Smt. Vanita Vijay SarangakarVsVidyadhar Arun Sarangkar +3 more

Date: 04-01-2021
Business: Adv. Mr. Deepak Pandey for the plaintiff is present.
Advocate Kunal Damle for the defendant no.5 is present.
Notice of motion along with affidavit is tendered by advocate for the plaintiff. O- Leave to register N/M is granted.  Issue notice to the defendants r/o 28/01/2021.
Issue summons to defendants r/o 28/01/2021.
Matter is adjd. to 28/01/2021 for service.
L.O.
Adv. Mr. Kandekar for the defendant no.7 is present.
Matter already is adjd. to 28/01/2021 for filing registered N/M and service.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Mr. Pankaj Dubey for the plaintiff.
Advocate for the plaintiff filed  regarding service of summons  to defendants No.5 and 7.
Application under Order 5  Rule 20 of CPC filed by advocate for the plaintiff.
ORDER
Perusal of the application and bailiff\''s report makes it clear that service of summons to defendants No.1 to 4 by ordinary mode of service is not possible. Hence, substituted service of summons under O.5 R.20 of CPC is allowed. Copy of the summons be affixed on the outer door or some other conspicuous part of the house of defendants No. 1 to 4, notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai. So also, the summons be published in a newspaper having wide circulation in Mumbai.
Advocate for the plaintiff tendered registered NM No. 88/2021 along with affidavit in support. t.o.r
KB
L.O.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Adv. Mr.Kunal Damle for the defendant No.5.
Vakalatnama filed by advocate for the defendant No.5. t.o.r.
Reply filed by advocate for the defendant No.5. t.o.r.
Advocate for the defendant No.5 filed registered N/M No. 94 /2021 along with affidavit in support. t.o.r.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.7.
Advocate for the defendant No.7 submits that the plaintiff has not served the copy of plaint to them.
The plaintiff is direction to  serve the copy of plaint to the defendant No.7.
Matter is adjd. to 22/03/2021 for compliance/service and NM reply.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Vikram Mishra for Plff.
Adv. Kunal Damale for deft no.5.
Adv. Khandekar for Deft no.7.
Deft no.1 present.
Summons filed by adv for the plff. t.o.r.
Matter is adjd. to 15/04/2021 for Filing WS and reply to NM.
Next Purpose: REPLY
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: REPLY
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and  NM No.1621/2018 (SU No.1542/2017) order and  inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 06/12/2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv Pathak H/f Adv Kandekar present for the MHADA.
Adv Darshan Jain present for the defendant nos. 1 to 4
He filed register NM NO.1317 of 2020 TOR
Matter is adjd. to 14.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 31.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv.Mishra for Plaintiff present and seeks time to file reply on N/m .Time is granted.
Adv. Damale for defendant no. 5 present.
Adv.Pawar defendant no. 1 to 4 present and
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Matter is adjd. to 16-04-2022
Next Purpose: REPLY
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Advocate Mr. Mishra h/f Advocate Mr. Deepak Pandey for the plaintiff present.
Mr.Darshan Jain for the defendant Nos.1 to 4 present.
Advocate Mr. Kunal Damle for defendant No.5 present.
Advocate Mr. Pathak h/f Advocate Mr. Kandekar for defendant No.7/ MHADA present.
Advocate for the plaintiff has filed draft Ch/S T.O.R.
ORDER: Leave is granted to register. Serve to other side.
ORDER IN NOTICE OF MOTION NO.94 OF 2021.
The Notice of Motion is taken out by defendant No.5 for dismissal suit against him by deleting his name.
Learned advocate for defendant No.5 submits that the suit is regarding a room situated at B.D.D. Chawls at Lower Parel.
contd. 1317/2020
Defendant No.5 is not concerned with the redevelopment of B.D.D. Chawls at Lower Parel, but he is concerned with BDD Chawls at Worli.  In support of this contention, the defendant\'' No.5 has produced a letter issued by MHADA along with the Notice of Motion which shows that he is concerned with the redevelopment of BDD Chawls at Worli in Lower Parel Division.
Learned advocate for the plaintiff has no objection to delete the name of defendant No.5.
Learned advocate for MHADA Mr.Pathak h/f advocate Mr. Kandekar is present and has no objection to allow the Notice of  Motion of defendant NO.5.
Learned advocate Mr. Darshan Jain h/f advocate Mr. Kudalkar is present and has no objection to allow the Notice of  Motion of defendant NO.5.
In the circumstances, it appears that defendant No.5 is neither necessary nor proper party to the suit and his presence is not going to affect the decision of the suit any way.  Hence, Notice of Motion No.94 of 2021 is allowed.  The suit is dismissed against defendant No.5 and the plaintiff is directed to delete his name and carry out necessary amendment within  time.
Notice of Motion No.94/2021 is disposed of accordingly.
Matter is adjd. to 20.06.2022.  for Ch/S reply
Next Purpose: REPLY
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Court is busy in hearing N/m in SU 2414/21, hence Board discharged.
Matter is adjd. to 22-08-2022  for reply.
Next Purpose: REPLY
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv.Deepak Pandey for plaintiff present and tendered register ch/s no. 777/22 alongwith affidavit in support.
As Court is busy in hearing argument in NM Nos. 754/22 and 2767/21 in Suit no. 2013/21 and NM Nos. 2766/21, 942/22 in Suit No. 2014/21. Hence, Board is discharged.
Matter is adjd. to 11.10.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Court is busy in dictating order in NM No. 1686/2019 and NM No. 4498/17 in Suit No. 287/2017. Hence, Board is discharged.
Matter is adjd. to 02.12.2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: As court is busy in hearing arguments in NM no. 614/21 in Suit No. and other matters on board. Hence, Matter is adjd. to 23.01.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Anisha Singh h/f Adv. Deepak Pandey for plaintiff present.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft no. 7 present.
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Deft nos. 1 to 4/State present and seeking time to file reply. Time granted.
Matter is adjourned to 29.03.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Deepak Pandey for plaintiff present.
Adv. Kandekar for defendant / MHADA present.
Last chance granted to Defendant to file reply to Chamber Summons No. 777/22.
Matter is adjourned to 13.06.2023 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Mr. Abhishekh Singh for the plaintiff is present.
Adv. Mr. Phatak h/f Adv. Kudalkar for defendant Nos. 1 to 4/State is present.
Adv. Mr. Kandekar for defendant No. 7/MHADA is present.
Advocate for the plaintiff sought time to file affidavit of service and also for filing reply to the NM of defendant Nos. 1 to 4.
Adjourned for Ch/s reply/NM reply/affidavit of service to 11.08.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Adv. Mr. Deepak Pandey for the plaintiff is present.
Adv. Ms. Shaikh h/f Adv. Kudalkar for defendant Nos. 1 to 4/State is present.
Adv. Mr. Kandekar for defendant No. 7/MHADA is present.
Adv. for the plaintiff supplied copy of Ch/s to defendants.
The following Order is passed on Ch/s No. 777/2022:
	Plaintiff has taken out present Ch/s for replacing name of defendant No. 5 as per schedule. Defendants gave their no objection to the Ch/s. Hence, I proceed to pass following Order:
ORDER
1.	Chamber Summons No. 777  of 2022 is made absolute.

2.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
3.	Chamber Summons No. 777 of 2022 stands disposed off.
The following Order is passed on NM No. 2269/2021:
	Defendant Nos. 1 to 4 have taken out present NM for condonation of delay of 200 days in taking out NM for filing WS on record. Plaintiff file reply to NM overleaf and opposed the NM by submitting that no reasonable grounds are shown by defendant to condone delay. Hence, NM be dismissed. It is submitted on behalf of defendants that due to Covid Pandemic Situation and lock down defendants could not filed WS within time. Considering, the rival submissions, it would be just and proper in the interest of justice to condone delay in filing WS for deciding rights between the parties finally on merit. Hence, I hold that NM deserves to be allowed. Hence, I proceed to pass following Order:
ORDER
1.	Notice of Motion No. 2269 of 2021 is made absolute.
2.  	Delay caused in filing written statement is hereby condoned 	and defendant Nos. 1 to 4 are directed to file written 	statement on the next date.
3.	Notice of Motion No. 2269 of 2021 stands disposed off.
Matter is adjourned to 25.08.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Ms. Anisha Shaikh for the plaintiff is present.
Adv. Ms. Nilam Shikah h/f Adv. Kudalkar for defendant Nos. 1 to 4 is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.7 /MHADA is present.
Adv. for defendant Nos. 1 to 4 filed written statement. TOR. It is marked at Exh. 07. O- R&R. Copy is supplied to the other side.
Adv. for the plaintiff filed application seeking extension of time to carry out amendment before next date. TOR. It is marked at
Exh. 08. O- Time is extended till the next date.
Matter is adjourned to 06.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Adv. Mr. Deepak Pandey for the plaintiff is present.
Adv. Ms. Kandekar for defendant No. 7/MHADA is present.
Adv. for the plaintiff submitted that he has already carried out amendment and today he is supplying amended copy of the plaint on record and to the other side.
Matter is adjourned to 15.12.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Adv. Mr. Guruling for the plaintiff is present.
Adv. Ms. Vaibhavi Pawar for defendant Nos. 1 to 4/ State is present.
Adv. for plaintiff filed pursis for taking on record the tracking report. He seeks time to file affidavit of service. Time is granted.
Matter is adjourned to 26.02.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Court is busy in hearing arguments in E.A.No. 455/22 and E.A.No. 456/22 and Suit No.2679/19. Hence, Board is discharged. Matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Court is busy in hearing argument in Ch/s in EA 455/22 and EA 456/22 and other urgent matter on board. Hence, board decharged
Matter is adjourned to 12.07.2024 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: Adv. Mr.Abhisek Singh for the plaintiff is present.
Adv.Darshan Jain h/f Adv. Kudalkar for defendant No.1 to 4 is present.
Adv. Ms. Shweta h/f Adv. Kandekar for defendant No.7 /MHADA is present.
Matter is adjourned to 09.09.2024 for affidavit service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Adv. Anisha Shaikh present for plaintiff and sought adjournment.
Advocate Shweta h/f. Advocate Kandekar for defendant/MHADA present.
Adv. T. A. Dhotre for defendant no. 1 to 4 present.
Time granted for filing affidavit of service.
Matter is adjourned to 27/11/24 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Adv. Deepak Pande present for plaintiff and he filed affidavit of service.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
Adv. Farkanda Shaikh h/f Adv. Kudalkar present for defendant/State.
Defendant/MHADA failed to file WS in this matter. Hence, Matter be proceeded further without their WS.
Matter is adjourned to 06/01/24 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Adv. Guruling Samagond h/f Adv. Deepak Pandey present for plaintiff.
Adv. T. A. Dhotre for defendant no. 1 to 4 present.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
Copy of NM served to defendant no. 5 already by post.
Plaintiff is directed to serve the copy to defendant no. 1 to 4, 6 and 7.
Matter is adjourned for affidavit of service/Reply to 25/02/25.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: Adv. Guruling Samagond present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
As the Court is busy in hearing arguments in N/M No.1225/2024 in Suit No.1163/2024.  Hence, board is discharged and Matter is adjourned to 18/08/25 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: None present for plaintiff.
Adv.Shaikh h/f Adv. Kudalkar for defendant No.1 to 4 is present.
Adv.Devayani Pawar h/f Adv.Kandekar present for defendant(MHADA).
Matter is adjourned to 10.11.2025 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Deepak present for plaintiff filed application. TOR and marked as Exh.9. O-Reissue Suit summons to defendant no.5.
Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant nos.1 to 4/State present and submitted that she will file say on next date.
Re-Issue Suit Summons through bailiff to the defendant no.5 for settlement of Issues.
Matter is adjourned to 16.02.2026 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: Adv. Adarsh G. Samagond h/f Adv. Deepak Pandey present for plaintiff and filed bailiff report. TOR and marked as Exh.__.
None present for defendants.
As Court time is over in dictating judgment in Suit no.4858/2012 and recording evidence in NDPS Spl Case 2291/2023. Hence, Matter is adjourned to 22.04.2026 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: None present for plaintiff and defendants.
Today plaintiff and her advocate absent. No Writ of summons is received as per direction dated 07.01.2026 hence keep the NM 88/2021 for further order.
Matter is adjourned to 19.09.2026 for further order on NM.
Next Purpose: ORDER
Next Hearing Date: 19-09-2026

Date: 19-09-2026
Business: Adv. Guruling Samagond present for plaintiff and filed application for extension of time to serve writ of summons to defendant no.5. TOR and marked as Exh.11. O-Time is extended till next date.
Adv. R. K. Tripathi present for defendant nos.3, 4 and 7.
Matter is adjourned to 27.10.2026 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2026

NOTICE OF MOTION/102269/2021
NOTICE OF MOTION/100094/2021
CHAMBER SUMMONS/100777/2022
NOTICE OF MOTION/100088/2021

Registration Number: 101317/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 104616/2020
Filing Date: 19-09-2020
First Hearing Date: 04th January 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE