Salim Yasin NirbanVsMHADA +2 more

Date: 23-09-2019
Business: Adv. Ashok Singh for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 3 present.
None present  for Defendant no. 1 and 2.
Matter is adjd. to 13.12.2019 for  N/M reply and WS
Next Purpose: REPLY
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv.A.R. Pande   for Plaintiff is present. He filed additional affidavit a/w documents
Adv. Prabhu for Defendant no. 1and 2 is  present. She seeks time for tendering reply O-Granted as a last chance.
Adv. Chandramore for Defendant no. 3 is  present. She seeks time for tendering reply O-Granted as a last chance.
Matter is adjd. for NM reply   to 14/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. A.R. Pande  for Plaintiff is present.
Adv. Prabhu for defendant no.1 and 2 is present.  She seeks time for tendering NM reply.  O Granted as a last chance.
Adv. Chandramore for defendant no. 3 is present.  She seeks time for tendering NM reply.  O Granted as a last chance.
Matter is adjd.  for NM reply to 01.02.2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Shobhit Shukla for Plaintiff is present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. Prabhu for defendant no.1 and 2 is present. She filed reply to NM no. 2872/2019. copy is served on adv. of plaintiff. She also filed Vakalatnama.
Adv. Chandramore  for defendant no.3 is present.  Defendant no 3 failed to file reply to N/M No. 2872/2019.  Therefore, No reply order is passed against defendant no. 3.
Matter is adjd.  for N/M hearing to 15/02/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Rajnish Dubey for plaintiff is present. He filed additional affidavit in support of N/M no. 2872/2019.   He requested to keep back  the matter. However it is not possible due to other matters on board.
Adv. Prabhu for defendant no.1 and 2 is present.
Matter is adjd. for N/M hearing to 18/03/2020.
lo at 03.10 PM
Adv. A.R. Pande for plaintiff is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: By preciepe. O-allowed.
Adv. Mr. Shobhit Shukla for the plaintiff present and he filed additional affidavit. t.o.r.
Adv. Mr. Chandrashekhar for deft-1 and 2/MHADA present and received copy of additional affidavit.
Adv. Mr. Chandramore for deft-3/BMC present.
Date is preponed.
Matter is adjd. to 04.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Advocate Mr. A.R. Pandey for the plaintiff present.
Advocate Mr. Chandrashekhar for the defendant Nos. 1 and 2 present.
Advocate Mrs. Chandramore for defendant No.3/BMC present.
Heard both the sides on Notice of Motion No.2872/2019.
Matter is adjd. to 09.11.2020 for order on Notice of Motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Adv. Mr.Shobhit Shukla h/f Adv.Mr. A.A. Pandey for the plaintiff.
Advocate Mr. Chandrashekhar for defendant Nos.1 and 2 /MHADA present.
Advocate Mrs. Chandramore for defendant No.3/MMC present.
F.R.S.R. the following order is passed
                   ORDER
1.  The Notice of Motion No.2872 of 2019 is made partly absolute in terms of prayer clause b. 2. The defendants are temporarily restrained from causing obstruction to the plaintiff from carrying out the tenantable repairs of the suit building as mentioned in clause (b).
3.  In the circumstance, no order as to cost.
4. The Notice of Motion No.2872/2019 stands disposed of accordingly.
Matter is adjd. to 21.12.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Adv Rajnish Dubey present for the plaintiff.
None present for the defendant.
Matter is adjd. to 20.01.2021 NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv. Mr. A. R. Pandey for the plaintiff.
Ld. advocate for the plaintiff submits that as per the order dated 09/11/2020 in NM No.2872/2019, the plaintiff has carried out  repairs in the suit premises, and therefore, nothing remains in the suit. So, plaintiff wants to  withdraw the suit.
L.O.
The Ld. Advocate for the plaintiff submits that he does not want to withdraw the suit.
Last chance is granted to the plaintiff for taking steps for service of summons to defendants.
Matter is adjd. to 09/04/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 07.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Rajnish Dubey for plaintiff present.
Adv. Chandramore for defendant/BMC present.
On perusal of roznama it appears that all the three defendants are already on record. But, till today they have not filed WS. Therefore, suit to proceed without WS of defendants No1. to 3.
Matter is adjd. to 15/12/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv. Rajnish Dubey for plaintiff present.
None present for defts.
Matter is adjd. to 29.04.2022 for no W/S hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Dubey present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendants/MHADA.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for RE to 15/07/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 22/08/22.
Next Purpose: DISMISSAL
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Rajnish Dubey present for plaintiff and sought adjournment for adducing evidence.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for RE to 21/09/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, and did not adduce evidence,
Matter adjourned for dismissal order to 15/10/22.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Shobit shukla present for plaintiff and filed application for adjournment. t.o.r. marked as Exh. 05.
Order on Exh 05.
O- Considering the reason application is allowed.
None present for defendant.
There appear elements of settlement. Hence, matter be kept in lok-adalat dt. 12/11/22.
Issue notice to the parties.
Matter adjourned for lok nyayalaya to 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: Adv.Shobhit Shukla h/f.Adv.Ashok Pandey for plaintiff present.
Adv.Chandra More for BMC/deft. Present.
None of the parties present. Compromise not took place.
Matter adjd to 10.12.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv Dipali Mishra for plaintiff present and sought adjournment.
Adv Mangal Kadam for defendant no. 1 and 2 present.
Adv Chandra More for defendant no. 3. present.
Matter adjourned for RE to 08-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Gaurav pandey present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendant no. 01 and 02.
Matter adjourned for RE to 21/03/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Adv. Shobit shukla present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendants.
Matter adjourned for RE to 24/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Deepanjali Mishra present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for RE to 26/06/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Shukla present for plaintiff.
None present for defendants.
Ld. counsel for plaintiff sought adjournment to file affidavit of examination in chief. He undertook that on next date he will either proceed with the matter or withdraw his suit.
Matter adjourned for Recording Evidence to 25.07.2023.
Later on at 12.25 p.m.
Adv. Chandramore for the defendant/BMC present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Adv Geetanjali Mishra present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Amey Kulkarni present for defendant/MHADA.
Matter adjourned for Recording Evidence to 29/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Adv. A. R. Pandey present for plaintiff and tendered withdrawal application marked at Exh.5 along with copy of power of attorny and identy card of CA of plaintiff.
Adv. Khedekar h/f Adv. Sachin Kadam for Def. No. 1.
Adv. Chandramore present for defendant/MCGM.
Adv. Amey Kulkarni present for defendant/MHADA.
Order passed below Exh. 05
     Adv. A. R. Pandey present with CA of plaintiff. He submitted that BMC and MHADA has no objection regarding tenantable repairs condcuted by plaintiff. BMC withdrew its notice under Section 354A of MMC Act. Dt. 25.07.2019.
Therefore, plaintiff desires to withdraw the suit. Hence, I passed following order.
1. Application is allowed.
2. Suit stands disposed off as withdrawn.
Order passed below Exh. 01.
1. Suit stands disposed off as withdrawn in view of Exh. 05.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-08-2023

NOTICE OF MOTION/102872/2019

Registration Number: 102135/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102135/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 108236/2019
Filing Date: 25-07-2019
First Hearing Date: 23rd September 2019
Decision Date: 29th August 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE