Sunil Bhagoji Kalsulkar - Applicant - Prakash Krushna NaikVsWonder Value Reality Developers Pvt Ltd And Ors

Date: 03-09-2019
Business: Adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Plaintiff present.
Adv.Devyani Deshmukh  for Defendant no.2 present.
Adv. D\''silva for Applicant in Ch/s. He filed affidavit of compliance  under Order-1, Rule 8 of C.P.C.
Matter is adjd. to 18.12.2019 for N/M Hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: As court is busy in hearing of others matters.
Matter is adjd. for compliance to .25.02.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Diselva for applicant in Ch/s  is present.
Adv. Deviyani Deshmukh for defendant no. 2 is present.
Adv. Hiren Shah  for defendant no. 6 a to 6 c is present.
Adv. of defendant no. 2 and 6 a to 6c submitted that publication carried out by applicant is wrong and requested to provide copy of affidavit of service.  Both the adv. are directed to take proper steps if they find it necessary.  Request of providing copy of affidavit is rejected.
Matter is adjd. for steps by defendant no. 2 and 6a to 6c to 03/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. 12/04/2021 to for steps by defendants no. 2 and 6-a to 6-c.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2021

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

Date: 12-06-2021
Business: due to covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: due to covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present.
Matter is adjd. to 05/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: As the Court is busy in dictating order in NM No.1621/2018 (SU 1542/2017) and NM No. 1624/2021  (SU No.1819/2021) and due to disconnection of electricity power from 03.30 p.m. to 06.00 p.m. Hence, matter is adjourned.
Matter is adjd. to 28/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None for plaintiff.
Adv. Ms. Devyani Deshmukh  for defendant No.2 present.
Matter is adjd. to 13/12/2021 for compliance/NM and Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present.
Matter is adjd. to 20.01.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 28.02.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: None present for the plaintiff.
None present for the applicant.
Adv Devyani Deshmukh for defendant no.2 present.
Adv Ms.Hazare for corporation present/ defendant no.4
Adv.Mangal Kadam for defendant no.3/MHADA present.
Adv Darshan Jain H/f Adv Kudalkar for State present.
Matter is lastly adjourned for compliance.
Matter is adjd. to 21.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. Patrawala for plaintiff present.
Adv.Atharva Sawant for defendant no. 2 present.
Matter is adjd. to 20-06-2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Court is busy in hearing N/m in SU 2414/21, hence Board discharged.
Matter is adjd.to 18-07-2022  for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Nasim Patrawala for applicant present and filed application Exh. 15 for extension of time for carrying out amendment. It will better to call say from other party before passing any order on that application.
Adv. Devyani Deshmukh for defendant no. 2 present.
Matter is adjd. to 12.09. 2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Court is busy in dictating order in NM No. 2052/12 in suit No. 1543/2012 and NM No.3219/2021 in suit No. 2414/2021.
Hence board is discharged.
Matter is adjd. to 14.11.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for parties.
The applicant filed application below exh.15 for extension of time for carrying out amendment. Call say from other party. But they failed to file say. Hence, put up Exh. 15 for order.
Matter is adjd. to 01.12.2022 for Order below exh.15.
Next Purpose: ORDER
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Naseem Patrawala for plaintiff present.
Adv. Kudalkar for deft.no. 5/State present.
As court is busy in hearing argument in Suit No. 1078/2022. Hence, Matter is adjd. to 19.12.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: None present for the parties.
Matter is adjourned to 20.01.2023 for Order on Exh.15.
Next Purpose: ORDER
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: court is on leave. Hence Board is discharge and matter adjd to.
Next Purpose: ORDER
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Nasim Patrawala for Applicant in Chamber Summons No. 1069/19.
Order passed below Exh.15.
Heard the argument of applicant. Read the application Exh. 15
This is an application for extension of time for carrying out amendment. The applicant had filed this Chamber Summons No. 239/17 to join him as party plaintiff and tranpose original plaintiff as Deft.no. 7. That Chamber Summons was allowed. The Deft.no. 1 by aggrived said order filed Writ Petition No. 1460/2019 and the Hon\''ble High Court disposed of the Writ Petition on 16.04.2019 and passed the following order.
Though the impugned order is not interfered with, it is made clear that as things stand, the Respondent no. 1 can pursue the suit only in individual capacity However, if the Resp. No. 1 wishes to pursue the suit in the representative capacity. The Respondent No. 1 may have to follow the procedure prescribed under order 1 Rule 8 of CPC. The Resp. No. 1 states that he will take step to follow the procedure under order 1 Rule 8 of CPC within period of 8 weeks from today. This statement is accepted. Perusing record, it appears that, the applicant has not followed the procedure till today as per order 1 Rule 8 of CPC and filed this application to carry out amendment in the suit. Considering, the nature of the suit and order of Hon\''ble High Court, the time is extended to carry out amendment till next date, subject to condition to take the steps to follow the procedure under order 1 rule 8 of CPC. Hence, application is disposed of accordingly.
Matter is adjourned to 08.03.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: None present for plaintiff.
None present for Defendant.
Adv. D\''silva for applicant present and filed application for extension, TOR. Exh.16 of time for carry out amendment. He is directed to supply the copy of application at Exh.16 to other party.
None present for defendant.
Matter is adjourned to 04.05.2023 for Say on Exh.16.
Next Purpose: FILING SAY
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Adv. D\''Silva for applicant present.
None present for Defendant.
Matter is adjourned to 03.07.2023 for Filing say.
Next Purpose: FILING SAY
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: None present for the plaintiff.
Adv. Ms. Saldhana for the applicant is present.
None present for the defendant.
Adjourned for compliance by applicant to 14.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: None present for both the sides.
Matter is adjourned to 16.10.2023 for compliance by applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: None present for the plaintiff.
Adv. Ms. Vaibhavi Pawar for defendant No. 5 is present.
Adv. Ms. Dakshata Narsale for the applicant is present. She seeks extension of time to carry out amendment. Time is extended till the next date.
Matter is adjourned to 10.11.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: None present for both the sides.
Matter is adjourned to 02.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: None present for plaintiff.
Adv. Mr. Karan Mehta for defendant no.2 is present.
It appears from the roznama that the plaintiff had sought extention of time for carring out amendment which was allowed. However, thereafter plaintiff fail to carry out amendment. Today also plaintiff is absent. Hence, Matter is adjourned to 29.01.2024 for Further order.
Next Purpose: ORDER
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: None for plaintiff
Adv. Mr.Darshan Jain h/f Adv. Kudalkar  for defendant no.5/State is present.
KB LO at 4.45 pm
As court is busy in hearing argument in NM No.2886 of 2023 in Suit No.1568 of 2023 and dictating other order matters on board. Hence, board discharged.
Matter is adjourned to 26.02.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: None for the plaintiff.
Defendant no.1 absent.
Adv. Mr.Karan Mehta for defendant no.2 is present.
Adv. Mr.Kudalkar for defendant no.5/State is present.
It appears from roznama that in view of order dtd.16.04.2019 passed by High Court in Writ Petition No.1460/2019 defendant no.1 had to takes steps to follow procedure Under Order -1, Rule-8 of CPC. However, till today defendant no.1 failed to take any steps. Hence, defendant no.1 is directed to take necessary steps, failing which further order will follow.
Matter is adjourned to 08.04.2024 for steps/order.
Next Purpose: ORDER
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: None for plaintiff.
Adv. Mr. Karan Mehta for defendant No.2 is present.
Adv. Mrs.Chandramore for defendant No.4/BMC is present.
Adv. Mr.Krishna Yadav h/f Adv. Kudalkar for defendant no.5/State is present.
None present for defendant no.1.
It appears from the record that defendant no.1 is record to take steps under Order-1, Rule-VIII of CPC.
Matter is adjourned to 11.06.2024 for steps by defendant No.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: None for the plaintiff.
Adv. Mr.Karan Mehta for defendant No.2 is present.
No instruction are taken under order-8, R-1 of CPC by defendant no.1.
None appeared for defendant no.1.
Matter is adjourned to 28.06.2024 for steps of defendant No.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: None present for plaintiff.
Adv. Mr.Khedekar h/f Adv. Kudalkar for defendant/State is present.
On perusal of roznama it appears that plaintiff is absent since 03.07.2023 and has taken no effective steps to prosecute the suit.
Matter is adjourned to 17.08.2024 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
Next Purpose: DISMISSAL
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: None present for plaintiff.
None present for defendants.
KB for dismissal.
As court time is over,  Matter is adjourned for dismissal to 19/10/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: None for the plaintiff is present.
Adv. Ms. Martina Sakpal h/f. Adv. Mr. Kudalkar for defendant/ State is present.
Matter is adjourned to 03.12.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: None present for plaintiff.
None present for defendants.
As both parties and their advocates are absent,Matter is adjourned to 21/12/24 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: None present for plaintiff.
None present for defendants.
Matter is adjourned to 18/01/2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: None present for plaintiff.
Advocate Kudalkar present for defendant no. 5/State.
Perusal of the record shows that, the plaintiff and his advocate are absent since long and not taken any steps to proceed with the matter. This shows that, the plaintiff is not interested to proceed further with the suit. Hence, the following order.
                                      ORDER
1) The suit is dismissed for want of prosecutions.
2) The Notice of Motion no 1197/14, Chamber summons no. 1069/2019 and Chamber summons no. 439/2015 pending are also disposed of.
3) The suit is disposed of accordingly.
Nature Of Disposal: OTHERWISE
Disposal Date: 18-01-2025

Main Case No: SUIT/0104479/2011
Main Cnr: MHCC010049872011
Main Filing No: 111447

Registration Number: 101069/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 106288/2019
Filing Date: 13-06-2019
First Hearing Date: 03rd September 2019
Decision Date: 18th January 2025
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE