Date: 10-12-2020
Business: None for plaintiff.
Adv. Mrs. Dhuri for def/BMC present.
The matter is in Board Dept. same is not received back.
Plaintiff did not filed any reply despite sufficient time is given.
Adv. For def/Bmc has submitted that arguments are already over.
Earlier order, if any, to continue till next date.
L.O. at 2.50 p.m.
Adv. for plaintiff present and filed reply (Exh-3). Copy served on other side.
Adjd. for N/M Hearing to extent of Exh-2 to 17/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Kudalkar for plaintiff present. He requested for time. O:- Finally Granted.
Adv. Dhuri for def/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing to extent of Exh.02 to 14.01.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Advocate Suraj Kudalkar for plaintiff present.
Advocate Dhuri for deft/BMC present.
Earlier order, if any, to continue till next date.
Heard argument on Exh-2.
Adjourned for reply argument to 28/01/2021.
Next Purpose: REPLY
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Advocate for plaintiff present.
Advocate Mrs. Meena Dhuri for deft/BMC present.
F.R.S.R. Following order is passed on NM No.1362/20
ORDER
1. Notice of Motion No.1362/2020 is hereby dismissed.
2.Costs in cause.
3. Notice of Motion No.1362/2020 is accordingly disposed of.
Ld. advocate for plaintiff moved application Exh.4 for stay of order passed in Notice of Motion No.1362/20 and continuation of the earlier order for further four weeks. Ld. Advocate for defendant BMC has strongly objected the application. Heard both the learned advocates. There was ad-interim order till today. Plaintiff wants to challenge the order in Notice of Motion before appellate court. For reasons the execution and implementation of impugned notice be stayed for two weeks from today with no further extension.
Reply cum Written Statement of defendant BMC is already on record. It is marked as Exh.5
Authenticated copy of today\''s roznama be given to both the parties.
Adjourned for draft issues to 23.03.2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for draft issues to 24/06/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: As court is on leave. matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Court is on Leave
Adjd for Draft issues to 11.11.2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: By Precipe
Advocate Darshan Jain holding for Suraj Kudalkar Applicant/Plaintiff present.
Advocate for Applicant filed vakalatnama t.o.r. Marked as Exh. 6
O - Seen and filed.
Advocate for Applicant filed draft Ch/s alongwith affidavit in support
O-Leave is granted to register Ch/s
Already Adjd for Ch/s Reply to 11.11.2021
Next Purpose: C/S REPLY
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Court is on Leave
Adjd for Ch/s Reply to 27.01.2022
Next Purpose: C/S REPLY
Next Hearing Date: 27-01-2022
Date: 27-01-2022
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 for Ch/s Reply to 31.03.2022
Next Purpose: C/S REPLY
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Advocate Suraj Kudalkar for plaintiff present and filed registered Chamber Summons No. 1224/2021.
Advocate Smt. Meena Dhuri for defendant/BMC present and filed reply to Chamber summons No. 1224/2021 itself.
Heard argument on both sides on Chamber Summons NO. 1224/2021.
Adjd for Ch/s No. 1224/2021 Order to 05.04.2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Advocate Darshan Jain h/f. Adv. Kudalkar for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
F.R.S.R. Following Order passed on Chamber Summons:
ORDER
1. The Chamber Summons No. 1224/2021 is allowed.
2. The proposed amendment shall be carried out in the plaint as per schedule annexed with the chamber summons within 14 days from today.
3. The Chamber Summons No.1224/2021 is disposed off.
Adjd for Compliance to 07.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Court is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Advocate Darshan Jain for plaintiff present and filed application for extension of compliance Marked as Exh.7
O- Other side to say.
Advocate Smt. Meena Dhuri for defendant/BMC present
Order below Exh. 7-
FRSR FOLLOWING ORDER PASSED
ORDER
Application of Exhibit. No. 7 is rejected.
Application of Exhibit. No. 7 is disposed off.
Adjd for Draft Issues to 30.08.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Draft issues to 01.12.2022
L.O.1.02 p.m.
Advocate Darshan Jain for plaintiff present and filed application U/s 148 of CPC for permission to carry out amendment in the plaint as per the order dated 05.04.2022 Marked as Exh. 8
O- Perused application today, plaintiff is ready to carry out the amendment. Hence permission is granted to carry out the amendment.
Adjd for Draft issues to 01.12.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: None for Plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for issues to 21-03-2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Draft issues to 11.07.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff is not filed amended copy of plaint hence plaintiff is directed to serve amended copy of plaint to other side on next date.
Matter adjourned for Compliance to 24.08.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Plaintiff is directed to serve amended copy of plaint to the other side.
Matter adjourned for compliance to 21/11/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Advocate Darshan Jain present for plaintiff and sought adjournment for filling amended copy of plaintiff. O- Granted..
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for filling amended copy of plaint/compliance to 13/2/24.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: Advocate Suraj Kudalkar present for plaintiff and filed amended copy of plaint. O filed.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for draft issues to 18.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Advocate None present for plaintiff.
Advocate Jyoti Mhatre present for defendant/BMC.
Issued framed at Exh. 9.
Matter adjourned for filing evidence of plaintiff / RE to 05.09.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: Advocate Surah Kudalkar present for plaintiff and sought adjournment for filing evidence of plaintiff. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff to 10.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: NOB TOB
Advocate Suraj Kudalkar present for plaintiff.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter referred for Lok Adalat.
Matter adjourned for Lok Adalat report to 14.12.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024
Date: 14-12-2024
Business: Plaintiff absent.
Ld. Advocate for Plaintiff absent.
Defendant/BMC present.
Ld. Advocate Amar Patil h/f Ld. Adv. Jyoti Mhatre for Defendant present.
Defendent no.1 Jr. Engineer BMC Pratiksha Mate present
On oral request of Ld. Advocates of defendant matter returned back to court.
Matter is adjd for 30.01.2025 to N.M. hearing
Next Purpose: HEARING
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: COURT IS ON LEAVE.
Next Purpose: HEARING
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Advocate Suraj Kudalkar present for plaintiff and sought adjournment for filing evidence of plaintiff. O- Granted.
Advocate Neeta Jadhav present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 24.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2025
Date: 24-06-2025
Business: Advocate Darshan Jain h/f Adv. Suraj Kudalkar present for plaintiff and sought adjournment. O- Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff /RE to 02.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2025
Date: 02-09-2025
Business: Advocate Suraj Kudalkar present for plaintiff and seeks time. O - Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff/RE to 11.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: COURT IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: Advocate T. A. Dhotre h/f Adv. Kudalkar present for plaintiff and sought adjournment. O- Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff/RE to 17.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Adv. Aditya Ragde h/f Adv. Suraj Kudalkar for the plaintiff present and seeks time. O - Time granted as last chance.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for Recording evidence to 24.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2026
Date: 24-03-2026
Business: Advocate Darshan Jain h/f Adv. Suraj Kudalkar present for the plaintiff and filed evidence affidavit of Shri Chetan Subhash Khanvilkar. TOR and marked as Exhibit 10. O - Read and recorded. He also filed compilation of document at Exhibit 11. O- Other side to say.
Plaintiff is directed to serve the copy of evidence affidavit upon defendant.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for say and hearing on compilation/RE to 16.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: Advocate Sanjana Gaikwad h/f Adv. Suraj Kudalkar present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and seeks time. O - Time granted.
Matter adjourned for recording evidence to 16.07.2026.
Later on at 05.50 pm
Writ received from Honble Bombay High Court on Dt. 11-06-2026, Having D.D. (AO) No. - C0710233/2026, Dt. 04/05/2026 In Appeal From Order No. 99 of 2021 With Interim Application No. 962 of 2021 (For Stay) with Interim Application No. 2941 of 2026.
(Coram - Farhan P. Dubash, J.) has on 01th April, 2026 passed the following order -
ORDER
(I) The Tiral Court is requested to hear and dispose of Suit No. 1368 of 2020 as expeditiously as possible and in an any event, on or before 30th January 2027. Till then, interim protection that was granted to the Appellant/original Plaintiff by this Court vide order dated 11th March 2021 shall continue to operate.
(ii) It goes without saying that the Trial Court whilst disposing of the Suit would not be influenced by the interim orders passed by it and also by this Court.
(iii) The present Appeal From Order is disposed of in terms of the above order with no order as to costs.
(iv) All pending Interim Applications taken out in the present Appeal from Order if any, also stand disposed of in terms of this order.
Matter is rescheduled and kept on 18.06.2026. Parties to take note.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Advocate Suraj Kudalkar present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and filed overleaf say on Exhibit 11.
Heard parties on admissibility of documents. Document filed at Sr. No. 1 i.e. Rough sketch map is not having any scale, hence it is not taken into consideration. Document at Sr. No. 2 I..e. share certificate in respect of Room No. 10 and 11 are marked as Exhibit 12 and Exhibit 13 respectively. Document at Sr. No. 3, 5, 6, 7, 8, 9, 11 being photocopy documents are not taken into consideration. Document at Sr. No. 4 is marked as Exhibit 14. Document at Sr. No. 10 is marked as Exhibit 15. Document at Sr. No. 12,13, and 14 are marked as Exhibit 16 to Exhibit 18 respectively.
Matter adjourned for Recording evidence to 02.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Advocate Darshan Jain a/w Adv. T. A. Dhotre h/f Adv. Kudalkar present for the plaintiff and filed adjournment application. TOR and marked as Exhibit 19. O - Short adjournment is granted.
Advocate AmarPatil present for defendant/BMC.
Matter adjourned for recording evidence to 07.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-07-2026
Date: 07-07-2026
Business: Advocate Suraj Kudalkar present for the plaintiff and seeks adjournment. O - Adjournment granted.
Advocate Sheetal Waghmare present for defendant/BMC.
Matter adjourned for recording evidence to 14.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Advocate Suraj Kudalkar present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Further Chief examination and Cross-examination of PW-1 is commenced and completed.
Matter adjourned for recording evidence to 21.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 21-07-2026
Date: 21-07-2026
Business: Advocate Suraj Kudalkar present for the plaintiff and filed draft Chamber Summons alongwith affidavit in support of same. Taken on record. O- Leave Granted to register it.
Advocate Ruhi Hajare present for defendant/BMC and opposed the Chamber summons by submitting that Chamber Summons is not as per law. Record reflects that the documents filed by the plaintiff at list Exhibit 11 were denied by defendant/corporation. Heard parties.
Considering the prayer and affidavit in support, draft Chamber Summons is allowed in terms of prayer clause (a) on payment of necessary witness Bhatta as per rules. Matter is H.C.T.B. Plaintiff to take necessary steps for compliance at the earliest. Accordingly draft Chamber Summons is disposed of. Draft Chamber Summons be registered for statistical purpose.
Matter adjourned for recording evidence to 28.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-07-2026
Date: 28-07-2026
Business: Advocate Darshan Jain h/f Adv. Suraj Kudalkar present for the plaintiff and seeks time for issuance of witness summons. O - Time extended for issuance of witness summons.
Advocate Amar Patil h/f Adv. Ruhi Hajare present for defendant/BMC.
Matter adjourned for recording evidence to 06.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2026
Date: 06-08-2026
Business: Advocate Suraj Kudalkar present for the plaintiff and filed three witness summons. TOR and marked as Exhibit 20, Exhibit 21 and Exhibit 22 respectively.
Advocate Kamini Pagare present for defendant/BMC and seeks adjournment. O - adjournment granted.
Matter adjourned for recording evidence to 13.08.2026.
Later on
Adv. Akash Dubey h/f Adv. Suraj Kudalkar for plaintiff present and filed pursis for time to be extended to serve the writ of summons to the secretary and to the Asst. Commissioner (Estate). TOR and marked as Exhibit 23. O - Time extended.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-08-2026
Date: 13-08-2026
Business: Advocate Suraj Kudalkar present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC.
Chief examination of PW-2 by Adv. Suraj Kudalkar for plaintiff is recorded and completed at Exhibit 24.
Chief examination of PW-3 by Adv. Suraj Kudalkar for plaintiff is recorded at Exhj and completed at Exhibit 25.
Chief examination of PW-4 by Adv. Suraj Kudalkar for plaintiff is recorded and completed at Exhibit 26 and following document is marked.
Exhibit 27 - Proposal.
Advocate for plaintiff filed Copy of Summons. TOR and marked as Exhibit 28. O - Seen.
Officer of BMC, Sub Engg. (Estate) filed adjournment application. TOR and marked as Exhibit 29. O - Granted.
Matter adjourned for recording evidence to 20.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Advocate Darshan Jain h/f Adv. Suraj Kudalkar present for the plaintiff and filed affidavit of service. TOR and marked as Exhibit 30. O - Seen. He also filed application for issuance of bailable warrant against the witness. TOR and marked as Exhibit 31. O - Read application and affidavit of service at Exhibit 30. Hence issue bailable warrant of Rs.1000/- as prayed on P.F.
Advocate Kamini Pagare present for defendant/BMC.
Chief examination and cross-examination PW-5 is recorded and completed at Exhibit 32 and following documents taken on record.
Exhibit 33 - The document at Sr. No. 8 issued by defendant/BMC.
Exhibit 34 - Document filed by plaintiff at Sr. No. 11.
Chief examination and cross-examination of PW-06 is recorded and completed at Exhibit 35.
Matter adjourned for recording evidence to 27.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Advocate Darshan Jain h/f Adv. Suraj Kudalkar present for the plaintiff and seeks time for taking steps. O - Time granted.
Advocate Kamini Pagare present for defendant/BMC.
Matter adjourned for taking steps to 03.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: Advocate Suraj Kudalkar a/w Adv. T. A. Dhotre present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC.
Witness Dattatray Shelke present and filed adjournment application. TOR and marked as Exhibit 36 O - Other side to say. No say filed by plaintiff.
Bailiff report received. TOR and marked as Exhibit 37.
Matter adjourned for recording evidence to 10.09.2026.
Later on at 01.30 pm
Adv. Suraj Kudalkar for the plaintiff present and filed application at Exhibit 38 for return of original document at Exhibit 13. It is submitted by the plaintiff that the document Exhibit 13 i.e. share certificate the return to the plaintiff as the society has initiated re-development project of the existing building. The advocate for the defendant/BMC filed her say and submitted that the document may be returned on condition that it would be produced as and when required by the court. Considering the submissions, the document at Exhibit-13 be returned to the plaintiff after filing certified copy of the same on record with condition that it would be produced as and when directed by this court.
The Sheristedar of this court is directed to obtain acknowledgment of the plaintiff about receipt of the document Exhibit-13 in roznama and list of document after certified copy of the same is placed on record. Accordingly, application is disposed of.
Matter adjourned for recording evidence to 10.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 10-09-2026
Date: 10-09-2026
Business: Advocate Suraj Kudalkar present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC.
Adv. Abhijeet Mangade for intervenor present and filed vakalatnama. TOR and marked as Exhibit 39. O - Seen. He also filed draft Chamber Summons alongwith affidavit in support of same. Taken on record. O- Leave Granted to register it . Copy served.
Advocate for intervenor filed list of document. TOR and marked as Exhibit 40. O - Seen.
Matter adjourned for CS reply/CS returnable to 16.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-09-2026
Date: 16-09-2026
Business: Advocate Aditya Ragade h/f Advocate Kudalkar present for the plaintiff.
Advocate Rohit Gaikwad h/f Advocate Kamini Pagare present for defendant/BMC.
Matter adjourned.
Later on
Applicant filed registered Chamber Summons No. 2300 of 2026.
Plaintiff seeks time for filing reply. O-Time granted.
Advocate Abhijeet Mangade a/w Shri Dattatray Shelke Honble Secretary present for applicant/defendant No.2.
Matter adjourned for filing reply to Chamber Summons to 28.09.2026
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-09-2026
Date: 28-09-2026
Business: Adv. Suraj Kudalkar present for the plaintiff and seeks time for filing reply to CS. O - Time granted.
Advocate Rohit Gaikwad h/f Adv. Kamini Pagare present for defendant/BMC.
Adv. Shrusti Pawar for intervenor present.
Matter adjourned for CS reply to 01.10.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-10-2026