Date: 26-08-2019
Business: Son of the Plaintiff present.
Already Vakalatnama of the Plaintiff.
Address memo of the Plaintiff.
Application tendered by the Plaintiff for seeking adjournment. t.o.r Time is extended as prayed for.
Matter is adjd. to 19.11.2019 for proof of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Sandeep Salavi for def No 1 to 3 present he filed vakalatnama t.o.r
son of plaintiff is present. He filed writ of summons. He also filed draft NM and affidavit in support. Copy be served on other side.
He filed adjournment application. O granted
Adjourned for filing WS by defendant no 1 to 3 and service of NM/ reply to 07/01/2020.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Mohit Darji for Plaintiff is present.
Adv. Pratik Patil h/f Adv. Sandeep Salavi for defendant no.3 is present. He seeks time for N/M reply. O granted subject to cost of Rs. 200/- to plaintiff.
Matter is adjd. for N/M reply/cost to 21/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv Mohit Darji present for the plaintiff.
None present for the defendant.
Matter is adjd. to 18.01.2021 NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 01/04/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 22/06/2021 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv.O.R.Tiwari for plaintiff.
Adv. Subhedar for defendant no.4 and 5.
The advocate of plaintiff submitted that no reply and No WS order be passed against defendants. The defendant no.4 and 5 requested time but not tendered any application therefore suit to proceed without reply on NM and without WS against all defendants.
Matter adjourned for No WS hearing and NM to.11.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv Mr.O.R.Tiwari for plaintiff present
Adv Subhedar for MMRDA/ defendant nos.4 and 5 present.
Ld advocate for defendant nos.4 and 5 seeks time to argue the matter.
Adjourned at the request for the Ld advocate for the defendant nos.4 and 5
Matter is adjd. to 07.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. O.R. Tiwari for Plff. present.
Adv. Subhedar for Deft. No. 4 and 5 present and filed list of documents. TOR. Copies are served upon Plff.
None present for remaining Defendants.
KB
LO 4.45 PM
Adv. O.R. Tiwari for Plff. present.
Adv. Subhedar for Deft. No. 4 and 5 present.
Heard Ld. Adv. for Plff. and Deft. Nos. 4 and 5 on N/m 4579/19. None present for Deft. Nos. 1 to 3. Hence their argument on N/m 4579/19 is closed.
Matter is adjd. to 14-03-2022 for order N/m no. 4579/19.
Next Purpose: NM ORDERS
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Subhedar for MMRDA present.
Matter is adjd. to 19-03-2022
Next Purpose: NM ORDERS
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Son of plaintiff Sheshrao Khandagale in person present.
Adv. Mohit Darji h/f Adv. O.R. Tiwari for plaintiff present.
None present for the defendants.
F.R.S.R. following order passed on Notice of motion no. 4579/19
ORDER
1. The Notice of Motion no. 4579 of 2019 is partly allowed.
2. Defendant nos. 1 to 3, their servants, agents or any one on their behalf are hereby temporarily restrained from ousting the plaintiff from the suit property till final disposal of this suit.
3. Defendant nos. 1 to 3 are hereby further temporarily restrained from parting with the possession of the suit property in favour of third person till final disposal of this suit.
4. Defendant nos. 1 to 3 Are hereby further restrained from creating any third party interest in the suit property till final disposal of this suit.
5. Rest of the prayers in the Notice of Motion are rejected.
6. Cost of this Notice of Motion will follow in main cause.
7. Notice of Motion no. 4579 of 2019 is disposed of accordingly.
Matter is adjd. to 20-06-2022
Next Purpose: NM ORDERS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Son of plaintiff present.
Adv. Trivedi for SRA present.
Adv. Pathak h/f Adv. Subhedar for MMRDA present.
Matter is adjd.to to 04-08-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv.Mohit Darji for plaintiff is present and seeking time for filling evidence. Time is granted.
None for defendant.
Matter is adjd. to 26.09.2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv.Darji for plaintiff present and seeking time to recording evidence as plaintiff is not keeping well. Time granted.
Adv. Pathak h/f Adv. Subhedar for MMRDA/Deft. present.
Adv. Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 09.01.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Mohit Darji for plaintiff present and requested to keep back the matter for filing evidence.
Adv. Subhedar for defendant nos. 4 and 5 /MMRDA present.
KB
LO at 11.55 am
CA of plaintiff present and filed affidavit of evidence. Contents of the affidavit of evidence are true and correct. Hence, TOR. It is marked at Exh.7 and he also filed list of documents. TOR. It is marked at Exh.8. Copy of affidavit of evidence and list of documents supplied to other party.
Matter is adjourned to 27.02.2023 for Admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Son of plaintiff is present.
Adv.Subhedar for defendant Nos.4 and 5 is present and submitted that the plaintiff has not properly numbered the pages on the documents. Hence, she is unable to file her reply. Therefore, the plaintiff is directed to number the pages on the document.
Defendant Nos. 1 to 3 absent. Hence, no say order passed against defendant Nos.1 to 3.
Matter is adjourned to 12.04.2023 for Admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: PW-1 present.
Adv. Mohit Darji for plaintiff present.
Adv. Subhedar for defendant Nos 4 and 5/MMRDA present and filed say on admission denial.
Matter is adjourned to 21.06.2023 for Marking documents/Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: dv. Mr. Mohit Darji for the plaintiff is present.
Adv. Ms. Subhedar for defendant Nos. 4 an 5/MMRDA is present.
PW-1 is present.
Heard ld. advocates for both the parties on exhibiting documents filed at list of documents at exhibit 08. The documents filed along-with list of documents are exhibited as under. Documents at Sr. Nos. 2 to 6, 8, 9, 13 to 21 are original documents and marked as exhibits. So far as documents at Sr. Nos. 15 is concerned only letter issued by Electricity Board is marked as exhibit. Rest of documents attached to the letter are not exhibited.
Death Certificate of deceased mother of plaintiff Smt. Shewantabai Yeshwant Gawale. It is marked at Exh.09.
Ration of deceased mother. It is marked at Exh.10.
Electricity Bills issued by MSEDL in the name of deceased mother. It is marked at Exh. 11. Colly
Allotment letter dtd. 15.07.2005. It is marked at Exh. 12.
Two bank passbook of Abhyudaya Co-op Bank Ltd and One bank Passbook issued by Dena Bank. It is marked at Exh. 13. Colly.
Notice dtd. 29.01.2015 addressed to new Amrapali Co-op Housing Society Ltd on behalf of plaintiff. It is marked at Exh. 14.
Notice dtd. 25.08.2015 addressed to new Amrapali Co-op Housing Society Ltd and MSEDL making complaint of change of name on Electricity Bill. It is marked at Exh. 15. Colly.
Copy of Nomination form given by deceased mother of plaintiff to plaintiff. It is marked at Exh. 16.
Copy of letter dtd. 28.08.2015 given by plaintiff to MSEDL. It is marked at Exh. 17.
Reply dtd. 01.09.2015 given by MSEDL to plaintiff along with Annexures. It is marked at Exh. 18.
Slip of N.C. Complaint No. 2316 dtd. 01.10.2016 lodged by plaintiff at Vikhroli Police Station. It is marked at Exh. 19.
Plaintiff’s advocate letter dtd. 19.09.2017 addressed to defendants. It is marked at Exh. 20.
Copy of letter dtd. 26.09.2017 given by Vikroli Parksite police station to plaintiff. It is marked at Exh. 21.
Reply of defendant No. 1 to 3 advocate dtd. 23.12.2017. It is marked at Exh. 22.
Plaintiff’s advocate rejoinder dtd. 29.12.2017. Marked at Exh. 23.
Plaintiff’s advocate letter dtd. 29.12.2017 addressed to defendant Nos. 4 and 5. It is marked at Exh. 24.
Adv. for the plaintiff also filed list of documents (Exh. 25) along-with original Irrevocable General Power of Attorney. (Exh.26) Which is original documents and hence it be marked as exhibit.
Adjourned for R/E to 19.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Adv. Mr. Mohit Darji for the plaintiff is present.
None present for the defendant.
Advocate for the plaintiff seeks time to produce documents. Time is granted.
Matter is adjourned to 19.08.2023 for R/E.
LO at 01:15 pm.
Adv. Ms. Subhedar for defendant Nos. 4 and 5/MMRDA is present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for the plaintiff.
Adv. Ms. Subhedar for defendant Nos. 4 and 5/MMRDA is present.
KB LO at 11:50 am.
Adv. Mr. Mohit Darji for the plaintiff is present and filed the application for production of documents and exhibiting of documents. TOR. It is marked at Exh. 27.
O- Heard ld. advocate for the plaintiff. Production of documents is allowed. So far as exhibiting of documents is concerned, it is submitted that document at Sr. No. 1 are obtained from Electricity Board and it bears their stamp and signature and document at Sr. No. 2 are true copies of documents submitted by defendant No. 2 to the Society and plaintiff has obtained those documents from society and it bears stamp of society. Therefore, documents be exhibited. Considering the submission documents at Sr. Nos. 1 (page No. 1 to 7) and Sr. No. 2 (page No. 8 to 31) are exhibited subject to their proof. It is marked at Exhibit Nos. 28 and 29 respectively.
Matter is adjourned to 18.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: CA of plaintiff (PW-1) is present.
Adv. Mr. Mohit Darji for the plaintiff is present.
None present for the defendant.
Matter is adjourned to 15.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: CA of plaintiff is present.
Adv. Ms. Subhedar for defendant/MMRDA is present.
CA of plaintiff submitted that today his advocate is not available and prayed for adjournment. On his request, matter is adjourned.
Matter is adjourned to 29.02.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Adv. Mr.Rahul Gupta i/b Adv. O.R.Tiwari for the plaintiff is present.
None for defendant.
Adv. for plaintiff sought adjournment by submitting that palintiff is not well and is unable to attend the court.
Matter is adjourned to 07.05.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Date: 08-07-2024
Date: 16-08-2024
Date: 25-09-2024
Date: 11-11-2024
Date: 18-12-2024
Date: 21-01-2025
Date: 15-02-2025
Date: 07-03-2025
Business: Adv. Mohit Darji h/f Adv. O. R. Tiwari present for plaintiff and filed written notes of arguments. t.o.r marked as Exh. 31.
Copy served to the other side i.e. defendant no. 4 and 5.
Advocate Subhedar for defendant 4 and 5/MMRDA present.
Adv. for defendant no. 4 and 5 seeks time for argument. O- Time granted as last chance.
Matter is adjourned for final argument by defendant no. 4 and 5 to 28/03/25.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2025
Date: 28-03-2025
Business: Adv. Mohit Darji present for plaintiff present.
None present for defendant Nos. 4 and 5
Defendant Nos. 4 and 5 failed to argue the matter. Hence, matter proceeded without final argument of defendant Nos. 4 and 5
Matter is adjourned to 25.04.2025 for Citation, if any/Judgment.
Later on at 12.14 pm.
Advocate Subhedar for defendant no. 4 and 5/MMRDA present.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: CA of plaintiff present.
Adv. Mohit Darji present for plaintiff.
KB LO at 12.16 pm.
Advocate Subhedar for defendant/MMRDA present.
Heard argument by ld adv. for plaintiff and defendants.
Matter is adjourned to 07/05/25 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 07-05-2025
Date: 07-05-2025
Business: CA of Plaintiff present.
Advocate Subhedar for defendant/MMRDA present.
Judgment is dictated in the open court.
F.R.S.R. Judgment is delivered and Suit no. 2237 of 2019 is Partly decreed with costs.
Nature Of Disposal: DECREED
Disposal Date: 07-05-2025
