Ekta Kokari Aagar CHS Association Ltd.VsMLA Capt. Shri R. Tamilsalvan +4 more

Date: 29-06-2019
Business: Adv. Anushka Shreshtha for the Plaintiff present.
Adv. Anand Jondhale for Defendant no. 1 present.
Original registered N/M No. 2238/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Written Statement cum reply tendered by Defendant no. 1. t.o.r.
Application tendered by adv for the Plaintiff for seeking extension of time to serve writ of summons to Defendant nos. 2 to 5. t.o.r. Time is extended, as prayed.
S. K. Borkar District Planning officer present on behalf of Defendant no. 5.
Defendant nos 2 to 5 though served with N/M, failed to file reply to N/M. Hence no reply order is passed against Defendant nos. 2 to 5.
Pursis tendered by def tno. 1 disclosing the fact that annexure A mentioned in the WS cum reply to N/M has remained to be annexed, but it is tendered alongwith N/M taken out by Defendant no. 1. t.o.r O-R and R.
Court is busy in other matters on board.
Matter is adjd. to 3.07.2019 for N/M hearing at 11.00a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Anushka Shreshth for the Plaintiff present.
Adv. Anand Jondhale for Defendant no. 1 present.
Adv. Shukla for Defendant no. 5 present.
Adv. Subhedar for Defendant no.2 to 4 present.
Officer of Defendant no. 5 present.
Heard.
The Plaintiff is directed to file affidavit of concerned, in view of submissions made on the basis of documents tendered by Defendant no. 1 alongwith N/M of Defendant no. 1 and further directed to place on record documentary evidence to show that 29 societies are members of the plff\''s association. Further it seems that the Plaintiff has filed WP before the Hon\''ble High Court and also filed this suit in respect of suit subject construction. Hence, the Plaintiff is directed to opt one foram in respect of suit subject.
Earlier ad interim order be continued till next date.
Matter is adjd. to 8.07.2019 at 12.30a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2019

Date: 03-07-2019
Business: Adv. Anushka Shreshth for the Plaintiff present.
Adv. Anand Jondhale for Defendant no. 1 present.
Adv. Shukla for Defendant no. 5 present.
Adv. Subhedar for Defendant no.2 to 4 present.
Officer of Defendant no. 5 present.
Heard.
The Plaintiff is directed to file affidavit of concerned, in view of submissions made on the basis of documents tendered by Defendant no. 1 alongwith N/M of Defendant no. 1 and further directed to place on record documentary evidence to show that 29 societies are members of the plff\''s association. Further it seems that the Plaintiff has filed WP before the Hon\''ble High Court and also filed this suit in respect of suit subject construction. Hence, the Plaintiff is directed to opt one foram in respect of suit subject.
Earlier ad interim order be continued till next date.
Matter is adjd. to 8.07.2019 at 12.30a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Anushka Shreshth for the Plaintiff present.
Adv. Anand Jondhale for Defendant no. 1 present.
Adv. Matina Sapkal for Defendant no 5 present.
Adv. Subhedar for deft no.  MMRDA present
List of the documents tendered by the Plaintiff. t.o.r.
List of the documents tendered by Defendant no. 1. t.o.r.
Affidavit of Devendra Tanda tendered by the Plaintiff in support of N/M of the Plaintiff. t.o.r.
Heard arguments
Earlier ad interim order be continued till next date.
Matter is adjd. to 18.07.2019 for further N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Court is on half day leave
Matter is adjd. To 22/07/2019 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv. Anushka Shreshta for the Plaintiff present.
Adv. Anand Jondhale for defendant no. 1 present.
Adv. Subhedar for defendants no. 2,3,4 present.
Officer Prashit Ganvir Dy. Planner SRA Cell MMRDA present.
Partly heard advocates for both parties.
Earlier order to continue till next date.
Matter is adjd. To 23.07.2019 at 12.30pm for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Adv. Anushka Shreshta for the Plaintiff present.
Adv. Anand Jondhale for defendant no. 1 present.
Adv. Subhedar for defendants no. 2,3,4 present.
Officer Prashit Ganvir Dy. Planner SRA Cell MMRDA present.
Application filed by advocate for Plaintiff. TOR and marked as Exh.9
Adv. for defendants no. 2,3,4 filed list of Societies who have given NOC/proposal to defts no. 2 to 4 for composite structure tendered by defendant no. 2 to 4 TOR and marked as Exh. 10
Affidavit of Chairman of Santosh Mata Chambers Ltd. Tendered by Plaintiff. TOR and marked as Exh. 11
O- Adv. Jondhale to file say.
Arguments Heard advocates for both parties.
Earlier order to continue till next date.
Matter is adjd. to 02.08.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Adv. Anushka Shreshtha for the Plaintiff present.
Adv. Subhedar for deft no. 2 to 4 MMRDA present
Adv. Jondhale for Defendant no. 1 present.
Defendant no. 1 has tendered say to exh.
FRSR the following order is passed. Dictated in open court.
                                   ORDER
1.  Notice of Motion No. 2238 of 2019 of the Plaintiff is hereby dismissed with costs and accordingly disposed of.
2.  Notice of Motion No. 2116 of 2019 of Defendant no. 1 is disposed of.
Application tendered by the plaintiff for extending interim order till the appeal period. t.o.r. O-Other side to say.
Matter is adjd. to 15.10.2019 for passing no WS order against Defendant nos. 2 to 5/ hearing on exh.
Next Purpose: HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: None present for the Plaintiff.
Adv. Subhedar for deft no.2 to 4 MMRDA present
None present  for Defendant-1.
None present  for Defendant no. 5
Application tendered on 2.08.2019 by the Plaintiff stands disposed of.
Matter is adjd. to 3.03.2020 for passing no WS order against Defendant nos. 1 to 5
Next Purpose: HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None for Plaintiff.  None for D/1 to 5.
No W/S order is passed against the defendants.
Suit to proceed without W/S.
Matter is adjd. for Exparte Evidence to 22/6/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 12/04/2021 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: due to covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: due to covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None for Plaintiff.
None for Defendant.
On perusal of roznama it appears that deft.no.1 has filed WS at Exh.,5. Inspite of that without framing issues the suit is posted for no WS hearing. Therefore, adjd. for framing issues.
Matter is adjd. to 14/12/21 for F/I.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None for plaintiff.
Adv. Subhedar for defendant No. 2/MMRDA present.
Matter is adjd. to 19/03/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present  for plaintiff.
None present for defendant.
Issues are framed at Exh. 13.
Matter adjourned for RE to. 09-06-22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. subhedar present for defendant 02 and  03/MHADA.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for RE/dismissal order to 13/07/22.
Next Purpose: DISMISSAL
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for plaintiff.
None present for defendants.
Considering the fact that it is raining heavily today.
Matter adjourned for dismissal order to 05.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None present for plaintiff.
None present for defendant.
kb.
l.o. at 03.40 pm.
None present for plaintiff.
None present for defendant.
From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further and did not adduce evidence. Therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 05-08-2022

Registration Number: 101558/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101558/2019
Transfer Date: 16-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 105662/2019
Filing Date: 22-05-2019
First Hearing Date: 29th June 2019
Decision Date: 05th August 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE