Mr. Arun Ganpat AgawaneVsMumbai Building Repair and Reconstruction Board +1 more

Date: 01-08-2019
Business: None present  for the Plaintiff.
Adv. Sneha Prabhu for MHADA Defendant no. 1 and 2 present.
Adv for Defendant nos. 1 and 2 seeks adjournment. Granted in view of time prescribed under CPC.
Matter is adjd. to 14.11.2019 for WS by the defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Kudalkar for plaintiff present.
Adv. Satamkarh/f Adv.Sneha Prabhu for Mhada/defendant 1 and 2 present.
As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
Matter adj for W/S to 19.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv.  Darshan Jain h/f Kudalkar   for Plaintiff is present.
None for defendant.
Defendant no. 1 and 2 failed to file WS. Therefore, No WS order is passed against defendant no. 1 and 2.
Matter is adjd. for evidence of plaintiff without WS to 27/02/2020 .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Darshan Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Sneha Prabhu for defendant no. 1 and 2 present.
Adjd. for R/E to 02/04/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Mr. Jain for the plaintiff.
None for defendants.
Matter is adjd. to 30/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for the plaintiff.
Adv Kudalkar present for the defendant.
KB
Exh.1- Plaintiff
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Exh.5 Adv for the defendant filed evidence affidavit TOR O- R and R
Exh.6 List of document TOR O- filed.
Matter is adjd. to 06.12.2021 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv Mr.Kudalkar present for the plaintiff.
Plaintiff is present.
Defendants absent. None present on his behalf. No adjournment application is filed.
KB for cross examination.
Matter is adjd. to 05.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Plff. Arun Agawane is present.
Adv. Kudlakar for Plff. present.
Adv.Sneha Prabhu for Deft./MHADA present.
Both Ld. advocates submit that during pendency of the suit new alternate transit accommodation is alloted to Plff. Hence Plff. wants to amend the plaint.
Matter is adjd. to 21-04-2022 for steps.
Next Purpose: FOR___________________
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Plaintiff Arun Agawane is present in person.
Adv. Pawar for plaintiff present and seeks time to take steps.
Adv. Prabhu for defendants present.
Matter is adjd. to 26-07-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Matter pertains to C.R.No.9
Adv.Vaibhavi Pawar h/f Adv.Kudalkar for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered draft Ch/s along with affidavit.  T.O.R. O. -Leave is granted to register.
Matter is adjd. to 15.09.2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None present for plaintiff.
Adv. Sneha Prabhu for defendant present.
Plaintiff is directed to supply the copy of ch/s to the defendant before the next date and tender the register ch/s.
Matter is adjd. to 10.11.2022 for service of ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Plaintiff and his Adv. Apurva Thorve h/f Adv. Kudalkar present and tendered register ch/s no. 1142/22 alongwith affidavit in support. Copy already served to other party.
None present for deft.
Matter is adjd. to 05.01.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. Apurva Thorve h/f Adv. Kudalkar for plaintiff present.
None present for defendant.
Matter is adjourned to 10.02.2023 for chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Kudalkar for plaintiff present.
None present for defendant.
Matter is adjourned to 23.03.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: The plaintiff is present in person.
Adv. Mr. Darshan Jain for the plaintiff is present.
None present for the defendant.
Adjourned for Ch/s reply to 17.08.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: The plaintiff is present.
Adv. Ms. Vaibhavi Pawar h/f Adv. Kudalkar for the plaintiff is present.
None present for the defendant.
Matter is adjourned to 12.10.2023 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Mr. Pathak h/f Adv. Kudalkar for the plaintiff is present.
None present for the defendant.
Matter is adjourned to 19.12.2023 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv. Mr. Darshan Jain for the plaintiff is present.
None for defendant.
Plaintiff is present.
Adjourned for ch/s. reply to 03.02.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: None present for both the parties.
Matter is adjourned to 30.03.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Adv.Darshan Jain h/f Adv. Kudalkar for plaintiff is present.
None for defendant.
Matter is adjourned to 10.06.2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Mrs.Vaibhavi Pawar h/f Adv. Kudalkar for the plaintiff is present.
None for defendant.
Matter is adjourned to 24.06.2024 for filing of reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: As court is busy in hearing, argument in NM 3009/21 in SU 525/22 and other matters on board. Hence board is discharged.
Matter is adjourned to 25.07.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Advocate for the plaintiff is present.
None for defendant.
Matter is adjourned to 13.09.2024 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Adv. Farkanda Shaikh h/f Adv. Kudalkar present for plaintiff.
None present for defendants.
As defendant and his advocate are absent, Matter is adjourned to 27/11/24 for  CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Adv. Kudalkar present for plaintiff and sought adjournment.
None present for defendant/MHADA.
Defendant/MHADA failed to file reply to CS in this matter. Hence, CS be proceeded further without their reply.
Matter is adjourned to 20/01/25 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: Adv. Uma Jadhav h/f Adv. Kudalkar present for plaintiff and sought adjournment for argue on CS.
None present for defendants.
Matter is adjourned for CS hearing to 19/03/25.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned to 28/04/25 CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: Adv. Uma h/f Adv. kudalkar present for plaintiff.
None present for defendants.
Matter is adjourned to 17/07/25 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: Adv. Farkanda h/f Adv. Kudalkar present for plaintiff.
None present for defendants.
Heard argument by ld adv. for plaintiff on CS no. 1142/22.
                           ORDER On CS 1142/22.
CS  1142/2022 is filed to amend the plaint due to happening of subsequent events. Plaintiff wants to add para no. 17(a) and also wants to change the address of plaintiff due to allotment of transit accommodation. CS is filed the year 2022 and it is already proceeded without reply. I have gone through the CS and the contents. Taking into consideration, the nature of amendment, this court is of the view that, due to change in circumstances the present CS is moved to bring on record the factual aspect. Therefore, no prejudice will cause if the CS is allowed and hence, CS no. 1142/22 is allowed. Plaintiff to carry out amendment within time. CS is disposed of accordingly.
Matter is adjourned to compliance to 08/08/25. (Morning session)
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2025

Date: 08-08-2025
Business: None for plaintiff present.
None present for defendants.
As both parties and their advocates are absent, Matter is adjourned to 12/09/25 for compliance. (Morning session)
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Kudalkar present for plaintiff.
None present for defendants.
Matter is adjourned to 06.11.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: Adv. T. A. Dhotre h/f Adv Kudalkar present for plaintiff and filed amended copy of plaint. TOR and marked as Exh.1A. Copy be served to otherside.
None present for defendants.
Matter is adjourned to 19.12.2025.
Next Purpose: FOR___________________
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: Adv. Aditya Ragde h/f Adv. Kudalkar present for plaintiff and requested to keep back the matter.
None present for defendants.
KB LO at 12.45pm
Adv. Aditya Ragde h/f Adv. Kudalkar present for plaintiff and filed amended plaint. TOR and marked as Exh.1A.
Matter is adjourned to 21.01.2026.
Next Purpose: FOR___________________
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: Adv. Kudalkar present for plaintiff.
None present for defendants.
No additional WS is filed by defendants after amendment in plaint. Keep the matter for filing additional examination-in-chief of plaintiff.
Matter is adjourned to 27.02.2026 for additional examination-in-chief.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Advocate Kudalkar present for plaintiff.
None present for defendants.
KB LO at 1.30pm
Adv. Darshan Jain h/f Adv. Kudalkar for Plaintiff present and filed application for adjournment for production of document. TOR and marked as Exh.7. O-Adjournment granted.
Matter is adjourned to 20.03.2026 for production of document/ REPH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: Advocate Kudalkar present for plaintiff and filed application for production of documents alongwith compilation of documents. TOR and marked as Exh.8. O-Production allowed.
None present for defendants.
KB LO at 12.09pm
Advocate Kudalkar present for plaintiff.
None present for defendants hence, Matter is adjourned to 10.04.2026 for Admission denial of document produced alongwith Exh.8.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjourned.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-07-2026

Date: 03-07-2026
Business: Adv. Sanjana Gaikwad h/f Adv. Kudalkar present for plaintiff.
None present for defendants.
KB LO at 2.50pm
Adv. Darshan Jain h/f Adv. Kudalkar present for plaintiff.
None present for defendant/MHADA. Defendant/MHADA failed to file admission or denial statement hence, matter be kept for hearing on documents.
Matter is adjourned to 24.07.2026 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 24-07-2026

Date: 24-07-2026
Business: Adv. Kudalkar present for plaintiff.
None present for defendants.
Document at sr. nos.2 to 8, 11, 12, 14 and 19 filed alongwith list at Exh.6 are exhibited as follows
Exh.9-Original vacation Notice 3/11/76.
Exh.10-Original Security Deposit Receipt.
Exh.11 colly-Original Indemnity Bond.
Exh.12-Original allotment Letter 14/3/01.
Exh.13 colly-Original Rent receipt.
Exh.14-Original Identity card of Thakubai.
Exh.15-Original death certificate of Thakubai Agawane.
Exh.16-Original Electricity Bill.
Exh.17-Original Adhaar Card of Arun Agawane.
Exh.18-Original Pan Card of Arun Agawane.
Exh.19-Original application dated 4/7/16 (notice dated 04.05.2019).
Matter is adjourned to 13.08.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: Plaintiff present.
Adv. Aditya Ragde h/f Adv. Kudalkar present for plaintiff.
Representative of MHADA submitted that previous advocate appointed by MHADA in this matter has handed over/returned the documents to MHADA it is necessary to appoint new advocate in the matter. Considering submission and the difficulty to cross-examine the plaintiff, short time granted as last chance. If defendant/MHADA failed to appoint new advocate and cross-examine on next date, further order will be passed.
Matter is adjourned to 11.09.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Mr. Nikhil Nipane, Executive Engineer (B-1)
Adv. Kudalkar present for plaintiff.
Adv. P. N. Diwan present for defendant/MHADA and filed Memo of Appearance. TOR marked as Exh.20
O- Seen.
Adv. for defendant/MHADA filed pursis at Exh.21 intimating that defendant MHADA is not going to cross examine the plaintiff.
O- Seen and filed.
In view of pursis at Exh.21, there is no cross-examination of the plaintiff on behalf of MHADA.
Matter is adjourned to 21.09.2026 for RE PH
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-09-2026

CHAMBER SUMMONS/101142/2022

Registration Number: 101968/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 105453/2019
Filing Date: 04-05-2019
First Hearing Date: 01st August 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE