.
Adv. Kaustubh Patil for defendant present.
Heard both sides. Ld. counsel for plaintiff submitted that plaintiff wants to withdraw the suit. Today, plaintiff is absent. Hence, prayed for short adjournment. Last chance granted to plaintiff.
Matter stands Adj for withdrawal/dismissal of suit to 16.10.19.
Next Purpose: WITHDRAWAL
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Kaustubh Patil for plaintiff present.
None present for defendant.
Heard. He submitted that he wants extension of the time for withdrawal of the suit as certain compliances are yet to be made. He submitted that matter may be kept for directions. Adjournment granted.
Matter stands Adj for directions to  27.11.19.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv. Giriraj for plaintiff present.
None present for defendant.
Matter stands Adj for directions to 24.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None present for plaintiff.
Representative of defendant no.5 present.
As per record plaintiff was granted time to withdraw the suit. But no steps have been taken for withdrawal. Hence  Matter stands Adj for dismissal order to 15.02.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Aditya Khare for plaintiff present
None present for defendant.
Written statement not filed.
Matter stands Adj for dismissal to 29.02.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: The court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: Adv. Rashmi Panchal h/f Adv. P. D. Gandhy for plaintiff present.
There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for dismissal to 18.04.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 08-05-2020

Date: 08-05-2020
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: DISMISSAL
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for plaintiff and Defendant
Matter stands Adj for Dismissal to 13.01.2021
Next Purpose: DISMISSAL
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Advocate Giriraj for plaintiff present and submits that the Plaintiff has instructed him that the Plaintiff does not intend to withdraw the suit. He prayed for time.
   Roznama indicates that since July 2018 the Plaintiff has sought time again and again for withdrawal of the suit and now has instructed his advocate that he will go on with the matter.
None for defendant.
The case is adjourned to 15.02.2021 for no Written Statement order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Advocate Ms.Yashvi Panchal i/b P.D.Gandhy and Associates for plaintiff present and tendered application for withdrawal of suit. TOR and marked as Exh.4.
She undertakes to keep the Plaintiff present on next date.
None for defendants.
The case is adjourned to 24.02.2021 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Advocate Ms. Yashvi Panchal for plaintiffs present and submitted that Plaintiffs are not giving instructions.
Defendants have failed to file written statement. Suit be listed for evidence without Written statement.
The case is adjourned to 19.03.2021 for Evidence/written statement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None present.
KB
LO at 2.45pm
None present.
The case is adjourned to 06.04.2021 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 23.06.2021 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Court is vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Matter called out at 12.19 p.m.
Adv. Giriraj for plaintiff present.
Sanjay Makhija, the partner of plaintiff firm present. He wanted to withdraw the suit unconditionally as the matter is settled.
O-Suit allowed to withdraw.
Suit is disposed of as withdrawn.
Necessary court fee to be refunded as per rules.
Suit disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-10-2021

NOTICE OF MOTION/101394/2018

Filing Number: 104233/2018
Filing Date: 20-03-2018
First Hearing Date: 12th April 2018
Decision Date: 20th October 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE