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NOTICE OF MOTION

Shri. Vasant Yashwant SawantVsSmt. Premlata Yashwant Sawant +2 more

CNR MHCC01007473201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102309/2018
Registration Date
22 Jun 2018
Next Hearing Date
13 Oct 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-09-2018
    Business: Adv Mr.Thorat for Plaintiff present.
    He tendered original registered N/m No.2309/18 t.o.r.
    Adv Ms.Aditi Nabar for Defendant no.1 and 4 present.
    Adv.Mr.Giriraj for defendants no.2 and 3 present.
    He filed reply to N/m t.o.r.
    Adjd.for hearing on 09.01.2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Adv. Thorat for Plaintiff present.
    Adv. Gaokar for Defendant no.1 and 4 present.
    Adv. Avinash Sharma for Defendant no.2 present.
    Time is extended for service of summons upon Defendant no.5.
    Earlier order to continue till next date.
    Adj for service to 27.02.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Adv. Thorat for Plaintiff present.
    Adv. Yugandhara Gaokar for Defendant no.1 and 4 present.
    Adv. Manish Reshim for Defendant no.2 present.
    Earlier order to continue till next date.
    Adj for report of service of Defendant no.5 to 08.04.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Thorat for Plaintiff present.
    Adv. Ruhan for Defendant no.2 and 3 present.
    Adv. Yugandhara Gaokar for Defendant nos.1 and 4 present.
    Report received from the concerned Court.
    Writ of summons not served.
    Time is extended for service of summons and NM.
    Earlier order to continue till next date.
    Adj for service to 12.06.2019.
    L.O.
    Both parties are senior citizen. In view of office order No.66 of 2019 dtd.04.04.2019 and also in view of oral communication from department, present case is to be forwarded to Court Room no.9.
    Next Purpose: SERVICE
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Court is busy in hearing and dictating order on Notice of Motion no.2080/19 in suit no.7386/06 and at the time of dictating order on Notice of Motion no.2080/19, electricity supply has disconnected, hence remaining board of second session is discharged and case is adjourned to 18/11/2019.
    Earlier order to continue till next date.
    Next Purpose: SERVICE
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Ms. Remedios present for plaintiff
    Adv. Shilpa Joshi present for Defendant Nos. 1 and 4.
    Earlier order to continue till next date.
    Case is adjourned to 03/02/2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Advocate Mr. Modi for Plaintiff present and sought time for filing affidavit of service of writ of summons against Defendant no.5. Time granted as prayed.
    Advocate Ms. Yugandhara Gaonkar for Defendant no.1 and 4 submitted that Plaintiff has obtained status quo order against Defendants in March 2018 and till this date Plaintiff is not making service upon Defendant no.5.  Considering submissions Plaintiff is directed to proceed with arguments of NM on next date. Plaintiff is directed to file affidavit of service of writ of summons against Defendant no.5.
    Earlier order to continue till next date as a last chance.
    Case is adjourned to 03/03/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Advocate Ms. Remedies for Plaintiff present and sought time for service of writ of summons against Defendant no.5.
    Advocate Mr. Veer Kankaria for Defendant no.2 and 3 present
    Adv Ms. Yugandhara M. Goankar for Defendant no.1 and 4 present
    Advocates for Defendant nos.1 to 4 raised objection for adjmt however they have fairly submitted that if Plaintiff will not serve writ of summons against Defendant no.5 on next date, arguments of Defendants may be heard in respect of the NM and court may decide said NM even in absence of Defendant no.5.
    Earlier order to continue till next date.
    Case is adjourned to 15/04/2020 for service of Defendant no.5/NM hearing.
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: SERVICE
    Next Hearing Date: 02-06-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: SERVICE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: SERVICE
    Next Hearing Date: 17-08-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: SERVICE
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2021
    
    Date: 12-10-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv Mr. Thorat for Plaintiff present.
    Adv Ms. Panchal defendant Nos.2 and 3 present.
    None present for other Defendants.
    Advocate for the Plaintiff seeks time to file affidavit of service of writ of summons on Defendant No.5.
    Matter adjd. for filing affidavit of service of writ of summons to 22.02.2021.
    JUDGE
    L.O.
    Adv Ms.Yugandhara Gaonkar for Defendant Nos.1 and  4 present and filed pursis at Exh8 that defendant No.1 has expired on 22.10.2020 and Mrs. Jsayashree Arvind Shaha is one of the legal heir of deceased Defendant No.1.
    Matter is adjd. for steps to 22.02.2021 with direction to the advocate for Defendant No.1 to intimate the Plaintiff\''s advocate about filing of pursis Exh.8.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Mr. Aditya Mody h/f Adv Mr. Thorat for plff present and filed affidavit of service of writ of summons on deft No.5 at Exh.9
    Adv Ms. Panchal for deft Nos.2 and 3 present.
    Adv Mr. Page for deft No.4 present.
    None appeared for deft No.5.
    Contentions raised in affidavit Exh.9 about service of writ of summons on deft No.5 are supported by postal acknowledgment. Deft No.5 did not appear despite proper service hence, suit to proceed ex-parte against deft No.5.
    Adv for plff seeks time to take steps in view of death of deft No.1. O-Time granted till next date subject to law of limitation.
    Matter is adjd. for steps to 24.03.2021.
    Earlier order, if any, to continue till next date.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2021
    
    Date: 24-03-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to covid adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-08-2021
    
    Date: 09-06-2021
    Business: Due to covid adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Adv Ms. Remedios h/f Adv Mr. Thorat for plff present and seeks time to take steps by submitting that deft No.1 has expired.
    Adv Mr. S.R. Page for deft No.4 present.
    Adv Ms. Yashvi Panchal for deft No.2 and 3 present.
    Matter is adjd. for steps to 04.10.2021.
    Earlier order to continue till next date.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    
    Date: 29-11-2021
    Business: (Matter pertains to Court Room No.62.)
    Adv Ms. Remedias h/f Adv. Mr. Thorat present for plaintiff.
    None present for defendants.
    Matter is adjd. for steps to 25.01.2022.
    Earlier order, if any to continue till next date.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Ms. Remedias h/f. Adv. Thorat for plaintiff present.
    None present for defendant.
    On request of advocate for the plaintiff, earlier interim order to continue till next date as nobody is present for the defendants.
    Adjourned for steps to 08/03/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv Ms.Mishra present for plff. and seeks adjournment to take steps for bringing on record HLRs of deceased deft No.1.
    Adv Ms. Khopkar for deft No.4 present.
    None present for other defts.
    Time till next date is granted to take steps.
    Matter is adjd. for steps to 13.06.2022.
    Earlier interim order to continue till next date.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv.Ms.Remedias for plaintiff present.
    Adv.S.R. Page for defendant No.4 present.
    Ld.Adv.for the pltff. requested time for taking steps in respect of deceased deft.No.1. O-Last chance granted.
    Matter adjd to 13.07.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv.Thorat for plaintiff present.
    Adv.Giriraj for deft.No.2 and 3 present.
    The adv.for plaintiff submits that communication made with defendant No.2 for providing details of Legal Heirs of deceased defendant No.1. He also requested for time. Adjd for steps.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 07.09.2022 for steps.
    Judge
    LO at 04.10 pm
    Adv.Esha Jaifalkar h/f.Adv.S.R.Page for deft.No.4 present.
    Matter adjd to 07.09.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-09-2022
    
    Date: 13-07-2022
    Business: Adv.Thorat for plaintiff present.
    Adv.Giriraj for deft.No.2 and 3 present.
    The adv.for plaintiff submits that communication made with defendant No.2 for providing details of Legal Heirs of deceased defendant No.1. He also requested for time. Adjd for steps.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 07.09.2022 for steps.
    Judge
    LO at 04.10 pm
    Adv.Esha Jaifalkar h/f.Adv.S.R.Page for deft.No.4 present.
    Matter adjd to 07.09.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Adv.R.D.Thorat for plaintiff present.
    The plaintiff filed draft chamber summons a/w. Affidavit in support.
    O-Leave granted to register draft chamber summons.
    KB
    LO at 2.45 p.m.
    Adv. Giriraj for defendant No. 2 present.
    Adv. Ms. Jaifalkar for defendant No.4 present.
    Matter adjd to 21.11.2022 for service affidavit and ch/s. reply.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv.Omkar Sawant for plaintiff present.
    Adv.Manasi Shah h/f.Adv.Giriraj for defendant No.2 present.
    Earlier order of interim relief if any to continue till next date.
    On oral request of the plaintiff matter is adjd to 08.02.2023 for service affidavit in chamber summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-02-2023
    
    Date: 21-11-2022
    Business: Adv.Omkar Sawant for plaintiff present.
    Adv.Manasi Shah h/f.Adv.Giriraj for defendant No.2 present.
    Earlier order of interim relief if any to continue till next date.
    On oral request of the plaintiff matter is adjd to 08.02.2023 for service affidavit in chamber summons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: In-charge Court Room No. 62
    Adv. Shruti Chavan h/f Adv. R. D. Thorat for plaintiff present.
    Adv. Isha Jaifalkar for defendant no. 4 present.
    Adv. Manasi Shah h/f. Adv. Giriraj for defendant no. 2 present.
    Earlier order of interim relief if any to continue till next date.
    Matter adj. to 17.04.2023 for service affidavit.
    Judge
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. R.D. Thorat for plaintiff present.
    Adv. Isha Jayphalkar for Deft. no.4 present.
    Adv. Giriraj for Deft. no.2 present.
    Plaintiff tender registered Chamber summons @ affidavit. TOR.
    Earlier order if any, continued till next date.
    Matter adjd to 26.07.2023 for reply in Chamber Summons.
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2023
    
    Date: 17-04-2023
    Business: Adv. R.D. Thorat for plaintiff present.
    Adv. Isha Jayphalkar for Deft. no.4 present.
    Adv. Giriraj for Deft. no.2 present.
    Plaintiff tender registered Chamber summons @ affidavit. TOR.
    Earlier order if any, continued till next date.
    Matter adjd to 26.07.2023 for reply in Chamber Summons.
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Matter pertains to C. R. 62.
    Advocate Ms. Remedias h/f. Adv. Mr. Thorat for plaintiff present.
    Advocate Giriraj for defendant No.2.
    Earlier order if any continued till next date.
    Matter is adjd. To 11-09-2023 for reply in Ch/S.
    Next Purpose: REPLY
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Anjali Mishra for plaintiff present.
    Adv. Giriraj for defendants no. 2 and 3 present.
    Adv. Esha Jaifalkar for defendant no. 4 present.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjd.to 06-11-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Jitendra Patel for plaintiff present.
    Adv. Mansi Shah for defendant present.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjourned to  03-01-2024 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2024
    
    Date: 29-01-2024
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2024
    
    Date: 04-03-2024
    Business: Adv. Anjali Mishra  for plaintiff present.
    Adv. Archana Joglekar for defendant present.
    On the request of defendant counsel, matter adjourned.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjourned to 29-04-2024 for C/S Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: Adv. Shruti Chavan h/f. Adv. R. D. Thorat for plaintiff present.
    Adv. Eesha Jaipalkar i/b. Adv. S. R. Page for defendant no. 4 present.
    Earlier order if any, be continue till next date of hearing.
    Matter is adjourned to   22-07-2024
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: Matter pertain to C.R. No. 62.
    Adv. Jitendra Patel for plaintiff present.
    Adv. Giriraj for defendant No. 2 and 3 present.
    Adv. Ruchi Unrotakar for defendant No. 4 present.
    Earlier order if any be continue till next date of hearing.
    Matter is adjourned to   05-08-2024 for CS Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-08-2024
    
    Date: 05-08-2024
    Business: CORAM:H.H.J.SHRI.R. S. ARADHYE (C.R.NO.62)
    Adv.Shruti Chavan h/f Adv.R.D.Thorat for plaintiff present.
    Adv.Arvind Giriraj for defendant Nos.2 and 3 present.
    Adv.Eesha Jaifalkar i/b Adv.S.R.Page for defendant No.4present.
    Earlier order if any be continue till next date of hearing.
    Matter is adjourned to 25/09/2024 for reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-09-2024
    
    Date: 05-08-2024
    Business: CORAM:H.H.J.SHRI.R. S. ARADHYE (C.R.NO.62)
    Adv.Shruti Chavan h/f Adv.R.D.Thorat for plaintiff present.
    Adv.Arvind Giriraj for defendant Nos.2 and 3 present.
    Adv.Eesha Jaifalkar i/b Adv.S.R.Page for defendant No.4present.
    Earlier order if any be continue till next date of hearing.
    Matter is adjourned to 25/09/2024 for reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-09-2024
    
    Date: 25-09-2024
    Business: Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present.
    Adv. Manasi Shah for defendant No.2 and 3 present.
    Earlier order if any be continued till next date.
    Matter is adjourned to 20.11.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-11-2024
    
    Date: 25-09-2024
    Business: Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present.
    Adv. Manasi Shah for defendant No.2 and 3 present.
    Earlier order if any be continued till next date.
    Matter is adjourned to 20.11.2024 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    (Matter taken on todays board in view of holiday declared on 20.11.2024 on account of Polling Day of General Election of State Legislative Assembly of Maharashtra.)
    (Matter received from CR No.62 as per order dtd. 08.10.2024.)
    None present for parties.
    Adjourned on 09.12.2024 at 11.00am for CS Reply and Hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-12-2024
    
    Date: 20-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    (Matter taken on todays board in view of holiday declared on 20.11.2024 on account of Polling Day of General Election of State Legislative Assembly of Maharashtra.)
    (Matter received from CR No.62 as per order dtd. 08.10.2024.)
    None present for parties.
    Adjourned on 09.12.2024 at 11.00am for CS Reply and Hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-12-2024
    
    Date: 20-11-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    (Matter taken on todays board in view of holiday declared on 20.11.2024 on account of Polling Day of General Election of State Legislative Assembly of Maharashtra.)
    (Matter received from CR No.62 as per order dtd. 08.10.2024.)
    None present for parties.
    Adjourned on 09.12.2024 at 11.00am for CS Reply and Hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-12-2024
    
    Date: 09-12-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Rahul Thorat for plaintiff present.
    Adv. Arvind Giriraj for defendant no. 2 and 3 present.
    Heard both parties on CS 1510/2022. The reply is not filed by the defendant. Defendant no. 1 has expired and that part is brought in the first part of the amendment. Apparently, no legal heir has been sought. Hence, same is allowed with respect to defendant no. 1. Needless to say, as suit abates as regards defendant no. 1. As regards the other parts of the amendment it deals with alleged right created by defendant no. 1 in favour of defendant no. 4 which is revealed in the written statement. Same is objected orally on grounds that it is of permanent alternate accommodation which would be allotted and hence, not in existence. Apparently, for the sake of consideration there is provision made of permanent alternate accommodation as part of redevelopment process of which right is already created. In such circumstances, it cannot be said that it relates to non existence of right. Hence, the proposed amendment is required for consideration. CS No. 1510/2022 is allowed. Amendment be carried out expeditiously. CS No. 1510/2022 disposed off.
    It is again clarified that suit stands abated as against defendant no.1. Parties are called upon to explore possibility of settlement. The developers are requested to use their good officers for the same.
    Matter is adjourned 18-12-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2024
    
    Date: 09-12-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Rahul Thorat for plaintiff present.
    Adv. Arvind Giriraj for defendant no. 2 and 3 present.
    Heard both parties on CS 1510/2022. The reply is not filed by the defendant. Defendant no. 1 has expired and that part is brought in the first part of the amendment. Apparently, no legal heir has been sought. Hence, same is allowed with respect to defendant no. 1. Needless to say, as suit abates as regards defendant no. 1. As regards the other parts of the amendment it deals with alleged right created by defendant no. 1 in favour of defendant no. 4 which is revealed in the written statement. Same is objected orally on grounds that it is of permanent alternate accommodation which would be allotted and hence, not in existence. Apparently, for the sake of consideration there is provision made of permanent alternate accommodation as part of redevelopment process of which right is already created. In such circumstances, it cannot be said that it relates to non existence of right. Hence, the proposed amendment is required for consideration. CS No. 1510/2022 is allowed. Amendment be carried out expeditiously. CS No. 1510/2022 disposed off.
    It is again clarified that suit stands abated as against defendant no.1. Parties are called upon to explore possibility of settlement. The developers are requested to use their good officers for the same.
    Matter is adjourned 18-12-2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. S. R. Page for defendant No.4 present.
    Advocate of plaintiff tenders amended copy of plaint. It is taken on record and marked as Exh.1-A.
    Amendment is carried out. Parties to file additional written statement by next date.
    Adjourned on 13.01.2025 for Additional WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2025
    
    Date: 18-12-2024
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. S. R. Page for defendant No.4 present.
    Advocate of plaintiff tenders amended copy of plaint. It is taken on record and marked as Exh.1-A.
    Amendment is carried out. Parties to file additional written statement by next date.
    Adjourned on 13.01.2025 for Additional WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Jitendra Patel h/f Adv. Rahul Thorat for plaintiff present.
    Adv. Yash Singh h/f Adv. Mansi Shah for defendant No.2 and 3 present.
    Adv. S. R. Page for defendant No.4 present.
    It is submits that there are proposal talks going on. Parties to co operate in settlement. Parties are at liberty to approach mediation process if so advised. At this stage matter is adjourned.
    Adjourned on 28.01.2025 for Settlement.
    Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-01-2025
    
    Date: 13-01-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Jitendra Patel h/f Adv. Rahul Thorat for plaintiff present.
    Adv. Yash Singh h/f Adv. Mansi Shah for defendant No.2 and 3 present.
    Adv. S. R. Page for defendant No.4 present.
    It is submits that there are proposal talks going on. Parties to co operate in settlement. Parties are at liberty to approach mediation process if so advised. At this stage matter is adjourned.
    Adjourned on 28.01.2025 for Settlement.
    Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-01-2025
    
    Date: 28-01-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. S. R. Page for defendant No.4 present.
    Adv. Abhit Puppala i/b Adv. Arvind Giriraj for defendant No.2 and 3 present and tenders pursis regarding death of defendant No.1 alongwith photocopy of death certificate of Satish Shankar Gupte. It is taken on record and marked as Exh.10. O- Plaintiff to take steps.
    Adjourned on 12.02.2025 for Settlement and Steps.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Jitendra Patel h/f Adv. Rahul Thorat for plaintiff present.
    Adv. Arvind Giriraj for defendant No.2 and 3 present.
    Adv. Archana Joglekar i/b Adv. S. R. Page for defendant No.4 present.
    Heard both the sides on CS.
    Order on CS
    Chamber Summons pertains to bringing LRs of defendant No.3 on record. The intimation was given on the last date. Immediately steps have been taken. Thus sufficient cause is made out. Delay is condoned. Abatement is set aside. LRs of defendant No.3 be taken on record. Chamber summons disposed off accordingly. It be registered for statistical purpose. Amendments be carried out by next date. Adjourned on 24.02.2025 for Compliance and Settlement.
    Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-02-2025
    
    Date: 24-02-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present and tendered amended copy of plaintiff.
    Adv. Yash Singh h/f Adv. Mansi Shah for defendant No.2 and 3 present.
    Defendant No.4 present.
    Adv. Ms. Fesha Jaifalkar i/b Adv. S. R. Page for defendant No.4 present.
    Defendant No.3(a) to 3(c) are added. They be served. Advocate appearing for defendant No.3 waive service on behalf of the service of Deft. No.3(a) to 3(c).
    Advocate prays for time on behalf of defendant No.4 for additional written statement and submits that settlement is not possible. Time granted of one week to file written statement. Advocate of defendant No.3 is at liberty to file written statements on behalf of LRs i.e. Deft No.3(a) to 3(c) if so advised by next date. Adjourned on 05.03.2025. Earlier order, if any, to continue till next date.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. Jitendra Patel h/f Adv. Rahul Thorat for plaintiff present
    Adv. Yash Singh i/b  Adv. Mansi Shah for defendant No.2 and 3(a) to 3(c) present.
    Adv. Ruchi Umrotkar i/b Adv. S. R. Page for defendant No.4 present.
    Adv. Singh on behalf of Deft No.3(a) to 3(c) files additional written statement. It is taken on record and marked as Exh.11.
    Advocate of defendant No.4 undertakes to file vakalatnama within two weeks. Undertaking accepted.
    Advocate of defendant No.4 undertakes to file written statement by next date. Time granted.
    Adjourned on 17.03.2025 for Additional WS of Deft No.4.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Ruchi Umrotkar i/b Adv. S. R. Page for defendant No.4 present and tenders additional written statement of Deft No.4. It is taken on record and marked as Exh.12. Copy be served on both plaintiffs and other defendants.
    It is submits that vakalatnama for defendant No.4 is already filed.
    Adv. Yash Singh appears for defendant No.2, 3(a) to 3(c) and undertakes to file vakalatnama for defendant No.3(a) to 3(c) on next date. Undertaking accepted.
    Adjourned on 02.04.2025 for Framing Issues.
    Earlier order, if any, to continue till next date.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Eesha Jaifalkar i/b Adv. S. R. Page for defendant No.4 present.
    Adv. Yash Singh for defendant No.2 and 3(a) to 3(c) present and tenders vakalatnama of Adv. Mansi Shah for defendant No.3(a) to 3(c). It is taken on record and marked as Exh.13.
    Issues are being framed.
    Exh.14 - Issues Framed.
    Advocate of defendant No.2 and 3(a) to 3(c) tenders draft issues.  Filed as issues are already framed. It is marked as Exh.15.
    Adjourned on 16.04.2025 for Filing Affidavit of Evidence and Documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Archana Joglekar i/b Adv. S. R. Page for defendant No.4 present.
    Adv. Yash Singh i/b Adv. Mansi Shah for defendant No.2 and 3(a) to 3(c) present.
    Advocate of plaintiff tenders adjournment application. It is taken on record and marked as Exh.16. O-Granted.
    Adjourned on 30.04.2025 for Filing Affidavit of Evidence and Documents.
    Earlier order, if any, to continue till next date.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-04-2025
    
    Date: 30-04-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Arvind Giriraj for defendant No.2 and 3 present.
    Adv. Archana Joglekar i/b Adv. S. R. Page for defendant No.4 present.
    Advocate of plaintiff tenders adjournment application. It is taken on record and marked as Exh.17.  Granted as last chance.
    Adjourned on 09.06.2025 for Filing Affidavit of Evidence and Documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Yash Singh for defendant No.2 and 3 present.
    Adv. Eesha Jaifalkar i/b Adv. S. R. Page for defendant No.4 present.
    Advocate of plaintiff tenders affidavit of evidence. It is taken on record and marked as Exh.18.
    Advocate of plaintiff tenders documents alongwith list of documents. List is taken on record and marked as Exh.19 Defendant to file say. Considering the same matter placed for admission and exhibiting and evidence with regarding document on record. Placed on 18.06.2025. Advocate of plaintiff submits that Deft No.5 has expired recently. Adjourned for steps as against Deft No.5/Admission/Denial of the documents.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-06-2025
    
    Date: 18-06-2025
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C. R. NO.19)
    Adv. R. D. Thorat for plaintiff present.
    Adv. Yash Singh i/b Adv. Mansi Shah for defendant No.1 and 2 present.
    Adv. Archana Joglekar i/b Adv. S. R. Page for defendant No.4 present.
    Adjourned on 09.07.2025 for steps as against Deft No.5 / Admission / Denial of the documents.
    Earlier order, if any, to continue till next date.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: Adv. R. D. Thorat for plaintiff present.
    Adv. Arvind Giriraj for defendant No.2 and 3 present.
    None for other defendant present.
    Adv. for defendant No.2 and 3 filed application for admission and denial on behalf of defendant No.2, 3(a) to 3(c). O-Read and Record. Taken on record and marked as Exhibit-20.
    Matter stands adjourned on 20/08/2025 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-08-2025
    
    Date: 20-08-2025
    Business: P. O. is on leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-09-2025
    
    Date: 20-08-2025
    Business: P. O. is on leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: Adv. Jitendra Patel for plaintiff present and requested for time to heairng on admission and denial of the documents. Time granted on oral request.
    Adv. Yash Singh for defendant No.1 and 2 present.
    Adv. Eesha Jaifalkar i/b Adv. S. R. Page for defendant No.4 present.
    None for other defendant present.
    Matter stands adjourned on 29/10/2025 for hearing on admission and denial of the documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-10-2025
    
    Date: 29-10-2025
    Business: P.O. is on Leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 21-11-2025
    
    Date: 29-10-2025
    Business: P.O. is on Leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 21-11-2025
    
    Date: 21-11-2025
    Business: NOT ON BOARD TAKEN ON BOARD
    None for plaintiff.
    None for defendant.
    There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 13.12.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
    Matter is adjourned to 13.12.2025  for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: National Lok Adalat is held on 13th December, 2025 (Panel No.9)
    (Matter pertains to CR No.65)
    Both parties are absent.
    Matter is adjourned to 06.01.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 06-01-2026
    
    Date: 06-01-2026
    Business: Adv. Remedious for plaintiff present.
    Adv. Archana Joglekar for defendant No.4 present and filed say on admission and denial. O-Seen. Taken on record and marked as Exhibit-21.
    None for other defendant present.
    Matter stands adjourned on 19/01/2026 for hearing on exhibition of documents.
    Later on.
    Adv. Roshan Sawant for defendant No.2, 3(a) to 3(c) present.
    Next Purpose: HEARING
    Next Hearing Date: 19-01-2026
    
    Date: 19-01-2026
    Business: Adv. Jitendra Patel for plaintiff present.
    Adv. Mansi Shah for defendant No.2, 3(a) to 3(c) present.
    Adv. Archana Joglekar for defendant No.4 present.
    None for other defendant present.
    Keep Back.
    Later on.
    Adv. R. D. Thorat for plaintiff present and filed draft Chamber Summons along with affidavit. Leave granted to register it.
    Adv. Mansi Shah for defendant No.2, 3(a) to 3(c) present and endorse the reply on draft Chamber Summons itself.
    Adv. Archana Joglekar for defendant No.4 present.
    None for other defendant present.
    Matter stands adjourned on 03/02/2026 for service, reply of defendant No.4, and filing registered Chamber Summons.
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2026
    
    Date: 03-02-2026
    Business: Adv. R Thorat for plaintiff present and filed register Ch/ s 229/2026. O-The Ch/ s no 229/2026 not press by plaintiff
    O- filed as not pressed.
    The learned Adv. filed draft ch/ s  O- Leave is granted to register it.
    Copy served  upon to defendant no. 2, 3 (a) to 3 (c) and 4.
    Adv. Mansi Shah for defendant no.2, 3 (a) to 3 (c)present.
    Adv. Eesha Jaifalkar i/b Adv. S. R. Page for defendant no. 4.
    None other for defendant  present.
    Matter stands adjourned on 11.03.2026 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 11-03-2026
    
    Date: 11-03-2026
    Business: advocate Patel for plaintiff present.
    Advocate Manshi Shah for defendant No.2, 3(a) to 3(c) present.
    Advocate Archana Joglekar for defendant                                                    No.4
    Matter stands adjourned on 10.06.2026 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-06-2026
    
    Date: 10-06-2026
    Business: Adv.  Thorat for plaintiff present
    Adv Prabudha Mali i/b S. R. Page  for defendant no 2 . present.
    Adv.  for defendant No 4 present.
    Adv. Thorat for plaintiff filed application for extension of time to register Chamber Summons. TOR. Exhibit- 22
    O- Considering the reasons, application is allowed. Time extended for registering Chamber Summons till next date.
    Matter stands adjourned on 24-06-2026 for tendering registered Chamber Summons and reply of defendant.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2026
    
    Date: 24-06-2026
    Business: Adv. Remedios  for plaintiff present.
    Adv. Mansi Shah for defendant present.
    Adv. Eesha Jaifalkar i/b Adv. S R Page for defendant no 4 has received the copy of Chamber Summons and sought time to file reply.
    Adv. for plaintiff has also sought time to served the copy of Chamber Summons on respondent.
    Adv. Manis Shah for defendant no 2, 3(a) to 3(c) have received the copy of Chamber Summons and sought time to filing reply
    
    Matter stands adjourned on 19-08-2026 for filing reply and affidavit of service
    Next Purpose: REPLY
    Next Hearing Date: 19-08-2026
    
    Date: 19-08-2026
    Business: CORAM - H.H.J. SHRI. A. H. BAIG (CR.65)
    Adv. R D Thorat for plaintiff present and filed service affidavit  of Chamber Summons no. 1317/26   O- Seen.
    Adv. Eesha Jaifalkar i/b Adv. S R Page for defendant no 4 present.
    Adv. Arvind Giriraj a/w Yash Singh  for defendant no. 2,  3(a) to 3(c) present
    Reply given by defendants to plaintiff chamber summons on itself.
    None for other defendant present on the Chamber Summons no. 1317/26.
    Argument heard on Chamber Summons no 1317/26.
    Matter stands adjourned on 31-08-2026 for C/s Order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 31-08-2026
    
    Date: 31-08-2026
    Business: Adv. Jitendra Patel for plaintiff present.
    Adv. Eesha Jaifalkar i/b Adv. S. R. Page for defendant no. 4 present.
    F.R.S.R. following order is passed in Chamber Summons No. 1317/26
    ORDER
    1. The present Chamber Summons No.1317 of 2026 is made absolute.
    2. Delay in taking out present Chamber Summons for bringing legal heirs of deceased defendant No.5 on record, is condoned.
    3. Abatement of suit against defendant No. 5, is set aside.
    4. Plaintiffs is permitted to amend the plaint as per schedule within 14 days from the date of this order and plaintiff shall supply amended plaint to the other side and also for the Court.
    5. After addition of legal heirs of defendant No.5,  fresh Writ of Summons shall be issued to them through bailiff.
    6. The present Chamber Summons No.1317 of 2026 is disposed of accordingly.
    Matter stands adjourned on 13-10-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 108215/2018
    Filing Date: 22-06-2018
    First Hearing Date: 19th September 2018
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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