Geeta Balu AherVsMumbai Building Repair and Reconstruction Board

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: None for plaintiff.
Issue summons to defendants.
Matter is adjd. to 05/05/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Mr. Kudalkar for the plaintiff present.
Adv. Ms. Chourisiya h/f Adv. Chandrashekhar for the defendants/MHADA No.1 and 2 present.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Advocate for the plaintiff filed application for issuance of fresh  summons. O- Issue fresh summons to defendant No.3.
Matter is adjd. to 07/01/2022 for appearance of defendant No.3.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Court is on leave.
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Court is on half day leave first session
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
Matter is adjd. to 23-08-2022 for steps against defendant no. 3.
Next Purpose: FOR___________________
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present and submitted that in this matter plaintiff prefer the appeal before Hon\''ble High court.
None present for defendant.
Matter is adjd. to 03.11.2022 for taking steps against deft.no.3
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Apurva Thorve h/f Adv. Kudalkar for plaintiff present.
Adv. Siddharth Chandrashekar for Deft.no 1/MHADA present.
Matter is adjd. to 10.01.2023 for taking steps as a last chance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Suraj Kudalkar for plaintiff present and submitted that the service is not effected to deft.nos. 2 as their address is not found and seeking time for publication writ of summons to deft.
Adv. Mangal Kadam for defendant/MHADA present.
Matter is adjourned to 17.03.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv. Drashan jain h/f Adv. Kudalkar  for plaintiff present and seeking time for taking steps. Time granted.
None present for defendant.
Matter is adjourned to 12.06.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Mr. Phatak h/f Adv. Kudalkar for the plaintiff is present.
Adv. Mr. Gauri Bhandari h/f Adv. Chandrashekhar for defendant Nos. 1 and 2/MHADA is present.
Advocate for the plaintiff sought time to take steps against defendant No. 3. Ld. advocate for defendant Nos. 1 and 2 objected by submitting that plaintiff is not taking steps into the matter since many dates. Considering the submissions, adjournment granted for today only.
Adjourned for taking steps to 07.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: None present for the plaintiff.
Adv. Ms. Gauri Bhandari h/f Adv. Chandrashekhar for defendant/
MHADA is present.
It appears from roznama that matter is pending for taking steps against defendant No. 3 since many dates, but plaintiff is not proceeding with the matter. Hence, plaintiff is directed to take necessary steps failing which further order will follow.
Matter is adjourned to 22.12.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: The PO is on leave in 1st session. Hence, board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv.Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff is present.
None for defendant.
Adv. for plaintiff seeks time to file affidavit of service against defendant no.3
Matter is adjourned to 21.06.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: As the Court is on leave.  Hence, Board is discharged and matter is adjd. to
Next Purpose: SERVICE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Advocate Kudalkar present for plaintiff and submitted that he is going to delete defendant no. 3. The ld. counsel asked to secure the presence plaintiff on the next date and he submitted that he will file the appropriate application.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
None present for other defendants.
Matter is adjourned for WS to 21/10/24.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: Adv. T. A. Dhotre present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present and sought adjournment..
Matter is adjourned for WS to 19/12/24.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2024

Date: 19-12-2024
Business: None present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present and sought adjournment.
Matter is adjourned for WS to 20/02/25.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Uma Jadhav h/f Adv. Kudalkar for plaintiff present.
Adv. Ms. Mangal Kadam for defendant nos. 1 and 2/MHADA is present.
ORDER
Perusal of the record shows that, Advocate for the plaintiff is directed to secure the presence of plaintiff by the order dated 21.08.2024. However, neither the plaintiff appears nor he took steps against defendant no. 3 as directed by order dated 12.06.2023. This shows that, the plaintiff is not interested to proceed with the matter. Hence, matter is kept for dismissal order.
Matter is adjourned to 01.03.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 01-03-2025

Date: 01-03-2025
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: Adv. Darshan Jain h/f Adv. Kudalkar present for plaintiff.
None present for defendants.
KB LO at 01.10 pm.
Adv. T. A. Dhotre h/f Adv. Kudalkar for plaintiff present and she filed application for deleting the name of defendant no. 3. t.o.r. marked as Exh.6.  O- Other side to say.
Matter is adjourned for filing say on Exh. 6 to 10/06/25.
Next Purpose: FILING SAY
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Adv. Kudalkar present for plaintiff and filed application to delete the name of defendant No.3 tor and marked as Exh.06
O- Say of defendant.
Adv. Ms.Mangal Kadam for defendant/MHADA is present.
Say filed by the defendant on the application itself.
Order on Exh. 06
Heard Advs. for plaintiff and defendant Nos. 1 and 2.
It is submitted that plaintiff is not claiming relief against defendant No.3 and do not want to proceed against defendant No.3. Hence, prayed to delete the name of defendant No.3. Adv. for defendant Nos. 1 and 2 strongly opposed the application on the ground that presence of defendant No.3 is required to decide the matter. However, it is further submitted that the defendant No.3 is fictitious person and he is no more in existence. In the case, the plaintiff is not interested to proceed against defendant No.3 and it is the choice of plaintiff to proceed against defendant No.3 or not. The defendant Nos. 1 and 2 failed to show how defendant No.3 is necessary party. Therefore, the application is allowed and name of defendant No.3 be deleted from the array of defendants.
KB LO at 1.30 P.M.
Advocate for defendant no. 1 and 2 filed pursis to treat reply of notice of motion as written statement. Taken on record and marked as Exhibit-7. O- Seen and filed.
Written statement. Taken on record and marked as Exhibit-8. O- Read and recorded.
Matter is adjourned to for 22.08.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: None present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
As plaintiff and his advocate are absent, Matter is adjourned to 07/11/25 for draft issues. (Morning session)
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Adv. T. A. Dhotre h/f Adv. Kudalkar present for plaintiff.
None present for defendants.
Matter is adjourned to 06.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: NOB. TOB.
Writ is received from the Honble High Court in APPEAL FROM ORDER NO. 225 OF 2020 WITH INTERIM APPLICATION NO. 3832 OF 2020 (For Stay) (CORAM JITENDRA JAIN, J) has passed the following order on 25th September, 2025.
Order
P.C.
1.These appeals challenge an order dated 20 October 2020, whereby the notice of motion taken out by the original plaintiff/appellant was dismissed. The said motion was taken out for allotment of permanent alternate accommodation in the reconstructed building and not to dispossess the plaintiff from the transit accommodation.
2.The original suit is at the stage of finalising the draft issues. Therefore, these appeals can be disposed of by directing City Civil Court to decide the suit finally without getting influence by the observations made in the impugned order dated 20 October 2020 since the impugned order was only on notice of motion where only prima facie case is to be considered. I am sure the learned Judge while deciding the main suit finally will consider all the evidence and would not get influence with the observations made in the impugned order.
3.These appeals are disposed of in above terms. Interim applications do not survive and are disposed. Interim relief, if any, stands vacated.
Original Writ order dtd. 25.09.2025 is returned to the Department and copies thereof are taken on record.
Matter already adjourned to 06.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: Advocate Kudalkar present for plaintiff.
None present for defendants.
This court is of the view that, the matter is suitable to keep before lok-adalat. Therefore, issue lok-adalat notice to both the parties.
Matter is adjourned to 14.03.2026 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026

Date: 14-03-2026
Business: Matter pertains to Court Room No.09
Plaintiffs are present in person.
Adv. Ms.Kavita Shinde for the plaintiff is present.
Adv. Mr. G.J. Ramchandani for defendant Nos. 1,2 and 3 is present. Defendant Nos. 1 and 2 are present in person.
Matter not settled.
Matter adjd. to  23.03.2026  for Directions.
Adv. Gargi R. Bhatkar                        HHJ. Shri. Anil D. Salunkhe
     Panel Member                                             Panel Head
Next Purpose: DIRECTIONS
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: None present for plaintiff.
None present for defendants.
Matter is adjourned to 09.05.2026 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: Matter pertains to Court Room No.09
None present for plaintiff.
None present for defendant.
As none appeared for both sides, matter could not be settled.
Matter be posted to 20/06/2026 for same stage from which matter was referred to lok-adalat.
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: None present for plaintiff.
None present for defendants.
Matter is adjourned to 13.10.2026 for Draft issues.
                                                                                                Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: Not on board /Taken on board.
This Court is of the view that, the matter is suitable for settlement through Lok-adalat and thereby required to keep before ensuing lok-adalat. Therefore, Issue lok-adalat notice to both the parties.
Matter is adjourned to 12.09.2026 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-09-2026

Date: 12-09-2026
Business: NATIONAL LOK-ADALAT HELD ON 12.09.2026 (Panel-7 )
Matter pertains to C.R. No.9.
Plaintiff, defendant and their respective advocates all are absent.
Matter not settled in Lok-Nyayalaya so it is referred to regular court to 04.11.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 04-11-2026

Registration Number: 101218/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 104688/2020
Filing Date: 25-09-2020
First Hearing Date: 26th November 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE