Kochara Ashwini Kumar (St. No. 4197 ofVsSabari Developers and Ors.

Date: 05-11-2020
Business: Adv. Pal for plaintiff present and filed original NM no. 1574/20 along with affidavit.
Adv. Shweta Ayangar for defendant no. 1 present.
Adv. Madhavi Nalawade h/f Adv. Tembe for defendant no.2 present and filed VP on behalf of defendant no. 2.
Heard Ld. counsel for both the sides regarding ad-interim relief.
Ld. counsel for defendant no. 1 submitted that her senior is on the way and requested to keep back the matter.
Keep Back
Later on at 1.40 pm.
Adv. Pratap Singh with Adv. Pal for plaintiff present
Adv. Hamid Kadiani with Adv. Shweta Ayangar for defendant no. 1 present.
Adv. Madhavi Nalawade h/f Adv. Tembe for defendant no.2 present.
Heard Adv. Pratap Singh and Adv. Hamid Kadiani on behalf of respective parties regarding ad-interim relief.
Ld. counsel for plaintiff submitted that he is seeking ad-interim relief only in respect of flat no. 702 and 802, as per prayer clause (a) and (b) of the NM that the defendant no. 1 should not create third party interest. Ld. counsel for defendant no. 1 took strong objection to grant of any ad-interim relief on the ground that there is no urgency. He further submitted that the conduct of the plaintiff is objectionable, because after orders were passed by this court on 23.10.2020 and the plaintiff was directed, in view of his statement made before the court, to serve the defendant with the copy of plaint, documents and draft NM along with affidavit etc. by RPAD or alternatively serve the counsel for the defendants at their office so as to enable them to put up their case before the court on the next date. He argued that the defendant no. 1 was served on 31.10.2020. Thereafter, it was a Sunday on 01.11.2020. Therefore, today he is unable to get instructions to file reply affidavit or even to argue the matter on ad-interim relief. Hence, he submitted that at least one week time may be granted to file reply affidavit and from the conduct of the plaintiff, no case is made out for passing any urgent ad-interim order.
After hearing both the counsels, I find that the defendant no. 1 needs some time to be granted for submitting reply to the NM at the same time the purpose will be served, if ad-interim order regarding the flats in question is passed by the court and it will not cause any prejudice to  both the sides.
In view of the above, three weeks time is granted to defendant no. 1 to 2 for filing reply to NM, with a direction to defendant no. 1 to maintain status quo and not to create third party interest with respect to flat no. 702 and 802, as per prayer clause(a) and (b) of the NM till next date.
Ld. counsel for plaintiff is directed to remove the office objection, if any and get the suit registered.
Matter stands Adj for filing reply by defendant no. 1 and 2 to 26.11.2020.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Adv. Pal for plaintiff present.
Adv. Sheetal Ragane for Defendant No. 1 present and filed VP as well as reply to NM No. 1574/20. Copy serve on the other side.  She seeks time to take instructions whether the Deft. No. 1 wants to file WS in the matter. Time granted.
Adv. Madhavi Nalavade for Defendant No. 2 present and filed WS and pursis. Copy serve on the other side.
VP
Written Statement
Pursis, seen and filed.
Heard Ld. counsel for both the sides.
Ld counsel for the plaintiff seeks time to file rejoinder to the reply by the plaintiff. Time granted.
Interim order dated 05.11.2020 regarding status quo to continue till next date.
Matter stands Adj for rejoinder to 14.12.2020
Next Purpose: REJOINDER
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv. Pal for plaintiff present.
Adv. Sheetal Raghani for Deft. No. 1 present and filed 2 draft NM alongwith affidavits. One fore referring the matter to arbitration under section 8 of Arbitration and Conciliation Act, 1996 and another for rejection of plaint under Order 7 rule 11 of CPC. Copy served on the other side.  Leave granted to register both the draft NM.
Adv. Esha Jain for Deft. No. 2 present.
Ld. counsel for the plaintiff seeks time to file reply to the draft NM. Ld. counsel for the plaintiff seeks extension of time for filing rejoinder to the reply submitted by the defendant. Time extended.
Earlier order dated 05.11.2020, regarding status quo and not to create third party interest to continue till next date.
Matter stands adj. for reply and to file rejoinder to 18.01.2021
Next Purpose: REPLY
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None for Plaintiff.
Advocate Ms. Sheetal Raghani i/b J.Law Associates for defendant no.1 present and tendered registered Notice of Motion No.1979/20 under section 8 of Arbitration and Conciliation Act 1996  along with affidavit in support of Notice of Motion. T.O.R.
She also filed and tendered registered Notice of Motion No.1980/20 for rejection of plaint along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms.Isha Jain i/b advocate Amol Tembe for defendant no.2 present
KB
LO at 2.15pm
Advocate Pal for plaintiff present and submitted rejoinder in NM No.1574/20. TOR and marked as Exh.6.
He submits that the copy of notices of motion  taken out by defendant no.1 are served upon him. He seeks time to file reply.
None for defendants.
Plaintiff shall get the suit registered on or before next date failing which further orders will follow.
Earlier order is to be continued till next date.
The case  is adjourned to 16.02.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Advocate P.F.Singh for plaintiff present and seeks time. Time is granted as last opportunity.
Advocate Hamed Kadiani for defendant no. 1 present.
Parties are directed to serve the reply/rejoinder etc. on each other well in advance.
Earlier order is to be continued till next date.
The case is adjourned to 08.03.2021 for NM hearing.
LO at 04.10 pm
Advocate Amol Tembe for defendant no.2 present.
Already the case is adjourned to 08.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Advocate Pratap Singh for plaintiff present and filed reply to NM No.1979/20. TOR.
Copy served on advocate for Plaintiff.
Advocate Ms. Pratibha Rupnave for defendant no. 1 present and submitted application for production of certified copy of agreement dated 22.08.2012. TOR and marked Exh. 7.
Advocate for Plaintiff has no objection to allow production. Hence order-
Application Exh. 7 is allowed.
Advocate Ms.Isha Jain for defendant no. 2 present.
The case is adjourned to 18.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As Court is busy in recording evidence in SU No. 2851/15,hence the board is discharged.
The case is adjourned to 29.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv. Pal for plaintiff present.
Adv. Isha Jain I/b Adv. Amol Tembe for Defendant. No. 2 present.
Earlier order if any, to continue.
As court is busy in hearing final arguments in SU No.3002/04 and evidence in SU 26/10.
Matter stands adjourned to 22.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. Singh for the plaintiff present.
None for defendant.
Earlier order if any, is continued till next date.
Matter is adj. to 14/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: CORAM :- H.H.J. SHRI. K. M. JAISWAL (C.R. 01)
(Matter pertains to Court Room No.3)
Adv. Pratap Singh for plaintiff present.
Adv. Sheetal Raghani for defendant present.
Earlier order if any, to continue.
Matter stands adjourned to 26.04.2022 for NM hearing.
                                                                                         I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Girish Pawar I/b Adv. Nitin Borale for plaintiff.
Adv. Isha Jain I/b Adv. Amol Tembe for Deft.no. 2 present.
Adv. Sheetal Raghani I/b J. Law Associates for Deft.no. 1 present. She filed additional reply to NM 1574/2020.TOR.
Earlier order, if any continue till next date.
Matter stands adjourned to 11.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Shailesh Pal for plaintiff present. He tendered reply to NM No.1979/2020.
Copy served to Deft. no.2.
Adv. Isha Jain I/b Adv. Amol Tembe for Deft. no.2 present.
None present for Deft. no.1.
Earlier order if any, to continue.
By consent, matter stands adjourned to 05.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Viraj Singh I/b Adv. Borale for plaintiff present.
Adv. Foram Chawalle for Deft. no.1 present.
Adv. Isha Jain for Deft. no.2 present.
Earlier order if any, to continue.
By consent, matter stands adjourned to 16.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: At 2.50 pm
Adv. Sadhana Datar for defendant No.1 present.
KB
Later on
Adv. Pratap Singh for plaintiff present.
None present for defendant.
Earlier order to continue, if any, till next date.
Matter stands adjourned to 18.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: CORAM :- H.H.J. SHRI V.D. KEDAR (CR. 01)
Matter pertains to C.R.03.
Adv. Pratap Singh for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned to 21.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Adv. Pratap Singh for plaintiff present.
Adv. Hamed Kadiari a/w Adv. Sadhana Datar I/b J. Law Associates for defendant No.1 present.
Adv. Gaurav Jain I/b Adv. Amol Tembe for defendant No.2 present.
Heard advocate of defendant
Matter stands adjourned on 15.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Pratap Singh for plaintiff present.
Adv. Hamed Kadiani for defendant No.1 present.
K.B
Later on at 3.53 p.m.
Adv. Pratap Singh for plaintiff present.
Adv. Hamed Kadiani for defendant No.1 present.
Heard both side. Put up for order.
Matter stands adjourned on 08.06.2023 for NM P.H./Order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Adv Pratap Singh h/f Adv Nitin Borale for Plaintiff present.
Adv Sheetal Raghani for defendant no. 1 present and sought time for hearing on NM 1980/2020. Time granted.
Matter stands adjourned on 27-07-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: As P.O. is on leave, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: None for Plaintiff.
Adv Asfiya Khan for defendant no.1 present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on  05-01-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: This court is newly established on 02.01.2024.
Matter received from CR. NO.
None present for plaintiff.
Adv. Asfiya Khan for defendant No.1 present and orally requested for adjourning the matter.
Adv. For defendant and defendant no.2 absent.
Matter adjourned for NM hearing to. 06-02-2024.
LO at 4 pm.
Adv. Viraj singh h/f Dhanjay for plaintiff present.
Earlier interim order, if any, to continue till next date.
Matter adjourned for NM hearing to. 06-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Pratap Singh a/w Adv. Luman for  plaintiff present.
Adv. Hamed Kadiani A/W Adv. Asfiya Khan for defendant No.1 present and submitted that he will move application of transfer of this 2 notice of motion ie. NM-1979/20 and 1980/20 to the predecessor of this court before whom the matter is fully heard.
Earlier order if any, to be, continued till next date.
Matter adjourned for awaiting order/compliance  to 04-03-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Asfiya Khan for defendant present submitted that transferred petition yet to be moved hence requested for adjourning the  matter. O- Matter adjourned.
Matter adjourned for Compliance to 23-04-2024.
LO at 4.00 pm..
Adv. Viraj Singh for plaintiff present.
Earlier order if any to be continued till next date.
Matter adjourned for Compliance to 23-04-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Luman h/f Adv. Pratap Singh for plaintiff present.
Adv. Asfiya Cutchi (Khan) for defendant No.1 present.
Both advocate submitted that matter will not be kept under the caption of compliance and requested to keep it for hearing as they are ready re-argue the matter before this court on next date. Hence, matter is kept for NM hearing.
Earlier order if any, to be, continued till next date.
Matter adjourned for NM hearing to 21-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: IN THE COURT OF H.H.J. R. R. PATARE, JUDGE CITY CIVIL COURT C.R. NO. 01 (IN-CHARGE COURT)
Matter pertains to C.R. No. 61
Adv. Suchita Luman/Sawant h/f Adv. Pratap Singh for plaintiff is present.
None for defendant.
Earlier order if any to be continued till next date.
Matter is adjourned for NM Hearing to 23.07.2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Astiya Cutchi i/b J. Law Associates for defendant No.1 is present.
Earlier order, if any, be continued till next date.
Matter adjourned for N. M. hearing to 24.09.2024.
Later on, at 3.48 p. m.
Adv. Pratap Singh a/w Adv. Suchita Luman/Sawant for plaintiff is present.
Matter already adjourned for N. M. hearing to 24.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: IN THE COURT OF H.H.J. A. B. SHARMA JUDGE CITY CIVIL COURT C.R. NO. 03.
Matter pertains to CR. No.61.
Adv. Pratap Singh a/w Adv. S. S.Luman/ Sawant for plaintiff is present.
Adv. Cudcy for defendant is present.
Earlier order if any, is continued till the next date.
Matter adjourned for NM hearing to 06-11-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: IN THE COURT OF H.H.J. R. R. PATARE JUDGE CITY CIVIL COURT C. R. NO. 01.
Matter pertains to C. R. NO. 61.
Adv. S. S. Luman/Sawant for plaintiff is present.
None for defendants.
Earlier order if any to be continued till the next date.
The matter is adjourned for NM hearing to 05-12-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: None for plaintiff.
Adv. Raghav Srivatsa for defendant No.1 is present.
Earlier order, if any to continued to the next date.
Matter adjourned for NM hearing to 13.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2025

Date: 13-02-2025
Business: IN THE COURT OF H.H.J. R. R. PATARE JUDGE CITY CIVIL COURT C. R. NO. 01.
Matter pertains to C. R. NO. 61.
Adv. S. S. Luman/Sawant for plaintiff is present.
Adv. Sarabjot for defendant is present.
Earlier order if any to be continued till the next date.
Matter adjourned NM hearing for  to 08.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: Matter pertains to C. R. NO. 61.
Adv. S. S. Luman/ Sawant for plaintiff is present.
Adv. Asfiya Cutechi for defendant is present.
Earlier order, if any is continue till the next date.
Matter is adjourned for NM hearing to 08.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: None for plaintiff.
Adv. Trinity Rebello i/b J Law Associates for defendant is present.
K.B.
Later on at 3.30 p.m.
Adv. Luman/Sawant h/f Adv. Pratap Singh for plaintiff is present and sought time. Granted till next date.
Adv. Trinity Rebello i/b J Law Associates for defendant is present.
Earlier order, if any is continued till the next date.
Matter adjourned for NM hearing to 11.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: None for plaintiff.
None for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for hearing on all NMs to 11.11.2025.
Later on at 3.30 pm
Adv. Suchita Luman/ Sawant for plaintiff is present.
Adv. Asfiya Cutehi i/b J. Law Associates for defendant no. 1 is present.
Matter is already adjourned to 11.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Asfiya Cutchi i/b J Law Associates for defendant is present.
K.B.
Later on at 03.19 p.m.
None for plaintiff.
Adv. Hamid Kadiani a/w Adv. Asfiya Cutchi i/b J Law Associates for defendant is present.
Heard part arguments fo Adv. for defendant in NM No.1980/2020.
Earlier order if any is to be continued till the next date.
Matter adjourned for hearing on all NMs to 03.12.2025.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 3.43 p.m.
None present.
Matter adjourned for NM P.H. to 22.01.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: CORAM -HIS HONOUR JUDGE SHRI P. G. BHOSALE C.R.NO.1
Matter pertains to CR. No.61
Adv. Suchita Luman/Sawant for plaintiff is present.
Adv. Varsha Gangawane i/b J. Law Associates.
Earlier order, if any, to continue till next date.
Matter adjourned for NM argument P. H. to 17.03.2026
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: CORAM - HIS HONOUR JUDGE SHRI P. G. BHOSALE C.R.NO.1
Matter pertains to CR. No.61.
Adv. Suchita Luman/Sawant for plaintiff is present.
Adv. Sarabjot Singh i/b J. Law Associates for defendant present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 22.06.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff. Plaintiff is hereby directed to remain present and make his submission on NM otherwise the argument of the defendant will be heard and NM will be decide as per its own merits.
Adv. Asifya Cutchi i/b J. Law Associates for defendant No.1 is present.
Earlier order if any, is to be continued till the next date.
Matter adjourned for NM hearing to 08.09.2026.
Later on at 3.49 p.m.
Adv. Viraj Singh for plaintiff is present.
Matter adjourned for NM hearing to 08.09.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2026

Date: 08-09-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Sarabjot Singh i/b J Law Associates for defendant No.1  is present.
Matter adjourned for NM hearing to 05.11.2026.
                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2026

Registration Number: 101574/2020
Transfer Date: 01-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101574/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 101574/2020
Transfer Date: 01-01-2024
From Court: 81 - judge 904
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 105396/2020
Filing Date: 03-11-2020
First Hearing Date: 05th November 2020
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE