Date: 15-07-2019
Business: By Precipe.
Adv. Sushil Shinde for Plaintiff present.
Draft NM filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy be given to other side.
Ex.2 Adv. Rajapurkar filed V/n for Defendant no.4 t.o.r.
Affidavit of service filed by Adv for Plaintiff t.o.r.
Plaintiff is directed to serve NM upon defendant nos.1 to 3 and 5 through Bailiff and register post A.D.
Already adj to 25.07.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. Puranik for Plaintiff present.
Adv. Rajapurkar for defendant no.4 present.
Reply filed by defendant no.4 to NM t.o.r.
Adv for Plaintiff sought time for service of NM upon defendant nos.1 to 3.
Time is granted for service upon defendant nos.1 to 3.
Adj for service to 21.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Vaiti for Plaintiff present.
Adv. Rajapurkar for defendant no.4 present.
Defendant no.1 present.
Defendant no.1 sought time to file reply.
Time is granted.
Adv for Plaintiff submitted that summons has already been served upon defendant nos.3 and 5.
Plaintiff is directed to file affidavit of service relating to them.
Plaintiff is directed to take steps for service of writ of summons and NM upon defendant no.2 as per provisions of O 5 Rule 21 of CPC.
Adj for reply and service report to 09.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. S. V. Shinde for plaintiff present.
Adv. Rajapurkar for defendant No.4 present and tendered draft notice of motion.
O- Leave is granted to register it.
Adv. Ashish Dubey appeared for defendant No.1 and filed V/N - t.o.r. and marked as Exh.3.
Adv. Ashish Dubey also appeared for defendant No.1 an undertake to filed V/n on behalf of defendant No.2
KB
Copy of draft notice of motion is served on other side.
Reply filed by plaintiff on draft notice of motion itself.
Advocate for plaintiff tendered original Notice of Motion No.2724 of 2019 and joint affidavit of service.
Heard both sides on draft notice of motion.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiff. Heard respective counsel for parties.
Draft notice of motion is taken out by defendant No.4 to condone delay caused in filing written statement. It is contended that delay was caused as defendant No.4 was out of India owing to her occupational requirement and was not available to affirm written statement and delay has been caused in filing her written statement. Accordingly, she made prayer in above terms.
Plaintiff has left it to the discretion of Court and requested to impose costs in case notice of motion is allowed.
It is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.4 has given reason that she was out of India owing to her occupational requirement and was not available to affirm written statement and delay has been caused in filing her written statement. Reason assigned by her is sufficient to condone delay caused in filing written statement. Delay caused is not inordinate and it cannot be termed as deliberate. More so, defendant No.4 has shown her bona fide by annexing written statement along with notice of motion. In above facts and circumstances I am inclined to allow draft notice of motion in the interest of justice and fair trial with certain costs. Hence, passing following order.
ORDER
1.Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- to plaintiff within period of one week from the date of this order.
Defendant is at liberty to deposit costs payable to plaintiff in the Court.
2.On payment of costs written statement of defendant No.4 be taken on record and marked exhibit.
3.Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Defendant No.4 paid costs to plaintiff.
Exh.4 Written statement filed by defendant No.4.
Copy is given to other side.
Adjd. For NM reply of rest of defendants to 08.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Kavita Ghadage for plaintiff present.
Adv. Ashish Dubey for Defendant no 1 present
Adv. Rajapurkar for defendant no 4 present.
KB
LO
Same appearance.
Draft notice of motion filed by advocate for defendant No.1
O Leave is granted to register it.
Copy is served upon plaintiff.
Say filed by plaintiff.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiff. Heard learned counsel for both parties.
Draft notice of motion is taken out by defendant No.1 to condone delay caused in filing written statement and to take the same on record. It is the contention of defendant No.1 that husband of defendant No.1 received notice but he was unwell and due to inadvertence he failed to inform about the notice. After getting knowledge of receipt of notice defendant No.1 appeared in the Court on 21.08.2019 and matter was adjourned for filing reply to 09.10.2019. In first week of October, 2019 defendant No.1 approached to her advocate and given instruction for drafting written statement. On 09.10.2019 her advocate tendered written statement but it was not taken not record as there was delay in filing of written statement. In above circumstances defendant No.1 prayed in above terms.
Plaintiff opposed notice of motion and prayed to dismiss the same.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
In present matter defendant No.1 appeared on 21.08.2019 but she was not represented by her advocate. Matter was adjourned to 09.10.2019 for reply and service of other defendants. From written statement annexed to draft notice of motion it is clear that defendant No.1 has affirmed it on 09.10.2019. This fact itself demonstrate that defendant No.1 does not want to protract trial. It shows bonafide on her part. Reason assigned by her is sufficient to condone delay caused in filing written statement. More so, delay caused is not inordinate and deliberate. Therefore, in the interest of justice and fair trial I am inclined to allow draft notice of motion with certain costs. Hence, pass following order
ORDER
1. Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- (Rupees One Thousand only) to the plaintiff within period of one week from the date of this order.
Defendant No.1 is at liberty to deposit the costs payable to plaintiff in the Court.
2.On payment of costs written statement of defendant No.1 be taken on record and marked exhibit.
3.Draft notice of motion be registered for statistical purpose.
4.Accordingly, Draft notice of motion is disposed off.
Defendant No.1 paid costs of Rs.1000/- to plaintiff.
Plaintiff has acknowledged the receipt of costs of Rs.1000/-.
Exh.5 Written statement of defendant No.1
Pursis filed by advocate for defendant No.1 adopting written statement as reply to notice of motion No.2724 of 2019 It is accepted.
Matter is adjourned for direction to 13.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Shindef for plaintiff present.
Adv. Goyal for defendant no 4 present.
Adv. Ashish Dubey for defendant no 1 present.
Despite service of NM upon defendant no 5, none appeared on behalf of defendant no 5. so notice of motion is to proceed exparte against defendant no 5.
Plaintiff is directed to take steps for service of Writ of summons and NM upon defendant no 3.
Plaintiff is also directed to served Writ of summons upon defendant no 5.
Adv. Ashish Dubey appeared on behalf of defendant no 2 and filed V/N t.o.r. Exh.5
He tendered draft NM t.o.r.
O- Leave granted to register it.
Copy given to plaintiff.
He also annexed W/s to draft NM.
Say filed by plaintiff on draft NM itself.
KB
LO
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiff. Heard respective counsel for parties.
Draft notice of motion is taken out by defendant No.2 to condone delay caused in filing written statement and to take the same on record. She assigned reason that as her husband was suffering from cancer since November, 2018 and he underwent major operation and undergoing Chemo - Therapy session so she has to take care of her husband. Because of that she could not remain present before this court nor depute anyone to make any representation on her behalf.
Plaintiff objected to the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.2 assigned reason on solemn affirmation. There is no reason to disbelieve her contention in that regard. More so, delay caused cannot be said to be deliberate and intentional. Further, defendant No.2 has annexed written statement along with draft notice of motion which shows bonafide on her part and that she does not want to delay the trial. Considering the above facts, in the interest of justice and equity I am inclined to allow present draft notice of motion subject to imposition of costs upon defendant No.2. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2000/- to the plaintiff within period of two weeks from the date of this Order.
Defendant No.2 is at liberty to deposit costs payable to the plaintiff in the Court.
2. On payment of costs, written statement of defendant No.2 be taken on record and marked exhibit.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Defendant No.2 paid the costs of Rs.2000/- to advocate for plaintiff who accepted costs of behalf of plaintiff.
Ex.6 Written statement of defendant No.2.
Defendant No.2 filed pursis to treat written statement as reply to notice of motion No.2724 of 2019.
Adjourned for service of defendant No.3 to 24.01.2010
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Kavita Ghadi for plaintiff present.
Adv. Rajapurkar for defendant No. 4 present.
Now, Adv. S.D.Shinde for plaintiff present.
Plaintiff tendered registered NM 2724/19 t.o.r.
Notice of Motion is duly served upon defendant No. 3 and 5.
Defendant No. 3 is absent and None appeared on behalf of defendant No. 5
Exh.7 Plaintiff also filed Writ of summons t.o.r.
Writ of summons is duly served upon defendant No. 3 and 5.
Adjourned for direction to 18.02.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv Kavita Ghadi for plff present.
Adv Rajapurkar for deft no. 4 present.
Adv Mohsin Panjwani for deft no. 1 and 2 present.
Adv Devdatta Dalvi for deft no. 5 present.
He filed VP for deft no. 5. t.o.r. Marked as Exh. 08.
He filed reply to NM 2724/2019. t.o.r.
Deft no. 3 is duly served. Hence, NM is proceeded without reply against deft no. 3.
Matter stands Adj for NM hearing to 13/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv S. D. Shinde for plff present.
He seeks time to file NM reply. Granted.
Adv Ashish Dube for deft no. 1 and 2 present.
Adv Rajapurkar for deft no. 4 present.
Adv Devdatta Dalvi for deft no. 5 present.
He is directed to tendered register NM 2724/2019.
Matter stands Adj for NM reply to 27/03/2020.
Next Purpose: REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 27-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 30-05-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: REPLY
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv Jitesh Goel for deft no. 4 present.
Matter stands Adj for reply to 09/02/2021.
Next Purpose: REPLY
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv S. D. Shinde for plff present.
Adv Rajapurkar for deft no. 4 present.
Adv Devdatta Dalvi for deft no. 5 present.
He requested date to file NM reply. Granted as last chance.
Matter stands Adj for NM Reply to 09/03/2021.
Next Purpose: REPLY
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. S. D. Shinde for plaintiff present.
Adv. Jitesh Goyal for defendant no.4 present.
Adv. Devdatta Dalavi for defendant no.5 present.
Defendant no.5 registered NM 1119/2020.
Adv. for plaintiff filed reply on NM 1119/2020 itself.
Heard both parties. NM is for condonation of 25 days delay in filing WS of defendant no.5 on the record.
Advocate for plaintiff formally opposed the NM and prayed for cost. It appears that Defendant no.5 is the society. Advocate for defendant no.5 submitted that meetings was not conducted of defendant no.5 society. Considering the reasons mentioned in the NM and small period of delay, NM No. 1119/2020 is allowed and disposed of. No order as to costs.
Defendant no.5 filed written statement. t.o.r. and marked as Exh. 09.
Matter stands Adj to 03/04/2021 for hearing on NM.
Next Purpose: REPLY
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 30-04-2021
Date: 03-04-2021
Business: PO is on leave.
Next Purpose: REPLY
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: Due to Covid-19 matter adjd
Next Purpose: REPLY
Next Hearing Date: 10-07-2021
Date: 30-04-2021
Business: Due to Covid-19 matter adjd
Next Purpose: REPLY
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 28-08-2021
Date: 28-08-2021
Business: Adv S. D. Shinde for plff present.
None for deft.
Matter stands Adj for NM Hearing to 04/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv S.D.Shinde for plaintiff present.
None for defendant.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 08.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021
Date: 04-10-2021
Business: Adv S.D.Shinde for plaintiff present.
None for defendant.
As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 08.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv Krunali for plff present.
She seeks time for NM Hearing. Granted.
Adv Dravya Pravin for deft no. 4 present.
Matter stands Adj for NM Hearing to 10/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. S. G. Shinde for plaintiff present.
Adv. Mohasingh Pejwani for defendant present.
He seek time for hearing. Time granted.
Matter is adjd for hearing on n/m as last chance to 26/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. Shinde for plaintiff present.
None for defendant.
kb.
FRSR following order is passed
Order -
1) N/M No. 2724 of 2019 is hereby allowed.
2) The defendant\''s are hereby restrained from creating third party interest in the suit premises by way of sale, mortgage, etc. till the decision of suit.
3) Notice of motion no. 2727 of 2019 is disposed of with no order as to costs.
Matter is adjd for draft issue to 10/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Minakshi for plaintiff present.
Adv. Dravya Pravin for defendant no. 4 present.
Both parties are seeking for filling draft issue. Time granted.
Parties are directed to give CTS number of suit property.
Matter is adjd for draft issue to 5/01/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Both parties and their advocate are absent.
Matter adjourned to 10/04/2023 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Plaintiff present.
Advocate Mr. Meenashi Shinde h.f. Advocate S.D. Shinde for plaintiff and seeks time to file draft issues. O- Granted.
Defendant and advocate absent.
Matter adjourned for draft issues on 30.09.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: Advocate Ms. Meenakshi Shinde h.f. Advocate S.D. Shinde for plaintiff present.
Defendant and advocate absent.
Matter adjourned for draft issues on 20.11.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: Advocate Ms. Akanksha Bansode h.f. Advocate S.D. Shinde for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for draft issues on 20.01.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Plaintiff present.
Advocate Ms. Dhuri h.f. Advocate Shinde for plaintiff present and she tendered draft issues.
Defendant and advocate absent.
Matter adjourned for draft issues on 13.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Advocate Ms. Sharvari Dhuri for plaintiff present.
Advocate Mr. Rajapurkar for defendant no. 4 present and filed draft issues. Copy served to other side.
Matter is referred to mediation department as there is a possibility of settlement in this matter. Parties are directed to remain present before mediation department held on 10.04.2023.
Plaintiff is directed to intimate about Mediation to defendant no. 1 to 3.
Matter adjourned for Mediation Report on 26.04.2024.
Later on at 11.45 A.M.
Advocate Mr. Lanjekar appears for defendant no. 5 present and filed vakalatnama taken on record and marked as Exhibit-9.
Matter adjourned for Mediation Report on 26.04.2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: (BY PRAECIPE)
Advocate Ms. Sayali Bhaidkar a/w Mr. Lanjekar for defendant no. 5 present and tendered draft Notice of motion. O- Leave granted to register it and is directed to serve copy to other side.
Plaintiff and advocate absent.
Matter already adjourned for NM Service on 26.04.2024.
(Not on Board - Taken on Board)
Mediation report received through mediation dept. t.o.r and marked as Exhibit-10. As per report, mediation is failed.
Matter adjourned for draft issues on 26.04.2024.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Advocate Mr. S.D. Shinde for plaintiff present.
Advocate Mr. Ashish Dubey for defendant no. 1 and 2 present.
Advocate Mr. Rupesh Lanjekar for defendant no.5 present and tendered registered NM 1532/2024. Plaintiff filed reply to NM. Copy given to other side.
Matter adjourned for NM hearing on 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: Advocate Mr. Shinde for plaintiff present.
Advocate Mr. Lanjekar for defendant present.
Kept back
Later on at 4.30 P.M.
Advocate Mr. Shinde for plaintiff present.
Advocate Mr. Lanjekar for defendant no. 5 present.
Heard argument of advocate for plaintiff on NM 1532/2024.
Matter is adjourned for NM hearing of defendant no. 1, 2 and 4 on 02.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: Plaintiff present.
Defendant no. 3 absent.
Advocate Ashish Dubey for defendant no. 1 and 2 present.
Advocate Mr. Rajapurkar for defendant no. 4 present.
Advocate Mr. Lanjekar for defendant no. 5 present.
Matter is adjourned for NM hearing on 12.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2024
Date: 12-07-2024
Business: PO is on leave hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Advocate Mr. S.D. Shinde for plaintiff present.
Advocate Mr. Lanjekar for defendant 5 present.
Advocate Ashish Dubey for defendant no. 1 and 2 present.
Kept back
Later on at 3.55 P.M.
Advocate Mr. Rajapurkar for defendant no. 4 present.
Heard argument of advocate both the parties on NM 1532/2024.
Matter is adjourned for NM orders on 08.08.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2024
Date: 08-08-2024
Business: Plaintiff and defendant no. 3 present.
Advocate Mr. S.S. Singh for defendant no. 5 present.
Advocate Mr. Rajapurkar for defendantno. 4 present.
Matter is adjourned for NM orders on 28.08.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Advocate Ms. Rama Gangan for plaintiff present and filed vakalatnama taken on record and marked as Exhibit-11.
Advocate Mr. Lanjekar for defendant no. 5 present.
Advocate Mr. Hemang A. Bhatt h.f. Devendra S. Rajapurkar for defendant no. 4 present.
Court is busy in hearing argument in NM 2739/2022 in SU 8780/1998.
Matter is adjourned for NM orders on 12.09.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: Advocate Jannat Yadav for plaintiff present.
Advocate Mr. Hemang A. Bhatt h.f. Devendra S. Rajapurkar for defendant no. 4 present.
Court is busy in hearing argument in NM 2663/2024 in SU 2820/2012.
Matter is adjourned for NM orders on 08.10.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: Advocate Hemang Bhatt h.f. Devendra Rajapurkar for defendant no. 4 present.
Advocate Mr. Lanjekar for defendant no. 5 present.
Plaintiff and advocate absent.
Kept back
Later on at 3.20 P.M.
Advocate Pooja D. Kale h.f. Janat Yadav for defendant no. 7 present.
Court is busy in other matters, hence adjourned.
Matter is adjourned for NM Orders on 09.10.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Advocate Mr. Lanjekar for defendant no. 5 present.
Advocate Hemang A. Bhatt h.f. Devendra S. Rajapurkar for defendant no. 4 present.
FRSR following order is passed-
O R D E R
1. Notice of Motion no. 1532 of 2024 is allowed subject to costs.
2. The order passed in NM No.2724 of 2019 is hereby modified.
3. Accordingly, in order to facilitate redevelopment work, defendant no.4 is hereby directed to execute development agreement and vacate peaceful possession of the suit property i.e., Room No.5 situated in ground floor of Contractor Building of Dayabhai Contractor C.H.S., Taikalwadi Road, Opposite Lady Jamshedji Road, Mahim, Mumbai 400 016, in favour of defendant no.5, subject to rights of plaintiff and defendant nos.1 to 4.
4. The defendant no.5 is hereby directed to execute the permanent agreement of alternative accommodation in favour of defendant no.4, obviously subject to rights of the plaintiff as well as defendants.
5. If the defendant no.4 failed to execute the agreement and handover the peaceful possession of suit property i.e. Room no.5 to defendant no.5, then the Commissioner be appointed for that purpose.
Matter is adjourned for draft issues on 13.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: (BY PRAECIPE)
Advocate Mr. Lanjekar for defendant no. 5 present and filed application to make some inadvertent as well as typographical mistakes in the final order passed dated 09.10.2024.
I have gone through the application and final order.
It seems that there are some typographical as well as inadvertent mistakes in operative order. Hence to avoid further complication and to give the clarity the order passed dated 09.10.2024 in NM 1532/2024 is hereby corrected as under -
ORDER
1. Notice of Motion no. 1532 of 2024 is allowed subject to costs.
2. The order passed in NM No.2724 of 2019 is hereby modified.
3. Accordingly, in order to facilitate redevelopment work, defendant no.4 is hereby directed to execute development agreement and vacate and handover peaceful possession of the suit property i.e., Room No.5 situated in ground floor of Contractor Building of Dayabhai Contractor C.H.S., Taikalwadi Road, Opposite Lady Jamshedji Road, Mahim, Mumbai 400 016, in favour of defendant no.5 and the developer, subject to rights of plaintiff and defendant nos.1 to 4.
4. The defendant no.5 and the developer are hereby directed to execute the permanent agreement of alternative accommodation with defendant no.4, obviously subject to rights of the plaintiff as well as defendants.
5. If the defendant no.4 failed to execute the agreement and handover the peaceful possession of suit property i.e. Room no.5 to defendant no.5 and the developer, then the Commissioner be appointed for that purpose.
Matter is adjourned for draft issues on 13.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: PO is on leave, hence adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2025
Date: 18-04-2025
Business: On account of Good Friday, holiday declared on 18.04.2025, hence matter is adjourned to 19.04.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: Advocate for Plaintiff Absent.
Advocate Seemran Wagale present and filed Vakalatnama for Defendant No. 5 t.o.r and marked Exh.12.
Matter is adjourned for Draft Issues on 13.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: P.O IS ON LEAVE
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: PO is on leave, hence adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Business: None present.
Draft issues not filed.
Matter adjourned to 05.03.2026 for Draft issues.
Later on at 11.25 A.M.
Plaintiff is present.
Matter adjourned to 05.03.2026 for Draft issues.
Later on at 12.30 P.M.
Advocate Jannat Yadav for plaintiff is present. She tendered draft Chamber summons alongwith affidavit in support. TOR. O- Leave is granted to register. She ensures to serve copy to other side.
Matter adjourned to 16.02.2026 for tendering registered C/S / C/S Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: Advocate Ms. Jannat Yadav for plaintiff is present. She tendered registered C/S 304/2026. TOR. Copy served to defendant no. 1 and 2.
Advocate Mr. S.H. Singh for defendant no. 1 and 2 is present. He seeks time. O- Granted.
Advocate Ms. Siddhi Kolap i/b Vivaka Partners for proposed defendant no. 6 is present. She filed memo of appearance. TOR.
Matter adjourned to 23.03.2026 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: Advocate Jannat Yadav for plaintiff is present.
Advocate Siddhi Kolap i/b Vivaka Partners for proposed defendant no. 6 is present. She filed Vakalatnama on behalf of proposed defendant no. 6. TOR and marked as Exhibit-13. O- Filed.
She also filed reply to C/S 304/2026. TOR. Copy served to other side.
Advocate Jigna Modi i/b Advocate Simran Wagle for defendant no. 5 is present.
Matter adjourned to 19.06.2026 for C/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Advocate Jannat Yadav for plaintiff is present. She seeks time to serve defendant no. 3. O -Time granted till next date.
None present for other defendants.
Advocate Jigna Modi for defendant no. 5 is present.
Advocate Neha Patil i/b Vivaka Patil for proposed defendant no. 6 is present.
Matter adjourned to 14.08.2026 for C/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: Advocate Jannat K. Yadav for plaintiff is present.
Advocate Devendra S. Rajapurkar for defendant no. 4 is present.
Advocate Saurav Gupta i/b Uma Kshirsagar Wagle for defendant no. 5 is present.
Advocate Neha Patil i/b Vivaka Partners for proposed defendant no. 6 is present.
Order on C/S 304/2026
Perused the C/S and reply and the pleading of the parties.
C/S is for addition of proposed defendant no. 6 as the defendant who is undertaking the redevelopment of the entire building in which the suit property is lying and is claimed to be joint family property by plaintiff and the proposed defendant no. 6 is dealing with defendant no. 4 as the exclusive owner of the suit flat to the prejudice of plaintiff. It is apprehended that the proposed defendant would render benefits out of the property only to defendant no. 4, hence, plaintiff seeks relief against proposed defendant no. 6.
Addition of proposed defendant no. 6 is justified.
Order
C/S is allowed. Amendment to be carried out forthwith. Reverification dispensed with.
Matter adjourned to 21.09.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2026