Fakhrunisa Mohd. Zaheer Shaikh +1 moreVsMHADA +2 more

Date: 03-06-2019
Business: Adv Mr. B. P. Shukla for Plaintiff present.
Adv. Ms. Kamdar for Defendant no. 3 present.
Adv. Mr. Shette for Defendant nos. 1 and 2 present.
Draft NM alongwith affidavit in support taken out by the Plaintiffs for restraining Defendant nos. 1 and 2  temporarily from demolishing suit shop and evicting the Plaintiff from suit shop in pursuance of order dtd 8.03.2019 passed by Defendant no. 2. t.o.r Leave is granted to register.
Reply to NM tendered by Defendant no. 3. t.or.
Adv for Defendant nos. 1 and 2 seeks adjournment for filing reply to NM. Granted as a last chance.
Matter adjd to 14.06.2019 for NM reply by Defendant nos. 1 and 2/ WS by Defendant nos. 1 to 3
Next Purpose: REPLY
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Mr. Shukla for the Plaintiff present.
Adv. Mr. Shetty for Defendant no. 1 and 2 present.
Adv Ms. Nanki for Defendant no. 3 present.
Mr. Suryawanshi and Katare officers of Defendant nos. 1 and 2 are present.
Vakalatnama tendered by Defendant nos. 1 and 2. t.o.r. O-filed.
Original registered N/M No. 1995/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Adv for Defendant nos. 1 and 2 seeks adjournment for filing reply to N/M.  Granted as a last chance.
Matter is adjd. to 21.06.2019 for N/M reply by Defendant nos. 1 and2 and hearing/ WS by the defts.
Next Purpose: REPLY
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: Son of Plaintiff no. 1 and husband of Plaintiff no. 2 by name Adv. Mr. Imran Azmi present before the court.
He has submitted that the Plaintiff\''s have engaged Mr. B. P. Shukla in this case and he has further submitted that in earlier 6 connected matters the court has made statement regrading the decision of the matter, but thereafter he has again submitted that mistakenly he understood so, but nothing in his mind and he accepted that the court has not said anything regarding the order to be passed. He tendered apology. His apology accepted. He has submitted that the plffs are intending to raise total 14 points for argument in N/M.
LO at 5.15p.m.
Adv. J. S. Yadav for the Plaintiff present.
Adv. Prabhu for MHADA Defendant no. 2 present.
Matter is adjd. to 25.06.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Adv. Redekar for the Plaintiff present.
Adv. Chirag Kamadar for Defendant no. 3 present.
Advocate Prabhu for defendant no.1 and 2 present.
Advocate for the plaintiff requested to keep back the matter.
At the same time advocate for defendant no. 3 has submitted that later on he is not available for arguments. In such circumstances Matter is adjd. to 26.06.2019 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Mr. Shukla for the Plaintiff present.
Adv. Mr. Shlok for Defendant no. 3  present.
Adv. Ms. Prabhu for defendant no. 1 and 2/ MHADA present.
Rejoinder to reply tendered by the plaintiff in N.M no. 1995/19. t.o.r.
Already tendered vakalatnama
Already tendered address memo
Already tendered vakalatnama of defendant no. 1 and 2
advocate for defendant no. 3 undertakes to tender vakalatnama on next date.
List of the documents alongwith documents/photographs tendered by plaintiff. t.o.r.
List of the documents filed by defendant no. 1 and 2.
List of the judgments tendered by defendant no. 1 to 3. t.o.r.
Matter is adjd. to 29.6.2019  for  N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2019

Date: 29-06-2019
Business: None present  for the Plaintiff.
Adv. Sholk for Defendant no. 3 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Court is busy in other matters on board.
Matter is adjd. to 4.07.2019 for orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Yadav for the Plaintiff present.
Adv. Prabhu for MHADA Defendant no.1 and 2 present.
KB for orders.
Connected matter adjourned.
Hence, matter is adjd. to 18.07.2019 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Adv. Shukla for the Plaintiff present.
Adv. Prabhu for Defendant No. 1 and 2 present.
Adv. Nanki for defendant No. 3 present.
Exh-7  Adv. Prabhu filed vakalatnama on behalf of defendant No. 1 and 2 tor.
Mr. Anil Govardhan Deputy engineer C-1 ward MHADA is also present.
Adv. for plaintiff tendered Notice of MHADA dt. 09/07/2019. In view of the said notice it is submitted by the adv. for defendant/MHADA and officer who is present before the court,  that notice structure building is 80 years old building and concerned plaintiff has to take risk of life of his family and passers by if any untoward incident occurred in respect of the said building.
Considering the submissions of Adv. for MHADA and officer of MHADA, if the plaintiff is not intending to vacate the premises in view of notice dt. 09/07/2019, it is for the plaintiff to take risk at his own in respect of suit subject shop and customers in the shops and passers by.
Accordingly the plaintiff is directed to file undertaking before the court on 19/07/2019.
Failure to file undertaking by the plaintiff, MHADA is at liberty to initiate further action against the plaintiff in view of notice dt. 09/07/2019
Matter is adjd. to 19/07/2019 for undertaking by the plaintiff.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Plaintiffs No. 1 and 2 are present before the court.
Adv. Prabhu for Defendant No. 2  present.
Adv. Paridhi for defendant No. 3 present.
Exh- 7 Undertaking tendered by plaintiff No. 1 and 2. R and R.
Matter is adjd. to 24/07/2019 for NM orders
Next Purpose: NM  ORDERS
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Son of Plaintiff no. 1 present
Adv. Prabhu for Defendant no. 1 and 2 present.
Adv. Shlok h/f adv. Bhadang for Defendant no. 3 present.
Heard advocates for both parties.
By consent of adv. for Plaintiff and defts.  matter is adjd. for orders on next date on the ground of possibility of settlement in the suit.
Matter is adjd.to 31.07.2019 at 11.00am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: None present  for the Plaintiff.
Adv. Bhadang for Defendant-3 to 17 present.
Adv. Prabhu for MHADA Defendant no. 1 and 2 present.
Court time is over.
Matter is adjd. to 5.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adjd
Next Purpose: FOR___________________
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Plaintiff absent.
Adv. Prabhu for MHADA Defendant no.1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-08-2019

Date: 07-08-2019
Business: Plaintiff absent.
Adv. Prabhu for MHADA Defendant no.1 and 2 present.
Officer of MHADA present.
Matter is adjd. to 20.11.2019 for proof of service of writ of summons/ WS by the Defendant
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv. B. P. Shukla for the Plaintiff present.
Adv. Bhadang for Defendant-3 to 17 present.
Adv. Kandekar for MHADA Defendant no. 1 and 2 present.
Order passed below exh. 9.
Heard Ld adv for the Plaintiff and Ld adv for Defendants no. 1 and 2 and 3 to 17 at length. It is urged by Ld adv for the Plaintiff that this application has been filed u/s 141 of the CPC. Relief claimed in this application for granting stay to the operation of order dtd 5.08.2019. Further it is urged that as the copy of the order was not ready, it was not possible for the Plaintiff to file appeal against the order. Hence, prayed for allowing the application. Further he has place his reliance in Kranti Mohan V/s Fatehchand Vasuram,  Reported in AIR 1982 Bombay, page 263 and particularly in para no. 21.
        This court has signed the order on 27.08.2019. The Plaintiff has filed this application on 27.08.2019, though order has been passed on 5.08.2019. N/M has been decided on merits by giving opportunity to all the parties and considering documents tendered by the parties. Considering the nature of this application, this application is not u/S 141 of the CPC. Section 141 of the CPC provides procedure for Misc proceedings, as procedure provided in the CPC to the suits. Further in view of O-43 R-2 of CPC is concerned for appeals from orders, O-41 of the CPC is applicable. O-41 R-5 (2) provides stay by the court, which passed the decree and in the present case, it is for the court which passed the order. Now basically considering the relief for stay to the order, as this court has dismissed N/M, there is no executable order passed by this court to stay, the order passed on 5.08.2019. Apart from, even the Plaintiff has not shown sufficient cause to grant injunction, after passing order in N/M on merits. The court has considered prime facie case of the Plaintiff, while passing dismissal order in the N/M. Thus, in such circumstance, principle held in the authority cited by adv for the Plaintiff is not applicable to the present set of fact as facts are totally different. Thus, in the background, present application is not maintainable. Hence, application is hereby rejected.
Matter is adjd. to 20.11.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: None for plaintiff.
Adv. Akash Lodha for D-3 present.
Matter adjd for W/S to 12.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Representative of Plaintiff  is present.  Adv. is absent.
Adv. Prabhu for defendant no.1 and 2 is present. She filed application for considering the affidavit in reply as WS in the suit.  O granted.
Affidavit in reply of defendant no. 1 and 2 (WS)
KB
L.O.at  01.55  pm
None present  for plaintiff.
Matter is adjd.  for draft issues to 17/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Advocate Prabhu for defendant 1 and 2 present.
Advocate Nankin for defendant 3 present.
Advocate S. K. Shah for plaintiff present.
Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o  16/04/2021.
Matter is adjd. to 16/04/2021 for tendering registered NM.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: due to covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today. Hence, Matter is adjd. to 23/10/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Adv. J. S. Yadav for plaintiff present.
None defendants.
Advocate for the plaintiff tendered registered N/M No.631/2021 along with affidavit in support. t.o.r.
Matter is adjd. to 22/11/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: As Court is busy in hearing argument in SU 2173/21 of NM 2809/21. Hence, board is discharged.
Matter is adjd. to 08.12.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv Ms.Saraf for defendant no.3 present.
Matter is adjd. to 01.02.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Son of plaintiff, Adv.Imran Azmi is present.
Plaintiff No.2 is present.
Adv.Yash for defendant no.3 is present.
The suit was listed on 24.02.2022.  However, on 20.12.2021, the matter was taken on board by preceipe by the plaintiff for urgent hearing of Notice of Motion No.631/2021. Accordingly, the arguments on Notice of Motion No.631/2021 was heard on 22.12.2021 and the suit was listed on 04.01.2022, 11.01.2022 and 19.01.2022 and today for orders on Notice of Motion No.631/2021. Today, Suit No.1273/2019 is on regular board at serial No.2, but the Notice of Motion No.631/2021 is wrongly showing the earlier date in CIS as 24.02.2022. Hence, Notice Motion is taken on board in CIS along with suit and for the reason separately recorded, the following order is passed.
                                    ORDER
1. Notice of Motion No.631  of 2021  is dismissed with cost.
2. Notice of Motion No.631  of 2021 is disposed of accordingly.
Matter is adjd. to 18.04.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: None present for plaintiff.
Adv. Nancy present for defendant no. 03 and sought adjournment for taking necessary steps for filing written statements.
Matter adjourned for issues to 09.06.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: None present for plaintiff.
Adv. Mansi Joglekar present for defendant 03 and sought adjournment for taking necessary steps for filling WS.
Matter adjourned for issues as a last chance to 23/06/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: None present for plaintiff.
Adv. Briganza present for defendant 03 and tendered vakalatnama on behalf of defendant no. 03. t.o.r marked as Exh.12.
He also sought adjournment for taking necessary steps for filling WS.
Matter adjourned for issues to  04/08/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None present for plaintiff.
Adv. S. R. Alana present for defendant no. 03.
Adv. Imran Azmi/Plaintiff no. 02 in person present and tendered draft chs. @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Imran tendered vakalatnama on behalf of defendant no. 02.  t.o.r marked as Exh. 13.
None present for other defendants.
Matter adjourned for service and reply to chs. To 22/08/22.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: None present for plaintiff.
Adv. Briganza present for defendant no. 03 and submitted that, plaintiff has not served all the documents annexed with affidavit in support of chs.
Adv. Mangal Kadam present for defendant 01 and 02/MHADA.
As plaintiff and his adv. are absent, Matter adjourned for service and reply to chs. To 26/09/22.
l.o. at 04.06 pm.
Adv. S. R. Patel present for the plaintiff and he tendered original registered cs. 1180/2022 @ affidavit. t.o.r.
Next Purpose: SERVICE
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. patel present for plaintiff and he submitted that, he will supply the documents annexed with the affidavit to the defendants.
Adv. Chandramore present for defendant/MCGM.
Adv. Briganza present for defendant no. 03.
Matter adjourned for to 11/10/22.
Next Purpose: SERVICE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Plaintiffs in person present.
Adv. S. R. Patel present for plaintiff and sought adjournment and sought adjournment for withdrawal of suit.
Adv. Briganza present for defendant 03.
Matter adjourned for withdrawal of suit/steps to 14/11/22.
Next Purpose: WITHDRAWAL
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for plaintiff.
Adv. Ms. Fatima for defendant No.3 present.
None present for defendants.
As plaintiff and his advocate are absent and did not take steps.
K.B. Later on - 3.20 p.m.
Adv. S. R. Patel Present for plff. and tendered application for permitting plaintiff the withdrawn the suit. t.o.r. marked as Exh.14
Plaintiff no. 2 in person present.
Heard Ld. Adv for plff. and Adv. for deft. No.3 on Exh 14.
The following order is passed on Exh.14 : -
                           ORDER
Peruse the application and record.
Plaintiff\''s want to withdrawn the suit unconditionally.
Plaintiff\''s are the master of the suit.
Hence application Exh.14 is made absolute.
Plff. No.2 and Adv for plff. submitted to disposed of the suit and Ch/s No. 1180/22 as withdrawn unconditionally.
Hence, suit is disposed off as withdrawn unconditionally.
Ch/s No. 1180/22 is disposed off as withdrawn.
Proceeding be close.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-11-2022

NOTICE OF MOTION/101995/2019
CHAMBER SUMMONS/101180/2022
NOTICE OF MOTION/100631/2021

Registration Number: 101273/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101273/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 105560/2019
Filing Date: 15-05-2019
First Hearing Date: 03rd June 2019
Decision Date: 14th November 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE