Shri. Sanjay Balkrishna DalviVsMHADA +2 more

Date: 25-07-2019
Business: Adv. A.D.Parab for the Plaintiff present.
Draft NM alongwith affidavit in support taken out by Plaintiff for restraining Defendant no.2 from not to enter or execute the agreement for permanent alternate accommodation going to be alloted in view of suit premises with Defendant no.3.TOR Leave granted to register.
Deft no. 3 present.
She seeks adjournment for filing reply and W/st granted.
Issue writ of summons to Defendant no. 1 and 2
Matter is adjd. to 16.08.2019 for proof of service of writ of summons and motion to Defendant no.1 and 2/ reply and w/st by Defendant no.3
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Lokre for the Plaintiff present.
Adv. More for Defendant-3 present.
Vakalatnama tendered by Defendant-3.t.o.r. O-filed.
Adv. Prabhu for MHADA Defendant no.  present.
As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 14.01.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. Rutuja Lokre for Plaintiff is present.  She tendered registered NM No.3109/2019 along with affidavit in support and also filed affidavit of service.
Adv. Prabhu for defendant no.1 is present.  She seeks time for tendering NM reply.  Granted as a last chance.
Adv. Pushpa Thapa h/f Adv. Kavita Shah for defendant no.2 is present.  She filed vakalatnama. She seeks time for tendering NM reply.  Granted as a last chance.
Adv. Ghadigaokar for defendant no.3 is present.  He seeks time for tendering NM reply.  Granted as a last chance.
Matter is adjd. for NM reply/WS within stipulated period to 06.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Lokare for plaintiff is present.
Adv.  Chandan Yadav for defendant no. is present. He tendered draft N/M a/w affidavit in support.  Copy is served to advocate of the plaintiff.
Defendant no.3 failed to file reply on N/M.3109/2019 Therefore, no reply/order is passed against the defendant no.3.
Adv. Prabhu for defendant no.1 is present.
Adv. Pushpa Thapa for defendant no.2 is present.
Matter is adjd. for N/M hearing to .  20/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for both the sides.
Matter is adjd. to 24.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Lokare for plaintiff
Adv. Gadigaonkar for defendant No.2.
Adv. Thapa for defendant No.3.
Advocate for the defendant No. 2 tendered registered N/M No.1062/2020 along with affidavit in support. t.o.r.
On oral request of the ld. advocate for the defendant No.2 time to register NM is extended.
Matter is adjd. to 27/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: REPLY
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is on leave.,
Next Purpose: REPLY
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None for plaintiff.
Adv. Thapa for defendant No.2 present.
Matter is adjd. to 13/01/2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: REPLY
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
None present for plaintiff.
Adv. Ms. Shaha for defendant No. 2 is present and tendered affidavit in reply in NM No. 3109/19. TOR.
It appears that inspite of just opportunity plaintiff failed to file reply to NM No. 1062/20. Hence, it is proceed without reply of plaintiff.
As the plaintiff and his advocate are absent.
Matter adjourned for NM hearing to 25.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv.  Parab present  for defendant no. 02.
Adv. Kavita shah present for defendant 02.
Adv. Hemant Ghadigavkar present for defendant 03.
Heard ld. Adv. For defendant no. 02 ld. Adv. For defendant no. 02 on NM no. 1062/2020.
Order on Notice of Motion No. 1062/2020.
                                     ORDER-
   Defendant no. 02 has taken out present Notice of Motion for condonation of delay in filling WS if any and for taking its WS on record.
      Head ld. Adv. For defendant no. 02 and ld. Adv. For plaintiff.
     Perusal of affidavit in support of notice of motion reveals that, it is contention of plaintiff that till date that writ of summons is not served upon it. The above contention of defendant no. 02 is not challenged by the plaintiff. Therefore, from the affidavit in support of NM, it appears that, defendant no. 02 has demonstrated just an exceptional cause for non filling of WS earlier and for condonation of delay in filling WS. Moreover, considering the nature of the suit in order to give fair opportunity to the defendant no. 02 to defend the suit, it will be appropriate to condon the delay in filling WS if any and to take on record the WS of defendant no. 02. No prejudice will be cause to the plaintiff.
      Considering the matter on record and above discussion, Notice of Motion deserves to be made absolute. Hence, court proceeds to pass the following order.
                                 ORDER
1)  Notice of Motion no. 1062/2020 is made absolute.
2)  WS of defendant no. 02 be taken on record if tendered by defendant no. 02, today or on or before next date.
3) Notice of Motion 1062/2020 is disposed off accordingly.
Adv. For defendant no. 02 tendered WS of defendant no. 02. t.o.r marked as Exh. 04.
Authenticated copy of Roznama be given to both the parties if requested.
Matter adjourned for hrg. On NM of plaintiff to 04/05/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Adv. parab present for plaintiff.
Adv. Kavita Shah present for defendant 02.
As court is busy in dictating order on chs. no. 1512/2019 in suit no. 1184/2018 and chs. no. 455/21 in suit no. 2565/2010. Hence,
Matter adjourned for nm hrg. to 01/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: None present for plaintiff.
Adv. Shaha for defendant no.2.
Adv. Shinde for defendant no.3 present and tendered original registered NM No. 998/21 along with affidavit. T.O.R.
As plaintiff and his advocate are absent.
Matter adjourned for NM dismissal order to 17.08.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv Parab present for plaintiff and sough time to file reply to Notice of Motion.
Adv Pallavi Chatterjee present for defendant no 03.
Adv R.R. Pawar h/f Adv P.G. Lad present for defendant no. 04.
Adv Pushpa Thappa present for defendant no. 02.
Matter adjourned for Notice of Motion reply to 25.08.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Abhay parab present for plaintiff and sought adjournment to file reply.
Adv. Pushpa thapa present for defendant 02.
Adv. Pallavi chaterji present for defendant no. 03.
Matter adjourned for nm reply to 10/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Shalaka Sable present for plaintiff and sought adjournment to file reply to nm no. 998/2021.
Adv. Pushpa thapa present for defendant.
Adv. Chandansingh present for defendant no. 03.
F.R.S.R. following order is passed on Notice Of Motion No.  3109/2019.
1) Notice of Motion No. 3109/2019 is dismissed.
2) Notice of Motion No. 3109/2019 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for nm reply as a last chance to 17/11/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv Parab present for plaintiff and submitted that in the last roznama dtd. 10.10.2022 NM no. 3109/2019 is wrongly shown to be disposed off as it was not heard and till date pleading thereon is not completed and it was not for order on that date.
Adv Thappa present for defendant no. 02 and submitted that on the last date no order was pronounced in this matter.
None present for other defendants.
From the record it appears that, order passed on NM no. 3109/2019 is not on record. On enquiry the Stenographer of this court orally informed that on 10.10.2022 the dictation of order in NM no. 3109/2019 was not given. From the record it appears that, on 10.10.2022 matter was for reply to Notice of Motion no. 998/2021 and till that date arguments on NM no. 3109/2019 were not heard . Moreover, adv for plaintiff was also present on that day. Therefore, it appears that in roznama dtd.10.10.2022 inadvertendly/due to oversight it is wrongly mentioned that “FRSR following order is passed on NM no. 3109/2019. 1) NM no. 3109/2019 is dismissed. 2) Nm no. 3109/2019 is disposed off accordingly”. It appears that in view of above order NM no. 3109/2019 is disposed off. In order to correct the above mistake occured due to oversight, it will be appropriate to clarify that no order was passed on NM no. 3109/2019 on 10.10.2022 and NM no. 3109/2019 is not disposed off as reflected in roznama dtd.10.10.2022. Therefore, NM no. 3109/2019 be restored to its original stage and in roznama dtd. 10.10.2022 footnote that NM no. 3109/2019 is not disposed off and the contents of roznama i.e  “FRSR following order is passed on NM no. 3109/2019. 1) NM no. 3109/2019 is dismissed. 2) Nm no. 3109/2019 is disposed off accordingly” are wrongly mentioned be taken/recorded.
Matter adjourned for reply to NM no. 998/2021 to 22.12.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave, adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Court is on leave.
Adjourned to-
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for reply to nm no. 998/2021/no reply order to 20/04/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: None present for plaintiff.
Adv. Pushapa thapa present for defendant no. 02.
Adv. Ameya kulkarni present for defendant no. 01.
Adv. Pritesh parmar present for defendant no. 03.
As plaintiff and his adv. are absent, and failed to file reply to nm no. 998/2021, nm no. 998/2021 be proceeded without reply of plaintiff. Matter adjourned for hearing on nm no. 998/21 to 28/06/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: Adv. Nikita Ghosalkar present for plaintiff.
Av. Pallavi Chattergy present for defendant.
Adv. Pushpa Thapa present for defendant No.2.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for hearing on nm no. 998/2 to 09.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Nitika Ghosalkar present for plaintiff.
Adv.Pallavi Chattergy  present for defendant No.3.
Adv. Pushpa Thapa present for defendant No.2.
Matter adjourned for hearing on nm no. 998/2021 to 29.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None present for plaintiff.
Adv. Amay Kulkarni present for defendant No.1.
Adv. Mehul Shah present for defendant No.2.
Adv.Pallavi Chattergy h/f. Adv. Hemant Ghadigaonkar  present for defendant No.3. She prayed for an adjournment. Adjourment granted as last chance.
Matter adjourned for hearing on nm no. 998/2021 to 13.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: None present for plaintiff.
Adv. Pushpa Thapa present for defendant No.2.
Adv.Pallavi Chattergy h/f. Adv. Hemant Ghadigaonkar  present for defendant No.3.
Matter adjourned for hearing on nm no. 998/2021 to 01.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Adv. Yash Thakur h/f. Adv. Abhay Parab present for plaintiff. He prays for an adjournment.
Adv. Pushpa Thapa present for defendant No.2.
Matter adjourned for Hearing  on NM No.998/2021 to 20.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Abhay Parab present for plaintiff.
Adv. Pushpa Thapa present for defendant No.2.
Adv. Soniya Parab h/f. Adv. Hemant Ghadigaonkar present for defendant No.3. She tendered written statement.
Heard argument of learned counsel for plaintiff and learned counsel for defendant No.3 on NM No.998/2021.
Order on Notice of Motion No.998/2021
     Perused notice of motion, affidavit in support thereof. Heard both sides. Having regards to reason stated by defendant No.3, this is a fit case to exercise discretion in favour of defendant No.3. Hence, following order is passed
ORDER
1) Notice of Motion No.998 of 2021 is allowed subject to cost of Rs.500/-.
2) Written statement submitted by defendant No.3 shall be taken on record on payment of cost.
3) Notice of Motion No.998 of 2021 stands disposed off.
Matter adjourned for Compliance (Payment of cost) to 10.07.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Nikita Ghosalkar present for plaintiff.
Adv. Pushpa Thapa present for defendant No.2.
Adv. Soniya Parab h/f. Adv. Hemant Ghadigaonkar present for defendant No.3.
Record shows that cost is paid by defendant No.3 to plaintiff as per order dated 20.06.2024 in NM No.998/2021. Hence, written statement of defendant No.3 is taken on record and marked as Exh.5.
Matter adjourned for Issues to 23.08.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: Adv. Shalaka Sable h/f. Adv. Abhay Parab present for plaintiff. She prays for an adjournment.
Adv. Dipti Jadhav a/w. Adv. Pushpa Thapa h/f. Adv. Kavita Shah  present for defendant No.2.
On oral request of advocate for plaintiff, Matter adjourned for NM Hearing to 20.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: In view of office order No.273 of 2024 dated 14.24.11.2024, office delared holiday on 20.24.11.2024 on account of Poling Day of General Eelction of State Legistative Assembly of Maharashtra and lieu thereof Tuesday, the 24.12.2024 is declared as Court Working Day.  Hence, matter is adjourned to 24.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: None present for plaintiff.
Adv. Pushpa Thapa h/f. Adv. Kavita Shah for defendant No.2 present.
Adv. Om Gandhi for defendant No.3 present.
Matter adjourned for NM Hearing to 22.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: Adv. Shalaka Saphale for plaintiff present.
Adv. Pushpa Thapa for defendant No.2 present.
Defendant No.2 present.
Matter adjourned for NM Hearing to 18.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: None for plaintiff.
Adv. Pushpa Thapa for defendant No.2 present.
Last chance granted to plaintiff to work out NM, on failure further order will be pass on next date.
Matter adjourned for NM Hearing to 03.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: Adv. Nikita Ghosalkar for plaintiff present and seek time. Time granted.
Adv. Pushpa Thapa for defendant No.2 present.
Matter adjourned for NM Hearing to 07.11.2025.
Judge
Later on at 03.30 p.m.
Adv. Sudhanshu Shinde for defendant No.3 present.
Matter is already adjourned for NM Hearing to 07.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Adv. Nikita Ghosalkar for plaintiff present and seek time. Time granted.
Adv. Pushpa Thapa for defendant No.2 present.
Adv. Sudhanshu Shinde for defendant No.3 present.
Matter adjourned for NM Hearing to 06.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: None present for plaintiff.
Adv. Pushpa Thapa for defendant No.2 present.
Matter adjourned for NM Hearing to 24.02.2026.
Judge
Later on at 03.32 p.m.
Adv. Nikita Ghosalkar h/f. Adv. Abhay Parab for plaintiff present.
Adv. Kiran Yadav for defendant No.3 present.
Matter is already adjourned for NM Hearing to 24.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2026

Date: 24-02-2026

Date: 26-03-2026
Business: Adv. Abhay Parab for plaintiff present and seek time.
Adv. Pushpa Thapa for defendant No.2 present.
Inspite of direction on earlier date, plaintiff is seeking adjournment. Hence, matter be kept for NM dismissal order.
Matter adjourned for NM dismissal order to 23.06.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: P.O is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: Adv. Nikita Ghosalkar h/f. Adv. Abhay Parab for plaintiff present and tendered application for adjournment. Application is taken on record and marked as Exh.6.   O-Other side to say.
Adv. Pushpa Thapa h/f. Adv. Kavita Shah for defendant No.2 present and endorsed say on Exh.6.
Adv. Sanjeev Mishra h/f. Adv. Ameya Kulkarni for defendant/MHADA present and endorsed say on Exh.6.
ORDER BELOW EXH.6
     This application is for adjournment by plaintiff. The reason given for adjournment is advocate for plaintiff is not feeling well. Say is given by defendant/MHADA objecting the application on the ground that, plaintiff has sought multiple adjournments. Defendant No.2 endorsed say and submitted to the orders of the Court.
    On perusal of roznama, it appears that, NM is pending for hearing since 07.10.2024. NM is more than 05 years old. On 24.02.2026, last chance was granted and matter kept for hearing/dismissal of NM. Despite that, on next date i.e. 26.03.2026 adjournment was sought by plaintiff. Therefore matter kept for dismissal of NM. Today also plaintiff praying for adjournment. Already sufficient opportunity is given to plaintiff to proceed with the NM. Despite of last chance plaintiff is not proceeding with the NM. Hence, applicaton (Exh.6) is rejected.
                 ORDER ON NOTICE OF MOTION NO.3109/2019
    Application for adjournment (Exh.6) is rejected. Already 24.02.2026 last chance was granted to the plaintiff and intimated that, NM will be dismissed if no argument on next date. Despite that, on next date no argument. Today also no argument of plaintiff on NM. NM is more than 05 years old. Despite sufficient opportunity, plaintiff has not proceeded with the NM.  Hence, I pass following order
ORDER
Notice of Motion No.3109/2019 is dismissed for want prosecution.
Matter adjourned for Draft issues to 29.09.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/101062/2020
NOTICE OF MOTION/103109/2019
NOTICE OF MOTION/100998/2021

Registration Number: 101909/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101909/2019
Transfer Date: 10-01-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 101909/2019
Transfer Date: 07-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 104615/2019
Filing Date: 15-04-2019
First Hearing Date: 25th July 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE