Date: 16-07-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 03-09-2018
Date: 03-09-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 16-11-2018
Date: 16-11-2018
Business: Court is on leave half day after noon session.
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adjd
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Court is on half day leave
Matter is adjd. to 16/08/2019 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 12-10-2019
Date: 12-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Patvardhan for Plaintiff is present.
Adv. Prabhu for defendant no.1 is present.
Adv. Shekhavat for defendant no. 2 is present.
Matter is N.T
Matter is adjourned for same stage to 06/02/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Deepshri Rawale for Plaintiff is present.
Adv. Shekhawat for defendant no.2 is present.
Adv. Prabhu for defendant no.5 is present. She submitted that she does not want to file reply on Ch/S NO.1009/2018.
Matter is adjd. for Ch/S hearing to 16/03/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Next Purpose: C/S HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Next Purpose: C/S HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 28.06.2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: due to covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None for plaintiff.
Adv. Mr. Jagdish Choudhary i/b M/s Raj Legal for defendant No.2
Matter is adjd. to 22/09/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. for plaintiff present.
Adv. Shekhawat for D/2 present.
Adv. Ms. Kadam for D/5 present.
Only D/2 has filed reply to Ch/S 1009/18. Other defts have not filed reply, therefore Ch/s to proceed without their reply.
Matter is adjd. to 6/10/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: As court is busy in hearing arguments in SU 8491/93. Hence, board is discharged.
Matter is adjd. to 28.01.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: None present for the plaintiff.
Adv.Mangal Kadam for defendant no.5/MHADA present.
Adv Mr.Shekhavat for defendant no.2 present.
Matter is adjd. to 09.03.2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Girish Joshi present for plaintiff.
Adv. Mangal kadam present for defendant/MHADA and sought adjournment for arguments.
Adv. Shekhavat present for def. no. 02
Matter adjourned for cs hrg. To 16/03/22.
Next Purpose: C/S HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Girish joshi present for plaintiff.
Adv. Kunal shekhawat present for defendants 02 .
Heard argument of ld. Adv. For plaintiff on chs. no. 1009/2018.
as the defendants and their adv. Are absent, and as per request of adv. For plaintiff\''s, Matter adjourned for arguments of defendants on chs. No. 1009/2018 to 16/04/22.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjourned for Ch/S for Arguments to 16.06.2022.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Girish joshi present for plaintiff.
Adv. Shekhawt present for defendant 02.
None present for other defendants.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendants on chamber summons no. 1009/2018.
Matter adjourned for order on chs. 1009/2018 to 17/06/22.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: None present for plaintiff.
None present for defendant.
Following order is passed on Chamber Summons No. 1009/2018.
ORDER
Plaintiff has taken out present chamber summons for allowing them to amend the plaint as per schedule.
Perused the chamber summons, affidavit in support of same, affidavit in reply of defendant no. 02 and record. Heard arguments advanced by ld. Advocate for plaintiff and ld. Advocate for defendant no. 02. The other defendants were absent and therefore they could not be heard.
From the matter on record, it appears that, plaintiff has filed the present suit for declaration that sale deed executed by defendant no. 01 in favour of defendant no. 02 of suit premises is null and void and for possession of the suit premises. From the affidavit in support of chamber summons, it appears that, by the proposed amendment plaintiff wants to introduce the fact of execution of declaration dt. 20/08/1991 by defendant no. 01 which came to the knowledge of plaintiff in October/November 2017 and wants to bring on record the said document. Thus, the proposed amendment is explanatory in nature. The proposed amendment appears necessary for deciding the real controversy between the parties. The proposed amendment is not likely to change the nature of suit. The proposed amendment is also not likely to cause any prejudice to the defendants as trial of the suit is yet to commence. It is settled law that, merits of the amendment cannot be considered at this stage and delay itself is not a ground for rejection of the amendment. Therefore, there appear no substance in the objection of the defendant no. 02.
Considering the matter on record and above discussion, present chamber summons deserves to be made absolute. Therefore, court proceeds to pass the following order.
ORDER
1) Chamber Summons No. 1009/2018 is made absolute.
2) Plaintiffs shall carry out amendment in the plaint as per schedule within fourteen (14) days from the date of this order.
3) Chamber Summons No. 1009/2018 is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if requested.
Matter adjourned for compliance to 05/07/22.
Nature Of Disposal: ALLOWED
Disposal Date: 17-06-2022