Date: 11-10-2021
Business: Adv. Gautam h/f Adv. Mr. Lanke for plaintiff present.
Adv. Abhijeet Naik for defendant No.5 present and filed application for extension of leave to register NM.
O- Application is allowed, Leave to register N/M is granted.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant Nos.1 to 3 present.
Advocate for the plaintiff tendered registered Ch/s No.1233/2021 along with affidavit in support. t.o.r.
Matter is adjd. to 10/11/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv Jitendra H/f Adv S.S.Lanke present for the plaintiff.
He filed affidavit of service of CS No.1233/21 TOR
Adv Mr.Naik present for the defendant no.5
He filed register CS No.1233/21 TOR O-filed.
Adv Pathak H/f Adv Kandekar present for MHADA
Matter is adjd. to 11.02.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. To 07.04.2022 FOR Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Gautam hf adv. Lanke present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
As the defendant and respondents failed to file reply to the chs no. 1233/21, Hence cs no. 133/21 be proceed without reply.
Matter adjourned for cs hrg. To 08/06/22.
Next Purpose: C/S HEARING
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. S. S. Lanke present for plaintiff.
Adv. Pathak hf adv. Kandekar present for defendant 01 to 03/MHADA.
Adv. Sapna khobragade present for the proposed defendants.
None present for other defendants 04 and 05.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendant no. 01 to 03 and advocate for proposed defendants.
Following order is passed on chamber summons no. 1233/2021.
ORDER
Plaintiff has taken out present chamber summons for allowing him to carry out amendment in the plaint as per schedule.
Heard arguments of ld. Adv. for plaintiff and ld adv. for defendant no. 01 to 03 and advocate for proposed defendants/respondents.
From the chamber summons, it appears that, plaintiff wants to bring on record heirs/legal representatives of deceased defendant no. 05 and want to challenge the order dt. 24/11/2020 passed by defendant no. 01, 02 and 03. From the affidavit in support of chs, it appears that, defendant no. 05 expired on 01-07-2021. Respondents have not disputed the fact of death of defendant no. 05 on 01-07-2021 and fact that, they are the legal representatives of deceased defendant no. 05. It appears that, plaintiff has taken out the chamber summons within the prescribed period. Moreover, the proposed amendment appears necessary for desiding real controversy between the parties and for avoiding the multiplicity of the proceeding. No prejudice will be caused to the defendants if the chamber summons is made absolute.
Considering the matter on record and above discussion, the chamber summons deserves to be made absolute. Hence, court proceeds to pass the following order.
ORDER
1) Chamber Summons No. 1233/2021 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
2) Chamber Summons No. 1233/2021 is disposed off accordingly.
Matter adjourned for compliance to 16/07/22.
Nature Of Disposal: ALLOWED
Disposal Date: 08-06-2022