Date: 21-12-2020
Business: Adv Hardik Desai present for the plaintiff.
He tendered draft Ch/s a/w affidavit in support TOR. Leave is granted to register Ch/s.
Adv Tanmay Sawant present for the defendant no 1.
EOC till next date.
Matter is adjd. to 14.01.2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv. Ms. Panchal for the plaintiff.
Adv. Mr. Deshmukh for the defendant no.1.
Registered NM No. 1889/2020 along with affidavit in support filed by advocate for the plaintiff.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Vakalatnama filed by Advocate for the defendant no.1.
Reply filed by advocate for the defendant no.1. t.o.r.
Plaintiff has yet not registered the Ch/s. On oral request time to register Ch/s is extended till next date.
Earlier order to continue till next date.
Matter is adjd. to 29/01/2021 for steps for service of summons on defendants no.2 and 3, NM hearing and filing registered Ch/s.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None for plaintiff.
Adv. Mr. Kapse for the defendant No.2
API- Dhebe attached to Parksite police station is present.
Last chance is granted to the plaintiff for tendering registered Ch/s till next date.
Matter is adjd. to 05/04/2021 for NM hearing/steps for service of summons to defendants No. 2 and 3 and filing registered Ch/s.
L.O. 04.10 pm.
Adv. Mr. Gandhi for the plaintiff .
Adv. Mr. Kapse for the defendant No.2.
Advocate for the plaintiff tendered registered Ch/s 106/2021 along with affidavit in support and service. t.o.r.
Defendant no.2 filed reply to Ch/s.
Application for extension of ad-interim relief. O-Other side to say.
Say filed by defendant No.2.
ORDER
Ad-interim relief if any to continue till next date.
Rejoinder filed by plaintiff to NM 1889/2020. t.o.r.
Affidavit of service of plaint filed by the plaintiff. t.o.r.
Advocate for the plaintiff filed application for issuance of summons to defendants No.2 and 3.
O- Re-issue summons to the defendants No.2 and 3.
By consent matter is adjd. to 10/02/2021 for NM hearing/steps for service of summons to defendants No. 2 and 3.
Next Purpose: SERVICE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Mr. Gandhi for the plaintiff.
Adv. Mr. Trivedi for the respondent No.2.
Adv. Mr. Kranti Lawangare along with Adv. Mangal Bhandari along with Adv. Mangesh Deshmukh for the defendant No.3.
Vakalatnama filed by advocate for the defendant No.3. t.o.r.
Application for extension of time for service of letter of request upon defendant No.3 filed by advocate for plaintiff. O-Time is extended.
Ad-interim relief if any to continue till next date.
Heard arguments on Ch/s.
F R S R following order is passed:
O R D E R
1. Chamber Summons No.106 of 2021 is partly allowed in terms of prayer clause (b) subject to costs of Rs.1,000/-.
2. The plaintiff to carry out the proposed amendment in the plaint on or before the next date as per the schedule to the chamber summons. However, the words “defendant No.5” be replaced with the words “the Chief Executive Officer, Slum Rehabilitation Area” wherever it occurs in the schedule to the chamber summons.
3. Defendants shall be at liberty to file an additional written statement, if any, to the extent of the amended plaint.
4. Chamber Summons No.106 of 2021 is accordingly disposed of.
Matter is adjd. to 24/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Gandhi present for the plaintiff
Adv Sawant present for the defendant no.1
Application for directions/ clarification about payment of cost filed adv for the plaintiff.
Order
As per order dated 10.02.2021, Ch/s No.106 of 2021 was made absolute in terms of subject to cost of Rs.1000/-. From the application, it appears that the department had declined to accept the cost on the ground that in the order, there is no specific directions as to whom the cost to be paid and the plaintiff was not allowed to carry out the amendment within the time stipulated by the Court. It is not for the department to raise such frivolous objections. The question, if any as to the payment of the cost arises, the department may refer the parties to the court, but the department cannot refuse to accept the amount of cost. Hence, the Asst. Registrar, Cash Department is directed to accept the amount of cost from the plaintiff forthwith.
Time to carry out amendment is extended till next date.
Ad-Interim relief to continue till next date.
Letter of request filed by adv for the plaintiff about service to defendant no.2 TOR
Matter is adjd to 10.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Desai for the plaintiff.
Adv. Bhandari for the defendant No.1.
Adv. Giriaj for the defendant No.3.
Amended copy of the plaint filed by advocate for the plaintiff.
Copy supplied to other side.
Ad-interim relief if any to continue till next date.
Matter is adjd. to 17/03/2021 for NM reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Mr. Gandhy along with Adv. Desai for plaintiff.
Adv. Mr. Bhandari for defendant No.1.
Adv. Kudalkar for defendant No.2
Adv. Adhiraj for the defendant No.3.
Written statement filed by advocate for the defendant No.2. t.o.r.
Reply filed by advocate for the defendant No.2. t.o.r.
Advocate for the plaintiff submits the plaintiff does not want to reply upon the document at page No.103 CC and 103 DD of the amended plaint.
Ad-interim relief if any to continue till next date.
Matter is adjd. to 09/04/2021 for NM reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv.Indira Labde for plaintiff.
None for defendant.
Ad-interim relief if any to continue till next date.
Matter is adjd. to 18.06.2021 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Adv. Mr. Hardik Desai for the plaintiff is present.
None for defendants.
Earlier order if any, is continued till next date.
Rest of the defendants not filed say on NM.
Matter is adjd. to 14/07/2021 for NM No. 1889/2020 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Adv. Ms. Indira Labdhe for the plaintiff present.
None for defendants.
Earlier order if any, is continued till next date.
Matter is adjd. to 13/08/2021 for NM No. 1889/2020 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mr. Sawant for the defendant No.1 present.
Earlier order if any, is continued till next date.
Matter is adjd. to 08/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: CORAM : H. H. J. SHRI. S. D. KULKARNI (C.R.NO. 8)
Adv. Aditya Khare for plaintiff present.
None for defendant.
Earlier order, if any to continue till next date.
Matter is adjd. to 24/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Desai for plaintiff present.
Adv.Bhandari for defendant No.1present.
Adv.Kapse for defendant No.2 present.
Earlier order if any to continue till next date.
Matter is adjd. to 12.10.2021 at 1.00pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Panchal for the plaintiff present.
None for defendants.
Earlier order if any, is continued till next date.
Matter is adjd. to 12/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Matter pertains to C.R. No.09
Adv. Mr.Hardik Desai h/f Adv. Gandhy for plaintiff present.
None present for the Defendants.
Earlier order if any, to continue till next date.
Matter is adjd. to 06/12/2021 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Date: 20-12-2021
Business: Adv. Mr. Hardik Desai for Plff. present.
Adv. Mr. Mangesh Deshmukh for Deft. present.
As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Earlier order if any to continue till the next date.
Matter is adjd. to 12-01-2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv for the plaintiff present.
Earlier order if any to continue till next date.
Matter is adjd. to 07.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Indira Labde for Plff. present and seeks time.
Adv.M.S. Bhandari for Deft.no.1 present.
Adv. Amit Kapase for Deft/State present.
EOC if any to be continued till next date.
By consent matter is adjd. to 01-04-2022 as last chance for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Mr. P.D.Gandhy for Plff. present.
Adv. Amit Kapse for State/Defendant no. 2 present.
Partly heard arguments of Ld.Adv. for Plff.
Matter is adjd. to 04.04.2022 for further arguments at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. P.D.Gandhi for plaintiff present.
Adv. Bhandari for defendant no. 1 present.
Adv. Kapase for defendant no.2 present.
None appears for defendant no.3.
Heard argument of plaintiffs and defendant nos. 1 and 2 regarding N/m 1889/20. As none present for defendant no.3 argument on his behalf is closed.
Earlier order, if any, to continue till next date.
Matter is adjd. to 12-04-2022 for order on N/m 1889/20.
Next Purpose: NM ORDERS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Matter pertains to CR.09
Adv. Ms. Indira Labde for Plaintiff present.
None present for the Defts.
Earlier order, if any, to continue till next date.
Matter is adjd. to 22.04.2022 for N/M Order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Hardik Desai for plaintiff present.
Court is busy in hearing High Court time bound matter in Stamp No. 6984/18 and R.E. in Suit No. 3641/2012.
Hence, board is discharged.
Matter is adjd. to 28.04.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Rashmi Panchal h/f Adv. Gandhi for plaintiff present.
Adv. Kapase for State present.
None present for defendant.
frsr on N/m 1889/20
Matter is adjd. to 08-08-2022.
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Hardik Desai for plaintiff present.
None present for defendant.
Matter is adjd. to 11.11.2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Ms. Varma for plaintiff present.
Adv. Kudalkar h/f Adv. Kapse for defendant no.2/ state present and seeking time to file WS. Time granted subject to limitation.
Matter is adjd. to 18.01.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Court is on Leave.
Hence, Board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Priyank G. Chudasama h/f Adv. P.D. Gandhy for plaintiff present and tendered registered contempt NM No. 1428/23. Copy served to Defendant/State.
Adv. Priyanka Gaonkar h/f Adv. Kapse for Defendant/State present and seeking time for filing written statement and reply to NM. Time granted subject to limitation.
Matter is adjourned to 05.07.2023 for written statement/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. for the plaintiff is present.
Adv. Mr. Mangesh Deshmukh for defendant No. 1 is present.
Adv. Mr. Amit Kapse for defendant No.2/ State is present.
Adv. for the defendant No. 1 submits that he received copy of NM today and seeks time to file reply on NM. Time is granted.
Matter is adjourned to 06.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Mr. Verma h/f Adv. Gandhy for the plaintiff is present.
Adv. Mr. Shailesh Ahire for defendant No. 1 is present and seeks time to file reply to NM. Time is granted.
Matter is adjourned to 27.10.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Mr. Raghav Dharmadikari h/f Adv. Gandhy for the plaintiff is present.
None present for the defendant.
It appears from the roznama that NM No. 1428/2023 has been filed for contempt. Since this contempt proceeding filed it needs to be registered separately. Hence, office is directed to re-register present NM and removed present NM from CIS.
Matter is adjourned to 18.12.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Mr. Ganesh Verma h/f Adv. P.D. Gandhy for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant No.2 / State is present.
In view of Order dtd. 27.10.2023 NM no. 1428/2023 has been re-registered as MA No. 266/2023. Hence, NM No. 1428/2023 be shown disposed of from CIS.
Adv. for the plaintiff submitted that settlement talks are going on between the parties and prayed for adjournment.
Matter is adjourned to 08.03.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: By Precipe
Adv. Mr.P.D.Gandhy for the plaintiff is present.
Adv. Mr. Mangesh Deshmukh for defendant no.1 is present.
Plaintiff and defendant no.1 submitted Consent Terms. Exh-8
It is submitted that plaintiff and defendant no.1 have settled the dispute in view of Consent Terms and matter be disposed off in view of Consent Terms. It is also submitted on behalf of plaintiff that defendant no.2 and 3 are formal parties and no relief is claimed against defendant no.2 and 3 and plaintiff seeks permission to withdraw suit against defendant no.2 and 3. Advocate for defendant no.2/state is present and he has no objection for the same. Hence, permission granted to withdraw the suit against defendant no. 2 and 3.
It appears that matter has been amicably settled between the plaintiff and defendant 1 in view of Consent Terms (Exh-8). Both the parties and their respective advocates have signed the Consent Terms. Both the parties admitted contents of the Consent Terms.
Parties have annexed Exhibit-A i.e. City Survey remark and Exh-B i.e. City Survey plan to Consent Terms which shall be treated the part and parcel of Consent Terms. Hence, the following order is passed.
-Order-
1. Suit No. 1340/2020 is hereby disposed off as compromised in
view of Consent Terms at Exh-8.
2. Decree be drawn of accordingly.
3. Consent Terms and documents annexed to the Consent Terms be
treated part and parcel of decree.
4. Suit No.1340 of 2020 stands disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 05-01-2024