Mrs. Bharti Bhaskar Gandhi +4 moreVsThe State of Maharshtra +5 more

Date: 18-07-2019
Business: Adv. Bhimrao Powar for the Plaintiff present.
Adv. Kapse for Defendant No. 1 to 4 present.
Defendant No. 6 is in person present.
Adv. for plaintiff filed original writ of summons and letter of request. Tor.
It appears that defendant No 5 has been duly served by writ of summons. Inspite of service def No. 5 failed to appear Hence ex-parte order has passed against defendant No. 5.
Matter is adjd. to 14/10/2019 for Written Statement of defendant No. 1 to 4 and defendant No. 6
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Bhimrao Powar for the Plaintiff present.
Defendant-6 present.
Adv. Mr. Kapse for State/Defendant-1 to 4 present.
Defendant -5 exparte.
Already tendered Vakalatnama of the Plaintiff.
Already tendered address memo of the Plaintiff.
Application tendered by Defendant-6 for state appointed advocate. t.o.r. Application is allowed.
DLSA is requested to provide an Advocate to Defendant no. 6.
Matter is adjd. to 21.01.2020 for WS by the defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Bhimrao Pawar for plaintiff is present.
Adv. Shukla h/f Kapse for defendant no. 1 to 4 is present.
Defendant no.6 to file WS. Therefore, No WS order is passed against defendant no. 6.
Matter is adjd. for draft issues to 15/04/2020.
lo at 12.45 PM
Defendant no. 6 is present. She filed WS. However, already No WS order is passed.  Therefore,  WS is returned to defendant no. 6
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Issues framed exh.7
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: None for plaintiff.
Adv. Kapse for the defendants No.1 to 4.
Adv. Mangal Kadam for the defendant No.5.
No list of witness filed.
Matter is adjd. to 23/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Mr.Powar present for the plaintiff.
Adv Kapse present for the defendant nos. 3 and 4
Application for withdraw appearance of plaintiff TOR O- filed.Issue notice to plaintiff by in person.
Matter is adjd. to 23.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Plaintiff  no. 1 ,3 and 5 in person present.
Adv Priyanka Rangnekar for plaintiff present and filed V.P. TOR. Exh.9
Ld adv for plaintiff has filed application for withdrawal of his Vakalatnama at Exh.8.
As the plaintiffs no. 1 , 3 and 5 have appeared and filed VP of new advocate, the application at Exh.8 is allowed.
Adv Priyanka Gawkar for defendant no. 1 to 4 present.
Adv.Mangal Kadam for defendant no. 5/MHADA present.
Ld adv for plaintiff files affidavit of examination in chief. TOR. Exh.10
Ld adv for plaintiff files list of documents on record. TOR.
O- defendants to file reply on Exh.11.
Copies of the affidavit and documents are supplied to the defendants before the court.
Matter is adjd. to 07-04-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. Priyanka Raganekar for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 16-06-2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Plaintiff no. 1,3 and 5 in person present.
Adv. Priyanka Raganekar for plaintiff present.
Adv. Kapase for State present and filed say on same application.
Matter is adjd. to 02-08-2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. M. H. Belosay for plaintiff present.
Adv. Mangal Kadam for defendant no. 5/MHADA present
KB.
LO at 12.22 pm.
Adv. Priyanka Gavkar h/f Adv. Kapse for deft.no. 1 to 4 present.
Following documents are marked below Exh.11
Sr.No. 1 - Original rent receipts
i) Receipt No. 014103 dtd. 02.12.2010 in the name of Smt. Kamlavati Vasudeo Narkar.
ii) Receipt no. 014102 dtd. 02.12.2010 in name of Mr. Vasudeo Vishnu Narkar.
iii) Receipt No. 232969 dtd. 09.04.2018 - Exh.12 Colly.
Sr. No. 3 - Copy of Death Certificate of Mr. Shyamkumar Vasudeo Narkar - Exh.13.
Sr.No.4 - Copy of Death Certificate of Smt. Kamlavati Vasudeo Narkar - Exh. 14.
Sr.No.7 - Original Application dtd. 25.10.2018 and 31.07.2018 ny Plaintiffs to B.D.D. Chawl Authority- Exh.15 Colly.
Sr.No.8 - Original Affidavit of Plaintiffs dtd. 22.10.2018 and 29.06.2018 - Exh.16 Colly.
Matter is adjd. to 14.09.2022 for cross examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. M.H. Belosay for plaintiff present.
Adv. Kapse for defendant no. 1 to 4/state present.
Adv.Mangal Kadam for defendant No.5/MHADA present.
None present for deft.no.6.
Further examination in chief of PW-1, Smt. Bharati Bhaskar Gandhi on SA by Adv. M.H. Belosay for plaintiff -
During further examination in chief of PW-1, Document at Sr. No.10 below Exh.11 GR dtd. 24.04.2018 is marked as Exh.17.
Cross-examination by Adv. Kapse for State/Deft.no. 1 to 4 commenced and completed.
Cross-examination by deft.no. 5 / MHADA declined.
Deft.no.6 is absent hence no cross-examination order is passed against her.
Plaintiff filed evidence closed pursis. It marked as Exh.18.
Matter is adjd. to 23.09.2022 for evidence of Deft. 1 to 6.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. M. H. Belose for plaintiff present.
Adv. Kapse for state/deft.no 1 to 4 present and submitted that he is not going to lead oral evidence hence his oral evidence is closed.
Adv. Mangal Kadam for defendant No.5/MHADA present and submitted that she is also not going to lead oral evidence hence her oral evidence is hereby closed.
None present for deft.No.6. She has not filed WS hence her evidence is also hereby closed.
Matter is adjd. to 04.10.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. M.H. Belosey for plaintiff present.
Adv. Mangal Kadam for defendant no. 5/MHADA present.
By consent, matter is adjd. to 07.11.2022 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. M.H. Bellose for plaintiff present.
Adv. Priyanka Gaonkar h/f Adv. Kapse for Deft no. 1 to 4/State present.
Adv. Mangal Kadam for defendant no.5/MHADA present.
Matter is adjd. to 29.11.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Plaintiff nos. 1,3 and 5 alongwith Adv. M. H. Bellose present.
Adv. Mangal Kadam for defendant no.5/MHADA present.
Heard arguments of Ld. advocate for plaintiff.
Matter is adjd. to 14.12.2022 for Defts./State Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. M.S. Bellose for plaintiff
Advocate Mr. Kapse for the State/defendant Nos. 1 to 4 present.
Adv. Mangal Kadam for defendant/MHADA present.
Heard Ld. Advocate for State/Deft. Nos. 1 to 4.
Matter is adjourned to 16.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Court is on leave.
Hence, Board is discharged.
Next Purpose: JUDGMENT
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. B.A. Powar alongwith Addv. M.H. Belosay for plaintiff present.
Advocate Mr. Kapse for the State/defendant Nos.1 and 4 present.
LO at 5.30 pm.
Judgment- Exh.19.
F.R.S.R. the Following order is passed in Suit No. 1611/2019.
Order
1. The suit is hereby decreed.
2. It is hereby declared that the plaintiffs and defendant No.6 are heirs and legal representatives of Late Smt. Kamlavati Vasudeo Narkar and they are entitled equal rights of the suit premises.
3. The defendant Nos.1 to 4 are hereby directed that to transfer tenancy right of suit premises to joint name of heirs of  Late Smt. Kamlavati Vasudeo Narkar i.e. plaintiffs and defendant No.6.
4. The defendants are hereby further directed not to create any third party interest and/or from transferring the suit premises anybodies name from the name of  Late Smt. Kamlavati Vasudeo Narkar.
5. No order as to costs of the suit.
6. Decree be drawn accordingly.
7. The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 27-01-2023

Registration Number: 101611/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 106264/2019
Filing Date: 12-06-2019
First Hearing Date: 18th July 2019
Decision Date: 27th January 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE