Shri Santalal Hoshiyar TakVsSlum Rehabilitation Authority +4 more

Date: 18-07-2018
Business: Adv. Tiwari for Plaintiff present.
Adv. Vyavhare for Defendant no.2 present.
Adv. Mohan Singh Rajput I/b Adv. Wadadkar filed Vakalatnama on behalf of Defendant no.1.  Taken on record and marked as Exh.6.
Plaintiff to serve Notice of Motion and Plaint upon Defendants.
Time is extended to serve writ of summons.
Adjourned to 04.09.2018 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2018

Date: 04-09-2018
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: None present for plaintiff.
Adv. Smita for defendant no.1 present.
Adv. Swati Bagde for defendant no.3 present and filed adjournment application at Exh.7.
O- Granted till next date, as say not filed.
Adv. Anchal Gala for defendant no.4 present.
Adjourned to 19.6.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. for the Plaintiff present.
Adv. for Defendant present.
Affidavit in reply tendered by Defendant no. 1. t.o.r.
Adv. Anchal for Defendant no. 4 filed Vakalatnama. t.o.r. O-filed.
Reply tendered by Defendant no. 3. t.o.r.
Court time is over.
Matter is adjd. to 23.08.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Adv. K. C. Tiwari for the Plaintiff present.
Adv. Jitesh h/f Adv. Anil Lala for Defendant no. 3 present.
Adv for the plaintiff seeks adjournment for NM hearing.
O - Granted.
Matter is adjd. to 14/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv.K.C.Tiwari for plaintiff present.
Adv. Poonam Gupta for defendant  1 present, he
Adv.Tushar Londhe for defendant No.3 present. he seeks adjournment for filing NM reply. O-granted.
Matter adj for NM reply to 10.01.2019.
L.O. at 1.30pm
Adv.Anish Uchil I/b Adv. Aparna Shinde for respondent No.3present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Mr. K. C. Tiwari for Plaintiff is present.
Adv. Mr. Anish Uchil for defendant no.3 is present.
Adv. Ms. Chandramore for BMC/Defendant no. 2  present.
Adv. Ms. Mota for Defendant no. 4 present and she seeks time for filing reply. Granted as a last chance.
Matter is adjd to 09.03.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: None present  for the Plaintiff.
Adv. Ms. Anchal for Defendant No. 4 present and she seeks time to file affidavit in reply.
Adv. Ms. Chandramore for BMC/Defendant no. 2  present.
Adv. Ms. Poonam Gupta for Defendant no. 1/SRA present.
Matter is adjd. to 22.06.2020 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Ruzul for the plaintiff
Adv.  Trivedi for the defendant No.1.
Matter is adjd. to 19/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None for plaintiff.
Adv. Chandramore for the defendant No.2 present.
Adv. Mr.Aditya Singh h/f Adv. Mr. Narayan Rane for the defendant No.4 present and filed reply to NM No.1802/2018. t.o.r.
Matter is adjd. to 15/11/2021 for NM hearing/reply.
Next Purpose: REPLY
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for the plaintiff.
Adv. Mr. Trivedi for defendant No.1 present.
Adv. Chandramore for defendant/BMC No.2 present.
Advocate Meghna of defendant No.3 present.
Adv. Shivangi for defendant No.4 present.
Defendants No.1 to 4 have failed to file WS. Hence, the suit to proceed without WS against defendants No1. to 4.
Matter is adjd. to 08/02/2022 for  passing dismissal order on NM No.182/2018/ service proof of defendant No.5.
Next Purpose: REPLY
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 05.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: None present  for plaintiff.
Adv. Bhandari hf adv. trivedi present for defendant 01.
Representative of def.no. 03 is present.
It appears that since long, the matter is kept for nm reply.
Matter adjourned for nm reply  as a last chance to 27/06/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: None present for plaintiff.
Advocate Trivedi present for defendant no. 01.
Advocate Habib present for defendant no. 04.
Matter adjourned for NM Hearing to 03.08.2022.
Next Purpose: HEARING
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: None present for plaintiff.
Adv. Trivedi present for defendant 01.
None present for other defendants.
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l.o. at 02.50 pm.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Adv. Tiwari present for the plaintiff and submitted that, NM be 1802/2018 be tagged with the suit and he don\''t want to proceed further with same. No purpose will be served by keeping NM no. 1802/2018 pending till disposal of the suit. Therefore, it will be appropriate to disposed off nm no. 1802/2018 as plaintiff don\''t want to proceed further with the same. Hence nm no. 1802/2018 is disposed off.
Matter adjourned for RE to 07/09/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: As p.o. is on leave, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None present for plaintiff.
Adv. Aparna Shinde  present for defendant 03 and sought adjournment for filling WS.
Adv. Kriti Hakim present for defendant no 04.
Adv. Trivedi present for defendant 01.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for WS/no WS order to 23/11/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None present for plaintiff.
Adv. Bhandari hf adv. Trivedi present for defendant 01/SRA.
Adv. Aparna shinde present for defendant no. 03
Adv. Riddhi Hakim present for defendant no. 04.
Adv. Chandramore present for defendant 02/MCGM and sought adjournment for filling ws.
Matter adjourned for ws/no ws order to 05/12/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv K.C. Tiwari present for plaintiff.
Adv Trivedi present for defendant no. 01.
Adv Aditya Singh h/f Lala & Lala for defendant no. 04 and sought time for taking necessary steps.
Adv Chandramore present for defendant no. 02.
Matter adjourned for RE to 25.01.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 01.
Adv. Chandramore present for defendant no. 02/MCGM.
None present for other defendants.
kb
l.o. at 11.52 am.
Adv. Aparna Shinde present for defendant no. 03 and tendered 02 draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register..
She also tendered WS of defendant no. 03 alongwith draft Notice of Motion.
Adv. Aditya singh present for defendant no. 04 and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register..
He also tender ws of defendant no. 04 alongwith draft nm.
Matter adjourned for service and reply to nm to 15-02-23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None present for plaintiff.
Adv. Aditya singh hf Lala & Lala present for defendant no. 04 and he tendered original registered Notice of Motion No. 470/2023 @ affidavit. t.o.r..
Adv. Chandramore present for defendant no. 02/MCGM.
Mr. Prashant Surve intern of Adv. Aparna shinde and he tendered original registered Notice of Motion No. 416/2023 @ affidavit. t.o.r.
As plaintiff and his adv. are absent, Matter adjourned for service of nm and reply to nm to 29/03/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Plaintiff in person present and sought adjournment.
Adv. absent for plaintiff.
Adv. Khandagale present for defendant no. 02/MCGM.
Adv. Trivedi present for defendant no. 03/SRA.
None present for other defendants.
Matter adjourned for service of nm and reply to 03/05/23.
l.o. at 03.48 pm.
Adv. Aditya singh hf adv. Lala present for defendant no. 04.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: None present for plaintiff.
Adv. Trivedi for defendant No.1/SRA present.
Adv. Chandramore for defendant No.2/BMC present.
Adv. Aditya Singh present for defendant No.4.
Matter adjourned for service of nm and reply to 04.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Aditya Singh present for defendant No.4.
Matter adjourned for NM Service and reply to 29.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Aditya Singh present for defendant No.4.
Matter adjourned for NM Service and reply to 11.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.(C.R.08)
None  present for plaintiff.
Adv. S. P. Trivedi present for defendant no. 1/SRA.
Adv. Chandra More for defendant no. 2/ BMC present.
Adv. Aparna Shinde for defendant no. 3 present.
Adv. Aryan Kotwal h/f Adv. Lala for defendant no. 4 present.
Order on Notice of motion no. 415/2023
Perused notice of motion and affidavit-in-support thereof. Heard Ld. Counsel for defendant no. 3. Defendant no. 3 prays for sating aside no WS order and condoned delay of 4 years 5 months and 20 days filing written statement. Plaintiff did not file his reply to this notice of motion. He is continuously absent. Therefore, contentions of defendant no. 3 justifying reasons for condoning delay went uncontroverted. Plaintiff consumed initial paragraphs alleging that the suit is barred and not maintainable. Thereafter, the plaintiff submits that he was served on 25/04/2018, he appeared on suit on 26/04/2018. Matter was listed for hearing on notice of motion on several dates, but plaintiff was absent. Meanwhile there were deliberations for settlement. That was followed by Covid pandemic. This all resulting dealy of  4 years 5 months and 20 days. Defendant no. 3 prays for condoning delay and accepting his written statement on record.
As already stated contentions of defendant no. 3 were not denied by plaintiff. The defendant no. 3 assigned valid reasons for condoning delay. Therefore I pass following order.
Order.
1. Notice of motion no. 415/2023 is allowed.
2. Delay in filling written statement is condoned and written statement is taken on record.
3. Notice of motion no. 415/2023 stands disposed off.
Order on Notice of motion 470/2023
Defendant no. 4 brought this notice of motion for setting aside no written statement order and accepting his written statement. It is contention of defendant no. 4 that plaintiff filed notice of motion no. 1802/2018, it was pending for fairly long period. Meanwhile, there was lock-down due to Covid – 19 and therefore there is delay of 4 year, 4 months and 20 days in filling written statement. He prayed for condoing his dealy.
This contention of defendant no. 4 were not denied by plaintiff. Record shows plaintiff is continuously absent. Thus contention of defendant no. 4 deem to be admitted by plaintiff. Hence, discretion needs to be exercised  in favour of defendant no. 4. Accordingly, I pass following order.
Order.
1. 1. Notice of motion no. 470/2023 is allowed.
2. Delay in filling written statement is condoned and written statement is taken on record.
3. Notice of motion no. 470/2023 stands disposed off.
Written statement of defendant no. 3. Taken on record. Marked as Exh. 09. O. Read and recorded.
Written statement of defendant no. 4. Taken on record. Marked as Exh. 10. O. Read and recorded.
Matter adjourned for hearing on notice of motion no. 416/2023 without reply of plaintiff on 14-02-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 1/SRA. He submits that he will not file reply to notice of motion No.416/2023.
Adv. Chandramore for defendant no. 2/ BMC present.  She submits that she will not file reply to notice of motion No.416/2023.
Adv. Aparna Shinde for defendant no. 3 present.
Adv. Aryan Kotwal h/f Adv. Lala for defendant no. 4 present. He submits that he will not file reply to notice of motion No.416/2023.
Plaintiff failed to file say to notice of motion No.416/2023. It shall be heard without reply of plaintiff.
Matter adjourned for Hearing on NM No.416/2023 to 27.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 1/SRA.
Adv. Chandramore for defendant no. 2/ BMC present.
Adv. Dipika Vartak h/f. Adv. Aparna Shinde for defendant no. 3 present. She prays for an adjournment.
Matter adjourned for Hearing on NM No.416/2023 to 19.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: None present for plaintiff.
Adv. Ashok Mhatre h/f. Adv. Trivedi present for defendant no. 1/SRA.
Adv. V. G. Shinde for defendant no. 2/ BMC present.
Adv. Rahul Shirsath h/f. Adv. Aparna Shinde for defendant no. 3 present. He tendered adjournment application. Taken on record and marked as Exh.11. O-Allowed.
Adv. Aryan Kotwal present for defendant No.4.
Matter adjourned for Hearing on NM No.416/2023 to 07.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 1/SRA.
Adv. Apurva Dalal for defendant no. 2/ BMC present.
Adv.Aparna Shinde for defendant no. 3 present.
Heard argument of learned counsel for defendant Nos.3 and heard partly argument defendant No.1  on NM No.416/2023.
Matter adjourned for Hearing on NM No.416/2023 to 08.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 1/SRA.
Adv. Apurva Dalal for defendant no. 2/ BMC present.
Adv.Aparna Shinde for defendant no. 3 present.
Heard argument of learned counsel of defendant Nos.1 and 2/BMC on NM No.416/2023.
Matter adjourned for Hearing on NM No.416/2023 by plaintiff to 02.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant no. 1/SRA.
Adv. Apurva Dalal for defendant no. 2/ BMC present.
Adv. Ankita Rathod for defendant Nos.3 and 4 present.
Matter adjourned for Hearing on NM No.416/2023 by plaintiff to 21.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant No. 1/SRA.
Adv. Apurva Dalal for defendant No. 2/ BMC present.
C.A. of defendant No.3 present.
Matter adjourned for Hearing on NM No.416/2023 by plaintiff to 06.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: None present for plaintiff.
Adv. Trivedi present for defendant No. 1/SRA.
Adv. Apurva Dalal for defendant No. 2/ BMC present.
Adv. Dipika Warkar h/f. Adv. Aparna Shinde for defendant No.3 present.
Matter adjourned for Hearing on NM No.416/2023 by plaintiff to 11.12.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: As per Letter received from Honble High Court vide No.A5504/2024/2513 dated 26.11.2024 vide City Civil Court Inward No.17484/2024, Presiding Officer is going to medical examination.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: None present for plaintiff.
Adv. Trivedi present for defendant No. 1/SRA.
Adv. Apurva Dalal for defendant No. 2/ BMC present.
Adv. Dipika Vartak i/b. Adv. Aparna Shinde for defendant No.3 present.
Adv. Ankita Rathod h/f. Adv. Lalla and Lalla for defendant No.4 present.
Record reveals that, defendant No.3 has filed NM NO.416/2023 for rejection of plaint on 25.01.2023. Since then plaintiff neither appeared nor file reply to said NM.
Hence, NM No.416/2023 to be heard on next date without reply of plaintiff.
Matter adjourned for Hearing on NM No.416/2023 to 09.04.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: None present for plaintiff.
Adv. Trivedi present for defendant No. 1/SRA.
Adv. Swapnil Bharti h/f. Adv. Apurva Dalal for defendant/BMC present.
Adv. Rohit S. i/b. Adv. Aparna Shinde for defendant No.3 present.
Adv. Ankita Rathod h/f. Adv. Anil Lalla for defendant No.4 present.
Matter adjourned for Hearing on NM No.416/2023 to 23.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: None present for plaintiff.
Adv. Trivedi for defendant No. 1/SRA present.
Adv. Apurva Dalal for defendant No.2/BMC present.
Adv. Yash Palkar i/b. Adv. Anil Lalla for defendant No.4 present.
Adv. Aparna Shinde for defendant No.3 present and not pressed Notice of Motion No.416/2023 for hearing. Hence, Notice of Motion No.416/2023 stands disposed off with no order as to costs.
Matter adjourned for draft issues to 06.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: None present for plaintiff.
Adv. Trivedi present for defendant no 1 SRA.
Adv. Apurva Dalal for defendant no 2  BMC.
Draft issue is not filed.
Matter adjourned for framing issue to 24.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: None present for plaintiff.
Adv. Trivedi for defendant No. 1/SRA present.
Adv. Apurva Dalal for defendant No.2/ BMC present.
Issues are framed at Exh.12
Matter adjourned for recording evidence to 19.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: None present for plaintiff.
Adv. Trivedi for defendant No. 1/SRA present.
Adv. Aslam Tadvi for defendant No.2/ BMC present.
Matter adjourned for recording evidence to 21.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.2/ BMC present.
The matter is old and roznama shows that, plaintiff is absent since last many dates. It seems that, plaintiff has no interest to proceed with the matter. Hence, matter be listed for dismissal order.
Matter adjourned for dismissal order to 27.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.2/ BMC present.
Last chance granted to plaintiff, failure to take necessary steps to proceed with the matter, the matter will be dismissed on next date.
Matter adjourned for dismissal order to 29.01.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.2/ BMC present.
Keep back.
Later on at 12.55 p.m.
None present for plaintiff.
Adv. Aslam Tadvi for defendant No.2/ BMC present.
Plaintiff is absence since many dates and therefore the matter was listed for dismissal order. Despite the plaintiff failed to appear and to lead the evidence. The matter is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 29-01-2026

NOTICE OF MOTION/100415/2023
NOTICE OF MOTION/100416/2023
NOTICE OF MOTION/101802/2018
NOTICE OF MOTION/100470/2023

Registration Number: 101195/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101195/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 106017/2018
Filing Date: 23-04-2018
First Hearing Date: 18th July 2018
Decision Date: 29th January 2026
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE