Yogesh RoyVsKiran Roy

Date: 14-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Chedda for plaintiff present.
Adv.for defendant absent.
KB.
LO.
Adv. for defendant present.
Advocate for defendant tender memo of appearance pursis - Seen.
Advocate for plaintiff tender draft notice of motion @ affidavit - Leave is granted to register.
Plaintiff is directed to register draft notice of motion within 3 days.
Matter adjd to 25.03.2020  for affidavit in service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2020

Date: 25-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: None for plaintiff.
Adv Pravin Khilare for defendant.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
He filed vakalatnama Exh- 5  for defendant
and Written Statement Exh-6 tor
As per office order 64/2021
Adjd to 07-09-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None present for the plaintiff.
Adv Ravindra Khilare present for the defendant.
Plaintiff not filed register NM.
KB
LO
Lrd adv for the plaintiff took out a NM on 14.11.2019. This Court directed him to register the same within 3 days. Lrd advocate for the defendant is present and submits that even the notice is not served to the defendant. Hence, suit to proceed further as NM is not filed.
Matter is adjd to 18.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2021

Date: 07-09-2021
Business: None present for the plaintiff.
Adv Ravindra Khilare present for the defendant.
Plaintiff not filed register NM.
KB
LO
Lrd adv for the plaintiff took out a NM on 14.11.2019. This Court directed him to register the same within 3 days. Lrd advocate for the defendant is present and submits that even the notice is not served to the defendant. Hence, suit to proceed further as NM is not filed.
Matter is adjd to 18.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: Advocate Mehul Shah for plaintiff.
He filed Vakalatnama for plaintiff T.O.R.
As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to  29-03-2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None for plaintiff.
Advocate Mr. Sharama for defendant present.
Roznama disclosed that the plaintiff has taken leave to register NM, but till today he has not served copy to other side and also failed to tendered register NM on record. Therefore, the NM no. 4252/2019 stands disposed of.
Matter is adjd.  for tendering SJ to 27-06-2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Chaitali Jadhav for Plaintiff present and filed registered N.M. alongwith affidavit which is already dismissed on 29/03/2022.
Adv. Khilari	for defendant present.
Adjd to 07/09/2022 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Matter pertains to C.R.No.15
By Praecipe
Adv. Jaitali Jadhav for plaintiff present.
None present for defendant.
Exh.07 - Application for taking matter on today\''s board. O-Allowed.
Draft Notice of Motion alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Notice of Motion.
Matter Adjd for tendering original registered NM on   10/11/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv.Vrushali Parab present for plaintiff, tendered register NM No.3440/22 TOR.
None present for defendant.
Matter stands adjourned for service affidavit/NM reply on 03-10-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv.Chaitali Jadhav present for plaintiff, tendered original registered NM No. 3508/23.
Adv.Vineet Mohite present for defendant.
Matter stands adjourned for NM reply on 06-11-2023.
Next Purpose: REPLY
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: P. O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: By praecipe.
Adv. Mehul Shah a/w Chaitali Jadhav present for plaintiff.
Adv.Vineet Vaidya present for defendant.
Seeking ad-interim order in NM No.3508/23 claiming that the defendant has raised the construction encroaching terrace area of the flat therefore the society has directed to remove the same or to pay charges/penalty of Rs.1000/- per day from 01-02-2023, if the structure is not removed before 01-01-2024. It is further contended that the flat originally belongs to father. The plaintiff and defendant are brothers residing in the flat and society has addressed notice to both plaintiff and defendant. It is the apprehension of plaintiff that he may also be required to pay the penalty charged by the society. The counsel of defendant seeking time. It is made clear that whosever has raised construction against the rules of society will be responsible. Considering the request of counsel of defendant, time is granted.
Matter is already stands adjourned to 16-01-2024.
Next Purpose: REPLY
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Adv. Vrushali Parab present for plaintiff.
Adv.Vineet Vaidya present for defendant, tendered reply to the Notice of Motion No.3508/23 TOR.
Matter stands adjourned for NM hearing on 21-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Adv. Vrushali Parab present for plaintiff. Seeking time. Time is granted.
Adv. P.D. Gandhi present for defendant.
Matter stands adjourned for Notice of Motion hearing
on 18-03-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv.Chaitali Jadhav present for plaintiff, tendered rejoinder to the Notice of Motion No.3508/23.
Copy supplied to the other side.
Adv.Vinit Vaidya  for defendant.
Matter stands adjourned for Notice of Motion hearing on 19-04-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Adv.Chaitali Jadhav present for plaintiff.
Adv.Arunima Kumari present for defendant.
Matter stands adjourned for Notice of Motion hearing
on 14-06-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Adv.Chaitali Jadhav present for plaintiff. Seeking time. Time is granted.
Adv.Vinit Vaidya present for defendant.
Matter stands adjourned for Notice of Motion hearing
on 07-08-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Adv. Mehul Shah present for plaintiff.
Adv. P.D. Gandhi a/w Munir Merchant a/w Mr. Javed Dhorajiwala and Mr. Vinit Vaidya i/b M2M Legal LLP present for defendant, tendered list alongwith documents to Notice of Motion TOR.
Heard the counsel of defendant on Notice of Motion No.3508/23.
Put up for argument of plaintiff on Notice of Motion No.3508/23.
Matter stands adjourned for Notice of Motion hearing on
20-09-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: None present for plaintiff.
Defendant alongwith Adv. M.M. Merchant present.
Plaintiff failed to proceed with the Notice of Motion No.3508/23, hence put up for Notice of Motion No.3508/23 dismissal on next date.
Matter stands adjourned for Notice of Motion No.3508/23
on dismissal on 16-10-2024 at 2.45 pm.
L.O. at 3.20 pm
Adv. Chaitali Jadhav present for plaintiff.
Matter is already adjourned for Notice of Motion No.3508/23
on dismissal on 16-10-2024 at 2.45 pm.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Chaitali Jadhav present for plaintiff, tendered addition affidavit to Notice of Motion No.3508/23 TOR.
Adv. P. D. Gandhi present  for defendant.
Heard both sides.
Matter stands adjourned to 27.11.2024 for Notice of Motion
Hearing (P.H.).
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: Adv. Harvinder Kaur present  for plaintiff.
Defendant alongwith Adv. Vinit Vaidya present.
Heard both sides.
F.R.S.R. following order is passed on Notice of Motion No.3508/23-
ORDER
1.Notice of Motion No.3508 of 2023 in S. C. Suit No.2746 of 2019, is hereby dismissed.
2.Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for Notice of Motion hearing on
22-01-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2025

Date: 02-07-2025
Business: None present for plaintiff.
Adv. Vinit Vaidya present for defendant.
Kept back.
Later on at 12.25 pm.
Adv. Vrushali Parab present for plaintiff.
Adv. Vinit Vaidya present for defendant.
Heard the argument of plaintiff and defendant.
Matter stands adjourned to 02-09-2025 for Notice of Motion order.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Purva Ravrane i/b Adv. Mehul Shah present for plaintiff.
None for defendant.
kept back
later on at 3.45 p.m.
Adv. Vinit Vaidya i/b MZM Legal present for defendant present.
FRSR following order is passed on Notice of Motion No.3015/24
                                            O R D E R
1.Notice of motion No.3440 of 2022 is allowed subject to costs of Rs.3000/- (Rupees Three Thousand only).
2.On payment of costs, original notice of motion No.4252 of 2019 be restored.
3. Plaintiff is also directed to serve copy of original notice of motion No.4252 of 2019 on the defendant.
4.Notice of motion No.3440 of 2022 is disposed of accordingly.
(Dictated and pronounced in open Court)
Matter stands adjourned to 28.10.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: P. O . is on Leave. Matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: Adv.  Runali Machivale i/b Mehul Shah present for plaintiff.
Adv. Vinit Vaidya present for defendant.
kept back.
Later on at 1.45 pm
Adv. Runali Machivale i/b Mehul Shah present for plaintiff, tendered extension application to comply the order dated 02-09-2025 TOR marked as Exh.09. O- allowed.
Costs is paid.
Adv. Vinit Vaidya present for defendant.
Copy of Notice of Motion is served upon other side.
Matter stands adjourned to  29-01-2026 for Notice of Motion
reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Adv. Runali Machivale present for plaintiff.
Adv. Vinit Vaidya for defendant, tendered reply to Notice of Motion No.4252/19.
Matter stands adjourned to 23-03-2026  for Notice of Motion
 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Parties are absent.
Adv. Naman Rawal for plaintiff.
Adv. Vinit Vaidya for defendant.
This is 2.17 PM hence, matter is adjourned due to paucity of time.
Matter stands adjourned to 07-04-2026 for Notice of Motion
hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2026

Date: 07-04-2026
Business: As the court is busy in hearing argument in Suit No. 6480/03 hence, rest of the board stands discharged.
Matter stands adjourned to 15-07-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: As the court is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/103508/2023
NOTICE OF MOTION/103440/2022
NOTICE OF MOTION/104252/2019

Registration Number: 102746/2019
Transfer Date: 13-03-2020
From Court: 32 -
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 102746/2019
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 102746/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 102746/2019
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Filing Number: 109287/2019
Filing Date: 22-08-2019
First Hearing Date: 14th November 2019
Court Number And Judge: 85-COURT NO 85 ADDL SESSIONS JUDGE