Arun Bhikaji ChavanVsPrakash Bhikaji Chavan +5 more

Date: 11-09-2019
Business: Adv. Nalawade for the Plaintiff present.
Defendant nos.1 to 3 in person present and they have requested four weeks time to file their reply and WS.
Adv. Vinayak Tare h/f Mangal Kadam for Defendant no. 6 present.
 Draft N/M alongwith affidavit in support taken out by the Plaintiff.  t.o.r. Leave granted to register
Issue fresh writ of summons to Defendant nos. 4 and 5 . through bailiff of sheriff office.
Matter is adjd. to 9.10.2019 for proof of service of writ of summons and N/M to Defendant no. 4 and 5/ reply and WS by Defendant nos. 1 to 3 and 6.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Mr. Nalawade for the Plaintiff present.
Adv. Paranjpe for Defendant-1 present and he undertakes to file Vakalatnama on next date.
Adv. Ms. Mangal Kadam for MHADA/deft-6 present.
Original registered N/M No. 3405/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Original writ of summons tendered by the Plaintiff. t.o.r.
Adv for Defendant-1 seeks extension of time to file the Written Statement. Time is extended as a last chance.
Matter is adjd. to 18.11.2019 for passing exparte against Defendant no. 2 to 5/ reply to N/M/ WS by Defendant-1 and 6.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Court is busy in hearing urgent matter. Hence board is discharted.
Matter adjd for Service to 02.12.2019
Next Purpose: SERVICE
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv.Nalavade for plaintiff is present.
Adv. Mangal Kadam for defendant no. 6 is present.
Adv. Atul Gupta alongwith Adv. S.K. Paranjape for  defendant no. 1 to 3 is present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Vakalatnama of adv. Atul Gupta for defendant no. 1 to 3.
He also tendered written statement. On perusal of record it is noticed that on 9.10.2019 defendant no. 1 was granted extension to file W/S as a last chance. On 18.11.2019 defendant nos. 1 to 3 have not tendered W/s. Therefore, defendant no. 1 to 3 are directed to take proper steps for tendering W.S.
Matter adj for step by defendant no.1 to 3 / Orders                to 05/12/2019
Next Purpose: ORDER
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Nalavde for the Plaintiff is present.
Adv. Atul Gupta for Defendant no. 1 to 3 is present. He tendered draft NM A/W affidavit in support. Copy is served to plaintiff. Leave to register  is grated.
Matter is adjd. for NM reply to 16/12/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Nalawade for Plaintiff is present.
Adv. Atul Gupta for defendant no. 1 to 3 is present. He tendered Original registered N/M No. 136/2020 alongwith affidavit in support. t.o.r.
Matter is adjd.  for N/M reply  to  23/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Court is on  leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: None for plaintiff.
Adv. Mr.  Atul Gupta for the defendants no.1 to 3.
Matter is adjd. to 24/02/2021 for proof of service of notice.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv Nalawade present for the plaintiff.
Adv C.K.Mhatre h/f Adv Atul Gupta present of the defendant no.1 to 3.
Defendant no. 1 is present.
Adv Mangal Kadam for defendant no.6
Affidavit of service of notice filed by defendant no.1 TOR
Say filed by adv for the plaintiff on the NM.
Heard arguments.
F.R.S.R. following N/M order is passed.
ORDER
1. Notice of Motion No.136 of 2020 is made absolute in terms of prayer clause (a) subject to costs of Rs.200/- which shall be paid to the plaintiff.
2. Notice of Motion No.136 of 2020 is accordingly disposed of.
Matter is adjd to 21.04.2021 for payment of cost.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19, matter is adjd. to
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Mr. Nalawade for plaintiff present.
Adv. Mhatre for defendants No.1 to 3 present.
Adv. Mangal Kadam for defendant No.6 present.
The plaintiff has received costs as per order in NM NO.136/2020. Therefore, WS of defendants No.1 to 3 taken on record and marked as Exh.5.
Defendant No.6 has failed to file WS. Hence, the suit to proceed without WS against defendant No.6.
Defendants No1. to 3 sought time for filing NM reply.
Matter is adjd. to 27/01/2022 for service proof against defendants No.4 and 5/ NM No.3405/2019 reply.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 23.03.2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None present  for plaintiff.
Adv. s. k. paranjape present for defendant 01, 02 and 03  and tendered pursis for treating WS of defendant no. 01 to 03 to nm no. 3405/2019. t.o.r. marked as Exh.  06.
Adv. Mangal kadam present for other deff. 06/MHADA.
Matter adjourned for service of writt of summons/proof to def.no. 04  and 05to 07/06/22.
l.o. at 02.45 pm.
Adv. Rupesh Nalavade present for plaintiff and tendered affidavit of service upon def. no. 05. t.o.r.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. R. V. Nalavade present for plaintiff.
Adv. C. K. Mhatre hf adv. Gupta present for defendant 01, 02 and 03.
Adv. Mangal Kadam present for defendant 06/MHADA and sought adjournment to file reply to the nm.
None present for other defendant 04 and 05.
Matter adjourned for reply to the nm/order to 18/07/22.
Next Purpose: REPLY
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Rupesh Nalawade present for plaintiff.
Adv. C. K. Mhatre present for defendant 01 to. 03 .
Adv. Mangal Kadam present for defendant 06/MHADA and submitted that, defendant no 06 don\''t want to file reply. Hence, notice of motion no. 3405/2019 be proceeded without reply of defendant no. 06.
None present for other defendants.
It appears that, inspite of service, defendant no. 04 an 05 failed to file reply to the notice of motion no. 3405/19 hence notice of motion no. 3405/2019 be proceeded without reply of defendant no. 04 and 05.
Matter adjourned for rejoinder and nm hearing to 10/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. R. V. Nalavade present for plaintiff and submitted that, he don\''t want to file rejoinder.
Adv. C. K. Mhatre Hf atul gupta present for defendant 01 to 03 and sought adjournment.
None present for other defendants.
Matter adjourned for nm hearing to 13/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. R. B. Nalawade present for plaintiff and sought adjournment.
Adv. S. K. Paranjape hf adv. Akhil Gupta present for defendant 01 to 03.
Adv. Mangal Kadam present for defendants 06/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 10/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Nalavade present for plaintiff and sought adjournment.
Adv. S. K. paranjape present for defendant 01, 02 to 03.
Adv. Mangal Kadam present for defendant 06/MHADA.
Matter adjourned for nm hearing to 21/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None present for plaintiff.
Adv. S. K. Paranjape present for defendant 01, 02 and 03.
Adv. Mangal Kadam present for defendant 06/MHADA.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing/nm dismissal order to 20/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Nalavde present for plaintiff and sought adjournment for taking  steps.
Adv. Mangal Kadam present for defendant 06/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 06/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Plaintiff in person present.
Adv. absent for plaintiff.
Adv. C. K. Mhatre present for defendant no. 01 to 03.
Adv. Mangal Kadam present for defendant no. 06/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 20/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv. Rupesh Nalavde present for plaintiff.
Adv. C. K. Mhatre hf adv. Gupta present for defendant no. 01 to 03 and sought adjournment.
Adv. Mangal Kadam present for defendant no. 06/MHADA.
None present for other defendants.
Matter adjourned for nm hearing as a last chance to 18/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Nalavade present for plaintiff.
Adv. C. K. Mhate present for defendant no. 1 to 3 and sought adjournment.
Adv. Mangal Kadam present for defendant no. 6/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 15/06/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Adv. Nalawade present for plaintiff.
Adv. Mangal Kadam present for defendant No.6/MHADA.
On oral request of advocate for plaintiff.
Matter adjourned for NM Hearing to 19.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Adv. Nalawade present for plaintiff.
Adv. Redekar for defendant Nos. 1 to 3 present.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for NM Hearing to 28.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv. Nalawade present for plaintiff.
Adv. S.K. Paranjpe for defendant Nos. 1 to 3 present.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for NM Hearing to 05/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. Nalawade present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Matter adjourned for NM Hearing to 06.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Adv. Nalawade present for plaintiff.
Adv. Mangal Kadam present for defendant/MHADA.
Adv. Paranjape present for defendant Nos.1 to 3.
Matter adjourned for NM Hearing to 05.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Adv. Nalawade present for plaintiff.
Adv. Mangal Kadam present for defendant No.6/MHADA.
Matter adjourned for NM Hearing to 23.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv. Nalawade present for plaintiff. He prayed for an adjournment. He submits that his notice of motion is infructuous but he want to take some instruction from his client. Adjournment is granted.
Adv. S.K. Paranjape Present for defendant Nos.1 to 3.
Adv. Mangal Kadam present for defendant No.6/MHADA.
Matter adjourned for NM Hearing to 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Nalawade present for plaintiff.
Adv. S. K. Paranjape present for defendant Nos.1 to 3.
Adv. Mangal Kadam present for defendant No.6/MHADA. She submitted that defendant No.6/MHADA will not file written statement. Hence, matter shall proceed without written statement of defendant No.6/MHADA.
Advocate for plaintiff not pressed notice of motion No.3405/2019 (endorsed on last page of affidavit). Therefore notice of motion No.3405/2019 stands disposed of.
Defendant Nos.4 and 5 were served with writ of summons on 01.10.2019. They failed to appear, matter shall proceed ex-parte against them.
Matter adjourned for Draft Issue to 22.07.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Adv. Nalawade present for plaintiff.
Adv. Mangal Kadam present for defendant No.6/MHADA.
Exh.    - Issues are framed.
Matter adjourned for Recording Evidence to 13.09.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Adv. R. B. Nalawade present for plaintiff. He prays for an adjournment.
None present for defendant No.6/MHADA.
Matter adjourned for Recording Evidence to 08.10.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Plaintiff present.
Adv. R. B. Nalawade present for plaintiff. He tendered affidavit of evidence and list of documents. Taken on record and marked as Exh.8 and Exh.9 respectively. Copy served on defendant Nos.1 to 3.
Adv. S. K. Paranjape for defendant Nos.1 to 3.
Matter adjourned for Admission and denial to 25.11.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-11-2024

Date: 25-11-2024
Business: Plaintiff present.
Adv. R. B. Nalawade present for plaintiff.
Adv. Mangal Kadam for defendant/MHADA present.
Matter adjourned for Admission and denial to 14.01.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Adv. R. B. Nalawade present for plaintiff.
Adv. Mangal Kadam for defendant No.6/MHADA present.
KB for some time
     Say filed by Ld. Adv. for defendant No.01 to 03 as well as by Ld. Adv. for MHADA overleaf on Exh.09. Both the Ld. Advocates have denied all the documents.
     Heard, Plaintiff as well as defendant on admission/denial of documents tendered by plaintiff at list Exh.09.
     So far as Document at Sr. No. 01 original rent receipt. Marked as Exh.10.
     So far as Document at Sr. No. 02 being certified copy of extract of voters list is marked as Exh.11.
     So far as Document at Sr. No. 03 not being original marking said document at this stage is refused.
   So far as Document at Sr. No. 04 being office copy of letter tendered at the office of MHADA and as it is admitted by MHADA defendant No. 6. Same is marked as Exh. 12.
     So far as Document at Sr. No. 05 being original communication and receipt of payment of fees (Page No. 07 and 8 only), same is marked as Exh.13 Colly. However documents annex with it being photo copies and denied by defendants, are not marked Exhibit at this stage.
     So far as Document at Sr. No. 06 is concerned it is legal notice along with postal acknowledgment and postal receipts. Same is marked as Exh.14 Colly. (Page No. 28 to 38).
     So far as Document at Sr. No. 07 is legal notice issued by plaintiff, along with its postal receipts and return envelops, Marked as Exh.15 Colly.
Matter adjourned for Cross-examination of PW1 to 18.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Adv. R. B. Nalawade for plaintiff present.
Adv. Mangal Kadam for defendant No.6/MHADA present.
None present for defendant Nos.1 to 3.
The matter is posted for cross examination of PW-1 by defendant Nos.1 to 3. However as none present for defendant Nos.1 to 3, matter adjourned as a last chance for cross examination of PW-1.
Matter adjourned for Cross-examination of PW1 to 29.04.2025.
Later on at 11.42 a.m.
Adv. S.K. Paranjape for defendant Nos.1 to 3 present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: Adv. R. B. Nalawade for plaintiff present.
Adv. S.K. Paranjape for defendant Nos.1 to 3 present.
Adv. Mangal Kadam for defendant No.6/MHADA present.
Court is busy hearing final argument in Suit No.3100/2019, Suit No.1852/2022 and Suit No.2844/2023.
Matter adjourned for Cross-examination of PW1 to 21.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Presiding Officer is on leave. Board is discharged. Hence, Matter adjourned for Cross-examination of PW1 to 15.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: None for plaintiff and defendants.
Last chance granted to plaintiff to lead oral evidence, on failure further order will be pass on next date.
Matter adjourned for Cross-examination of PW-1 to 17.11.2025.
Judge
Later on at 11.38 a.m.
Adv. S. K. Paranjape for defendant No.1 to 3 present.
Matter is already adjourned for Cross-examination of PW-1 to 17.11.2025.
Judge
Later on at 12.04 p.m.
Plaintiff present.
Matter is already adjourned for Cross-examination of PW-1 to 17.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: None present for plaintiff.
Adv. Jitendra Patel h/f. Adv. S. K. Paranjape for defendant No.1 to 3 present.
PW-1 absent.
Matter adjourned for Cross-examination of PW-1 to 12.01.2026.
Judge
Later on at 11.47 a.m.
Adv. Nalawade for plaintiff present.
PW-1 absent.
Matter is already adjourned for Cross-examination of PW-1 to 12.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: None present for plaintiff.
Adv. S. K. Paranjape for defendant No.1 to 3 present.
Matter adjourned for Cross-examination of PW-1 to 24.02.2026.
Judge
Later on at 11.46 a.m.
Plaintiff present.
Adv. Nalawade for plaintiff present.
Matter is already adjourned for Cross-examination of PW-1 to 24.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Adv. Nalawade for plaintiff present.
Adv. S. K. Paranjape for defendant No.1 to 3 present.
PW-1 present.
Photocopy of affidavit (document serial no.3) marked as Exh.16.
Cross examination of PW-1 is commenced and concluded.
Matter adjourned for further evidence of plaintiff to 16.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: Plaintiff present.
None present for defendant.
Matter adjourned for further evidence of plaintiff to 07.04.2026.
Judge
Later on at 11.37 a.m.
Adv. Amruta Kundap h/f. Adv. Kulkarni for defendant/MHADA present.
Matter is already adjourned for further evidence of plaintiff to 07.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: Court is on leave.
adjourned  to 16-06-2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2026

Date: 16-06-2026
Business: Adv. Nalawade for Plaintiff present.
Adv. Sanjeev Mishra h/f. Adv. Kulkarni for defendant/MHADA present.
Adv. Shrirang Paranjapte for defendant Nos.1,2 and 3 present.
Keep for closing evidence of plaintiff.
Matter adjourned for closing evidence order against plaintiff to 13.07.2026.
Next Purpose: ORDER
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: Adv. Nalawade for Plaintiff present and tendered evidence closing pursis. Taken on record and marked as Exh.17. O-Seen and filed.
Adv. Shrirang Paranjapte for defendant Nos.1,2 and 3 present.
Matter adjourned for evidence of defendants to 04.08.2026.
Next Purpose: ORDER
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: 04/08/2026
As per Office order No. 219 of 2026 dated 21-07-2026  Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from  02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned to
Next Purpose: ORDER
Next Hearing Date: 29-09-2026

NOTICE OF MOTION/100136/2020
NOTICE OF MOTION/103405/2019

Registration Number: 102311/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102311/2019
Transfer Date: 21-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 109161/2019
Filing Date: 19-08-2019
First Hearing Date: 11th September 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE