Navalkishor B. SharmaVsMHADA +6 more

Date: 26-11-2018
Business: Heard both the parties.
Earlier order to continue if any.
Matter adj. to 13/12/2018 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Plaintiff Adv. Sharma in person present.
Adv. Harshal Damania for defendant nos.2 and 7 present.
For want of time matter adjd. For order to 20.12.2018.
Ad-interim relief, if any to continue till next date.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Plaintiff in person present.
Adv Mr. Harshal Damani for Defendant nos 2 and 7 present.
Earlier order if any till continue till next date.
Adjourned for N/m hearing to 16/01/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Plaintiff in-person present.
Adv. Prabhu for defendant/MHADA present.
Matter is already argued by both the parties and Ld. Advocates for parties informed that they don\''t want to advance any further argument.
Hence, adjd. for order in NM to 21.01.2019.
Earlier order, if any, to continue till next date.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Business: Plaintiff in-person present.
KB         LO
Adv. Prabhu for defendant no.1/MHADA present.
Adv. Harshal Damania for defendant nos.2 and 7 present.
F.R.S.R following order is passed.
ORDER
1.   Notice of Motion No.3208 of 2018 stands rejected.
2.      Costs in the main cause.
Adjd. for Writ of summons on 01.03.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Plaintiff in person present.
Adv. Prabhu for defendant no.1/MHADA present and orally undertaken to file VP on behalf of defendant no.1.  Her oral undertaking is accepted.
Adv. Durgesh Jaiswal for defendant nos.2 and 7 present.
Adv. Shukla h/f AGP Shri Kudalkar for defendant no.4 and 5 present.
Plaintiff submitted that writ of summonses are sent by Speed Post to defendant nos.3 and 6.
On request of advocates for defendant nos.1,2,4,5 and 7, matter adjourned for filing written statements by those defendants.
On request of plaintiff, matter adjourned for awaiting report of writ of summons as against defendant nos.3 and 6.
By consent matter adjourned for Written Statement to 01.04.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Plaintiff in person present.
Adv. Prabhu for defendant no.1 present.
Adv.Harshal Damania for deft nos.2 and 7 present,
AGP Shri Khatib for deft nos.4 and 5/State present.
KB    LO
Plaintiff  has filed application seeking permission to submit Track Reports of the Speed Posts.O-Allowed.
Advocate for defendant no.1 seeks time to file WS.
O- Granted subject to the period of limitation prescribed in Order 8 Rule 1 CPC.
Adjourned to 22.04.2019 for awaiting report of Writ of Summons in respect for defendant nos.3 and 6 and for filing WS by defendant no.1.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Plaintiff in person present and filed affidavit of service of writ of summons on all defendants.
Adv. Sunita h/f Adv. Prabhu for defendant no.1 present.
Adv. Damania for defendant nos.2 and 7 present and tendered draft NM on behalf of defendant no.2 alongwith affidavit in support.  He also tendered draft NM on behalf of defendant no.7 with affidavit in support.  O- Leave granted to register those NM with direction to serve plaintiff.
He also filed proposed written statements of defendant nos.2 and 7. O- Be kept on record as NM taken out by defendant nos.2 and 7 for condonation of delay are pending
Adv. Kapse for defendant nos.4 and 5 present.
Plaintiff brought to the notice that  he has already filed letter of request on record on 01.03.2019 and Writ of summons also on the same date.
Adjourned to 15.06.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Plaintiff present.
Adv. Rashmi for Defendant nos. 2 and 7 present.
Adv. Prabhu for MHADA Defendant no. 1 present.
Adv. Suryawanshi for MMC/Defendant No. 3 present (No WS )
Adv. Mr. Kamble h/f Khatib for Defendant nos. 4 and 5 present. (No WS )
Vakalatnama tendered by Defendant no. 1. t.o.r. O-filed.
Defendant no. 6 though duly served with writ of summons, failed to appear. Hence exparte order is passed against Defendant no. 6.
Defendant no. 3 to 5 have failed to file WS within stipulated period. Hence no WS order is passed against Defendant no. 3 to 5.
Two N/M not tendered by Defendant nos. 2 and 7.
Matter is adjd. to 3.07.2019 for N/M reply by the Plaintiff to N/M of Defendant nos. 2 and 7.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Afshan for the Plaintiff present.
Adv Kamble h/f Kudalkar for Defendant nos. 4 and 5 present.
Adv. Rashmi for Defendant 2 and 7 present.
Adv. Prabhu for MHADA Defendant no. 1 present.
Adv. Suryawanshi for MMC/Defendant No. 3 present
Reply to N/M tendered by the Plaintiff. t.o.r.
Original registered N/M No. 1830/19 alongwith affidavit in support tendered by Defendant no. 2 . t.o.r.
 Original registered N/M No. 1831/19 alongwith affidavit in support tendered by Defendant no. 7. t.o.r.
Matter is adjd. to 16.08.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: The Court is busy in hearing arguments in SU No. 9835/99 and precipe matters, hence matter is adjd. to 3.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: As Court is busy in hearing urgent matter and passing interim order, board discharged.
Matter adj for N/M hearing on 12/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Plaintiff in person  is present.
Adv. Chandramore  for defendant no.3 is present.
Adv. Prabhu for defendant no. 1 is present.
Adv. Harshal Ramania for defendant no. 2 and 7  is present.
Heard argument of adv. of defendant no. 2 and 7 and plaintiff on N/M no. 1830/2019 and 1831/2019.
Matter is adjd. for order on N/M no.1830/2019 and 1831/2019  to 29/02/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Plaintiff in person present.
Adv. Ms. Prabhu for D/1 present.
Adv. Ms. Chandramore for Defendant No.3 present.
Adv. Darshan Jain for the D/4 and 5 present.
D/2 and 7 are absent.
Heard the plaintiff and rest of the defts. on NM 1830/19 and 1831/19 afresh.
Adjd. to 7/3/2020. for arguments by the D/2 and 7 / Order on both NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Ms. Pataskar h/f Nav Kishor Sharma for the Plaintiff present.
Adv. Mr. Harshad Damania for Defendant No. 2 and 7 present.
Heard adv for Defendant nos. 2 and 7.
Matter is adjd. to 12.03.2020 for order on N/M No. 1830/19 and 1831/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Mr. Holamagi for the Plaintiff present.
Adv. Harshad Damania for Defendant Nos. 2 and 7 present.
Adv. Vaibhavi Pawar for Defendant nos. 4 and 5 present.
Adv. Ms. Mangal Kadam h/f V. S. Prabhu for Defendant no. 1 present.
FRSR the following order is passed.
                                   ORDER
1. Notice of Motion No. 1830 of 2019 is made absolute by condoning the delay and allowing the defendant No. 2 to file written statement on record subject to payment of cost of Rs.1,000/-(Rupees One Thousand only) to the plaintiff.
2.  On payment of such cost, written statement of the defendant no. 2 is allowed to be taken on record.
3.  Notice of Motion No. 1830 of 2019 stands disposed of accordingly.
FRSR the following order is passed.
                                   ORDER
1. Notice of Motion No. 1831 of 2019 is made absolute by condoning the delay and allowing the defendant No. 7 to file written statement on record subject to payment of cost of Rs.1,000/-(Rupees One Thousand only) to the plaintiff.
2.  On payment of such cost, written statement of the defendant no. 7 is allowed to be taken on record.
3.  Notice of Motion No. 1831 of 2019 stands disposed of accordingly.
Matter is adjd. to 26.06.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: national lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Plaintiff in person present.
Adv Chandramore for the defendant no.3.
Till today, the defendants no.2 and 7 have not made compliance of the order dated 12/03/2020 in NM no. 1830/2019 and NM No.  1831/2019 respectively.  Hence, the suit to proceed further.
Matter is adjd. to 24/03/2021 for discovery and inspection.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff in person is present.
Adv. Chandramore for defendant No.3.
Adv. Mr. Kapse for defendants No.4 and 5.
Matter is adjd. to 25/06/2021 for discovery and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: FOR___________________
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None for plaintiff.
Adv. Mangal Kadam for defendant1 No.1 is present.
Adv. Chandramore for defendant/BMC
Adv. Mr. Kudalkar for the defendants No.4 and 5 present.
Matter is adjd. to 26/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Plaintiff in person present.
Adv. Pradip Jain for the defendants No.2 and 7 present.
Adv. Hajare for the defendant No.3 present.
Adv. Mr. Kudalkar for defendant No.4 present.
As per roznama dated 12/3/2020, defendants No.2 and 7   allowed to file WS subject to costs. But till today defendants No.2 and 7 have not paid to plaintiff. Therefore, suit to proceed without WS against defendants No.2 and 7. Already defendants No.2 and 7 have filed WS on record. But, they have not paid costs. NO WS order is also passed against defendants No.3 to 5.
WS of defendant No.1 is found lying on record. Plaintiff submitted that he has received copy, on the basis of same WS today. the plaintiff is willing to tender draft issues. Therefore, written statement of defendant No.1 is t.o.r.  and marked as Exh.3.
KB L.O.
Advocate for the defendants No.2 and 7 filed application for permission to pay costs to plaintiff.
O- Other side to say. Say filed.
Heard.
ORDER
Perused the application. The plaintiff has strong objection to allow the application. Already no WS order is passed against defendants no.2 and 7. Thereafter, by giving one opportunity their NM was allowed subject to costs of Rs.1000/- from each defendants to plaintiff. The order was passed on 12/03/2020, now October-2021 is running. There is no reason except lock-down why the defendants No.2 and 7 have not complied order. On last date also the concerned defendants have not complied the order. Therefore, efforts from the side of defendants No. 2 and 7 are not bona-fide. However, in the interest of justice it is necessary to grant opportunity to defendants No.2 and 7 to put their defense on record. But, for delay without reason they will have to compensate. Consequently, the amount of costs is increase from 2000 to 2500/-.
Cost is received by plaintiff.
Written statement of defendant No.2 t.o.r and marked as Exh.4.
Written statement of defendant No.7 t.o.r and marked as Exh.5.
Matter is adjd. to 20/12/2021 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Mr. Naval Sharma for Plff. present.
Adv. Mr. Harshal Damania for Deft. Nos. 2 and 7 present.
As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 18-02-2022 for  framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Plaintiff in person present and submits that D/2 and 7 have not served the copy of their written statement to plaintiff.  Hence, D/2 and 7 are directed to serve the copy of W/S to plaintiff on or before next date, failing which, further orders will be passed.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. for issues to 1/4/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. absent  for plaintiff.
Adv. Chandramore present for defendant 03/MCGM.
Adv.  Harshal damania For def. no. 02 and  07 and he supplied copy of WS of defendant no. 02 and 07.
Plaintiff in person present.
Issues are framed as Ex. 06.
Matter adjourned for RE to 23/06/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: None present for plaintiff.
Adv. Harshal Damania present for defendant 02 and 07.
Adv. Chandramore present for defendant/MCGM.
Plaintiff in Person present and tendered his affidavit of evidence of pw no. 01 Mr. Navalkishore B. Sharma t.o.r marked as Ex. 07 and list of documents t.o.r marked as exh. 08.
Matter adjourned for admission and denial to 28-07-22.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. Naval Sharma/plaintiff in person present.
Adv. Chandramore present for defendant 03/MCGM and filed say on admission and denial at Exh. 08 itself.
Adv. Kapse present for defendant no. 04 and 5 and filed say on list of documents at Ex. 08 itself.
adv. Harshal damania present for other defendants 02 and 07 and sought adjournment to file reply of admission and denial.
Matter adjourned for admission and denial as a last chance to 22/08/22.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. For plaintiff/Plaintiff in person present.
Adv. Harshal Damania present for defendant 02 and 07 and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for admission and denial to 20/09/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None present for plaintiff.
Adv. Harshal Damania present for defendant 02 and 07 and tendered affidavit in reply of admission and denial of defendant no. 02 and defendant no. 07 separately.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for hearing on admissibility of documents to 17/10/22.
Next Purpose: HEARING
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Plaintiff in person present.
Adv. absent for plaintiff.
Adv. Harshal damania present for defendant 02 and 07.
Adv. Chandramore present for defendant 03/MCGM.
Adv. Apoorva hf adv. Kudalkar present for defendant no 04.
None present for other defendants.
Heard argument of ld. Adv. For plaintiff and ld adv. For defendant 02 and 07 on admissibility of documents below list of documents. Exh. 08. As the other defendants are absent,  Matter adjourned for arguments of other defendants if any on admissibility of documents/order to 23/11/22.
Next Purpose: HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. absent for plaintiff.
Adv. Vaibhavi pawar hf adv. Kudalkar present for defendant no. 03 and 04.
Plaintiff in person present.
Adv. Harshal damania present for defendant no. 02 and 07.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendants.
Heard arguments of ld. kudalkar Advocate for defendant 04 and 05 and ld. Advocate for defendant  03/MCGM on admissibility of documents.
Arguments of defendant no. 02 and 07 and plaintiff is already heard.
As other defendants and their advocates are absent and failed to advanced their arguments, Matter adjourned for order as to admissibility of documents to 09/12/22.
Next Purpose: ORDER
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Geeta Sharma present for plaintiff.
Adv. Vidya Vyavahare present for defendant 03/MCGM.
Following order as to admissibility of documents is passed below Exh. 08.
Order- Perused the affidavit in lieu of examination in chief of pw no. 01 Nawal Kishore Sharma at Exh. 07. List of documents, the documents filed therewith, say of admission and denial of defendant no. 02, 07, 01, 04 and record. Heard arguments advanced by ld. Advocate for plaintiff. Defendant no. 02 and 07 and ld. Advocate for defendant no. 03, 04 and 05.
1)    The document at sr. no. 01 is the photocopy of map/plan. Plaintiff has not adduced proper evidence in respect of the above document. Hence, document at sr. no. 01 is not admissible and it  is marked as Article P- 1.
2)     The document at sr. no. 02 is the photocopy of annexure 02. It does not bear any stamp of MHADA or anything to show that it was issued under RTI. Plaintiff has not laid foundation for leading secondary evidence in respect of the document at sr. no. 02   Hence, document at sr. no. 02 is not admissible and it is marked as Article P- 2.
3)     The documents at sr. no. 03 are the office copies of plaintiffs letters issued to the defendant no. 07. It bears signature of the plaintiff.  Hence, documents at sr. no. 03 are admitted marked as Exh. 09 colly.
4)      The document at sr. no. 04 is the photocopy of letter. Plaintiff has not laid foundation for leading secondary evidence in respect of the document at sr. no. 04. Pw no 01 has also  not adduced proper evidence in respect of same. Hence, document at sr. no. 04 is not admissible and it is marked as Article P- 3.
5)  The documents at sr. no. 05 are the photocopies of the photographs.  Plaintiff has not laid foundation for leading secondary evidence in respect of the documents at sr. no. 05. Hence, documents at sr. no. 05 is not admissible and it is marked as Article P-4.
6)   The document at sr. no. 06 is the original Domestic Gas Consumer Card of plaintiff issued by Zigma Gas Service. Hence, document at sr. no. 06 is admitted and marked as Exh. 10.
7)    The document at sr. no. 07 are the photographs of the existing structure.  Plaintiff has not produced the primary evidence of same nor laid foundation for leading secondary evidence in respect of same.  Hence, document at sr. no. 07 are marked as Article P-5 colly.
8)   The document at sr. no. 08 is the photocopy of letter issued by defendant no. 02 to the plaintiff. Defendant no. 02 wide his reply admitted above document. Hence, document at sr. no. 08 is marked as Exh. 11.
9)   The document at sr. no. 09 are the original Telphone Bills issued by MTNL a public authority in favour of plaintiff in discharge of its official function. Hence, document at sr. no. 09 are marked as Exh. 12 colly.
10)    The documents at sr. no. 10 are the original letters issued by Slum Rehabilitation Authority and MHADA to the plaintiff in discharge of its public functions. Hence, documents at sr. no. 10 are marked as Exh. 13 colly.
11)    The document at sr. no. 11 are the original receipt of payment Government extract of Electoral Roll List and original letter of information officer issued in discharge of its public function. Hence, document at sr. no. 11 are admitted and marked as Exh. 14 colly.
12)    The document at sr. no.12 is original letter issued by officer of MCGM to the plaintiff in discharge of its official function. Hence, document at sr. no. 12  is marked as Exh. 15.
13)   The document at sr. no. 13 is the original Envelope sent by RPAD which is returned at the address of the suit structure. Hence, document at sr. no. 13 is marked as Exh. 16.
14)   The document at sr. no. 14 is the original certificate issued by the official of LIC to plaintiff in discharge of its public functions. Hence, document at sr. no. 14  is marked as Exh. 17.
15)   The document at sr. no. 15 is the photocopy of Income Tax Refund order. Plaintiff has not laid foundation for leading secondary evidence in respect of same. Hence, document at sr. no. 15 is marked as Exh. 18.
16)   The document at sr. no. 16 is the original letter issued by LIC of India, A Public Undertaking to the plaintiff. Hence, document at sr. no. 16 is marked as Exh. 19.
17)   The documents at sr. no. 17 are the original reply letters issued by the officers of MHADA to plaintiff in discharge of public functions.   Hence, document at sr. no. 17 are marked as Exh. 20.
18)   The document at sr. no. 18 is copy of application under Right to Information Act filed by plaintiff in the office of Executive Engineer Kurla Division and it bears acknowledgement about receipt of same.  Hence, document at sr. no. 18  is marked as Exh. 21.
19)   The document at sr. no. 19 are the office copies of plaintiff\''s letters issued to the MHADA alongwith copy of inward register of MHADA. Which bears acknowledgement of MHADA about receipt of same.  Hence, document at sr. no. 19 are marked as Exh. 22 colly.
20)  The document at sr. no. 20 is the office copy of plaintiff\''s letter issued to the Assistant Land Manager which bears acknowledgement of MBR and R Board alongwith the copy of inward register.   Hence, document at sr. no. 20  is marked as Exh. 23 colly.
21)   The document at sr. no. 21 is the office copy of plaintiff\''s letter issued to MHADA which bears acknowledgement of MBR and R Board.  Hence, document at sr. no. 21  is marked as Exh. 24.
22)   The document at sr. no. 22 is the original letter issued by MBR and R Board to the plaintiff in discharge of its official functions. Hence, document at sr. no. 22  is marked as Exh. 25.
23) The document at sr. no. 23 is the original letter issued by MHADA officers in discharge of its official function to the plaintiff. alongwith the list. Hence, document at sr. no. 23 is marked as Exh. 26 colly.
24) The document at sr. no. 24 is the original letter issued by public information officer of MHADA in discharge of its official functions to the plaintiff.  Hence, document at sr. no. 24 is marked as Exh. 27.
25) The document at sr. no. 25 is the office copy of plaintiffs application to the additional collector Mumbai which bears acknowledgement about receipt of same by the office of Additional Collector.  Hence, document at sr. no. 25 is marked as Exh. 28.
26)  The document at sr. no. 26 is the original letter issued by Deputy Collector of Gharkopar to plaintiff in discharge of its official functions.  Hence, document at sr. no. 26 is marked as Exh. 29.
27)  The document at sr. no. 27 is the original letter issued by  the Deputy Collector Slum Rehabilitation Authority to the MHADA and copy of which was sent to the plaintiff in discharge of public functions. Hence, document at sr. no. 27 is marked as Exh 30.
28) The document at sr. no. 28 are the office copies of plaintiff\''s letters issued to the Vice President and Chief Executive Officer of MHADA, Original letter of Executive Engineer Kurla to Executive Engineer Mulund copy of which forwarded to plaintiff, office copy of plaintiff\''s letter to the secretary MHADA, Original letter of Secretary MHADA to chief officer. Copy of which forwarded to the plaintiff and original letter of Deputy Engineer MHADA to Deputy Chief Engineer and Estate Manager to the Executive Engineer, copies of which were forwarded to the plaintiff.  Hence, document at sr. no. 28 are marked as Exh. 31 colly.
29)  The document at sr. no. 29 is the original letter issued by public information officer of Deputy Collector office to the plaintiff. Hence, document at sr. no. 29 is marked as Exh. 32.
30)  The document at sr. no. 30 are the office copies of plaintiffs notice to the defendant no. 02 alongwith postal acknowledgement. Hence, document at sr. no. 30 are marked as Exh. 33 colly.
31) The document at sr. no. 31 is the original letter of additional collector issued to the plaintiff in discharge of its public functions. Hence, document at sr. no. 31 is marked as Exh. 34.
32)  The document at sr. no. 32 is the original letter issued by  MHADA to the plaintiff in discharge of its official functions.  Hence, document at sr. no. 32  is marked as Exh. 35.
Matter adjourned for cross-examination pw 01 to 12/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None present for plaintiff
Adv Chandramore present for defendant no.03/BMC.
Plaintiff in person present and sought adjournment for taking necessary steps.
Matter adjourned for steps/cross-examination of PW-1 to 03.03.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As court is on leave, Matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Plaintiff in person present and sought adjournment.
Adv. Chandramore present for defendant no.3/MCGM.
Adv. Kapse present for defendant no. 04 and 5.
None present for other defendants.
Matter adjourned for steps/cross examination of pw 01 to 26-06-23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Plaintiff in person present and tendered application for issuance of witness summons. TOR and marked as Exh.36. O-Issue witness summons.
Adv. Suraj Kudalkar present for defendant Nos. 4 and 5.
Adv. Chandramore for defendant No.3/BMC present.
Cross examination of PW- 01 Navalkishor Sharma by defendant No.1/MHADA. Absent when called. Hence, no cross examination by defendant No.1/MHADA.
Cross examination of PW- 01 Navalkishor Sharma by defendant No.2. Absent when called. Hence, no cross examination by defendant No.2.
Cross examination of PW- 01 Navalkishor Sharma by Advocate Smt. Chandramore for defendant No.3/BMC is commenced and completed.
Cross examination of PW- 01 Navalkishor Sharma by defendant No.6. Absent when called. Hence, no cross examination by defendant No.6.
Cross examination of PW- 01 Navalkishor Sharma by defendant No.7. Absent when called. Hence, no cross examination by defendant No.7.
Cross examination of PW- 01 Navalkishor Sharma by Adv. Suraj Kudalkar defendant No.5 is commenced and completed.
Matter adjourned for evidence of plaintiff to 20.07.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Plaintiff in-person present and tendered original two witness summons.   TOR and marked as Exh.36 and Exh.37.
He also filed affidavit of service. TOR and marked as Exh.38.
Plaintiff also filed affidavit examination in chief of PW-02. TOR and marked as Exh.39.
Adv. Lad present for defendant No.1. He submitted that he does not wish to cross examine witness Shyam Salgaonkar.
Adv. Damaniya present for defendant Nos. 2 and 7.
Adv. Pradip Patil for defendant No.3 present. He declined to cross examine witness Shyam Salgaonkar.
Advocate for defendant Nos. 5 and 6 are absent.
PW-02 present.
 ORDER ON ADMISSIBILITY OF DOCUMENTS
      Perused affidavit and documents filed on record vide list Exh.8.
Today document No.7 at page Nos. 22,23 and 24 are 03 photographs.  They are shown to the witness. Witness says that they are same photos which he developed on direction of Naval Sharma. They are collectively marked as Exh.40.
Cross-examination of PW-02 by Damaniya for defendant Nos. 2 and 7 is commenced and completed.
Re-examination of PW02 by plaintiff in-person commenced and completed.
Adv. Lad tendered puris for filing documents. TOR and marked as Exh.41.
He also tendered list of document. TOR and marked as Exh.42.
Mr. Rahul S. Vhatkar, Executive Engineer, attached to MHADA present. He filed document with pursis Exh.41 and List of document Exh.42.  First document as per list Exh.42 is true copy of annexure 2. Witness has produced its original for persual of court and parties. They are similar therefore, annexure 2 is marked as Exh.43.
Document No.2 vide List Exh.42 is a photocopy of letter dated 03.12.2004.   Witness has produced its original for persual of court and parties. They are similar therefore, letter dated 03.12.2004 is marked as Exh.44.
He further submits photographs at document No.3 in the list Exh.42 are photocopies only.  Their photocopies cannot be marked as exhibits. They are marked Article-P6.
Evidence closing puris filed by plaintiff. TOR and marked as Exh.45. O-Seen.
Matter adjourned for Defendants Evidence to 23.08.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Plaintiff in-person present.
Adv. Damaniya present for defendant Nos. 2 and 7 and tendered  draft notice of motion on behalf of defendant Nos.2 and 7. O-Leave granted. Copy served on plaintiff.
Adv. Chandramore present for defendant/BMC.
Advocate Kapse for defendant Nos. 4 and 5 present.
Matter adjourned for NM Service and reply/ Defendants Evidence to 11.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Plaintiff in-person present. He tendered reply to NM No.3178/2023 and NM No.3179/2023.
Adv. Arushi Yadav h/f. Adv. Harshal Damaniya present for defendant Nos. 2 and 7 and tendered registered NM No.3178/2023 alongwith affidavit in support and NM No.3179/2023 alongwith affidavit in support. t.o.r.
Adv. Chandramore present for defendant/BMC.
Adv. Kapse for defendant Nos. 4 and 5 present.
Matter adjourned for NM Hearing/ Defendants Evidence to 22.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: Adv. Geeta Sharma present for plaintiff.
Adv. R.R. Pawar h/f. Adv. P.G. lad present for defendant No.1.
Adv. Harshal Damaniya present for defendant Nos. 2 and 7.
Order on Notice of Motion No.3178 of 2023
      Perused notice of motion filed by defendant No.7 and reply filed by plaintiff. Heard learned counsels for both sides.
     It is contention of defendant No.7 that his counsel was held up in another court on 26.06.2023. Therefore his counsel was absent when called for cross examining plaintiff Navalkishor Sharma. None appearance of counsel of defendant No.7 is unintentional. He prayed for giving him opportunity to cross examine plaintiff.
      Plaintiff denied all allegations and submitted that no one was present on behalf of defendant No.7 when matter was called for his cross examination. He prayed for rejecting this notice of motion.
     I have given thoughtful consideration to submissions of both sides. Though the reason assigned by defendant No.7 is not sufficient, a litigant cannot be punished for errors of his counsel. Hence, discretion needs to be exercised in favour of defendant No.7, accordingly I pass following order
ORDER
1. Notice of Motion No.3178 of 2023 is allowed subject to cost of Rs.200/- (Two hundred rupees only).
2. Notice of Motion No.3178 of 2023 stands disposed off.
Order on Notice of Motion No.3179 of 2023
      Perused notice of motion filed by defendant No.2 and reply filed by plaintiff. Heard learned counsels for both sides.
     It is contention of defendant No.2 that his counsel was held up in another court on 26.06.2023. Therefore his counsel was absent when called for cross examining plaintiff Navalkishor Sharma. None appearance of counsel of defendant No.2 is unintentional. He prayed for giving him opportunity to cross examine plaintiff.
      Plaintiff denied all allegations and submitted that no one was present on behalf of defendant No.2 when matter was called for his cross examination. He prayed for rejecting this notice of motion.
     I have given thoughtful consideration to submissions of both sides. Though the reason assigned by defendant No.2 is not sufficient, a litigant cannot be punished for errors of his counsel. Hence, discretion needs to be exercised in favour of defendant No.2, accordingly I pass following order
ORDER
1. Notice of Motion No.3179 of 2023 is allowed subject to cost of Rs.200/- (Two hundred rupees only).
2. Notice of Motion No.3179 of 2023 stands disposed off.
Matter adjourned for Payment of cost and cross examination of plaintiff to 12.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Plaintiff (PW- 01 Navalkishor Sharma) in-person present.
Adv. R.R. Pawar h/f. Adv. P.G. lad present for defendant No.1.
Adv. Chandramore present for defendant No.3/BMC.
Adv. Suraj Kudalkar present for defendant Nos.4 and 5.
Adv. Harshal Damaniya present for defendant Nos. 2 and 7.
Cost received by plaintiff from defendant No.2 and 7 as per order dated 22.12.2023 on NM 3178/2023 and NM No.3179/2023.
Cross examination of PW- 01 Navalkishor Sharma by Adv. Harshal Damania for defendant Nos.2 and 7 as per order dated 22.12.2023 in Notice of Motion No.3178/2023 and Notice of Motion No.3179/2023 is commenced and completed
Matter adjourned for Evidence of defendants to 11.03.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Adv. Amol Ohal h/f. Adv. Geeta Sharma present for plaintiff.
Adv. Chandramore present for defendant No.3/BMC.
Adv. Harshal Damaniya present for defendant Nos. 2 and 7.
Defendant No.1 and its counsel are absent. Hence, evidence of defendant No.1 is closed.
Matter adjourned for Evidence of defendant No.2 to 01.04.2024.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Plaintiff in-person present.
Adv. R.R. Pawar h/f. Adv. P.G. Lad present for defendant No.1.
Adv. Harshal Damaniya present for defendant Nos. 2 and 7. He tendered affidavit of evidence on behalf of defendant No.2 and list of document. Taken on record and marked as Exh.46  and Exh.47 respectively. O-Filed. Copy served on defendant/BMC.
Adv. Chandramore present for defendant No.3/BMC.
Matter adjourned for Admission and denial to 12.06.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Plaintiff in-person present.
Plaintiff tender reply on documents filed by defendant No.2 and copy served on defendant No.1 and 5.
Adv. Shetye h/f Adv. Lad present for defendant No.1.
Defendant No. 2 is directed to supply copies of affidavit to other defendants.
Matter adjourned for compliance/ hearing to 30.07.2024
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Plaintiff in-person present.
Adv. Shetye h/f Adv. Lad present for defendant No.1.
Adv. Harshal Damania for defendant Nos.2 and 7.
Adv. Apurva Dalal for defendant/BMC prseent.
Mr. V. G. Phadke, representative of defendant No.2.
Adv. Suraj Kudalkar for defendant Nos.4 and 5 present.
Copy of evidence of defendant No.2 served on defendant Nos.1 and defendant/BMC.
Matter adjourned for admission and denial to 24.09.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Adv. Rushikesh Shirke for plaintiff present.
Adv. Shetye h/f Adv. Lad present for defendant No.1.
Adv. Apurva Dalal for defendant/BMC prseent.
Adv. Suraj Kudalkar for defendant Nos.4 and 5 present.
Matter adjourned for Hearing on admissibility of documents to 23.10.2024.
Next Purpose: HEARING
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Rushikesh Shirke for plaintiff present.
Adv. Anjali Mhaskar h/f Adv. Lad present for defendant No.1.
Adv. Apurva Dalal for defendant/BMC prseent.
Adv. Farkhanda Shakh h/f. Adv. Suraj Kudalkar for defendant Nos.4 and 5 present.
Adv. Harshal Damania for defendant Nos.2 and 7.
Matter adjourned for Hearing on admissibility of documents to 14.01.2024.
Next Purpose: HEARING
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Plaintiff in-person present.
Adv. Anjali Mhaskar h/f Adv. Lad present for defendant No.1.
None for defendant/BMC present.
None for defendant Nos.4 and 5 present.
Adv. Harshal Damania for defendant Nos.2 and 7.
KB for some time.
L.O. at 12.15 pm
Adv. Uma Jadhav h/f Adv. Suraj Kudalkar present for defendant No. 04  and 05.
Adv. Rahul Rathod h/f Adv. Apurva Dalal present for defendant/BMC.
   Heard, Ld. Adv. for defendant No.2 and plaintiff on admission/denial of documents tendered by defendant No. 2 vide list Exh.47.
     Ld. Adv. for plaintiff objects for marking document Sr. No.1 on the ground that the said board resolution is not registered with ROC. He further objects document Sr. No.03 to 05 on the ground that the said documents are not as per annexure-II of the society prepared by defendant No.1/MHADA. Ld. Adv. for plaintiff further objects marking of documents at Sr. No. 7, 8 and 9 on the ground that there is interpolation/overwriting on these documents.
     So far as document at Sr. No.1 is concerned same being certified true copy of board resolution of defendant No.2/company same needs to be marked. Its registration with ROC is not requisite not being special general meeting. Marked as Exh.48.
     So far as document at Sr. No. 2 as concerned it is the order passed by competent authority, MHADA. Hence, same needs to be marked. Marked as Exh.49.
     So far as document at Sr. No. 03 to 05  being original letters issued by SRA, same needs to be marked. Marked as Exh.50 (Colly).
     So far as document at Sr. No. 6 is not objected to. Hence, same is needs to be marked. Marked as Exh.51.
     So far as document at Sr. No. 7 to 9 are concerned, only one list of occupants bearing 65 entries seems to be original. Admittedly there seems deletion/overwriting at many places in the list. Ld. Adv. for defendant No.2 it has been made by the developer and it is not interpolation. As the said list is original, same needs to be marked. Marked as Exh.52. Other two list being colour zerox cannot be marked at this stage.
    Ld. Adv. for defendant No. 2 seeks time to tender original list of occupants on record. Time granted.
Matter adjourned for filing documents by defendant No.2 to 25.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: None present for plaintiff.
Adv. Shettye a/w. Adv. Paras Pawar h/f Adv. Lad for defendant No.1 present .
Adv. Apurva Dalal present for defendant/BMC.
Adv. Suraj Kudalkar present for defendant Nos. 4  and 5.
None for defendant No.2.
No documents adduced by defendant No.2 as was prayed for on last date.
Matter adjourned for filing documents by defendant No.2 to 24.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Plaintiff present.
Adv. N. Sharma for plaintiff present.
Adv. Paras Pawar  h/f Adv. Lad for defendant No.1 present .
Adv. Apurva Dalal present for defendant/BMC.
Adv. Harshal Damania for defendant Nos.2 and 7 present.
Matter adjourned for filing documents by defendant No.2 to 03.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: None present for plaintiff.
Adv. Paras Pawar  h/f Adv. P.G. Lad for defendant No.1 present .
Adv. Harshal Damania for defendant Nos.2 and 7 present and filed compilation of document Exh.53. Taken on record. Copy served on defendants. Copy be serve on plaintiff.
Adv. Apurva Dalal present for defendant No.3/BMC.
Matter adjourned for service and reply to 25.09.2025.
Next Purpose: SERVICE
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: None present for plaintiff.
Adv. Shetye  h/f Adv. P.G. Lad for defendant No.1 present .
Adv. Sadaf Ansari for defendant Nos.2 and 7 present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Adv. Suraj Kudalkar for defendant No.4 and 5/State present.
Matter adjourned for service and reply to 24.11.2025.
Next Purpose: SERVICE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant No.3/BMC present.
Adv. Suraj Kudalkar for defendant No.4 and 5 present.
Adv. Divya Jagdale h/f. Adv. Lad for defendant No.1 present and tendered say on additional documents filed by defendant No.2. Taken on record and marked as Exh.54. Taken on record.
Matter adjourned for service and reply to 09.02.2026.
Judge
Later on at 11.41 a.m.
Adv. Sadaf Ansari i/b. Adv. Harshal Damania for defendant No.2 and 7 present.
Matter is already adjourned for service and reply to 09.02.2026.
Next Purpose: SERVICE
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: Plaintiff in-person present and tendered say on list of document filed by defendant No.2. Taken on record and marked as Exh.53A.
O-TOR. Copy served on defendant No.2 and defendant/MHADA.
Adv. Anjali Maskar h/f. Adv. Lad for defendant No.1 present.
Adv. Sadaf Ansari h/f. Adv. Harshal Damania for defendant Nos.2 and 7 present.
Adv. Shital Waghmare h/f. Adv. Aslam Tadvi for defendant No.3/BMC present.
Adv. T. A. Dhotre h/f. Adv. Suraj Kudalkar for defendant No.4 and 5 present.
Matter adjourned for hearing on admissibility of document to 16.03.2026.
Next Purpose: HEARING
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: Adv. Geeta Sharma for plaintiff present.
Adv. Aditya Ragade h/f. Adv. Kudalkar for defendant No.1 present.
Adv. Harshal Damania for defendant Nos.2 and 7 present.
Adv. Aslam Tadvi for defendant/BMC present.
Matter adjourned for hearing on documents to 10.04.2026.
Next Purpose: HEARING
Next Hearing Date: 10-04-2026

Date: 10-04-2026
Business: Plaintiff in-person present.
Adv. Shette h/f. Adv. Lad for defendant No.1 present.
Adv. Kudalkar for defendant No.4 and 5 present.
Today matter is fixed for argument of documents of defendant No.2. Neither defendant No.2 nor advocate for defendant No.2 present.
No argument of defendant No.2. Keep for argument of other side on next date.
Matter adjourned for hearing on documents by other side to 22.06.2026.
Next Purpose: HEARING
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: P.o. is on leave
Next Purpose: HEARING
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: 07/08/2026
As per Office order No. 219 of 2026 dated 21-07-2026  Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from  02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned to
Next Purpose: HEARING
Next Hearing Date: 22-09-2026

NOTICE OF MOTION/103208/2018
NOTICE OF MOTION/101831/2019
NOTICE OF MOTION/101830/2019
NOTICE OF MOTION/103179/2023
NOTICE OF MOTION/103178/2023

Registration Number: 103029/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 103029/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 107526/2018
Filing Date: 08-06-2018
First Hearing Date: 26th November 2018
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE