Shivanand P. HulyalkarVsKushboo Bhagat

Date: 02-11-2020
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
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: NM FOR 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: 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.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 24-11-2022

Main Case No: SUIT/0101145/2020
Main Cnr: MHCC010042932020
Main Filing No: 111447

Filing Number: 105372/2020
Filing Date: 31-10-2020
First Hearing Date: 02nd November 2020
Decision Date: 24th November 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE