Daya Niwas CHS Ltd.VsDaya Niwas wing B CHS Ltd.

Date: 01-08-2019
Business: As Court is vacant hence board is dicharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Mohit Sant for plff present.
Adv. Sayli Rajpurkar for deft present.
Deft is directed to furnish copy of written statement to plaintiff.
Adjd for Framing Issues to 11.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: None for plaintiff.
None for defendants.
Defendant is directed to serve copy of written statement to plaintiff on or before next date.
Adjd to 13-04-2020  for  framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for framing issues to 10.02.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None present.
KB
LO at 5.00pm
None present.
The case is adjourned to 26.03.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 23.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: In view of office order No. 106/2021 dtd. 14.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by 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: FRAMING ISSUES
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Matter called out at 12.02 p.m.
Adv. Bhagyashree Dhamapurkar h/f Adv. Nikhil Rajeshirke for plaintiff
present.
Adv. for defendant absent.
Matter stands adjourned to 30.08.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Matter called out at 12.38 p.m.
Adv. Bhagyashree D. Dhamapurkar for plaintiff.
None present for defendant.
Issues framed below Exh.4
ISSUES
1.	Whether the plaintiff has proved that Wing A and Wing B are 	forming part of common layout and their members are entitled 	for parking space 	on left side and rear side of their Wing?
2.	Whether the plaintiff is entitled for permanent injunction 	restraining 	the defendants, their agents, office bearers, 	members, servants or any other persons claiming through them, 	from causing any restrain to the members of plaintiff society 	from parking their vehicles on the rear side of the Wing A?
3.	Whether the suit is maintainable in view of bar contained in 	Section 164 of Maharashtra Co-operative Society Act, 1960?
4.	Whether the plaintiff has proved to have any cause of action to 	file instant suit against the defendants?
5.	What order and decree?
Plaintiff to file list of witnesses alongwith affidavit of evidence on or
before next date.
Matter stands adjourned to 21.12.2021 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Matter mentioned at  11.21 a.m.
Adv. Ritesh Jadhav for plaintiff present.  He is seeking time to file evidence. Time granted.
None present for defendant.
Matter stands adjourned to 22.02.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Matter called out at 11.30 a.m.
Adv. Sandesh Daptare for plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 02.05.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Adv. Ritesh Jadhav h/f Adv. Rajeshirke for plaintiff present.
None present for defendant.
As court is busy in hearing in St.5107/22.
Matter stands adjourned to 18.07.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present. She is continuously seeking time to file evidence since 21.12.2021. Time granted by way of last chance.
None present for defendant.
Matter stands adjourned to 28.09.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 28.11.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Dhamapurkar for plaintiff present. She is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 06.02.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Bhagyashree Dhamapurkar h/f Adv. Rajeshirke for plaintiff present. She tendered draft CS a/w affidavit in support.
O-Leave granted to register draft CS.
None present for defendant.
Draft CS handed over to the advocate of plaintiff.
Matter stands adjourned on 27.06.2023 for recording evidence/
CS reply.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Adv Bhagyashree Dhamapurkar for Plaintiff present and tendered registered Chamber Summons No. 739/2023 along with affidavit in support. TOR.
None for defendant present.
Matter stands adjourned on 04-09-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: None present.
Affidavit of service not filed.
Matter stands adjourned on 10-11-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: As court is on leave, hence matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Advocate Rutuja Gawas for Plaintiff present.
None for defendant present.
The Learned Advocate for plaintiff filed affidavit of service in Ch/s. No. 739/2023. Taken On Record. Order- filed.
Matter stands adjourned on 12-03-2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Adv. Sandesh Daptare for Plaintiff present.
None for defendant present.
Matter stands adjourned on 29-04-2024 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Tejasvi h/f Adv. Rajeshikhare for Plaintiff present.
Adv. Sayalee Rajpurkar i/b Kadam and Co. for defendant present and filed reply on C/s No. 739/2023. Taken On Record and copy served on plaintiff.
Matter stands adjourned on 09-07-2024 for C/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-07-2024

Date: 09-07-2024
Business: Adv. Nikhil Rajeshirke for plaintiff is present.
Adv. for defendant is present.
Matter stands adjourned on 24.09.2024 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Adv. Tejasvi Salvi i/b Nikhil Rajeshirke  for Plaintiff present.
Adv. Sayalee Rajpurkar i/b Kadam and Company for defendant present.
Both parties are seeking time.
Matter stands adjourned on 03-12-2024 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: P.O. is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Rajeshirke  for Plaintiff present.
Adv. Sayalee Rajpurkar i/b Kadam and Co., for defendant present.
Heard both sides on CS No. 739/23.
Matter stands adjourned on 17-03-2025 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: P.O. is on Leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-04-2025

Date: 22-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Advocate Tejasvi Salvi for Plaintiff present.
Advocate Metra Jagtap for defendant present.
F.R.S.R following order is passed on Chamber Summons No. 739 of 2023.
ORDER
1. The Chamber Summons No.739 of 2023  is hereby rejected.
2. No order as to Costs.
3. The Chamber Summons No.739 of 2023  stands disposed of.
Matter stands adjourned on 01-07-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Sandesh Daptare for Plaintiff present and he submits that matter be kept for evidence of the plaintiff.
None for defendant present.
Matter stands adjourned to 28-10-2025 for R/E.
Later on at 12.10 p.m.
Advocate Netra Jagtap for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Rutuja Gawas h/f Advocate Nikhil Rajeshirke for Plaintiff present.
Advocate Sayalee Rajpurkar i/b Kadam and company for defendant present.
By consent, Matter stands adjourned for R/E to 16-03-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Sandesh Daptare for Plaintiff present and filed adjournment application vide Exh.5. O - Last chance is granted.
Advocate Soham Salvi i/b Kadam and company for defendant present.
Matter stands adjourned for RE to 20-04-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2026

Date: 20-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Adv. Sandesh Daptare  for Plaintiff present seeking adjournment vide. Exh.
Adv. Sayali Rajpurkar for defendant present.
Matter stands adjourned for R.E. to 01/07/2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2026

Date: 01-07-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Tejasvi Salvi for Plaintiff present and seeking time to lead evidence.
Advocate Saylee Rajpurkar  for defendant present ans has strong objection.
Issues are framed in the year 2021. Plaintiff to lead evidence. Adjournment allowed subject to costs of Rs. 200/- payable to DLSA.
Matter stands adjourned for compliance/RE to 19-08-2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Saurabh Rajeshirke for Plaintiff present and seeking time. Plaintiff witness absent. O - Adjournment granted subject to costs of Rs. 500/- payable to DLSA on or before next date in addition to earlier costs.
Advocate  Saylee Rajpurkar for defendant present and filed application for no evidence order has to be passed. Marked as Exh.7. O - Plaintiff to say.
Matter stands adjourned for order on Exh.7/compliance/evidence
to 05-10-2026.
Next Purpose: ORDER
Next Hearing Date: 05-10-2026

CHAMBER SUMMONS/100739/2023

Registration Number: 101969/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 107268/2019
Filing Date: 04-07-2019
First Hearing Date: 01st August 2019
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE