Devendra Bhogilal SolankiVsRavikumar Bhogilal Solanki And Ors

Date: 09-12-2019
Business: As Court is busy in hearing on Notice of Motion in suit No. 846/16.
Matter is adjourned for  mediation report  to 12/02/2020.
LO 01.30 PM
Adv. Satamkar for defendant/MHADA is present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: matter adjd to 21.04.2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Lockdown
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjd. to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for both the sides.
Matter is adjd. to 05.04.2021
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 03.07.2021 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: due to covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Court is on leave.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None for plaintiff.
Adv. Saraf for the defendant No.5  present.
Adv. Satamkar h/f Kandekar for defendant No.6 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant No.5 . O-  Leave to register N/M is granted.
Copy of draft NM served to defendant No.6 by defendant No.5.
Matter is adjd. to 04/10/2021 for tendering registered NM.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and  NM No.1621/2018 (SU No.1542/2017) order and  inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 13/12/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv Mr.Mishra present for the plaintiff.
Adv Mansi Joglekar present for the defendant no.5
Adv Pathak H/f Adv Kandekar present for MHADA/ defendant no.6
Adv for the defendant no.5 file register NM No.2100/21 TOR
Matter is adjd. to 31.01.2022 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 13.04.2022 for NM argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: court is on leave
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv.Ditendra Mishra for plaintiff present.
Adv.Manasi Jogale for defendant no. 5 present and tendered registered N/m 2100/19 a/w affidavit in support.
Plaintiff received the copy of N/m.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Matter is adjd. to 22-08-2022 for  filing reply.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Ditendra Mishra for plaintiff present and submitted that information is not received from client hence unable to file reply. Hence seeking time for filing reply. Time Granted.
Adv. Mansi Joglekar for defendant no. 5 present.
Adv Pathak H/f Adv Kandekar present for MHADA
Matter is adjd. to 13.09.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Ditendra Misha for plaintiff present.
Adv. Mansi for defendant no.5 present.
Adv. V.N. Kandekar for MHADA present.
By consent seeking time for filing reply. Hence, Matter is adjd. to 14.11.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present for plaintiff for filing reply to NM after giving sufficient opportunities.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft  present.
Adv. Manasi for defendant no. 5 present.
Defts. Advocates raised strong objection after giving sufficient opportunities to plaintiff to file reply and requested for no reply order is passed against plaintiff.
Hence, granted as last chance to plaintiff to file reply.
Matter is adjd. to 23.12.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None present for plaintiff
Adv. Manasi Joglekar for defendant no. 5 present.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
No reply filed by plaintiff after giving suffering opportunities on NM No. 2100/21. Hence, no reply order is passed against plaintiff.
Matter is adjourned to 09.02.2023 for Notice of Motion hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present for plaintiff.
Adv. Niranjan Bhadang a/w Adv. Manasi Joglekar for defendant no.5 present and filed written statement.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Heard Ld. advocate for Deft.No.5.
F.R.S.R. the following order is passed in Notice of Motion No. 2100 of 2021.
Order
1. Notice of Motion No.2100 of 2021 is hereby allowed subject to the payment of costs of Rs.500/-(Rupees Five Hundred only) payable by the defendant No.5 to the plaintiff on or before next date.
2. On payment of costs, delay be condoned and allowed to file written statement of defendant No.5 for taking on record on or before next date.
3. Failure to make compliance, Notice of Motion will be dismissed automatically.
4. Notice of Motion No.2100 of 2021 is disposed of accordingly.
Matter is adjourned to 30.03.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: None present for plaintiff
Adv. Janhavi Kandekar for defendant/MHADA present.
Adv. Mansi Joglekar for defendant No. 5 present and filed compliance receipt.
The defendant complied as per order passed in Notice of Motion No. 2100/21 and paid the cost. Hence, written statement is read and recored. TOR. It is marked at Exh.6.
Perusing record, it appears that the suit summons was not served to defendant Nos 1 to 4. The plaintiff not placed on record the service affidavit. Hence, plaintiff is directed to file affidavit of service of defendant Nos. 1 to 4 failing which suit will be dismissed against defendant Nos. 1 to 4.
Matter is adjourned to 04.07.2023 for Draft issues/ Dismissal against defendant Nos. 1 to 4.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None present for the plaintiff.
Adv. Ms. Mansi Joglekar for defendant No. 5 is present.
Adv. Ms. Kandekar for defendant No. 6/MHADA is present.
It is submitted on behalf of advocate for defendant No. 5 that since many dates plaintiff is not appearing and proceeding with the matter by taking steps. Perusal of roznama it appears that on last date plaintiff was directed to file affidavit of service of defendant Nos. 1 to 4 failing which suit will be dismissed against defendant Nos. 1 to 4. Today, also no affidavit of service of defendant Nos. 1 to 4 is filed by plaintiff. Hence, suit stands dismissed against defendant Nos. 1 to 4.
Adjourned for compliance to 13.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for the plaintiff.
Adv. Ms. Mansai Joglekar for defendant No. 5 is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.6 /MHADA is present.
Matter is adjourned to 20.11.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: None present for the plaintiff.
Adv. Ms. Manasi Joglekar for defendant No. 5 is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.6
/MHADA is present.
Adv. for defendant No. 5 submitted that since many dates plaintiff is not appearing and proceeding with the matter. Since no steps were taken against defendant Nos. 1 to 4, suit was dismissed against defendant Nos. 1 to 4 on 04.07.2023. Thereafter, also plaintiff is not appearing. Hence, suit be dismissed for want of prosecution. Perusal of roznama fortified the contention of advocate hence, matter is kept for order of dismissal.
Matter is adjourned to 16.12.2023 for dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: The plaintiff is present.
Adv. Mr. Ditendra Mishra for the plaintiff is present.
Adv. Mr. Mansi Joglekar for defendant No. 5 is present.
Adv. for the plaintiff submitted that plaintiff is not in contact with him and plaintiff be given one opportunity. As against this advocate for defendant No. 5 submitted that since many dates plaintiff is not appearing and hence, suit is kept for order of dismissal. Hence, suit be dismissed. At this point plaintiff appeared before Court and submitted that he was absent and was unable to attend the Court as his wife for suffering from Cancer. He prayed that he be given opportunity to proceed with the matter. Considering the rival submissions it would be just and proper to give opportunity to the plaintiff to proceed with the matter. Hence, plaintiff is directed to take necessary steps and to proceed with the matter positively.
Matter is adjourned to 27.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Mr. Prerith Menon h/f Adv. Ditendra Mishra for the plaintiff is present.
Adv. Mr. Mansi Joglekar for defendant No. 5 is present.
ADv. for plaintiff submitted that plaintiff is not in contact with him. It appears from the roznama that already suit has been dismissed for want of prosecution against defendant no.1 to 4 vide order dtd.04.07.2023 thereafter plaintiff had sought time for taking steps. However, plaintiff failed to take any steps. It shows that plaintiff is not interested to proceed with the matter. Hence, suit stands for dismissed.
Pending NM No.3595 of2019 also stands dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 27-02-2024

Main Case No: SUIT/0100002/2019
Main Cnr: MHCC010154792018
Main Filing No: 111447

Registration Number: 103595/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 110465/2019
Filing Date: 25-09-2019
First Hearing Date: 09th December 2019
Decision Date: 27th February 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE