Seeta Sadan CHS Ltd.VsMr. Sailesh Ramesh Jain +4 more

Date: 07-09-2019
Business: None present.
Matter is already adjd to 09/09/2019. Hence matter is adjd to 19/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Adv. Redekar for plaintiff
Adv.Nrupi Savla for defendant present. And she filed Vakalatnama.
Affidavit of service and joint affidavit of service filed by adv. Of plaintiff
KB
LOAdv. furiya  for defendant 1 and 2 present.
He filed vakalatnama. t.o.r. and marked as Exh. 2. He also filed reply to NM 3304/19. Copy given to other side.
Notice of motion has been served upon Defendant no 3 to 5 , but they did not appear. Matter is posted for direction and NM hearing.
Matter is adj. To 9.10.2019 for direction and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Harish Pawar for plaintiff present.
Rejoinder filed by plaintiff - t.o.r
Adv. Sakina Rangawala for defendant nos.3 to 5 present and
filed vakalatnama for defendant no.3 and 4 respectively - t.o.r and marked as Ex.3 and Ex.4
Copy of rejoinder is given to other side.
Adjd for NM hearing to 4.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: By preceipy,
Adv. Kantaini Gurav I/B M/s Shah and Furia associates for defendant no 1 to 5 present.
She tendered 3 draft NM t.o.r.
O- Leave granted to register to same
Already adjd to 4.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Surya for defendant present.
Defendant tendered three registered NM 3978/19, 3979/19 and 3980/19 t.o.r.
Copy given to other side.
Say filed by advocate for plaintiff on three notice of motions.
KB
Order passed below notice of motion No.3980 of 2019
       Perused notice of motion, affidavit in support of it and say of plaintiff.  Heard respective counsel for parties.
     Defendant Nos.1 and 2 have taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
        It is the contention of defendants that writ of summons was served upon them on 5th September, 2019.   Draft written statement was ready on 19th September, 2019 however certain information was required by them from defendant Nos.3 to 5 in respect to subject matter of the suit so same could not be filed within stipulated period.  Accordingly, they made prayer in above terms.
      Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
         Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant Nos.1 and 2 have annexed copy of written statement to be filed on record which shows that they affirmed it on 9th October, 2019.  Thus, it is clear that they do not want to delay the prosecution of matter.  Further, reason assigned by them is sufficient to condone the delay caused in filing of written statement.  More so, delay caused is not deliberate and inordinate.  Therefore, I am inclined to allow notice of motion in the interest of justice.  Hence, pass following order
ORDER
1.Notice of motion No.3980 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant Nos.1 and 2 are directed to file their written statement today itself.
3. Accordingly, notice of motion is disposed off.
Order passed below notice of motion No.3979 of 2019
Perused notice of motion, affidavit in support of it and say of plaintiff.  Heard respective counsel for parties.
Defendant Nos.3 and 4 have taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
It is the contention of defendants that writ of summons was served upon them on 24.08.2019. Suit premises was purchased in 2005 from defendant No.5 and they sold the same to defendant Nos.1 and 2 in 2012.  They were required to find the documents relating to suit premises since 2005 as well as documents which were handed over to them by defendant No.5 at the time of purchase of suit premises from him.  More so, defendant No.3 was also required to contact defendant No.1 and 2 so as to find out nature of suit.  It is further contended that written statement was finalized on 14.10.2019 and affirmed on 15.10.2019.  In above circumstances, they prayed in above terms.
Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.3 and 4 have annexed copy of written statement to be filed on record which shows that they affirmed it on 15th October, 2019.  Thus, it is clear that they do not want to delay the prosecution of matter.  Further, reason assigned by them is sufficient to condone the delay caused in filing of written statement.  More so, delay caused is not deliberate and inordinate.  Therefore, I am inclined to allow notice of motion in the interest of justice.  Hence, pass following order
ORDER
1.Notice of motion No.3979 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant Nos.3 and 4 are directed to file their written statement today itself.
3. Accordingly, notice of motion is disposed off.
Order passed below notice of motion No.3978 of 2019
Perused notice of motion, affidavit in support of it and say of plaintiff.  Heard respective counsel for parties.
Defendant No.5 has taken out present notice of motion to condone delay caused in filing written statement and to take the same on record.
It is the contention of defendant that writ of summons was served upon him on 23.08.2019. Suit premises was sold to defendant No.3 and 4 in 2005 by him. It was belonging to his father and was in possession, use and occupation of his father since 1959.  He was required to collect the documents almost 60 year old for filing his written statement.  He was also required to find out the papers available with him as he has already suit premises to defendant Nos.3 and 4.  It is further contended that written statement was finalized on 12.10.2019 and affirmed on 14.10.2019.  In above circumstances, he prayed in above terms.
Plaintiff society opposed the notice of motion on the count that no sufficient cause is shown to condone the delay. Accordingly, they prayed to dismiss the notice of motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendant No.5 has annexed copy of written statement to be filed on record which shows that he affirmed it on 14th October, 2019.  Thus, it is clear that he does not want to delay the prosecution of matter.  Further, reason assigned by him is sufficient to condone the delay caused in filing of written statement.  More so, delay caused is not deliberate and inordinate.  Therefore, I am inclined to allow notice of motion in the interest of justice.  Hence, pass following order
ORDER
1. Notice of motion No.3978 of 2019 is allowed and made absolute in terms of prayer clause (a).
2.Defendant No.5 is directed to file his written statement today itself.
3.  Accordingly, notice of motion is disposed off.
Exh.5 Written statement filed by defendant Nos.1 and 2
Exh.6 Written statement filed by defendant Nos.3 and 4
Exh.7 Written statement filed by defendant No.5
Copy be served upon plaintiffs.
Adjourned for NM hearing to 28.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
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LO
With consent of both parties matter is adjourned.
Adjourned to 2.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Nrupi Savla for defendants present.
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LO
Adv. Furia for defendant present.
With consent of both the parites adjourned for NM hearing to 18.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
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LO
Same appearance.
Partly heard advocate for plaintiff on NM No.3304 of 2019.
Adjourned for further hearing to 17.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Harish Pawar for plaintiff present.
Adv. Furia for defendant present.
He sought adjournment.
O- Short adjournment is granted.
Adjourned to 3.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020

Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv Harish Pawar for plff present.
Adv Gurav for deft present.
She seeks time for NM hearing.  Granted.
Matter stands Adj for NM hearing to 09/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv Pawar for plff present.
Adv Furiya for deft present.
Heard both parties on NM 3304/2019.
Matter stands Adj for NM order to 21/03/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for NM Order  to 27.03.2020
Next Purpose: NM  ORDERS
Next Hearing Date: 27-03-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for NM Order  to 27.03.2020
Next Purpose: NM  ORDERS
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Business: adjourned
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2020

Date: 27-03-2020
Business: adjourned
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 20-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 30-05-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lockdown
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Business: National Lockdown
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 23-07-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: None present.
Adjd. to 16.10.2020 for Order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-10-2020

Date: 08-10-2020
Business: None present.
Adjd. to 16.10.2020 for Order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: None present.
Matter stands Adj for NM Order to 26/10/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: P. O. is busy in newly assigned urgent matters.
Matter stands Adj for NM Order to 31/10/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Adv Harish Pawar for plff present.
Adv Furiya for deft present.
F. R. S. R. following order is passed -
Notice of motion no. 3304/2019 is dismissed and disposed of.
Matter stands Adj for draft issues to 22/12/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: None present.
Matter stands Adj for Draft Issues to 04/03/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv Nikhil Tapal for plff present.
Adv Kantaini Gurav for deft no. 1 to 5 present.
Both parties seeks time to file draft issues.
Matter stands Adj for Draft Issues to 26/04/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 23/11/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv Tiwari for plff present.
Adv Pooja Shah for deft no. 1 to 5 present.
Both parites are directed to file draft issues on next date.
Matter stands Adj for Draft Issues to 11/02/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: P. O. is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Harish Pawar for plaintiff present.
Adv.  Nidhi Shah  for defendant no. 1 to 5 present.
Heard both the advocates on the point of issues.
Issues Framed. Exh 8
Matter is adjd for recording evidence to 23/09/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: None for plaintiff.
Adv.  Heena Shah  for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for recording evidence to 02/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv. Harish Pawar for plaintiff present.
He seek time for R/E. Time granted.
Adv.  Romen Sanghoi for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for R/E to 17/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. Harish Pawar  for plaintiff present.
Adv.  Shubham Mishra for defendant present.
Both parties seek time for R/E. Time granted.
Matter adjourned for R/E to 26/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Charusila Gorad h/f Harish Pawar for plaintiff present.
She filed evidence affidavit Exh 9 along with list of document Exh. 10. Copy served on other side.
She also serve copy of notice to produces document.
Adv. Leena Shah  for defendant present.
Matter adjourned for admission denial to 31/07/2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Advocate Ms. Charushila Gorad h.f Advocate Harish Pawar for plaintiff present.
Advocate Mr. Shubham Mishra for defendant present and seeks time. O- Granted.
Matter adjourned for admission / denial on 13.09.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Advocate Mr. Harish Pawar for plaintiff present.
Defendant and advocate absent.
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LO at 12.30 P.M.
Advocate Ms. Leena Shah i/b Shah and Furia Associates for defendant present and seeks time. O- Granted.
Matter adjourned for admission / denial on 12.10.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: P. O. is on Leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Advocate Mr.Shivam Gawade for plaintiff present.
Advocate Mr. Dipen Furia i/b M/s. Shah and Furia Associates for defendants present and filed say to Exhibit-10 (Compilation of document filed by plaintiff.) Taken on record. Copy given to other side.
PW-1 absent.
Matter adjourned for Admission Denial on 31.01.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Advocate Mr. Harish Pawar for plaintiff present.
Advocate Ms. Leena Shah for defendant present.
Matter adjourned for Admission / Denial on 14.03.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: Defendant present.
Advocate Mr. Shubham Gawade h.f. Advocate Harish Pawar for plaintiff present.
Matter adjourned for Admission Denial on 03.05.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Advocate Mr. Harish Pawar for plaintiff present.
Advocate Mr. Shubham Mishra for defendant present.
By consent of both the parties, matter is adjourned.
Matter adjourned for Admission / Denial on 03.07.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Advocate Harish Pawar for plaintiff present.
Defendant present.
Advocate Mr. Mishra for defendant present.
Defendant is hereby directed to submit his say to the documents filed by the plaintiff, otherwise no reply order will be passed against him.
Matter is adjourned for Admission / Denial on 19.08.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Advocate Harish Pawar for plaintiff present.
Advocate Shubham Mishra i/b Shah and Furia Associates for defendants present and submitted that already he has submitted his say to the documents taken by the plaintiff long back.
Defendants seeks time. O- Granted.
Matter is adjourned for Admission / Denial on 21.10.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-10-2024

Date: 21-10-2024
Business: Advocate Shivam Gawade a/w Harish Pawar for plaintiff present.
Advocate Dipen Furia for defendant present.
The record shows that the subject matter of suit no. 2444/2017 and 2294/2019 are same. Therefore parties are directed to lead the common evidence in both the suits. Parties are hereby directed to take necessary steps to prove their documents.
Matter is adjourned for Admission / Denial on 27.01.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Advocate Shivam Gawade for plaintiff present.
Advocate Rinkle Patel for defendant present and seeks time. O- Granted.
Matter is adjourned for Admission / Denial on 18.03.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Advocate Harish Pawar for plaintiff present and seeks time. O- Granted.
Advocate Shubham Mishra i/b M/s. Shah and Furia associates for defendant present.
Matter is adjourned for Admission / Denial on 30.04.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Advocate Harish Pawar for plaintiff present and seeks time. O- Granted.
Advocate Mr. Dipen Furia a.w Shubham Mishra i/b M/s. Shah and Furia associates for defendants present.
Matter is adjourned for Admission / Denial on 30.07.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-07-2025

Date: 30-07-2025
Business: Advocate Harish Pawar for plaintiff is present.
Advocate Neha Sonar for defendants no. 1 and 2 is present.
None for other defendants.
Kept back
Later on at 12.20 P.M.
Advocate Harish Pawar for plaintiff is present.
Advocate Mr. Dipen Furia a.w Advocate Shubham Mishra a/w Advocate Neha Sonar i/b M/s. Shah and Furia associates for all the defendants is present.
It is seen from the roznama dated 04.12.2023 that, the defendants have filed their say to the documents of plaintiff at Exhibit-10. It is taken on record. But it is not exhibited. It is marked as Exhibit-11.
Heard arguments of both the sides on the documents of plaintiff at Exhibit-10.
By way of say at Exhibit-11, defendants have admitted the documents alongwith list Exhibit-10, at Serial nos. 2 to 4, 6, 8, 12,  14, 16, 17, 21 and 24. Hence these documents are taken on record and marked as Exhibit-12 to 22.
The documents a/w list at Exhibit-10 at serial nos. 2 to 4, 6, 8, 12, 14, 16, 17, 21 and 24 are exhibited as follows-
Serial no. 2 Certified copy of Lease Plan issued by concerned officer of MCGM under RTI by office of Estate Dept, MCGM  is marked as Exhibit-12.
Serial no. 3 Photo copy of share certificate No. 13 is marked as Exhibit-13.
Serial no. 4 Original Indenture of Assignment Deed dated 14.09.1968 entered between the said developers (1) Mr. Pitumal Sukharam Keshwani (2) G.P. Keshwani (3) Vishindas Bhagoomal and (4) Gomabai and the plaintiff society  is marked as Exhibit-14.
Serial no. 6 Latest assessment bill dated 01/10/2022 and two receipts dated 29/11/2022 towards payment made to MCGM, issued in the name of the Plaintiff society  is marked as Exhibit-15.
Serial no. 8 Photo copy of Sale Agreement dated 30.06.2005  is marked as Exhibit-16.
Serial no.12 Photo copy of Agreement for Sale dated 26.03.2012 is marked as Exhibit-17.
Serial no.14 Photo copy of letter dated 28.02.2014  is marked as Exhibit-18.
Serial no.16 Original office copy of the said Letter dated 13/10/2015  is marked as Exhibit-19.
Serial no.17 Original reply dated 23/10/2015  is marked as Exhibit-20.
Serial no.21 Original letter dated 21/12/2016 of Defendant Nos. 1 and 2 is marked as Exhibit-21.
Serial no.24 Original certified copy of the said order dated 07/09/2018 passed by this Honble Court is marked as Exhibit-22.
It is also seen by way of say of defendants at Exhibit-11 that they have also admitted the documents at serial no. 9, 15, 22 and 23. But they are denying the contents of those documents. Hence the documents at serial no. 9, 15, 22 and 23 are taken on record and be marked as Exhibits subject to objection of defendants.
The documents a/w list at Exhibit-10 at serial no. 9, 15, 22 and 23 are exhibited as follows-
Serial No.9 Original Letter dated 09/09/2006 is marked as Exhibit-23.
Serial No.15 Original office copy of reply dated 10/03/2014 alongwith original postal receipt of dispatch of the said letter is marked as Exhibit-24.
Serial No.22 Original office copy of the said letter dated 12/01/2017 along with original postal receipt is marked as Exhibit-25.
Serial No.23 Original office copy of the said letter dated 10/02/2017 is marked as Exhibit-26.
The document at serial no. 1 a/w list Exhibit-10 is the certified true copy of the resolution passed by plaintiff society. It is signed by the officer bearers of the society and it also bears its seal. Advocate of defendants has objection to take it on record in the absence of minutes and also on the ground that in the deposition and in the description, the document is described differently. Since this is the certified true copy of resolution passed by plaintiff society and PW-1 has deposed about it in his examination-in-chief, it is taken on record and marked as Exhibit-27.
The documents a/w list at Exhibit-10 at serial no. 1 are exhibited as follows-
Serial No.1 Original copy resolution in the meeting held on 26/07/2019 is marked as Exhibit-27.
The document at serial no. 5 is original notice issued by BMC to the Chairman of plaintiff society dated 06.07.2000. Advocate Pawar for plaintiff submits that, it is original and come from proper custody. Advocate Furia submits that, PW-1 is not the author of this document and therefore contents of this document cannot be proved. Moreover, PW-1 is not the addressee and he has not shown as to how he came into custody of this document.
Since the document is original and has come from proper custody, it is taken on record and marked as Exhibit-28 subject to objection of Advocate for defendants.
The documents a/w list at Exhibit-10 at serial no. 5 are exhibited as follows-
Serial No.5 Original notice dated 06/07/2000 of the MCGM addressed to the Chairman of the Plaintiff society  is marked as Exhibit-28.
The document at serial no. 7 is the letter written by one S.B. Motwani to the plaintiff society dated 27.09.2014. Though it is original, plaintiff has to take steps to prove it in accordance with law. Therefore this document is not exhibited.
The documents at serial no. 10 and 11 are xerox notarized copies. Therefore they are not taken on record.
The document at serial no. 13 is the certified copy of an order passed by the Assistant Registrar of Co-operative Societies, Mumbai in Suit No. 16/2012. Hence it is taken on record and marked as Exhibit-29.
The documents a/w list at Exhibit-10 at serial no. 13 are exhibited as follows-
Serial No.13 Original certified copy of the said order dated 30/04/2013 in the Appeal No. 16 of 2012 under section 23 of Maharashtra Co-operative Societies Act, 1960 before the Assistant Registrar Co-operative Societies is marked as Exhibit-29.
The documents at serial no. 18 to 20 are xerox copies. Hence those are not taken on record.
The document at serial no. 25 is the true copy of minutes of Managing Committee Meeting of plaintiff society dated 26.07.2019.
Advocate of defendants has objection to take it on record in the absence of minutes and it is not certified copy but it is a typed copy and also on the ground that in the deposition and in the description, the document is described differently.
Since this is the certified true copy of Managing Committee Meeting of plaintiff society dated 26.07.2019 and PW-1 has deposed about it in his examination-in-chief in para no. 43,  it is taken on record and marked as Exhibit-30.
The documents a/w list at Exhibit-10 at serial no. 25 are exhibited as follows-
Serial No.25 Original copy of resolution dated 26/07/2019  is marked as Exhibit-30.
Advocate Mr. Harish Pawar for plaintiff seeks time for production of some more documents and further examination in chief.
Matter adjourned to 18.09.2025 for further evidence of plaintiff (Recording Evidence).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: Court is on Vacant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: Advocate Yogesh Pawaskar h.f. Advocate Harish Pawar for plaintiff is present.
Advocate Dipen Furia for defendant is present.
Court is busy in dictating judgment in Suit no. 2944 of 2011, hence todays board is discharged.
Matter adjourned to 17.12.2025 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: Advocate Harish Pawar for plaintiff is present.
Kept back
Later on at 12.40 P.M.
Advocate Harish Pawar for plaintiff is present.
Advocate Dipen Furia i/b M/s. Shah and Furia Associates for defendants is present.
PW-1 in person is present.
He tendered original minutes book dated 09.11.2006 of the plaintiff society.
PW-1 has tendered notarised copy of minutes of meeting of managing committee dated 09.11.2006 below sr. no. 10 at list Exhibit-10. Now, the photocopy of said minutes is compared with the original and found to be correct. Hence, it be read into evidence be marked as Exhibit-31. The witness is directed to present the original minutes book before the Court as and when directed so also during his cross-examination, for the inspection of the defendant.
PW-1 has also tendered notarised copy of minutes of meeting of managing committee dated 24.07.2007 below sr. no. 11 at list Exhibit-11. Now, the photocopy of said minutes is compared with the original and found to be correct. Hence, it be read into evidence be marked as Exhibit-32. The witness is directed to present the original minutes book before the Court as and when directed so also during his cross-examination, for the inspection of the defendant.
Matter adjourned to 03.02.2026 for Recording Evidence P.H..
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Advocate Sonal Bhor h.f. Advocate Harish Pawar for plaintiff is present.
Advocate Shubham Mishra i/b Shah and Furia Associates for defendant is present. He seeks time. O- Granted.
Matter adjourned to 11.03.2026 for Recording Evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: P.O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Advocate Sonal Bhor h.f Harish Pawar for plaintiff is present.
Advocate Neha Sonar for defendant is present.
Witness absent.
Matter adjourned to 21.07.2026 for Recording Evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-07-2026

Date: 21-07-2026
Business: Advocate Harish Pawar for plaintiff is present.
Advocate Rahil Karia i/b Shah and Furia Associates for defendant is present.
Matter adjourned to 11.08.2026 for Recording Evidence P.H..
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: Advocate Shraddha Yadav i/b Harish Pawar for plaintiff is present.
Advocate Dipen Furia a/w Shubham Mishra i/b Shah and Furia Associates for defendant is present.
Documents in connected suit no. 2444/2017 are yet to be exhibited.
Matter adjourned to 10.09.2026 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Advocate Sonal Bhor h/f Harish Pawar for plaintiff present.
Advocate Mitali Sagattia i/b Shah Puria for defendant is present.
Case is for defendants evidence. Defendant seeks time.
Matter adjourned to 07.10.2026 for evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-10-2026

NOTICE OF MOTION/103304/2019
NOTICE OF MOTION/103980/2019
NOTICE OF MOTION/103978/2019
NOTICE OF MOTION/103979/2019

Filing Number: 108709/2019
Filing Date: 05-08-2019
First Hearing Date: 07th September 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE