Sayani Mohammed Yahya Yusuf alias M.Y. SayaniVsGovind Vishwanath Naidu +4 more

Date: 19-09-2019
Business: Plaintiff in person present.
Adv. Ms. Kamdar for Defendant-1 and 2 present and she undertakes to file Vakalatnama on next date.
Adv. Kudalkar for Defendant no. 5 present.
Original registered N/M No.3354/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Original letter of request and original writ of summons tendered by the Plaintiff. t.o.r.
Defendant nos. 3 and 4 though duly served with writ of summons, failed to appear.
Matter is adjd. to 4.11.2019 for reply by Defendant nos. 1 2 and 5/ passing exparte order against Defendant nos. 3 and 4.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: The Court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Plaintiff in person present.
Plaint.
V.P. in plaint.
Memo of address in plaint.
Adv. Rukhsar Ansari for defendant 1 present, she filed V/P and reply to NM 3354/19. Copy of reply received by plaintiff.
defendant No. 3 and 4 duly served. They failed to appear. Therefore, Ex-parte order is passed against defendant No.3 and 4 .
Matter adj for  NM hearing to 09.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Court is busy in N/M hearing of suit no.554/2011, 1829/2013 and adinterim hearing in suit no. 389/2020, 390/2020, 391/2020, 392/2020 and 393/2020. Hence,  board is discharged.
Matter is adjd.  for N/M hearing  to 24/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 18/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: None for plaintiff.
Adv. Chandramore for defendant No.4.
Adv. Tikam h/f Adv. Kudalkar for the defendant No.5.
No steps have been taken by or on behalf of plaintiff  for NM hearing. Hence, NM No.3354/2019 is dismissed for want of prosecution.
Matter is adjd. to 15/06/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Plaintiff in person is present.
Adv. Chandramore for the defendant No.4 present.
On perusal of roznama dated 21/11/2019, it appears that  already ex-parte order is passed against  defendants  No.3 and 4. On perusal of roznama dated 19/09/2019, it appears that defendants No.1, 2 and 5  are already appeared on record. But, till today they have failed to file WS. Hence, the suit to proceed without WS against defendants No.1, 2 and 5.
Matter is adjd. to 28/09/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence,  board is discharged.
L.O.
Plaintiff in person present and filed affidavit of evidence and also filed list of documents. It is t.o.r. and marked as Exh.5 and 6.
Matter is adjd. to 04/12/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Defendant present.
KB
LO
None present.
Matter is adjd. to 15.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. To 09.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for Plff.
Adv. Suraj Almeda for Deft. Nos. 1 and 2 present and filed registered N/m 2836/21 along with affidavit. TOR
Adv. Hajare for Deft. No. 4/Corporation present.
Adv. Vaibhai Pawar h/f Adv. Kudalakar for Deft. No. 5 present.
Matter is adjd. to 27-04-2022 for service of N/m 2836/21 on Plff.
Next Purpose: SERVICE
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Sayani Mohammed Yahya Yusuf Plantiff in person present and filed reply to NM No. 2836/21. TOR
KB
LO at 3 PM
None present for the parties.
Matter is adjd. to 11-07-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv. Chandramore for BMC present.
None present for Plaintiff.
Defendant no.2 present.
Plaintiff is directed to supply the copy of reply to defendant.
Matter is  adjd.to 18.08.2022 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: As court is busy in hearing notice of motion bearing no. 2661/2021 in Suit No 1513/2022 hence discharged.
Matter is adjd. to 13.10.2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: None present for plaintiff
Adv. Jaydeep Raut for defendant Nos. 1 and 2 present.
Adv. Chandramore for defendant/BMC present.
Matter is adjd. to 19.11.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None present for plaintiff.
Defendant No. 1 is present.
Adv. Jaydip Raut for defendant no.1 and 2 is present and submitted that copy of reply is not provide to defendant. Therefore, the plaintiff is again directed to supply the copy of reply to defendant nos. 3 to 5, till next date.
Matter is adjd.12.01.2023 for Compliance.
LO at 4.35 pm
Plaintiff in person present and submitted that he will again supply the copy of reply to deft.nos. 1 and 2.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: By precipe.
Plaintiff in person present and filed application, TOR it is marked at -Exh.7 for return of documents filed alongwith list at Exh 6 for producing in another Court and also submitted that he will resubmit that documents as and when required.
Considering the reasons mentioned in the application at Exh.7, permission is granted to return the documents alongwith list at Exh.6 as per rule.
Matter is already adjourned to 12.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Govind Naydu plaintiff present in person.
Adv.Jaydeep Raut a/w Adv.Suraj Almeda for defendant no.1 and 2 is present.
Adv.Chandramore for defendant no.4/MCGM is present.
Matter is adjourned to 09.03.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Adv. D.H. Khatri I/b Adv. Sunita A. Poddar for plaintiff present.
Defendant, Mr. Govind Naidu is present and seeking time for Notice of Motion hearing as his advocate is not present.
Matter is adjourned to 27.04.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: None present for plaintiff.
Adv. Jaydeep Raut for defendant Nos. 1 and 2 present.
Adv. Priyanka Gaonkar h/f Adv. Kudalkar for Defendant no.5  /State present.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 20.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: The plaintiff is present in person.
Adv. Mr. Almeda for defendant Nos. 1 and 2  is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. Mr. Phatak h/f Adv. Kudalkar for defendant No. 5/ State is present.
The plaintiff in person submitted that his advocate is today not available and prayed for adjournment for hearing on NM.
Adjourned for NM hearing to 08.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: The plaintiff is present. His advocate is absent.
Adv. Mr. Suraj Almeda for defendant Nos. 1 and 2 is present.
Adv. Ms. Chandramore for defendant/BMC is present.
The Court is busy in hearing in NM No. 2844/2019 in SU 1074/2019. Hence, matter is adjourned.
Matter is adjourned to 29.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None present for the plaintiff.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Matter is adjourned to 08.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Mr. for the plaintiff is present.
Adv. Mr. Suraj Almeda for defendant Nos. 1 and 2 is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. for the plaintiff seeks time for hearing on NM. Time is granted.
Matter is adjourned to 07.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: None present for plaintiff.
Defendant no.1 is present.
Adv. Mrs.Chandramore for defendant no.4/BMC is present.
Adv.Darshan Jain h/f Adv. Kudalkar for defendant no.5/State is present.
Matter is adjourned to 24.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Adv. Mr. A.H.Khatri for the plaintiff is present.
Adv. Ms. Ruksar Ansari h/f Adv. Suraj Almeda defendant No.1 and 2 is present.
Adv. Mr. V.G.Shinde for defendant No.4/BMC is present.
Adv. Ms. Vaibhavi Pawar for defefendant No.5 is present.
Counsel for defendant no.1 and 2 seeks time for hearing on NM.
Matter is adjourned to 03.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. Mr.A.H.Khatri for the plaintiff is present.
Adv. Mrs. Priyanka Gaonkar h/f Adv. Kudalkar for defendant No.5/State is present.
It appear that the NM is pending for hearing since,08.08.2023 but defendant No.1 and 2 have not taken steps to argue the same.
Matter is adjourned to 02.08.2024 for NM Dismissal of defendant No.1 and 2.
LO at.3.35 pm.
Adv. Mr.Suraj Almeda for defendant no.1 and 2 is present.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: None for the plaintiff.
Adv. Mr.  for defendant No.1 and 2 is present.
Adv. Ms.T.A.Dhotre h/f Adv.Kudalkar for defendant no.5 is present.
Matter is adjourned to 14.10.2024 for NM Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: As the Court is on leave today. Hence board is discharged and  matter is adjourned to
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: As court is on leave matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: Adv. Khatri present for plaintiff.
Advocate Almeda for defendant no. 1 present.
Adv. Rahul Rathod for defendant no.4/BMC present.
Adv. T. A. Dhotre h/f Adv. Kudalkar for defendant no. 5/State present.
Heard argument by ld adv. for plaintiff and defendants on NM no. 2836/21.
Matter is adjourned to 25/02/25 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: As the Court is on leave. Board is discharged and the matter stands adjd. to
Next Purpose: NM  ORDERS
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: As the Court is on leave.  Hence, Board is discharged and matter stand adjd. to
Next Purpose: NM  ORDERS
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: Adv. K.H. Khatri present for plaintiff. And filed Case laws along with list.Advocate Rahul Rathod for defendant no. 4/BMC present.
Adv. T.A. Dhote h/f. Adv. Kudalkar for def.no.5/State present.
Matter is adjourned to 30.04.2025 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: None present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Def. no. 1 present.
Adv. T. A. Dhotre for defendant no. 5/State present.
Matter is adjourned to 11/06/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: As the Court is on leave today. Board is discharged. Matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Adv. Sujay Prabhoo present for plaintiff.
Defendant no. 1 present.
Advocate Rahul Rathod for defendant no. 4/BMC present.
Adv. T. A. Dhotre h/f Adv. Kudalkar  for defendant no. 5/State present.
Matter is adjourned to 18/08/25 for NM hearing.  (Afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: None present for plaintiff.
Adv.Dhotre h/f Adv. Kudalkar for defendant/state is present.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
Matter is adjourned to 09.10.2025 for NM for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: Adv. Sujay Prabhu i/b Khatri Loyal Venture present for plaintiff.
Adv. Almeda present for defendants.
Adv. Shital Waghmare h/f Advocate Rahul Rathod for defendant/BMC present.
As court is busy in dictating Judgment in Suit No.6715/2024 and Order on NM, Matter is adjourned to 08.12.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: Adv. A. H. Khatri present for plaintiff.
Adv. T. A. Dhotre h/f Adv. Kadam for defendant/State present.
Adv. Shital Waghmare for defendant/BMC present.
The Court is busy in hearing argument in Suit no.2352/2019, 483/2018, 2449/2021 and in Suit no.717/2024 hence, Matter is adjourned to 13.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Adv. A. H. Khatri present for plaintiff.
Adv. Yadav for defendant no.1 and 2 present.
Adv. Rahul Rathod for defendant no.4/BMC present.
Adv. Darshan Jain h/f Adv. Kudalkar present for defendant no.5.
Heard arguments of Advocate for plaintiff and defendant nos.1 and 2. There is delay of 2 years and 17 days in filing Written statement by the defendant nos.1 and 2. Roznama dated 02.08.2021 as referred by Advocate for plaintiff shows that no WS order was passed against defendant nos.1 and 2 and Suit was directed to proceed without their WS. Hence in view of above, considering the nature of dispute between the parties and the grounds of delay caused for filing WS as mentioned as well as supported by affidavit, in order to decide the matter on merit and for fair trial, if opportunity is granted to the defendant nos.1 and 2 to file WS after condoning the delay, no prejudice will be caused to the plaintiff in case he is compensated by imposing cost on defendant nos.1 and 2. On the contrary, if present NM is rejected and the defendant no.1 and 2 are not to allowed to file WS, in that case serious prejudice will be caused to the defendant nos.1 and 2 hence considering the above facts and circumstances and the grounds mentioned in the NM though the Advocate for plaintiff relied on the judgment of Honorable High Court in first Appeal no.632 of 2011 dated 04/05/2011 and WP no.5873 of 2018 dated 10/10/2019. In the above circumstances present NM 2836/2021 deserves to be allowed by imposing cost of Rs.5,000/- on the defendant nos.1 and 2. Hence, NM 2836/2021 is allowed subject to cost of Rs.5,000/-. Delay caused in filing WS by defendant nos.1 and 2 is hereby condoned and on deposit/payment of amount of costs, WS be taken on record.
Matter is adjourned to 23.03.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: None present for plaintiff.
Defendant no.1 present.
Adv. Aditya Ragde h/f Adv. Kudalkar present for defendant no.5/State.
No amount of costs paid by defendant nos.1 and 2.
LO at 5.35pm
Defendant no.1 is present since first session and it was told to him that he is required to pay the amount of cost to the plaintiff or to deposit the same in the Court for the plaintiff but now it is 5.35pm and the defendant no.1 submitted that office time is over therefore he cannot deposit the amount of cost. In view of above, time is extended till 02.03.2026 subject to payment of additional cost of Rs.500/- for causing delay.
Matter is adjourned to 02.03.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: None present for plaintiff.
Defendant no.1 present.
Defendant no.1 has paid the amount of costs. Therefore, WS filed for and behalf of defendant nos.1 and 2 is Read and recorded by marking Exh.8. Hence, keep the matter for draft issues. Matter is adjourned to 22.06.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: None present for plaintiff.
Deft. No.5 present.
Adv. Mr. Rahul Rathod for deft. No.4/BMC is present.
Matter is adjourned to 17.10.2026 for draft issues.
                                                                                                Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/102836/2021

Registration Number: 102433/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 109602/2019
Filing Date: 29-08-2019
First Hearing Date: 19th September 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE