Date: 22-06-2018
Business: Adv. Dinesh Sarode for Plaintiff present.
Adv. For plaintiff tendered registered NM No. 2067/18 along with affidavit in support. TOR.
Adv. Kandekar for Defendant/ MHADA present.
Earlier Ad-interim order, if any be continued till next date.
Adjourned to 24.09.2018 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Earlier Order to continue till next date.
Matter adj. to 16/10/2018 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. Vishakhi Bhatia for the Plaintiff present.
Adv. Kandekar for Defendant present.
Adv for Defendant seeks adjournment for filing reply to N/M and WS. Granted as a last chance.
Earlier ad interim order be continued till next date.
Matter is adjd. to 21.08.2019 for reply/ WS by the Defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Meena for the Plaintiff present.
Adv. Vinayak Tare h/f Adv. Kandekar for Defendant present.
It appears that, ad-interim order has been passed on 5/5/18 in NM and though sufficient opportunity has been given to the defendant reply has not been filed by the defendant till the date. Hence, ad-interim order passed on 5/5/18 shall remain in force till decision of the suit and accordingly NM no. 2067/18 stands disposed of.
Matter is adjd. to 18/11/2019 for passing no WS order against the defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Heena maniyar for plaintiff present.
Adv. Satamkar for defendant MHADA present.
Court is busy in recording evidence and also dictating order in NM 472/19 and hearing in urgent matters.
By consent Adjd to 24/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2020
Date: 22-09-2020
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: 16-01-2021
Date: 16-01-2021
Business: Adv. Mr. T. A. Singh for the plaintiff.
Adv. Mr. Kandekar for the defendant.
Vakalatnama filed by advocate for the plaintiff. t.o.r.
Matter is adjd. to 05/04/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: due to covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None for plaintiff.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant/MHADA present.
Matter is adjd. to 18/02/2022 for NO WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Jain for plaintiff present.
None present for MHADA.
Matter is adjd. for hearing without W/S to 18/4/2022.
LO at 12.00 noon
Adv. Pathak h/f adv. Kandekar for MHADA present.
Court is busy in dictating Judgment in Suit No.7668/01, hence adjd
Already adjd. to 18/4/2022.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Jain present for plaintiff and sought adjournment.
Adv. Pathak h/f Adv. Pandekar present for defendant MHADA.
Matter adjourned for RE to 10.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Zaidi present for plaintiff and he tendered affidavit of examination in chief of pw no. 01 Mrs. Vendita D\''souza t.o.r. marked as Exh. 06.
He also tendered list of documents. t.o.r. marked as Exh. 07.
None present for defendant.
Matter adjourned for admission and denial to 06/07/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Jaideep present for plaintiff and served copy of affidavit of evidence and list of document to the advocate of defendant.
Adv. Pathak h/f Adv. Kandekar present for defendant and sought time to say on admission and denial.
Matter adjourned for admission and denial to 06/08/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: None present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA and sought adjournment for hearing.
Matter adjourned for admission and denial to15/09/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv Lakdawala present for plaintiff.
None present for defendants.
Matter adjourned for admission and denial to 13.10.22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for admission and denial as a last chance to 21/11/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. S. A. H. Zaidi present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA and he filed say on list of document at Exh. 07 itself.
Matter adjourned for hearing on admissibility of documents to 17/12/22.
Next Purpose: HEARING
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None present for plaintiff and tendered application for permission to submit the original documents. t.o.r. marked as Exh. 08.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Matter adjourned for say and hearing on Exh. 08 to 19/01/23.
Next Purpose: HEARING
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv Zaidi present for plaintiff and tendered list of documents which he wants to produce as per application Exh-08.
None present for defendants.
As the defendants and their advocate are absent.
Application Exh-08 is proceeded without say of defendants.
Adv. Harshada Darji h/f Adv. Kandekar for defendant MAHDA.
Matter adjourned for hearing on Exh-08 to 16.02.2023.
Next Purpose: HEARING
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for hearing on Exh. 8 to 21/03/23.
l.o. at 11.10 am.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Zaidi present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Zaidi present for plaintiff.
None present for defendants.
Heard arguments of ld. Advocate for plaintiff on Exh. 08.
As defendants and their advocates are absent, they could not be heard.
Matter adjourned for order on Exh. 08 to 24/03/2023.
l.o. at 11.40 pm.
Adv. Janhvi Kandekar present for defendant/MHADA.
Next Purpose: ORDER
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. Zaidi present for plaintiff.
Adv. Janhvi Kandekar present for defendant/MHADA.
Following order is passed on application Exh. 08.
Order - Perused the application and record. From the application, it appears that, plaintiff wants to produce on record original documents photocopies of which are already produced alongwith list of document Exh. 07 which was tendered alongwith affidavit of evidence of pw 01 at Exh. 06. As such the defendants are having knowledge about the above documents. The documents sought to be produce also appears to have some bearing on the matter in controversy. Hence, in the interest of justice, application Exh. 08 is made absolute.
In view of the order below Exh. 08, the list of documents tendered by plaintiff is taken on record and marked as Exh. 09.
Matter adjourned for say of admission and denial to 03/05/2023.
Next Purpose: FILING SAY
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: P. O. is on leave
Next Purpose: FILING SAY
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. S.A.H. Zaidi present for plaintiffs.
Adv. Kandekar present for defendant/MHADA and endorsed on Exh.9 itself.
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed on record. Plaintiff filed documents vide list Exh.7 and List Exh.9. Ld. Counsel of plaintiff submits that, documents annexed with list Exh.7 are photocopies and documents annexed to list Exh.9 are original documents. Therefore, order is passed in respect of documents with list Exh.9 only.
Order regarding documents filed by list Exh.9
Document No.1 is certified copy of plaint in S.C. Suit No.6876 of 1971. It is marked as Exh. 10 (page No.1 to 14).
Document No.2 is a letter, but it does not bears signature of Chief Executive Officer. Therefore, it is inadmissible in evidence. It cannot be given exhibit number (page No.48).
Document No.3 is photocopy of consent terms. It is inadmissible in evidence. It cannot be given exhibit number (page No.49 to 51).
Document No.4 is original letter written by Executive Engineer to M/s. Rasquinha Electricals and Mechanical works. Plaintiff No.2 claims to be proprietor thereof. It is coming from proper custody. Hence, it is marked as Exh.11 (Page No.52).
Document No.5 is a letter to Deputy Chief Officer. It is admitted by defendant. Hence, it is marked as Exh.12(Page No.53), Second document at this serial number is a letter from MHADA. This letter is also admitted it is marked as Exh.13 (Page No.54).
Document No.6 is a photocopy of death certificate. It is not admissible. Hence, it cannot be marked exhibit number (Page No.55).
Document No.7 is show cause notice issued by competent authority. It is admitted by defendant. Hence, it is marked as Exh.14 ( Page No.56).
Document No.8 is original notice issued by Deputy Chief Officer. It is marked as Exh.15 ( Page No. 58).
Document No.9 is original notice issued by competent authority. It is marked as Exh.16 ( Page No. 62 and 63). Second document at this serial number is an order passed by competent authority . It is marked as Exh.17 (Page No.64 and 65).
Document No. 10 is information received under right to information act. It is marked as Exh.18 ( Page No.66). Second document at this serial number is not admissible in evidence as it is not signed by anybody. It cannot be exhibited (Page No.67 and 68).
Document No.11 and 12 are original show cause notices. They are admitted by defendants counsel. Therefore, they are marked as Exh.19,Exh.20 and Exh.21 (Page Nos.69 to 71).
Matter adjourned for Cross examination to 05.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Plaintiff No.1 in-person present.
Adv.Janhavi Kandekar h/f. Adv. Kandekar present for defendant/MHADA.
Cross examination of PW- 01 Mrs. Vendita Dsouza by Adv. Kandekar for defendant/MHADA is commenced and partly recorded.
Further Cross-examination is deferred till next date.
Matter adjourned for Further cross-examination of PW-01 to 02.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Plaintiff No.1 in-person present.
Adv.Janhavi Kandekar h/f. Adv. Kandekar present for defendant/MHADA.
Matter adjourned for Further cross-examination of PW-01 to 19.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Adv. Mohasin Panjwani h/f. Adv. S.Zaidi present for plaintiff and tendered adjournment application. TOR and marked as Exh.22.
O-Allowed as last chance.
Adv. Kandekar present for defendant/MHADA.
Case is fixed for cross examination of plaintiff but plaintiff is absent.
Matter adjourned for Further cross-examination of PW-01 to 30.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Plaintiff No. 1 in person present.
Adv. S. A. H. Zaidi present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar present for defendant/MHADA.
By consent adjd. To 15.12.2023 for cross-examination.
Matter adjourned for Further cross-examination of PW-01 to 15.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Plaintiff No. 1 in person present.
Adv. S. A. H. Zaidi present for plaintiff.
Adv. Kandekar present for defendant/MHADA.
Cross examination of PW- 01 Mrs. Vendita D’souza by Adv. Kandekar for defendant/MHADA commenced and concluded.
Letter written by chief executive officer bombay building repairs to the government pleader City Civil Court Mumbai. T.O.R. marked as Exh.23.
Matter adjourned for Further evidence to 31.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Plaintiff No. 1 in person present.
Adv. S. A. H. Zaidi present for plaintiff.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Matter adjourned for Further evidence to 02.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Plaintiff No. 1 in person present.
Adv. S. A. H. Zaidi present for plaintiff and tendered application for submitting additional evidence. Taken on record and marked as Exh.24. O-Other side to say.
None present for defendants.
Matter adjourned for Say on Exh.24(Application for Additional Evidence) to 25.04.2024.
Later on at 11.38 p.m.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Adv. S. A. H. Zaidi present for plaintiff. He tendered list of additional list of document. Taken on record and marked as Exh.25.
None present for defendants.
Order on Exh.24
Allowed.
Matter adjourned for admission and denial to 20.07.2024.
Later on at 12.25 p.m.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: None present for plaintiff.
Adv. Harshida Darji h/f. Adv. Kandekar present for defendant/MHADA.
Plaintiff to serve copy of affidavit of evidence and documents to defendants.
Matter adjourned for admission and denial to 20.09.2024.
Later on at 12.23 p.m.
Adv. Zaidi for plaintiff present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: None present for plaintiff.
Adv. Shweta Yadav h/f. Adv. Kandekar present for defendant/MHADA. She prays for an adjournment.
On oral request of advocate for plaintiff, Matter adjourned for admission and denial to 04.11.2024.
Later on at 12.24 p.m.
Plaintiff in-person present.
Adv. Zaidi for plaintiff present.
Matter is already adjourned for admission and denial to 04.11.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
None present for defendants.
Matteradjourned for admission and denial to 09.12.2024.
Later on at 12.31 p.m.
Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
Adv. Kandekar for defendant/MHADA present. He endorsed say on Exh.25 itself.
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed vide list Exh.25 on record.
Document No.1 is a public document. It is marked as Exh.26.
Document No.2 is power of attorney. It has to be proved by examining the executant thereof.
Advocate for plaintiff tendered evidence closed pursis. Taken on record and marked as Exh.27.
Matter adjourned for Evidence of defendant to 30.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
Adv.Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
Court is busy hearing in High Court time bound Sessions Case No. 375/2019 hence, civil board is discharged, Matter adjourned for Evidence of defendant to 05.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: Plaintiff No.1 present.
Adv.Harshida Darji h/f. Adv. Kandekar for defendant/MHADA present.
Ld. Adv. for defendant/MHADA seeks time to file affidavit of evidence, if any.
Time granted as a last chance.
Matter adjourned for Evidence of defendant to 24.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
Adv. Harshida Darji h/f. Adv. K.N. Kandekar for defendant/MHADA present.
Matter adjourned for Evidence of defendant to 03.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: Plaintiff No.1 present.
None present for defendants.
Keep back.
Later on at 12.02 p.m.
Plaintiff No.1 present.
Adv. S.A.H. Zaidi for plaintiff present.
None present for defendants.
Last chance granted to defendant to lead oral evidence, on failure further order will be pass on next date.
Matter adjourned for Evidence of defendant to 12.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: Plaintiff No.1 present.
Adv. S.A.H. Zaidi for plaintiff present.
Adv. Harshida Darji h/f. Adv. K. N. Kandekar for defendant/MHADA present.
Defendant failed to lead evidence. Hence, suit to proceed further without evidence of defendant.
Matter adjourned for final argument to 04.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Plaintiff No.1 present.
Adv. Harshida Darji h/f. Adv. K. N. Kandekar for defendant/MHADA present.
Later On at 11.40 a.m.
Adv. S.A.H. Zaidi for plaintiff present.
Matter adjourned for final argument to 06.10.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: Adv. S.A.H. Zaidi for plaintiff present and filed written notes of argument Exh.28 . Taken on record. Copy be serve on other side.
None present for defendants.
Matter adjourned for reply argument to 15.10.2025.
Judge
Later on at 01.13 p.m.
Adv. K. N. Kandekar for defendant/MHADA present.
Matter is already adjourned for reply argument to 15.10.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-10-2025
Date: 15-10-2025
Business: Plaintiff No.1 present.
Adv. S.A.H. Zaidi present for plaintiff.
None for defendant/MHADA present.
Matter adjourned for reply argument to 31.10.2025.
L.O. at 11.51 am.
Adv. Devyani Pawar h/f Adv. Kandekar for defendant No.1/MHADA present.
Matter adjourned for reply argument to 31.10.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-10-2025
Date: 31-10-2025
Business: None present for plaintiff and defendants.
Keep back.
Later on at 12.00 p.m.
Adv. Devyani Pawar h/f. Adv. Kandekar for defendant No.1 and 2/MHADA present.
Keep back.
Later on at 12.15 p.m.
Adv. S.A.H.Zaidi for plaintiff present and tendnered affidavit of service in respect of service of written notes of argument. Taken on record.
Matter adjourned for reply argument to 10.11.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: None present for plaintiff and defendants.
Keep back.
Later on at 11.30 a.m.
Plaintiff No.1 present.
Adv. Kandekar for defendant No.1 and 2/MHADA present and seek time to argue the matter. Time granted.
Matter adjourned for reply argument to 18.11.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Court is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 25-11-2025
Date: 25-11-2025
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
None present for defendants.
Matter adjourned for reply argument to 29.11.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: Plaintiff No.1 present.
Adv. K. N. Kandekar for defendant/MHADA present.
Heard Ld. Adv. for defendant.
Matter adjourned for reply argument by plaintiff to 05.12.2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Plaintiff No.1 present.
Adv. Zaidi for plaintiff present.
None present for defendants.
Heard reply argument of Ld. Adv. for plaintiff.
Matter adjourned for judgment to 19.12.2025.
Judge
Later on at 11.56 a.m.
Adv. K. N. Kandekar for defendant/MHADA present.
Matter is already adjourned for judgment to 19.12.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: Plaintiff No.1 present.
Adv. Rosement Lakhani i/b. Adv. Zaidi for plaintiff present.
None present for defendants.
Exh.29- Judgment.
F.R.S.R. following judgment passed;
ORDER
1) The Suit is partly decreed with proportionate costs as follows
(i) The impugned notices bearing No.EE/E1/RR/736 and EE/E1/RR/737 dtd.28.02.2018 are hereby declared as illegal and those are set aside.
(ii) Defendant is hereby restrained by way of order of injunction from dispossessing the plaintiffs from the suit premises without following due process of law.
2) Decree be drawn accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 19-12-2025