Jagdish Rampher Razak +2 moreVsM/s. Oriental Contractors P. Ltd. +5 more

Date: 18-11-2019
Business: None for plaintiff present.
Adv. Rushda Patel for defendant 1, 2, 5 and 6  present.
She filed Vakalatnama on behalf of D 1, 2, 5  and 6.
Court is busy in recording evidence and also dictating order in NM 472/19 and hearing in urgent matters.
Adjd to 03/02/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: None present  for Plaintiff .
Adv. Chandramore for defendant no.4  is present.
Adv. Mohammad Shoab for defendant no.1,2,5 and 6  is present.he seeks time for tendering N/M reply. O Granted as a last chance.
Matter is adjd.  for N/M reply to 07/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Rajesh Dixit for the Plaintiff present.
He filed original registered no. 3607/19 alongwith affidavit in support. t.o.r. and he also filed affidavit of service of writ of summons. t.o.r.
The Defendant no. 3 is unserved.
Matter is adjd. to 10.06.2020 for proof of service and notice of motion reply.
Next Purpose: SERVICE
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: Lockdown
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None for plaintiff.
Adv Chandramore for the defendant no.4.
Matter is adjd. to 16/03/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Mr. R. Dixit for plaintiff.
Adv. Chandramore for the defendant No.4.
Matter is adjd. to 04/05/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: SERVICE
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None for plaintiff.
Adv. Mr. Shaikh for the defendants No.1, 2, 5 and 6 present.
Adv. Chandramore for defendant/BMC present.
Vakalatnama filed by advocate of defendants No.1, 2, 5 and 6. It is t.o.r.
Reply filed by advocate of defendants No.1, 2, 5 and 6. It is t.o.r.
Matter is adj. to 18/10/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As  per Office Order No.213 of 2021. Holiday is declared today.
Next Purpose: SERVICE
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence board is discharged.
Matter is adjd. to 20.01.2022 for NM service.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None for plaintiff.
Adv.Mohamad Shoeb I/b Imtiyaz Patel for defendant no. 1 to 4.
He submits Draft NM along with affidavit in support TOR.
Order-Leave is granted to register serve other side.
KB
Matter is adjd. to 10.03.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: None present for plff.
Adv. Mohmmed Shoeb h/f Adv. Imtiaz Patel for Deft. No. 1, 2,5 and 6 present and filed registered N/m 617/22.
Adv.Mangal Kadam for defendant/MHADA present.
Adv. Hajare for Corporation present.
Matter is adjd. to 10-06-2022 for service of N/m
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv. V.R. Tripathi for plaintiff present.
Adv.Shreepad Murthy a/w Imtiaz Patel for defendant no. 1,2,5,6 present.
Adv.Mangal Kadam for defendant no.3/MHADA present.
Heard argument of plaintiff, defendant nos. 1 to 3 and 5,6
None for BMC hence argument is closed for BMC.
Matter is adjd. to 07-04-2022 for order on N/m 3607/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv.Mangal Kadam for defendant/MHADA present.
None present for plaintiff.
Court is busy in hearing N/m in SU 2101/21.
Matter is adjd. to 13-04-2022 for N/m order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: PO is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv.Rajesh Dixit for plaintiff present.
Adv.Mangal Kadam for defendant/MHADA present.
Court is busy in other matters on board.
Matter is adjd. to 22-04-2022 for order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv. Rajesh Dixit for plaintiff present.
Adv. Mangal Kadam for defendant/MHADA present.
Adv. Chandramore for defendant present.
F.R.S.R. following order is passed.
ORDER
1. Notice of Motion 3607 of 2019 is partly allowed.
2. The defendants, their servants, agents or anyone on their behalf are temporarily restrained from demolishing the suit property viz. Shed admeasuring about 8’ X 10’ situated in the Compound of Balkrishna Niwas, I.N.Road/Deodhar Road, Matunga (CR), Mumbai 400019 till final disposal of this suit without following due process of law.
3. The remaining reliefs claimed in the Notice of Motion   No.  3607 of 2019 are rejected.
4. The cost of this notice of motion will follow in the main cause.
5. Notice of Motion No. 3607 of 2019 is disposed of accordingly.
Matter is adjd. to 28-07-2022 for WS Subject to limitation.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Court is busy in dictating order in NM No. 2052/12 in suit No. 1543/2012 and NM No.3219/2021 in suit No. 2414/2021.
Hence board is discharged.
Matter is adjd. to 02.11.2022 for NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: None present for parties.
Matter is adjd. to 20.12.2022 for NM reply.
LO at 3.09 pm.
Adv. Rajesh Dixit for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: As Court is busy in dictating order in NM no. 2655/22 in suit no. 331/22.  Hence, board is discharged.
Matter is adjourned to 24.02.2023 for Notice of Motion Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: As Court is busy in dictating order in Notice of Motion Nos. 632/21 and 3171/19 in Suit No. 2085/19. Hence, Board is discharged.
Matter is adjourned to 17.04.2023 for Notice of Motion reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: As Court is busy in hearing in Notice of Motion No. 2117/22 in Ex.App No. 146/2021, Notice of Motion No. 2118/22 in Ex.App No. 147/21, NM Nos. 520/22 and 3158/21 in Suit No. 2303/21. Hence, Board is discharged.
Matter is adjourned to 17.07.2023 for Notice of Motion Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: None present for the plaintiff.
Adv. Mr. Mohammed Shoaib h/f Adv. Imtiyaz Patel for defendant Nos. 1, 2, 5 and 6 is present.
Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
Adv. Mr. Khandagale h/f Adv. Chandramore for defendant/BMC is present.
The following Order is passed on NM No. 617/2022:
Advocate for defendant Nos. 1, 2, 5 and 6 submits that their notice of motion for condoning delay in filing WS is pending since many dates. Plaintiff though served, failed to file reply and he is not appearing in the matter. Considering the submissions and grounds mentioned in the notice of motion, I hold that it would be just and proper to condone delay in filing WS. Hence, following Order is passed:
				ORDER
1.   Notice of Motion No. 617 of 2022 is hereby allowed.
2.   Delay for filling written statement stands condoned and
      defendant are allowed to file written statement on record.
3.   Notice of Motion No. 617 of 2022 stands disposed of
      accordingly.
Matter is adjourned to 06.09.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: None present for the plaintiff.
Adv. Ms. Mangal Kadam for defendant No.3/MHADA is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adv. for defendant No. 3 submitted that defendant NO. 3 is not going to file WS. Hence, suit to proceed without WS of defendant No. 3.
It appears from roznama that on last date NM of defendant Nos. 1,2, 5 and 6 is allowed and they are allowed to file WS, but today they have not file WS. Hence, adjourned for WS.
Matter is adjourned to 07.11.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: None for plaintiff.
Adv. Ms. Mangal Kadam for defendant o.3/MHADA is present.
Adv. Ms. Chandramore for defendant No.4/BMC is present.
Adjourned for WS of defendant No. 1, 2, 5 and 6 to 12.02.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Mr. Rajesh Dixit for the plaintiff is present.
Adv. Ms.Mangal Kadam for defendant no.3/MHADA is present.
Adv. Mrs.Chandramore for defendant no.4/BMC is present.
Defendant no.4 failed to file WS.
Defendant no.1,2, 5 and 6 had taken out NM for filing WS which was allowed vide order dtd.17.07.2023. However since then they failed to file WS. Hence, I proceed to pass no WS order against defendant no.1, 2, 5 and 6 as well as defendant no.4
Matter is adjourned to 15.04.2024 for WS without hearing.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for both the parties.
Matter is adjourned to 22.07.2024 for without WS Hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: Adv Rajesh Dixit for plaintiff present.
Ms.Mangal Kadam for defendant/MHADA is present.
Matter is adjourned for 08.10.2024 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Adv. Rajesh Dixit present for plaintiff and sought adjournment.
None present for defendants.
Matter is adjourned for filing evidence to 04/12/24.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: None present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Adv. I. A. Patil defendant no. 1 present.
Plaintiff is absent since long and failed to file evidence in this matter. it is seen that plaintiff is not interested to proceed further with the suit. Hence, Matter is adjourned for dismissal to 21/12/24.
Next Purpose: DISMISSAL
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: Adv.Rajesh Dixit present for plaintiff.
Adv.A.L.Shaikh present for def.Nos.1,2,5 and 6.
Adv.Rahul Rathod for BMC/defendant present.
On the request of advocate for plaintiff I feel up proper to caption be changed and matter be posed for evidence.
Matter is adjourned to 11/03/2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: As  the Court is on leave.  Hence, board is discharged and matter stands adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: Adv. Rajesh Dixit present for plaintiff.
Adv. Ms.Mangal Kadam for defendant no. 3/MHADA present.
Matter is adjourned to 04/07/25 for REPH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: Plaintiff no. 2 present.
Adv. Rajesh Dixit present for plaintiff.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Advocate Rahul Rathod for defendant/BMC present.
Exh.1- Plaint    Exh.2- Vakalatnama
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. for plaintiff filed affidavit of evidence of PW-01 O- Read and recorded. t.o.r. marked as Exh. 05.
He also filed documents alongwith list t.o.r. marked as Exh. 06
O- Other side to say.
Matter is adjourned for hearing on documents/admission and denial to 13/08/25.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: Adv.  Akshay Nawar present for plaintiff.
Adv. A.L.Shaikh present for defendants No.1,2,5 and 6.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
Adv. Ms.Mangal Kadam for defendant/MHADA is present.
Matter is adjourned to 11.09.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Adv. Rajesh Dixit present for plaintiff.
Adv. Neha Mamtule present for defendant nos.1, 2, 5 and 6 and tendered draft NM. O-Time granted to register.
Copy served to plaintiff.
Advocate Rahul Rathod for defendant no.4/BMC present.
Matter is adjourned to 10.10.2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: None present for plaintiff.
Adv. Apurva Dalala h/f Adv. Rahul Rathod for defendant/BMC present.
Adv. Neha Mamtule  h/f Adv. Imtiyaz Patel present for Defendant No. 1, 2, 5 and 6.
Advocate for defendants tendered register Notice of Motion No 5437 of 2025. TOR.
Matter is adjourned to 01.12.2025  for reply
Next Purpose: REPLY
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: None present for plaintiff.
Adv. Rahul Rathod for defendant no.4/BMC present.
As plaintiff and his advocate are absent, Matter is adjourned to 29.01.2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: Adv. Rajesh Dixit present for plaintiff and submitted that he needs time to file reply on NM no.5437/2025.
Adv. Rahul Rathod for defendant no.4/BMC present.
KB LO at 4.16pm
Advocate for plaintiff filed application for adjournment. TOR and marked as Exh.__. O-Adjournment granted.
Matter is adjourned to 02.04.2026 for reply.
Next Purpose: REPLY
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd.
Next Purpose: REPLY
Next Hearing Date: 22-06-2026

Date: 22-06-2026
Business: Adv. Rajesh Dixit for Plff. present.
Adv. Mr. Rahul Rathod for Deft.No.4/BMC present.
Adv. A. L. Shaikh for Deft. No. 1, 2, 5 and 6 present.
Heard Ld. Adv. for both sides.
Matter is adjourned to 25.06.2026 for order.
Next Purpose: ORDER
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Adv. Rajesh Dixit present for plaintiff.
Adv. Rahul Rathod for defendant no.4/BMC present.
KB LO at 5.32pm
As Court time is over in dictating order on NM in Suit nos.4376/2011 and 907/2013 and in Hearing arguments on Stamp No.7680/2026 and on NM in Suit No.1077/2026 hence, Matter is adjourned to 29.06.2026 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2026

Date: 29-06-2026
Business: None present for plaintiff.
Adv. V. S. Khobragade for defendant/MHADA present.
F.R.S.R. following Order is passed
ORDER
नोटीस ऑफ मोशन क्रमांक 5437/2025 फेटाळण्यात येत आहे.
Matter is adjourned to 16.09.2026 for No WS Hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: Plaintiff no.1 present.
Adv. Rajesh Dixit present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.4/BMC present.
KB LO at 12.15pm
Heard Advocate for plaintiff.
Perused the documents produced alongwith list at Exh.6 as well as say filed thereon on behalf of MHADA and BMC. Heard advocate for both the parties. The document at sr. no.1 is the xerox copy of sketch map hence cannot be executed. The document at sr. nos.2 to 10 are public documents hence they are exhibited as follows
Exh.8 colly-Original Shops and Establishment Certificate with Form A.
Exh.9 colly-Renewed Shops and Establishment Certificate of the year 1978 and 1991.
Exh.10 colly-11 Payments Receipts for renewal of Certificate.
Exh.11-Ration Card (Old).
Exh.12 colly-Form and Census Acknowledgment of 1990.
Exh.13 colly-Postal Acknowledgment.
Exh.14-Ration Card of 2000.
Exh.15 colly-Election Identity Card and Election Extract.
Exh.16-Aadhar Card.
The document at sr. no.11 is the office copy of notice dated 18.07.2019 hence it is marked as Exh.17.
The documents at sr. no.12 are the passbooks and those cannot be exhibited now considering the evidence of plaintiff.
Matter is adjourned to 07.10.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-10-2026

NOTICE OF MOTION/105437/2025
NOTICE OF MOTION/100617/2022
NOTICE OF MOTION/103607/2019

Registration Number: 102461/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 109608/2019
Filing Date: 29-08-2019
First Hearing Date: 18th November 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE