Shivanand P. HulyalkarVsKushboo Bhagat

Date: 20-10-2020
Business: Adv. D\''silva for plaintiff present and filed draft NM supported by affidavit of Shivanand Hulyalkar. Leave granted to register draft NM and time extended to register draft NM, which was filed earlier.  Copy served on other side.
Adv. Vidya Mangavade for defendant present and filed VP.
Vakalatnama filed on behalf of defendant.
Adv. Shamim for intervenor present and filed VP and draft CS supported by affidavit. Leave granted to register draft CS. Copy served on other side.
Vakalatnama filed on behalf of  intervenor.
Heard Ld. counsel for the intervenor on their intervention application and regarding ad-interim order passed by this on 07.10.2020. I have also heard Ld. counsel for plaintiff and the defendant regarding intervention application and ad-interim order passed by the court on 07.10.2020.
Ld. counsel for plaintiff seeks time to file detail reply to the intervention application and filed supporting documents. Ld. counsel for defendant also seeks time to file reply to the intervention application and reply to the draft already filed by plaintiff and fresh draft NM filed by the plaintiff today. Time granted to the plaintiff and defendant.
After hearing Ld. counsel for both the sides and after perusal of documents filed by the intervenor along with the intervention application, it appears that plaintiff is not in a physical possession of suit flat as on date, but the intervenors are in possession of the same. There also appears to be dispute between the parties regarding their rights in respect of the suit flat. Under the above circumstances, the ad-interim protection granted to the plaintiff on 07.10.2020 cannot be continued.
As prima facie, it is found that intervenors are in possession of the suit flat. The plaintiff is directed not to disturb the possession of the intervenors till next date. Similarly, intervenors are directed not to create third party interest in the suit flat till the NM filed by the plaintiff are finally decided, as the same may result in multiplicity of litigation. Parties are directed to comply accordingly.
Sheristedar to provide authenticated copy of today\''s roznama to the all the parties for information and compliance.
Matter stands Adj for filing reply to the intervenors application by plaintiff and filing reply by defendant to the two NM filed by plaintiff and reply to the intervention application by the intervenor to 02.11.2020.
Next Purpose: REPLY
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Adv. D\''silva for plaintiff present and filed three original NM no. 1564/20 to 1566/20 along with affidavit. Ld. counsel for plaintiff pressed for early hearing on NM no. 1564/20 to 1566/20 and pointed out that in Nm no. 1566/20 he has made society as party to the said motion. Unless NM no. 1566/20 is decided by the court, he is not in a position to file reply to the CS filed by the applicants. Hence, the urgency. He further submitted that he has no objection to continue ad-interim relief granted by the court, but he is opposing the CS filed by the applicants.
Adv. Vidya Pandagale for defendant present and filed fresh Memo of address. TOR. She submitted that the earlier address submitted by her was not correct. Hence, fresh memo of correct address filed today. She also filed combined reply to NM no. 1564/20 and 1565/20.  Copy served on other sides. The combined reply is kept with NM no. 1564/20. Ld. counsel for defendant further submitted that she had no objection to the CS no. 611/20 filed by the applicants. Her oral no objection is taken on record.
Adv. Ansari for intervenor/applicants present and filed original CS no. 611/20 along with affidavit. He opposed the request of the counsel for the plaintiff for early hearing on NM filed by plaintiff.
Ld. counsels for applicants and defendant took objection to the NM 1566/20 filed by the plaintiff on the ground that CHS society is not a party to the suit and therefore, the NM is not maintainable.
After hearing Ld. counsel for parties, I am of the opinion that in view of the interim  order passed by this court, there is no urgency in the matter to decide NM no. 1565/20 filed by the plaintiff. However, the purpose of the plaintiff will be served, if notice is issued to the respondent M/s Silver Crest CHS Ltd in  NM no. 1566/20 to appear and give its say on the NM/ produce the CCTV footage, as prayed. In view of the above, time granted to the plaintiff to file reply to the CS filed by the applicants as a last chance.
Plaintiff shall serve notice to the respondent society in NM no. 1566/20 as directed above by personally. Notice is made returnable on next date.
Matter stands Adj for filing reply of plaintiff to CS no. 611/20 by applicants and reply of defendant to NM no. 1566/20 and hearing on NM no. 1564/20, 1565/20 and  R/N in NM no. 1566/20 filed by plaintiff  to 07.12.2020.
Next Purpose: REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Adv. D\''silva for plaintiff present and filed affidavit in reply to CS no. 611/20. Copy served on other side.
Adv . Viday Mangwade for defendant present and filed affidavit in  reply to NM no. 1566/20. Copy served on other side.
Adv. Shamim for intervenor present.
Adv. Naik for society respondent present and filed VP and affidavit in reply to  NM no. 1566/20.
Heard Ld. counsel for respective parties. Ld. counsel for plaintiff submitted that his CS needs to be heard urgently. Ld. counsel for the respondent society and submitted that society has necessarily joined as party in this case and has been compelled to attend the court proceedings.
Ld. counsel for intervenor submitted that his CS no. 611/20 needs to be heard before proceeding with the CS and NM taken out by the plaintiff and the earlier order passed by this court dated 20.10.2020 needs to be continued for protecting the interest of the intervenor.
Ld. counsel for plaintiff seeks time to file rejoinder to the reply filed by the society. Time granted.
In view of the above condition, Earlier order dated 20.10.2020 to continue till next date.
Matter stands Adj for further hearing on pending CS and NM to 27.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None for Plaintiff.
Advocate Ms.Vidya Mangavde for defendant present.
Advocate Ansari for applicant present and seeks time to file rejoinder.
Advocate Naik for Society present.
KB at 2.00pm
LO at 12.45pm
Advocate Nitin Patil for plaintiff present and undertakes to file vakalatnama on next date.
Earlier order is to be continued till next date.
By consent, the case is adjourned to 09.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Advocate Ansari for applicant present.
Advocate Ms. Vidya Mangavde for defendant present.
Advocate Naik for respondent Society present.
KB
LO at 4.00pm
Advocate Shardik Shamim for applicant present and sought time to file rejoinder. He submits that he will served the Plaintiff with rejoinder well in advance. The statement is accepted.
Advocate  Nitin Patil for plaintiff present and undertakes to file Vakalatnama on next date as he could not obtain signature of Plaintiff on Vakalatnama due to demise of Plaintiff\''s uncle.
Advocate Ms. Vidya Mangavde for defendant present.
Advocate Naik for respondent Society present.
Earlier order dated 20.10.2020 is continued till next date.
The case is adjourned to 24.02.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: None for Plaintiff.
Advocate Ansari for applicant present and filed rejoinder. TOR.
He undertakes to serve its copy on Plaintiff.
Advocate Ms.Vidya Mangavde for defendant present.
Advocate Naik for respondent Society present.
Earlier order is to be continued till next date.
The case is adjourned to 30.03.2021  for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: None present.
The case is adjourned to 21.04.2021 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Matter called out at 4.29 p.m.
Adv. Praveen Rawat Reg. No. MAH/2630/2017 h/f Vidya Mangavate for Defendant present.
Adv. I. A. Naik for respondent society present.
Earlier order if any, to continue.
Matter stands adjourned to 17.11.2021 for CS hearing.
                                                                                      Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Court is on leave. Board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Matter called out at 3.10 p.m.
Plaintiff absent.
Adv. Vidya Malvade I/b Mohini Tekale for defendant present.
Matter stands adjourned to 18.02.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. I. M. Naik for plaintiff present.
Adv. Swati Khot for defendant No. 1 present.
Adv. J. Ansari I/b S. Shamin and co. for the applicant in ch/s No. 611/20 present.
Earlier order, if any continue till next date.
Matter stands adjourned to 27.04.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. Mohd Sharif Lakdawala I/b S. Shamin and co. for the applicant in ch/s No. 611/20 present.
Adv. I.M. Naik for plaintiff present.
Adv. Shweta Oza for Defendant.
Earlier order, if any continue till next date.
Matter stands adjourned to 06.07.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Adv. Sharif Lakdawala for applicant in CS no.611/20 present. He is seeking time. Time granted.
None present for plaintiff and defendant.
Earlier order if any, to continue.
Kept back.
Later on at 3.49 p.m.
Adv. Sandeep Sarode for defendant present.
Matter stands adjourned to 06.09.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None present.
Matter stands adjourned to 28.11.2022 for CS hearing.
Later on mentioned at 3.52 p.m.
Adv. Vidya M. for defendant present. She submitted that plaintiff is absent
since 24.02.2021.
Adv. I. A. M. Naik for society present. He pointed out that in roznama
dated 18.02.2022 and 27.04.2022, his appearance is recorded as
advocate for plaintiff.
Adv. Murtuza Slatewala for applicant in CS No.611/2020 present.
None present for plaintiff.
Earlier order if any in favour of applicant to continue.
Put up for dismissal.
Matter adjourned to 24.11.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Vidya Mangawade for Defendant present.
Adv. Naik for respondent society present.
None present for plaintiff.
Plaintiff failed to argue on NM No.1564/2020 and NM No.1565/2020 and NM No.1566/2020. Hence, these motions stands disposed off for want of prosecution.
Applicant in CS No.611/20 is absent, hence, put up for CS dismissal.
Matter stands adjourned to 08.02.2023 for CS dismissal.
Later on at 2.50 p.m.
Adv. Ansari for applicant in CS No.611/20 present.
Earlier order in favour of applicant in CS No.611/2020, to continue till next date.
Already adjourned to 08.02.2023.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: None present for plaintiff.
Adv. Vidya Mangawade for defendant present.
Adv. Zeeshan Ansari for applicant in CS No.611/2020 present.
Partly heard applicant in CS No.611/2022.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 29.03.2023 for CS argument (p.h).
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Shamim for applicant/intervenor present.
Adv. Vidya Mangawade for defendant present.
Plaintiff absent. Put up for order.
Matter stands adjourned on 20.04.2023 for CS P.H./Order.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: CORAM - H.H.J. SHRI R. R. PATARE (CR. 02)
Matter pertains to C.R.03.
None present for plaintiff and defendant.
Adv. Sharif Lakdawala I/b S. Shamim & Co. for applicant present.
Earlier order in favour of applicant in CS No.611/2020, to continue till next date.
Matter adjourned to 07.06.2023 for CS (P.H.)/Order.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: None for plaintiff present.
Adv Vidya Mangavde for defendant present.
Adv Shamim for applicant in Ch/s present.
Heard arguments of Ld. Adv for applicant as well as Ld. Adv for defendant on Ch/s No. 611 of 2020.
Matter stands adjourned on 23-06-2023 for order on
Ch/s No. 611 of 2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Matter pertains to C.R.03.
Adv. Jishan Ansari i/b S.Shamim and Co. for applicant in Ch/s No. 611/2020 present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 01.08.2023 for order on Ch/s
611/2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None for Plaintiff present.
Adv Jisan Ansari I/b S.S. Hamim and co. for applicant in Ch/s no. 611/20 present.
Earlier order, if any, to be continued till next date.
Court is busy in dictating judgment in Suit No. 1016/2023 and argument in POCSO SPL CASE No. 419/2014.
Matter stands adjourned on 02-09-2023 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: None for Plaintiff.
Adv Yogesh Mishra h/f Adv Vidya Mangawade for defendant present.
Earlier order, if any, to be continued till next date.
Court is busy in NM hearing.
Matter stands adjourned on 29-09-2023 for order on Ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None for Plaintiff present.
None for defendant present.
Court is busy in order of E.A.117/2020.
Matter stands adjourned on 10.10.2023 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: CORAM - H.H.J. Shri  V. D. Kedar (C.R. No.1)
Matter pertains to C.R. No.3
Adv Jishan Ansari i/b S.Shamim and Co. for applicant in Ch/s  present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 07.11.2023 for Ch/s order.
                                                                                         I/c Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: None present for Plaintiff.
Adv. Dishan Ansari for applicant present.
Adv. Vidya Mangawade for Deft present.
Earlier order, if any to continue till next date.
Matter stands adjourned on 29.11.2023 for order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-11-2023

Date: 29-11-2023
Business: Advocate Shweta Raddy present for Plaintiff.
Advocate Ansari present for applicant.
Order partly dictated in Ch/s no. 611/2020 .
Matter stands adjourned on 30-11-2023 for Ch/s order
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: None present for Plaintiff.
None present for Defendant.
Advocate Ansari present for applicants/proposed defendant nos. 2 and 3.
F.R.S.R following order is passed in Chamber Summons No. 611 of 2020.
Order
1. Chamber Summons No. 611 of 2020 is allowed.
2. Plaintiff is directed to add applicants no. 1 and 2 as defendants no. 2 and 3.
3. Plaintiff is directed to carry out necessary amendment within the stipulated period.
4. Plaintiff is directed to serve copy of amended plaint along with the copy of documents and pleadings to the applicants.
5. Chamber Summons No. 611 of 2020 is disposed off accordingly.
Earlier order in Ch/s, if any, to be continued till next date.
Matter stands adjourned on 01-02-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: None for Plaintiff present.
Adv Ansari for proposed  defendant no 2 and 3 present.
Order dtd. 30.11.2023 not complied by plaintiff.
The plaintiff absent. The order to add necessary parties in array of the plaint vide Ch/s No. 611/2020 was passed on 30.11.2023. The plaintiff was directed to carry out the amendment within the stipulated period. But the plaintiff has not carried out the amendment till today. Therefore non joinder of necessary parities goes to the root of matter, hence suit be kept for dismissal.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 02-05-2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: None  for Plaintiff present.
Adv. Sharif Lakdawala for applicant present.
None for defendants.
Despite of specific directions on the last date, the plaintiff has failed to carry out the amendment.  Therefore the plaintiff is directed to carry out the amendment as per the order dated 30/11/2023 otherwise the suit will be dismissed on the next date, for non compliance of the order
Plaintiff is directed to carry out amendment.
Matter stands adjourned on 10/07/2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: None for Plaintiff present.
Advocate Mr. Ansari for proposed defendant no.2 and 3 present.
The record indicates that the Ch/s no.611/2020 was allowed by this court and plaintiff was directed to add the proposed defendant no.2 and 3 in the Array of party, but till today the plaintiff has not carried out the amendment. The roznama further goes to show that since 30/11/2023, nobody remained present on behalf of the plaintiff. Despite of several opportunities the plaintiff failed to comply the order dated 30/11/2023 passed by this Court. Hence, the suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-07-2024

NOTICE OF MOTION/101566/2020
CHAMBER SUMMONS/100611/2020
NOTICE OF MOTION/101564/2020
NOTICE OF MOTION/101565/2020

Filing Number: 104581/2020
Filing Date: 16-09-2020
First Hearing Date: 20th October 2020
Decision Date: 10th July 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE