Munira Abid Hussain ShaikhVsM/s. ASB Realtors +5 more

Date: 22-11-2019
Business: Adv. Pande for plaintiff present, he tendered registered NM 4296/19 along with affidavit in support..
Adv.Pooja Narvekar for defendant  1 and 2 present.
Adv.Mangal Kadam for defendant No.4 present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 Present.
Matter adjd for ad-interim hearing to 26.11.2019.
Next Purpose: HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv.Charturvedi I/b adv. A.A.Pandey for plaintiff present, he tendered affidavit of service on defendant No.3 is not duly served.
Adv.Neha Pandey for defendant No.1 and 2 is present.
Adv.Satamkar h/f Adv. Mangal Kadam for defendant No.4 is present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 is  Present.
Heard argument of advocate of plaintiff and defendant No. 5 and 6.
On request of advocate of defendant No. 1 and 2 matter is adjd for 27.11.2019. at 2.45pm
Next Purpose: HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv.A.A.Pandey for plaintiff present.
Adv.Ashok Sarogi for defendant No.1 and 2 is present.
Heard argument of advocate of plaintiff and defendant.
Order -
1.By this notice of motion, plaintiff has prayed for residential premises admeasuring 325 Sq. Ft. Carpet area on the front side of Flat No.2 on the 18th Floor in the newly constructed building approved/certified by MHADA/MCGM and for appointment of Court Receiver,  High Court, Bombay in respect of said premises and for the restraining the defendants, their agents, servants from dealing with, disposing or creating any third party interest in the said property for depositing the arrears of rent as per Exh-Q annexed to the plaint and for restraining defendants from carrying out any further construction on the suit property.
2.Heard learned Advocate for plaintiff and defendant Nos.1 and 2. Perused the plaint and reply filed by Advocate of defendant Nos.1 and 2 alongwith documents submitted by both the sides.  Learned Advocate for defendant Nos.1 and 2 submitted that developer has not given possession to any of the tenant in the constructed building and as per page No.61 of the plaint i.e. letter addressed by defendant No.1 in respect of the complaint against him by the tenant building situated at 42-48 Underia Street, Chowky Mohalla, Mumbai, Flat Nos.101, 201, 301, 401 and 601 will not be alloted to any person till the disposal of suit. In view of the submissions made on behalf of Advocate of plaintiff and defendant Nos.1 and 2, I am of the opinion that at this stage plaintiff is entitled for relief as mentioned in para c of notice of motion to the extent of flat Nos. 101, 201, 301, 401 and 601. If the relief as sought in para a of the notice of motion is granted at this stage, it will amount to grant of final relief in the suit.Hence, I pass following order.
ORDER
1)Ad-interim relief in respect of of prayer clause c is granted to the extent of flat Nos. 101, 201, 301, 401 and 601 in the constructed building.
2)Plaintiff to comply O-XXXIX , Rule-3 of Code of Civil Procedure.
3)Authenticated copy of Roznama be provided to the plaintiff and defendant Nos.1 and 2.
Matter adj for compliance to 13.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv.M.S.Ansari for Plaintiff is present.
Adv. Pooja Narvekar for defendant no.1 and 2 is present tendered written statement (Exh-5) T.O.R
Copy served to the plaintiff advocate.
Matter is adjd. for N/M reply to 05/02/2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Court is busy in hearing of suit no. 2932/2019, 2933/2019, 2934/2019, 2714/2019, 2715/2019, 2726/2019, 2727/2019, 2728/2019 and 3143/2019 and dictating judgment in Suit no.750/2018. Hence, board is discharged.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd.  for N/M reply to 09/03/2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Ansari for the Plaintiff present.
Adv. Mangal Kadam for Defendant nos. 4 and 5 present.
Adv. Ms. Pooja Narvekar for Defendant nos. 1 and 2 present.
Earlier ad interim order be continued till next date.
Matter is adjd. to 28.03.2020 for N/M hearing at 11.00a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 01.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv. M. S. Ansari for the plaintiff
Adv. Ravindra Singh for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
KB
L.O.
Heard ld. advocate for the plaintiff and defendants No.4 and 5.
On the request of the ld. advocate for the defendants No.1 and 2, matter is adjd. to 02/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. S. Ansari for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
Heard ld. advocate for the defendants No.1 and 2.
Matter is adj. to 03/03/2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. S. Ansari for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
F R  S R following order is passed:
O R D E R
1.	Notice of Motion No.4296 of 2019 is 	dismissed.
2.	Costs shall costs in the cause.
3.	Notice of Motion No.4296 of 2019 is 	accordingly 	disposed of.
Matter is adj. to 28/04/2021 for discover and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: due to covid-19
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Due to COVID-19
Next Purpose: FOR___________________
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None for plaintiff.
Adv. Ms. Pooja Narvekar for defendants No.1 and 2 present.
Adv. Mangal Kadam for defendants No.4 and 5 present.
Matter is adjd. to 11/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None present.
Matter is adjd. to 05/01/2022 for discovery and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Court is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for Plff.
Adv.Mangal Kadam for defendant/MHADA present.
Matter is adjd. to 09-06-2022.
Next Purpose: FOR___________________
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Plaintiff and his advocate absent.
Adv.Mangal Kadam for defendant nos. 4 and 5/MHADA present and she submitted that plaintiff and his advocate absent since long. No prayer made against MHADA hence she not file WS. Suit may be kept for dismissal order.
Plaintiff is not made compliance against defendant no. 6.
Plaintiff absent for compliance and taking necessary action hence matter kept for dismissal order.
Matter is adjd. to 14-07-2022 for dismissal order.
Next Purpose: FOR___________________
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present for plaintiff.
Adv. Pooja Narvekar for deft.no. 1 and 2 present.
Adv.Mangal Kadam for defendant no. 4 and 5/MHADA present. She submitted that the another matter of the same adv. is fixed on second session hence.
KB
LO. 3.30 pm.
Same appearance.
As court time is over, hence Matter is adjd. to 30.07.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Court is on leave, Hence matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Sue-Moto TOB for Keeping the matter for Lok-Adalat.
Considering the nature of the suit there is possibility for settlement therefor parties are directed to appear before Lok-Adalat held on 13.08.2022. Hence matter is kept before Lok-Adalat.
Matter is adjd. to 13.08.2022 for Lok-Adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter already ajd. to 25.08.2022
Next Purpose: DISMISSAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: As Court is busy in dictating order in Stamp No. 11395/21 and NM No.1766/20 in suit 3053/2013, Hence board is discharged.
Matter is adjd. to 17.09.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: As Court is busy in dictating judgment in suit no. 3052 of 2018.
Hence, Matter is adjd. to 08.10.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: None present for plaintiff.
Adv. Ms. Sana Khan for defendant Nos. 1 and 2 present.
Kept back.
Later on.
Adv. Ms. Harshida Darji h/f Adv. Ms. Mangal Kadam for Deft. Nos. 4 and 5/MHADA present.
LO at 4.32 pm
When Called out, None present for plaintiff.
Adv. Ms. Harshida Darji h/f Adv. Ms. Mangal Kadam for Deft. present. The suit is for dismissal since 14.07.2022. Thereafter, sufficient opportunities have been given to plaintiff but the plaintiff is remain absent for hearing. Hence, suit is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 08-10-2022

NOTICE OF MOTION/104296/2019

Registration Number: 102592/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 110302/2019
Filing Date: 23-09-2019
First Hearing Date: 22nd November 2019
Decision Date: 08th October 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE