Mr. Liyaqatail s/o. Mohamedali Patankar +4 moreVsM/s. BSB Developers +2 more

Date: 09-01-2019
Business: Not on Board Taken on Board By Precipe
Adv. Ms. Shashikala Mahamuni for plaintiff present and filed draft notice of motion along with affidavit. Leave granted to register draft notice of motion. She undertakes to serve the copy of NM to the other side by next date.
Matter already adj. to 24.01.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: None for plaintiff.
None for defendant.
Matter adj. for NM Hearing to 23.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adv. Kadu for plaintiff present and tendered org. N/M no. 149/19 and seeks time to file affidavit of service.
Adv. for defendant absent.
Adjd. to 12.7.2019 for N/M Hearing.
Later on at 3.25 pm. Adv. Ibrahim for defendants present and filed VP on behalf of all defendants.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Adv. Ramesh Kadu for plaintiff present and filed affidavit of service of writ of summons. TOR.
Adv. Wasim Shaikh for defendant no.1 to 3 present and seeks time to file reply to NM.
Matter stands Adj for reply to NM on 08.08.19.
Next Purpose: REPLY
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant no. 1 to 3 present and filed WS.
Heard Ld. counsel for both sides.
Ld. counsel for plaintiff submitted that there is some delay in filing WS. Hence, some cost may be imposed. Ld. counsel for defendant submitted that he is adopting his WS as Say to the NM no. 149/19. Delay if any in filing WS is not intentional. Hence, cost may not be imposed.
In view of the above submissions, the WS of defendant no. 1 to 3 is taken on record by condoning delay, if  any, without cost and treated as say on NM no. 149/19. Copy of WS is served on the other side.
Written statement on behalf of defendant no. 1 to 3
Matter stands Adj for framing issues to 18.09.19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Plaintiff present.
Adv. Mahamuni h/f adv. Kadu for plaintiff present.
Representative of defendant present.
Keep back
Later on
Adv. Kadu for plaintiff present and filed original Writ of summons
Adv. Wasim Shaikh for defendant present.
Heard ld. counsels for both the sides for some time on NM 149/19.  In the course of arguments Ld. counsel for defendant submitted that he is ready to produce the letter of allotment of two flats to the plaintiff as per conveyance. Time granted.
On oral request, Matter stands Adj for production of allotment letter and further hearing on NM no. to 149/18 to 10.10.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: None present for plaintiff.
Adv. Wasim Shaikh for defendant present.
Heard Ld. counsel for defendant and he submitted that he wants time to produce the allotment letter, as stated on the last date. Time granted.
Matter stands Adj for NM hearing to 09.12.19.
Later On.
Adv. Kadu for plaintiff present and requested for preponing the hearing on NM on the graound of urgency. He undertook to intimate the date to the Ld. counsel for defendant.
Matter stands preponed to NM hearing to 15.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Kadu for plaintiff present.
Adv. D\''silva for defendant present.
Heard both sides.
Ld. counsel for defendant seeks time for production of documents on the ground that his senior is not available and this fact was intimated to the other side counsel on 06.11.19 itself. Ld. counsel for plaintiff submitted that only documents is to be produce. Defendant is delaying the matter.
After hearing both the sides, adjournment granted as prayed by the defendant as last chance.
Matter stands Adj for NM hearing to 20.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present and filed draft NM along with affidavit. Leave granted to register draft NM. He undertakes to serve the copy on other side by next date.
Heard both sides.
Adv. Shaikh produced the documents dated 20.12.2010. Copy given to the other sides.
Matter stands Adj for further hearing on NM no. 149/19 and for filing reply to draft NM to 06.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. Kadu for plaintiff present and seeks time to file reply to NM. Time granted.
Adv. Wasim Shaikh for defendant present and filed original Nm no. 4449/19 along with affidavit.
Matter stands Adj for filing reply to NM on 13.01.2020.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. Shashikala Mahamuni for plaintiff present and filed reply to NM No. 149/19. TOR. Copy served to other side.
Adv. Wasim Sheikh for defendant present.
Heard ld advocate for deft on NM No. 4449/19.
Matter stands Adj for Order on NM No. 4449/19 to 27.01.2020.
Next Purpose: ORDER
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Mahamuni for plaintiff present.
Adv. Mujtaba Rizvi for defendant present.
  FRSR following order is passed on NM no. 4449/19
                                  ORDER
1.Notice of Motion no. 4449/19 is hereby dismissed and disposed of accordingly.
2. The suit shall proceed further for trial and disposal according to law.
Matter stands Adj for hearing on Nm to 12.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
Matter stands Adj for hearing on NM to 09.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Advocate M.S.Kadu for Plaintiff present.
Advocate Wasim Shaikh for defendant present and submit that order dated 27.01.2020 dismissing NM 4449/19 is set aside in Review Petition No.25/20.
Perusal of order in Review Petition 25/20 reveals that order dated 27.01.2020 is set aside.
Advocate for defendant not pressed NM No.4449/19. Hence it is disposed of.
Advocate for Plaintiff sought time.
The case is adjourned to 02.03.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Advocate Ms.Shashikala Mahamuni h/f adv. M.S.Kadu for plaintiff present and seeks time on the ground that adv. Kadu is not feeling well.
None for defendant.
The case is adjourned to 12.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Declared holiday as per office order 78 of 2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 03.31 p.m.
Adv. Shashikala Mahamuni for plaintiff present.
None present for defendant.
Matter stands adjourned to 22.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Matter called out at 3.18 p.m.
Adv. M. S. Kadu for plaintiff present.
Representative of Defendant present. She is seeking time on the ground that her advocate is held up in another court. Time granted by way of last chance.
Matter stands adjourned to 20.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Matter called out at 3.11 p.m.
Adv. M. S. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present.
At the request of plaintiff, matter stands adjourned to 31.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Matter called out at 3.15 p.m.
Plaintiff absent.
Adv. Vasim Shaikh for defendant present.
Matter stands adjourned to 27.07.2022 for NM hearing.
Later on at 3.21 p.m.
Adv. M. S. Kadu for plaintiff present.
Already adjourned to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: NOBTOB
Moved by praecipe. Allowed.
Matter mentioned at 11.42 a.m.
Adv. Shashikala Mahamuni for plaintiff present.
kept back.
Matter mentioned at 2.49 p.m.
Adv. Shashikala Mahamuni for plaintiff present.
Adv. Vasim Khan for defendants present.
Plaintiff seeking preponement of the matter, defendant has no objection.
Matter stands adjourned to 13.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. M. S. Kadu for plaintiff present.
Deft. no.3 in person present. He is seeking time. Time granted.
Matter stands adjourned to 04.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. M. S. Kadu a/w Shashikala Mahamuni for plaintiff present.
Deft. no.3 in person present.
Matter stands adjourned to 03.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. M. S. Kadu for plaintiff present.
Adv. Wasim Shaikh for defendant present.
Issues framed below Exh.04.
ISSUES
1.Does the plaintiffs prove that the defendants are not performing their part of contract within stipulated time
2.Does the plaintiff prove that the defendants are intending to dispose of the suit property
3.Does the plaintiff prove that the defendants have agreed to give two flats after re-development of suit property
4.Whether the suit is within limitation
5.Whether this court has jurisdiction to try and decide the suit
6.Are the plaintiffs entitled for the reliefs sought
7.What order and decree
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
NM tagged with suit.
Matter stands adjourned to 29.09.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Shashikala Mahamuni for plaintiff present. She is seeking time. Time granted.
Representative of defendant in person present.
Matter stands adjourned to 19.12.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Plaintiff No.2 in person present. He is seeking time. Time granted.
Plaintiff No.1 a/w Adv. Shahikala Mahamuni Present. She tendered evidence affidavit in examination of chief and list of documents. TOR. Exh- 05 and 06.
Adv. Wasim shaikh for defendant present.
Copy served to other side.
Matter stands adjourned on 30.03.2023 for reply on document.
Next Purpose: REPLY
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Daughter of plaintiff a/w Adv. Shashikala Mahamuni present.
None present for defendant.
Advocate of plaintiff submitted that the Notice of Motion is already tagged with the suit hence, considering her submission Notice of Motion No.149/2019 stands disposed off.
NM No.149/2019 is disposed off accordingly.
Matter stands adjourned on 22.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Adv S. Mahamuni for Plaintiff present.
Defendant no. 3 in person present.
Matter stands adjourned on 8-11-2023 for reply of defendant on
documents.
Next Purpose: REPLY
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: P.O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
This court newly formed on 02.01.2024.
Matter transferred from CR No.
Adv. Shashikals Mahamuni for plaintiff present.
None for defendant.
No say filed. Lastly posted for filing say. Due to formation of new court and change of assignment last chance granted for filing say.
Matter adjourned for filing say by defendant to 28-03-2024.
Next Purpose: FILING SAY
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: court is on leave
Next Purpose: FILING SAY
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: The P.O. is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for  plaintiff.
Adv. Vasim Shaikh for defendants is present. He submits that he will file say on documents on the next date.
Matter adjourned for filing say on documents at Exh.6 to 10-10-2024.
Lo at 12.29 pm
Adv. Shashikala Mahamuni for plaintiff is present.
Matter adjourned for filing say on documents at Exh.6 to 10-10-2024.
Next Purpose: FILING SAY
Next Hearing Date: 10-10-2024

Date: 10-10-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shashikala Mahamuni for plaintiff is present.
None for defendant.
KB. till 1.00 pm. for filing say by defendant.
LO at 1.52 pm.
Adv. Shashikala Mahamuni for plaintiff is present.
Adv. Vasim Shaikh for defendants No.1 to 3 is present and filed his say overleaf at Exh.06.
Matter adjourned for hearing on documents at Exh.06 to 12-11-2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
Matter adjourned for hearing on documents at Exh.06 to 10-01-2025.
L.O. at 12.08 p.m.
Adv. Shashikala Mahamuni for plaintiff is present.
Heard arguments of Adv. Mahamuni on documents at Exh.6. Defendants and their adv. are absent when called. However say is filed by their advocate on Exh.6 stating that they do not admit these documents.
The documents at Sr. no. 1 is the certified true copy of the Deed of Conveyance bearing sign, stamp and seal of the Sub-Registrar, Mumbai City No.1 and the documents at Sr. no. 2 is the office copy of the notice dated 13.02.2017 along with postal acknowledgment.  Both these documents are referred by PW 1 in his evidence affidavit at Exh.5. Hence, those be exhibited.
Order below on list of documents at Exh.06.
ORDER-
01. The document at Sr. No.1 is the certified true copy of the Deed of Conveyance bearing sign, stamp and seal of the Sub-Registrar, Mumbai City No.1, this documents is referred by PW 1 in his evidence affidavit at Exh.5. Hence, it is marked as Exh.07.
02. The document at Sr. No.2 is the office copy of the notice dated 13.02.2017 along with postal acknowledgment, this documents is referred by PW 1 in his evidence affidavit at Exh.5. Hence, it is marked as Exh.08.
Matter adjourned for recording evidence to 10-01-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: Adv. Shashikala Mahamuni for plaintiff is present. She submitted that plaintiff is not keeping well. She seeks time.
Adv. Wasim Shaikh for defendants is present.
Matter adjourned for cross examination of plaintiff to 20.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: None for plaintiff.
None for defendant.
Matter adjourned for cross-examination of PW-01 to 24.06.2025.
Later on at 11.49 a.m.
Adv. Shashikala Mahamuni for plaintiff is present. She submits that PW-01 is unable to walk. She has to take steps to file affidavit of evidence of another witness.
Matter adjourned for cross-examination of PW-01 to 24.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: None for plaintiff.
None for defendant.
K.B.
Later on at 11.49 a.m.
Plaintiff No.2 a/w her Adv. Shashikala Mahamuni is present and sought time as PW-01 is absent.
Adv. Wasim Shaikh for defendant is present.
Matter adjourned for cross-examination of PW-01 to 18.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff is absent . Adv. of Plaintiff Mahamuni has requested for adjourning
None for defendant.
Matter adjourned for cross- examination of PW-1 to 03.10.2025.
Later on at 11.45 A.M.
Advocate Mansi Utekar h.f. Advocate Vasim Shaikh for defendants is present.
Matter adjourned for cross- examination of PW-1 (Recording Evidence) to 03.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: PO is on leave, hence matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shashikala Mahamuni for plaintiff is present and sought time. O- Granted as last chance with directions that no further time will be granted at any cost.
Adv. Vasim Shaikh for defendant is present.
Matter adjourned for recording evidence to 22.01.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2026

Date: 22-01-2026
Business: Court is vacant hence matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: IN THE COURT OF H.H.J. V. G. RAGHUWANSHI JUDGE CITY CIVIL COURT C.R. NO. 61
Plaintiff No.1 and 2 a/w Adv. Shashikala Mahamuni is present.
Adv. Wasim Shaikh for defendant is present.
K.B.
Later on at 1.36 p.m.
Plaintiff No.1 and 2 a/w Adv. M. S. Kadu and Adv. Shashikala Mahamuni is present.
PW-01 Mr. Liyaqatali s/o Mohamed Patankar is present.
Adv. Wasim Shaikh for defendant is present and he party conducted cross of PW-01.
Matter adjourned for recording evidence P.H. to 24.06.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: IN THE COURT OF H.H.J. SHRI. R. V. BHAKTA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Shashikala Mahamuni for plaintiff is present.
None for defendant.
K.B.
Later on at 12.40 p.m.
Plaintiff No.1 and 2 is present.
None for defendant.
The record shows that the further cross of the plaintiff is pending since last number of dates. Hence the defendant is hereby specifically directed to remain present and conduct the remaining cross of the plaintiff on the next date without fail, otherwise further cross of the plaintiff from the part of defendant will be closed.
Matter adjourned for cross of plaintiff/ no cross order to 13.08.2026.
                                                                                 Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: The Presiding Officer is relived for Induction Orientation Training.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: CORAM- H.H.J.Ad HOC SHRI. S.K.FOKMARE (CR NO.64).
Adv. Shashikala Mahamuni h/f Adv. M.S. Kadu a/w plaintiff present.
Adv.  Vasim Shaikh for defendants present.
Kept Back. Later on at 12.20 pm.
Adv. Kadu for plaintiff present.
Adv.  Gada a/w Adv. Vasim Shaikh for defendants present.
PW-1- Mr. Liyaqatali s/o Mohd. Patankar resumed on SA.
Cross-Examination of PW-1 by Ld. Advocate Gada for defendants commenced and deferred till next date.
Matter is adjd. to 17.10.2026 for recording evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-10-2026

REVIEW PETITION/100025/2020
NOTICE OF MOTION/100149/2019
NOTICE OF MOTION/104449/2019

Registration Number: 100008/2019
Transfer Date: 29-01-2024
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100008/2019
Transfer Date: 03-07-2026
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 64 - COURT 64 AD-HOC ADDL SESSIONS JUDGE

Filing Number: 106018/2018
Filing Date: 23-04-2018
First Hearing Date: 09th January 2019
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE