Date: 04-07-2018
Business: Adv. Mr. Joshi for Plaintiff present and tendered affidavit of service. t.o.r. and marked as Exh.2.
Adv. Mr. Giri for defendant / BMC present.
Adjd. to 07.07.2018 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-07-2018
Date: 07-07-2018
Business: Adv. Mr. Arvind Shrivastav for Plaintiff present.
Adv. Mrs. Kamble for defendant / BMC present.
Matter is adjd. to 23.07.2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: By Preceipee.
Adv. Arvind Shrivastav for Plaintiff present.
O - Short service is allowed to serve defts.
Alrady adjd. to 23.07.2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv. Mr. Arvind Shrivastav for Plaintiff present tendered affidavit of service and original Writ of Summons. T.O.R.
Adv. Mr. Giri for defendant no.4 / BMC present.
None for deft.no. 1 to 3.
Adjd. to 08.08.2018 for filing reply.
Next Purpose: FILING SAY
Next Hearing Date: 08-08-2018
Date: 08-08-2018
Business: Adv. Mr. Kalpesh Joshi for plff. present.
Defendant nos.1 to 3 absent.
Adv. MR. Giri for defendant no.4 /BMC present.
Plff. to satisfy about the maintainability of suit against the deft
corporation.
Adjd. to 16.08.2018.
Next Purpose: FILING SAY
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Adv for plff present
Defts no.1 to 3 and their advs are absent.
Adv Jyoti Mhatre for BMC/deft no.4 present.
Heard arguments of adv for plff on maintainability of suit against the deft no.4/BMC.
Adjd to 29/08/2018 for argument of deft no.4/BMC.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Adv.Sriwastav for plaintiff present.
Adv. Mhare for defendant no. / BMC present.
On oral request of Adv. for Plaintiff, adjournment granted.
Earlier order to continue till next date.
Matter adjd. to 5.9.18 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: Adv. Mr. Kalpesh Joshi for Plaintiff present.
Adv. Ms. Mhatre for Defendant No.4 / BMC present.
None for Defendant Nos. 1 to 3.
Heard both the sides.
Perused the Plaint and heard Ld. advocate for the Plaintiff and Ld. advocate for Defendant No.4 corporation. Prayer clauses (f),(h) and (i) of the Plaint pertain to reliefs against Defendant No.4 corporation. Ld. counsel for the Plaintiff admits that the building is demolished already. As such prayers (f) and (h) against Defendant No.4 corporation have become infructuous. Prayer clause (i) claims relief that Defendant No.4 be directed to comply guidelines issued in W.P.No. 1135/2014. Defendant No.4 is a statutory body and it is mere apprehension of the Plaintiff that the Defendant No.4 will not comply the aforesaid guidelines. The Plaintiff has not shown any proof of such apprehension. As such, no such prayer can be granted by the Civil Court. In this backdrop presence of Defendant No.4 corporation is not necessary in order to enable the Court effectually and completely adjudicate upon and settled all the questions involved in the Suit. In view of this order, the name of Defendant No.4 corporation, which is improperly joined, be struck-out. Plaintiff is directed to carry out the amendment accordingly and there after matter be assigned to appropriate Court by Registrar of City Civil Court.
Matter adjd. to 21.09.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2018
Date: 21-09-2018
Business: NOB TOB
Matter transferred from C. R. No. 8.
Adv. Mr. Srivastav for the Plaintiff present.
Defendant nos. 1 and 2 though duly served with writ of summon, failed to appear. Hence exparte order is hereby passed against deft nos. 1 and 2.
Thus, suit is to be proceeded further exparte.
Already matter is adjd. to 3.10.2018 for proof of service of writ of summons of deft nos. 2 and 3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Adv. Mr. Arvind Srivastav for the Plaintiff present.
It appears that on 7.07.2018 already exparte order has been passed against deft no. 3 and on 21.09.2018 exparte order has been passed against deft nos. 1 and 2. Therefore suit to proceed exparte.
Matter is adjd. to 31.10.2018 for N/M hearing/ evidence of the plff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. Arvind Shrivastav for the Plaintiff present.
None for Defendant present.
Court is busy in dictating orders in Suit No.7530/81 and hearing others matters. hence Board is discharged.
Matter is adjd. to 05.01.2019 for N/M Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Adv. Mr. Kalpesh Joshi for the Plaintiff present.
Deft nos. 1 to 3 exparte.
Already exparte order has been passed against all the defts and suit is ready for final hearing. Hence, the plff is directed to adduce evidence in the suit and Notice of Motion no. 2269/18 stands disposed of.
Matter is adjd. to 28.01.2019 for evidence of the plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Adv. Mr. Kalpesh Joshi for the Plaintiff present.
Deft nos. 1 to 3 exparte.
Adv for the plaintiff seeks adjournment. Granted.
Matter is adjd. to 15.02.2019 for evidence of the plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Resumed.
Adv. Nisha Shah for plaintiff prays for kept back the matter.
The P.O. is busy in hearing final arguments in Suit no. 3856/2008. For want of time the board is discharged.
Adjd for evidence of plaintiff to 26.02.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: Resumed.
Adv. Mr. Arvind Shrivastav with plaintiff and other witnesses present.
None present for defendant.
Exh. 1 Plaint.
Exh. 2 Vakalatnama
Exh. 3 Memo of address.
Exh. 4 List of the documents.
Exh. 5 Affidavit in support of plaint.
Exh. 6 Affidavit of evidence of PW-1 A. L. Gandhi.
Exh. 7 List of documents. O-Other side to say.
Exh. 8 Affidavit of evidence of PW-2 Payal Gandhi.
Exh. 9 Affidavit of evidence of PW-3 Sandhya Trigunayat.
Adjd for admissibility of documents to 18.04.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Resumed.
The P.O. is busy in dictating judgment in Suit No. 752/1991. For want of time the board is discharged.
Adjd for admission denial to 15.06.2019.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. Nisha Shah for plaintiffs present.
PW-1 and PW-2 present.
None present for defendants.
Heard advocate for plaintiff on admissibility of documents.
Original Adhar Card of plaintiff.
Original PAN Card of plaintiff issued by IT department.
Original Electricity bills for the month of June 2008, January 2010 and October 2012 issued by Reliance Energy.
Original Telephone bills for the month of February 2014, October 2017 and February 2018 issued by MTNL.
Original Passbook of Plaintiff\''s Savings Bank Account in Bank of Baroda, Ghatkopar East branch.
Original Passbook of Joint Savings Bank Account of Plaintiff and her Son in SVC Co.op. Bank Ltd, Ghatkopar East Branch.
Photocopy of Redevelopment Agreement dated 29.5.2006 along with its annextures and Deed of Confirmation dated 11.11.2009 executed between Defendant Nos. 2 and 3
RTI copy of Area Certificate dated 1.6.2015.
RTI copy of letter dated 8.8.2017 along with its annexures.
Original Area Certificate dated 2.8.2018 issued by Defendant No. 4 through Executive Engineer, N Ward.
Color Photographs of the Suit Flat.
Adjourned for further evidence of plaintiff to 22.8.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Nisha Shah for plaintiff present.
None present for defendants.
The Ld. counsel for the plaintiff seeks time for filing further evidence.
Adjourned for further evidence of plaintiff to 9.9.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Nisha Shah for plaintiff present.
None present for defendants.
PW-2 present.
Additional affidavit of PW-2 Mrs. Payal Gandhi @ Upadhayay.
Additional compilation of documents filed by the PW-2.
The document at sr. no. 1 with list Exh. 7-A is certified copy of Deed of Confirmation executed between the defendant nos. 2 and 3 filed. Naturally the original document will not be in custody of the plaintiff. The document is marked as exhibit 17 (only for the purpose of identification). Receipt dated 3.7.2019 is marked as Exh. 18. Receipt dated 10.7.2019 issued by Mr. Sameer Sawant is marked as Exh. 19.
Certified copy of the Deed of Confirmation dated 11.9.2009. (Only for the purpose of identification).
Original receipt dated 3.7.2019 issued by the Sub-Registrar.
Original bill dated 10.7.2019 issued by Mr. Sameer Sawant.
Evidence closing pursis filed by the plaintiff. O-Seen and filed.
Adjourned for exparte argument to 19.9.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Kalpesh Joshi for plaintiff present.
The Ld. Counsel for the plaintiff seeks time for argument.
Adjourned for exprate argument to 18.10.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Nisha Shah for plaintiff present.
The Ld. counsel for the plaintiff seeks time for argument.
Adjourned for exparte hearing to 11.12.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Mr. Kalpesh Joshi for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time for arguments.
O. - Granted.
The matter is adjd for arguments to 14.01.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Sarosh Barucha along with Adv. Kalpesh Joshi and Adv. Nisha Shah for plaintiff present.
None for deft.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 28.01.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Nisha Shah for plaintiff present.
None for deft.
Court time is over as court is busy in dictating judgment and hearing in other matter.
The matter is adjd for Judgment to .14.02.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Nisha Shah i/b. Kapesh Joshi for plaintiff present.
None for deft.
Judgment.
F.R.S.R. following order is passed -
ORDER
1. Suit is dismissed.
2. Plaintiff to bear her own cost.
3. Decree be drawn accordingly.
4. Dictated and pronounced in Open Court.
Nature Of Disposal: DISMISSED
Disposal Date: 14-02-2020
