Bhalchandra Sadanand Keni +2 moreVsMumbai Building Repair and Reconstruction Board +4 more

Date: 23-10-2019
Business: The court is on leave
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: 08-11-2019

Date: 08-11-2019
Business: Adv. Rajiv Matkar  for the Plaintiff present.
Adv. Kunal Bhangre for Defendant no. 2 present.
Adv. Anusha Amin for defendant no. 4 present.
Adv. Kandekar for defendant no.1 present.
Exh.7-Written statement tendered by defendant no.1. t.o.r.
Adjd. to 14.11.2019 for ad interim hearing.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Rajeev Matkar for plaintiff present.
As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
Matter adj for hearing to 18.11.2019.
Next Purpose: HEARING
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Rajiv Matkar for plaintiff present.
Adv. Gaonkar for defendant no.4 present and filed reply to draft NM. t.o.r.
Adv. Kunal Bhamange for defendant 2 and 3 present.
By this notice of motion plaintiff has prayed to appoint the court receiver of suit flat no. 202 in the B - wing of land bearing C.S. of Mahim Division original plot no. 221, adm. 67sq. Yards. It is submitted  by advocate of plaintiff that there is no tenable reason to with hold possession of suit flat to flat no. 202 as their permanent alternate accommodation in lieu of old rooms. However in the agreement dated 24/06/2008 pointed out by advocate of defendant no.2 and 3 in clause no. p  it is mentioned that consent decree dated 21/12/84  is not compiled with and owners / plaintiff after having received payment of Rs. 40 lakh and after having the received possession of Rs. 5 Hats no further will remained to be settled in respect of either in area or in monetary terms or otherwise by the developers. Ld. Advocate for plaintiff relied on the observation in the matter of Anand Dattaram Matkar V/s Gawade construction Pvt. Ltd. Of Civil Application No. 3952 of 2009 in First Appeal no. 848/2019. In that case the suit of specifi performance of contract was dismissed on the ground that the applicant was not ready and willing to perform his part of contract. Therefore, the court receiver was appointed after deposit sum of Rs. 25 Lakh. In the case in hand, there is no prayer of specific performance of contract and therefore the observations are not applicable. Under such peculiar circumstances, it is not justifiable at this stage to grant ad- Interim Relief without giving opportunity of filing reply to other side. Accordingly prayer of ad-Interim relief is rejected.
Defendant no. 2 to 4 are directed to file reply by 25/11/2019.
Leave to register NM is granted.
Adjd to 25/11/2019 for reply/ hearing.
Next Purpose: HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv.Pallavi Gandhi  for plaintiff is present, she tendered registered NM 4334/19 along with affidavit in support.
Adv. Prerna Dhoke h/f adv.Kandekar for defendant No.1 is present.
Adv.More for defendant No.4 is present.
Matter adj for NM reply to 17.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Rajiv Matkar for Plaintiff is present. He filed affidavit of service.  He filed reply on reverse page of  NM No 75/2020.
Adv. Kandekar  for defendant no.1 is present.
Adv. Kunal Bhange for defendant no.2 and 3 is present. He filed affidavit of  reply to NM No. 4334/2019. copy is served on adv. of plaintiff.
Adv. Gaonkar for defendant no.4 is present. He tendered Original registered N/M No.75/2020 along with affidavit
Heard argument of adv. of plaintiff and defendant no.1 to  4.
By consent Matter is adjd. for order on NM No. 75/2020/proposed settlement to 10/01/2020 at 01.30 PM.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Mr. Rajiv Matkar for Plaintiff is present.
Adv. Mr. Goankar for defendant no. 4 is present.
Adv. Mr. Kunal Bhange for defendant no. 2 and 3 is present.
None present  for Defendant-1.
By consent matter is referred to mediation.
Matter is adjd to 13.01.2020 at 11.00a.m for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Plaintiff no.1 and 3 in person present are and his advocate absent.
Adv.More for defendant no. 8is present.
Adv. Akshay Pawar for defendant no.2 and 3 is present.
By consent.
Matter is adjd.for mediation report to 17/01/2020 at 2.45pm.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Court is busy in hearing NM in Suit No. 3869/2019 and dictating Judgment in Suit No. 1595/2018.  Hence Board is discharged.
Matter is adjd.  to 22/01/2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Next Purpose: MEDIATION REPORT
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.
Matter is adjd.  for N/M reply to to 13/02/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Plaintiff no. 1 and 3 is present.
Adv. of plaintiff is absent.
Adv. Satamkar h/f Kandekar for defendant no. 1 is present.
Adv. Akshay Pawar  for defendant no.2 and  3  is present.
Adv. Gaonkar  for defendant no.4 is present.
All the advocates of defendants submitted that matter is kept for mediation on 14/02/2020 and seeks adjournment. O granted.
Matter is adjd. for mediation report  to 23/03/2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for plaintiff.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.1.
Adv. Mr. Gaonkar for the defendant No.4.
Last chance is granted for NM reply.
ORDER
Heard. Defendant No.4 has filed counter claim. She has claimed 1/5 share in the compensation amount of Rs.40,000,00/- paid to defendant No.1. However, she has valued the counter claim at Rs.1000/- for the purpose of Court Fees and jurisdiction under Section 6 (iv) (j) instead of Section 6 (i) of the Maharashtra Court Fees Act. Hence, defendant No.4 is directed to correct the valuation of the counter claim for the purpose of Court fees and jurisdiction and pay Court fees on Rs.8,000,00/- as per the provisions of  Section 6 (i) of the Maharashtra Court Fees Act
Matter is adjd. to 01/04/2021 for NM reply and compliance by defendant No.4.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2021

Date: 03-02-2021
Business: None for plaintiff.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.1.
Adv. Mr. Gaonkar for the defendant No.4.
Last chance is granted for NM reply.
ORDER
Heard. Defendant No.4 has filed counter claim. She has claimed 1/5 share in the compensation amount of Rs.40,000,00/- paid to defendant No.1. However, she has valued the counter claim at Rs.1000/- for the purpose of Court Fees and jurisdiction under Section 6 (iv) (j) instead of Section 6 (i) of the Maharashtra Court Fees Act. Hence, defendant No.4 is directed to correct the valuation of the counter claim for the purpose of Court fees and jurisdiction and pay Court fees on Rs.8,000,00/- as per the provisions of  Section 6 (i) of the Maharashtra Court Fees Act
Matter is adjd. to 01/04/2021 for NM reply and compliance by defendant No.4.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 23/06/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: By preacipe
Adv.Rajeev Matkar for plaintiff.
None for defendants.
Draft NM along with affidavit of support tendered by advocate for
the plaintiff. O-  Leave to register N/M is granted. N/M is made
r/o. 23.06.2021
Order
Heard the learned advocate for the plaintiff. From the affidavit of service, it appears that defendants were served with a copy of draft Notice of Motion. Despite that, today they have remained absent. From the Leave and Licence agreement dated 16.12.2017, it prima facie appears that defendant no.2 had agreed to pay monthly compensation of Rs.55,000/- to the plaintiffs on or before fifth day of every month. The plaintiffs have alleged that on 24.03.2021, possession of the transit flat was taken from them. In spite of their request, defendant no.2 has refused to pay transit rent to them. It is, thus, prima facie clear that the plaintiffs have not been provided with temporary alternate accommodation or transit rent therefor. The plaintiffs have thus made out prima facie case for grant of ex-parte injunction. Hence, defendant No.2 is directed to pay  monthly compensation of Rs.55,000/- to the plaintiffs from March 2021 on or before fifth day of every month till filing of reply.
CC is expedited.
Matter is adjd. to 23.06.2021 for NM tendering registered motion /compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2021

Date: 07-05-2021
Business: Matter pertain to C.R. No.12.
By precipe.
Adv. Akshay Pawar for deft No.2 and 3 tendered draft NM alongwith affidavit for recalling ad interim order which is passed already in favour of plff.  He has not tendered service affidavit or service proof.
O - Leave granted to register draft NM.
Matter adjd for reply on draft NM of deft no.2 and 3 to 23/6/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: Adv. Mr. Rajiv Matkar  for the plaintiff present.
Adv. Mr. Akshay Pawar for the defendants No.2 and 3 present.
Advocate for the plaintiff tendered registered N/M No.1225/2021 along with affidavit in support. t.o.r.
Advocate for the defendant filed reply to NM No.1225/2021. It is t.o.r.
Advocate for the defendant tendered registered N/M No.1219/2021 along with affidavit in support. t.o.r.
Advocate for the plaintiff filed reply to NM No.1219/2021. It is t.o.r.
On the ground of extension of earlier order the ld. advocate of defendants No.2 and 3 has strong objection to extension order the till next date, on perusal of record it appears that total four Nms are pending for argument out of which one is for recalling of earlier order. Considering the pendency of NM, earlier order is extended till next date and all NMs are fixed for argument.
Matter is adjd. to 05/07/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Adv.Rajeev Matkar for plaintiff.
KB LO at.12.03 PM
Adv.Rajeev Matkar for plaintiff.
None for defendant.
Two draft NMs along with affidavit in support of NM tendered by advocate for the plaintiff. O-  Leave to register N/Ms granted.
Matter is adjd. 12.07.2021 for Service of two NM on defendants and hearing on earlier pending NM/Ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Adv.Rajeev Matkar for plantiff.
Adv.Kunal Bhanage along with Adv.Akshay Pawar for defendant no.2 and 3.
Advocate for the plaintiff tendered two registered N/M No.1488/2021 and NM No. 1489/21 along with affidavit in support. t.o.r.
Earlier order if any  to continue till next date.
Matter is adjd. to 29.07.2021  for NM Argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv. Rajeev Matkar for plaintiff present.
Adv.  B. S. More  for defendant No.4 present.
Adv. Kunal Bhanage for defendants No.1 to 3 present.
Earlier order if any, is continued till next date.
Matter is adjd. to 01/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Matter pertains to C.R.No.9.
Adv.Kawade for plaintiff.
Adv.More for defendant no. 4
Adv.Kunal Bhange for defendant no 2 and 3.
Earlier order, if any  to continue till next date.
Matter is adjd. to 23/09/2021 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Rakhi Tawde for plaintiff prsent.
Adv. Kunal Bangre for defendant 2 and 3 presnt.
Adv. More for defendant No;.4present.
Earlier order if any to continue till next date.
P.O. is busy in dictating judgment in Suit No.2183/16 and order in Suit No. 2378/17. Hence Matter is adjd. to 13.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv. Rajeev Matkar for plaintiff present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.1 present.
None for defendants No.2 and 3.
Adv. Gaonkar for the defendant No.4 present.
Earlier order if any  to continue till next date.
Matter is adjd. to 10/11/2021 for NM reply-rejoinder, at 01.00 p.m.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: CORAM : H. H. J. SHRI  S. D. KULKARNI  (C.R.NO. 8)
Matter pertains to C.R. No.09
Adv. Ms. Chitra Burhade h/f Adv. Mr. Matkar for plaintiff present.
None present for Defts.
Earlier order if any, to continue till next date.
Matter is adjd. to 01/12/2021 for N/M Reply/Rej.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Chitra Kurhade present for the plaintiff.
Adv Pathak H/f Adv Kandekar present for the MHADA/ defendant no.1
Adv Mr.Gavkar present for the defendant no.4
Earlier order if any to continue till next date.
Matter is adjd. to 23.12.2021 for NM reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Adv. Kunal Bhanage present for the defendant nos.2 and 3.
Adv Pathak H/f Adv Kandekar present for MHADA.
Earlier order if any to continue till next date.
Matter is adjd. to 29.01.2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: Advocate Ms. Chitra Kurade for the plaintiff present.
None present for the defendant.
Earlier order if any to continue till next date.
Matter is adjd. to 11.03.2022 for reply to N/M.
LO at.03.02.
Adv.Akshay Pawar for defendant no.2 and 3 is present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Matter pertains to CR.09
Adv. Ankita Manjrekar h/f Rajeev Matkar for Plff. present.
Adv. V.S. More for Deft. No. 5 present.
Adv. Kunal Bange a/w Adv. Akshay Pawar for Deft. No. 2 and 3 present.
Adv. R.Y. Gaonkar for Deft. No. 4 present.
Earlier order, if any to continue till next date.
Matter is adjd. to 19-04-2022 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Rajeev Matkar for plaintiff present.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Adv. Kunal Bhadage for defendant nos. 2 present.
Adv. B.S.More for defendant no. 4 present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 08-06-2022 for  N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv. Ankita Manjrekar for plaintiff present and files adjournment application as plaintiff\''s advocate is unable to attend Court.-Considering matter adjourned to next date.
Adv. Wasim Siddique for defendant no. 2,3 present.
Adv. More for defendant no. 4 present.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 07-07-2022 for N/m argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Advocate Rajeev Matkar for plaintiff present.
Advocate Pathak h/f Adv Kandekar for defendant / MHADA present.
Advocate Kunal Bhanage a/w Adv Akshay Pawar for defendant no.2 and 3 present.
Adv Gaonkar for defendant no.5 present.
By consent matter is fixed at 4.00 p.m. for hearing.
Matter is adjd. to 22/07/2022 for  NM Hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Rajeev Matkar for plaintiff absent.
Adv Pathak H/f Adv Kandekar present for MHADA
Adv. V.S. More for deft.no. 4 present.
Earlier order, if any, to continue till next date.
By consent, Matter is adjd. to 05.08.2022 for NM arguments at 12.30 pm.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Rajeev Matkar for plaintiff present.
Adv Pathak H/f Adv Kandekar present for MHADA
Adv. R. Y. Gaonkar for Deft.no. 4 present.
Adv. Kunal Bhanage a/w Adv. Akshay Pawar for defendant no.2 and 3 present.
By the consent of all the advocate matter is adjourned for NM hearing.
Matter is adjd. to 24.08.2022 for NM hearing at 12.00 pm.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Rajeev Matkar for plaintiff present and filed list of documents. Marked as Exh.9
Adv. Adv. Kunal Bhanage a/w Akshay Pawar for defendant no. 2 and 3 present.
Adv. R.Y. Gaonkar for Deft.no. 4 present.
Heard arguments of Ld. Advocate of Plaintiff on NM No. 1489/21, NM No. 4334/19, NM 1488/21, NM 1225/21, NM No. 1219/21.
Matter is adjd. to 30.08.2022 for further arguments of defendants at 1.00 pm.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Prajakta Angre h/f Adv. Rajeev Matkar for plaintiff present.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1
Adv. Kunal Bhanage for deft.2 and 3 present.
Adv. R.Y. Gaonkar a/w Adv. V.S. More for deft.no.4 present.
Earlier order, if any, to continue till next date.
As court is busy in dictating order in Suit 725/17, Suit No. 770/17 and Order in Suit no. 1066/19. Hence, Matter is adjd. to 15.09.2022 for NM hearing at 12.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Adv. Ankita Majrekar h/f Adv. Rajeev Matkar for plaintiff present.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.
Adv. R.Y. Gaonkar for deft.no. 4 present.
Adv. Kunal Bhanage a/w Adv. Askhay Pawar for deft.no. 2 and 3 present.
Court is busy in dictating order Ch/s Nos. 1016/21 and 1943/21. Hence, Matter is adjd. to 28.09.2022 for NM hearing at        12.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Plaintiff and his Adv. Prajaka Angre h/f Adv. Rajeev Matkar present
Deft.No. 4 a/w his Adv. R.Y. Gaonkar a/w Adv. V. S. More present.
Adv Pathak H/f Adv Kandekar present for MHADA/Deft.No.1
Adv.Akshay Pawar for defendant No. 2 and 3 present.
Matter is adjd. to 03.11.2022 for NM hearing at 12.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Plaintiff and his Adv. Chitra Burhade present.
Adv. R. Y. Gaonkar a/w V. S. More for Deft.no. 4 present.
Adv Pathak H/f Adv Kandekar present for MHADA / Deft.no.1
Adv. Akshay Pawar for defendant No. 2 and 3
Earlier order, if any, to continue till next date.
Matter is adjd. to 01.12.2022 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Chitra Burhade for plaintiff present.
Adv. Kandekar for deft.no.1 / MHADA present.
Adv. R. Y. Gaonkar for deft.no. 4 present.
Adv. Kunal Bhange for Deft. Nos. 2 and 3 present.
Court is busy in recording evidence in Suit No. 6910/1978 matter Hence, matter adj. to next date for NM hearing.
Earlier order, if any, to continue till next date.
Matter is adjd. to 10.12.2022 for NM hearing at 12.00 Noon.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Plaintiff present.
Adv. Purva Pendhurkar h/f Adv. Rajeev Matkar for plaintiff present.
Adv. Kandekar for deft.no.1 / MHADA present.
Adv. R. Y. Gaonkar for deft.no. 4 present.
Adv. Kunal Bhanage a/w Adv. Vasim Siddiqui a/w Adv. Askhay Pawar for Deft. Nos. 2 and 3 present.
Matter is adjourned to 07.01.2023 for NM hearing at 12.00 Noon.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Plaintiff present.
Adv. Prajakta Angre h/f Adv. Rajeev Matkar for plaintiff present. Adv. Kunal Bhanage a/w Adv. Wasim Siddiqui a/w Adv. Askhay Pawar for Deft. Nos. 2 and 3 present.
Adv. R. Y. Gaonkar for deft.no. 4 present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 04.02.2023 for Notice of Motion hearing at 12.00 Noon.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Plaintiff No.3 present.
Adv.Prajkta Angre h/f Adv.Rajeev Matkar  for plaintiff is present.
Adv.Pathak h/f Adv.Kandekar for Defendant-1/MHADA is present.
Adv.Kunal Bhanage for defendant nos. 2 and 3 is present.
Adv.R.Y.Gaonkar for defendant no.4 is present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 22.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv. Sayali Patil h/f Adv. Rajeev Matkar for plaintiff present.
Adv. Askhay Pawar for defendant Nos 2 and 3 present and submitted that his senior Advocate Kunal Bhanage is on the way.
Adv. R.Y. Gaonkar for defendant No. 4 present and ready for arguments. Hence, Heard argument of Defendant No. 4.
LO
The Advocate Kunal Bhanage for defendant no. 2 and 3 present and ready for argument, but today the Supreme Court time bound matter is pending for argument hence, adjourned the matter for argument of defendant Nos 2 and 3.
Earlier order, if any, to continue till next date.
Matter is adjourned to 10.03.2023 for hearing on Notice of Motion of Defendant No. 2 and 3 in first (Morning) session.
LO at 3.14 pm
Adv. Kandekar for defendant No. 1/MHADA present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Adv. Purva Pendhurkar h/f Adv.Rajeev Matkar for plaintiff is present.
Adv. Kunal Bhanage a/w Adv. Akshay Pawar for defendant nos. 2 and 3 are present and tendered
Adv. R.Y. Gaonkar a/w Adv. V.S. More h/f for defendant no.4 are present.
Earlier order, if any, to continue till next date.
Heard Ld. Advocate Kunal Bhanage for defendant Nos.2 and 3.
Matter is adjourned to 13.04.2023 for reply argument of plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv. Purva Pendhurkar h/f Adv. Rajeev Matkar for plaintiff present.
Adv. Kandekar a/w Adv. Harshida Darji for Deft No.1/MHADA present.
Adv. R.Y. Gaonkar defendant no.4 present.
Adv. Askay Pawar for defendant Nos. 2 and 3 present.
Earlier order, if any, to continue till next date.
As Court is busy in dictating Judgment in Suit No. 1188/2022 and Order in Chamber Summons No. 43/2021 in Suit No. 2067/2014. Hence, Matter is adjourned to 27.04.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Rajeev Matkar for plaintiff present.
Adv. Kandekar for defendant No.1/MHADA present.
Adv. V.S. More for defendant No. 4 present.
Heard arguments of Ld. Advocate for plaintiff and defendant no.1 on all NM\''s.
Matter is adjourned to 07.06.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv. Ms. Purva Pendurkar h/f. Adv. Mr. Rajiv Matkar for the plaintiff present.
Adv. Ms. Harshida Darsi h/f. Adv. Mr. Kandekar for defendant no. 1/MHADA present.
As Court is busy in recording evidence in SC no. 104/22 and dictating order in Cri. BA no. 1231/23. Hence, matter adjourned.
Interim order to continue till next date.
Matter is adjd to 15.6.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: PRESIDING OFFICER IS ON LEAVE.
Plaintiff Sharad Sadanand Keni present.
Adv. Akshay Pawar for defendant nos.2 and 3 present.
The matter is adjd. for order to 23.06.2023.
                                                     Sheristedar
CORAM  H.H.J. SHRI S.N. PATIL , ADDL. SESSIONS JUDGE, (C. R. NO. 17)
L.O. at 3.20p.m.
Adv. Purva Pendulkar for plaintiff present.
Earlier order to continue till next date.
The matter is already adjd. to 23.06.2023 for order.
                                                                  Judge
Next Purpose: NM  ORDERS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Ms. Purva Pendurkar for plaintiff present.
Later on at 3.25p.m.
Plaintiff no.3 Sharad Keni present.
Earlier order if any, to continue till next date.
Matter is adjd to 10.07.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: CORAM H.H.J. SHRI S.B. JOSHI, ADDL. SESSIONS JUDGE, (C.R. NO.07)
( Matter pertains to Court no.17. )
Adv. Purva Pendurkar h/f. Adv. Rajeev Matkar for plaintiffs present.
Plaintiff no.3 present.
Adv. Janhavi Kandekar for defendant No.1 present.
Adv. Akshay Pawar for defendant Nos. 2 and 3 present.
Earlier order, if any, to continue till next date.
The matter is adjd for order to 18.07.2023.
Judge
( In-charge, C.R. No.17)
Next Purpose: NM  ORDERS
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Sharad Keni plaintiff present.
Adv. Rajeev Matkar for plaintiff present.
Adv. Harsheeda h/f Adv. Kandekar for defendant/MHADA present.
Adv. Gaonkar for defendant no.4 present.
Earlier order, if any, to continue till next date.
Matter is adjd to 05.08.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv. Mayuri Mangeshkar h/f. Adv. Rajeev Matkar for the plaintiff present.
Plaintiff no.3 present.
Adv. Ms. Harshida Darji h/f. Adv. Kandekar for defendant no.1/MHADA present.
Adv. Mr. V.S. More for defendant no.4 present.
As Court is busy in hearing ABA 1547/23, framing charge and dictating orders in BA in SC 158/23 and ABA 1657/23 hence, adjourned.
Earlier order if any, is continue till next date.
Matter is adjd to 22.08.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Plaintiff no.3 present.
Adv. Ms. Janhavi Kandekar h/f adv. K.N.Kandekar for defendant/MHADA present.
Adv. Mr. More for defendant no.4 present.
As Court is busy in recording evidence in SC no. 1198/19 and SC 333/20  and argument on revision no.58/18 hence, adjourned.
Earlier order to continue till next date.
Matter is adjd to 28.08.2023 for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Plaintiff no.3 present.
Adv. Mr. Purva Tendulkar for plaintiff present.
Adv. Mr. Gaonkar for the defendant no.4 present.
F.R.S.R following order is passed below N/M no.75/2020
OPERATIVE PART OF ORDER
1.  	Notice of Motion No.75/2020 is made absolute subject to costs of Rs.500/-.
2.   	Delay of 9 days for filing written statement is hereby condoned.
3.	After making payment of costs of Rs.500/-, written statement be taken on record.
4. N/M no. 75/2020 is disposed of accordingly.
Interim order to continue till next date.
Matter be sent back to concern Court for further hearing.
Matter is adjd to 25.09.2023 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: Plaintiff no.3 present.
None present for defendant.
The matter is kept for order on N/M but the argument was heard since long due to engaging under trial matters hence, it will be better to re-hear the argument on N/M. Hence, matter is fixed for hearing on N/M a fresh and matter be sent to the concerned Court for re-hearing the argument.
Matter is adjd to 16.10.2023 for hearing on N/M.
L.O. at 03.00p.m.
Adv. Ms. Purva Pendulkar for plaintiff present.
Adv. Mr. Akshay Pawar for defendant no.2 and 3 present.
Adv. Gaonkar a/w. Adv. More for defendant no.4 present.
Exh.10  Written statement of defendant no.4.T.O.R.
Advocate for plaintiff received costs of Rs.500/-.
Earlier order to continue till next date.
Matter is already adjd to 16.10.2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Plaintiff No. 3 is present.
Adv. Ms. Prachi Pendurkar h/f Adv. Matkar for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No. 1/
MHADA is present.
None present for defendant Nos. 2 and 3.
Adv. Mr. V.S. More a/w Adv.  Gaonkar for defendant No. 4 is present.
Matter is adjourned to 10.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Plaintiff no. 3 is present.
Adv. Ms.Chinmai Parvate h/f Adv. Matkar for the plaintiff is present.
Adv. Mr. Kandekar for defendant no.1 is present.
Adv. Ms. Priyanka Acharya 2 and 3 is present.
Adv. Mr. R.Y Gaonkar for defendant no.4 is present.
Earlier order, if any to continue till next date.
Adjourned for NM hearing to 26.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Adv. Mr.Rajeev Matkar for the plaintiff is present.
Adv. Mr.Kandekar for defendant no.1/MHADA is present.
Adv. Mr.Kunal Bhanage for defendant no.2 and 3 is present.
Adv. Mr.R.Y.Gaonkar  for defendant no.4 is present.
Heard argument of ld. advocate for plaintiff and defendant no.1.
Matter is adjourned to 07.03.2024 for argument of defendant no.1 to 3 NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: Adv. Mr.Chinmai Parvate h/f Adv. Rajeev Matkar for the plaintiff no.3 is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.1 /MHADA is present.
Adv. Mr.Kunal Bhanage for defendant no.2 and 3 is present.
Adv. Mr.R.Y.Gaonkar for defendant no.4 is present.
Heard argument by ld adv. defendant Nos.2, 3 and 4 in NM No.4334/19.
Adv. for plaintiff seeks time to give reply to the argument.
Matter is adjourned to 15.03.2024 for Reply argument by plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Adv. Mr. Rajeev Matkar for the plaintiff is present.
Adv. Mr. Kandekar for defendant/MHADA is present.
Adv. Akshay Pawar i/b. Adv. Kunal Bhauage for Deft. Nos. 2 and 3 is present.
Adv. Mr. R. Y. Gaonkar for deft. no. 4 is present.
Adv. for plaintiff tendred list of documents. T.O.R.
Heard further arguments of both the sides on NM No. 4334/19.
Adv. for def no. 4 tendered draft NM alongwith affidavit.
Order - Leave granted to register NM.
EOC in NM 1225/21 to continue till next date.
Matter is adjourned to 30.03.2024 for order on NM No 4334/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Plaintiff no.3 is present.
Adv. Ms.Chinmai Parvate h/f Adv. Rajeev Matkar for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant No.1 /MHADA is present.
Adv. Mr. Kunal Bhauage for defendant no. 2 and 3 is present.
Adv. Mr. R.Y. Gaonkar  for defendant No.4 is present.
F.R.S.R. the following Order is passed on NM No. 4334 of 2019.
- O R D E R -
1.  Notice of Motion No.4339 of 2016 in Suit No.2679 of 2019
     stands dismissed with cost.
2.  Notice of Motion stands disposed of accordingly.
Advocate for the defendant No.4 tendered registered N/M No.1245/2024 along with affidavit in support. t.o.r. and he seeks time to serve NM to other parties.
Matter is adjourned to 21.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Matter pertains to C.R.No.9
Adv. Mrs. Chinmayi Parvate h/f Adv. Mr Rajeev Matkar for the plaintiff is present.
Adv. Ms.Shweta Yadav h/f Adv. Mr. Kandekar for defendant No.1/ MHADA is present.
Adv. Mr. Kunal Bhanage for Deft. Nos. 2 and 3 is present.
Adv. Mr. R.Y. Gaonkar for Deft. No.4 is present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 24.07.2024 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Adv. Ms.Urmi Jadeja h/f Adv. Rajeev Matkar for the plaintiff is present.
Adv. Ms. Shweta h/f Adv. Kandekar for defendant No.1/MHADA is present.
Adv. Mr.Akshay Pawar for defendant No.2 and 3 is present.
Adv. Mr.R.Y Gaonkar for defendant no.4 is present.
Earlier order, if any, to continue till the next date.
Matter is adjourned to 04.09.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for plaintiff and sought adjournment.
Adv. R. Y. Gaonkar present for defendant no. 4.
Adv. Akshay Pawar for defendant no. 2 and 3 present..
None present for other defendants.
Earlier order if any, to continue till next date.
Matter is adjourned to 11/10/24 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: Adv. Ms. Urmi Jadeja h/f. Adv. Rajeev Matkar for plaintiff is present.
Adv. Diamondwala for deft. no. 1 is present.
Adv. Mr. B.N. Shukla for deft. No. 2 is present.
Adv.Akshay Pawar for Deft. No.3 is present.
Adv. Mr. V.S. More for Deft. No.4 present.
Adv. Ms. Harshita Darji h/f. Adv. Mr. Kandekar for Deft./MHADA is present.
Reply filed by Adv. deft. Nos.2  and 3 to NM No.1245/2024.
Earlier order if any, to continue till next date. Parties have to argue Notice of Motion for injunction  and plaintiff and MHADA to file to reply NM.
Matter is adjourned to 22.11.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for plaintiff.
Adv. R. Gaonkar present for defendant no. 4.
Adv. Akshay Pawar for defendant no. 2 and 3 present.
Earlier order if any, to continue till next date.
Matter is adjourned to 17/01/25 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for plaintiff.
Advocate Akshay Pawar i/b Adv.  Kunal Bhamage for defendant no. 2 and 3 present.
Adv. Kandekar present for defendant no. 4.
Plaintiff seeks time to file reply on NM no. 1245/2024. O- Time granted as last chance.
Adv. for plaintiff and all defendants submitted that, the pleading in motion no. 1488/2021 and 1489/21, 1225/21, 1219/21 have been completed. Hence, Matter is adjourned for reply by plaintiff on NM no. 1245/2024/hearing on other NM to 27/02/25.
Earlier order if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2025

Date: 27-02-2025
Business: 27-02-2025
Sr. No.47
CORAM: H.H.J. DR. S. D. TAWSHIKAR, CITY CIVIL COURT, MUMBAI (C.R. NO. 08)
Suit No.
2679/2019
NM 1488/21
NM 1219/21
NM 1225/21
NM 1489/21
NM 1245/24
(Matter pertains to C. R. No. 9.)
Adv. Ms.Urmi Jadeja h/f Adv. Mr.Rajeev Matkar for plaintiff is present.
Adv. Mr. Akshay Pawar for Deft. Nos. 2 and 3 is present.
Adv. Mr. R.Y. Gaonkar for Deft. No.4 is present.
Earlier order, if any, to continue till next date.
Matter is adjourned for N/M Reply to 21/03/2025.
                                                                                             I/c. Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Adv. Urmi Jadeja h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Gaonkar present for Plaintiff present in counter claim and holding defendant no. 4 in suit.
Advocate Kunal Bhamage a/w Adv. Akshay Pawar for defendant no. 2 and 3 present.
Adv. for plaintiff seeks time to file reply on NM. O- Time granted as last chance.
Earlier order if any, to continue till next date.
Matter is adjourned for reply on NM no. 1245/24 and hearing on other NM to 03/05/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: None present for plaintiff.
Adv.  Akshay present for defendant no. 2 and 3.
Adv. More present for defendant no. 4.
As plaintiff is absent, Matter is adjourned to 24/07/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: Adv. Sawant present for plaintiff.
Adv. Akshay Pawar present for defendant no. 2 and 3.
Advocate Gaonkar for defendant no. 4 present.
Adv. for plaintiff filed application for adjournment. t.o.r. marked as Exh. 10.  O- Adjournment granted.
She again filed another application for continuation of earlier order. t.o.r. marked as Exh. 11. O- Other side to say.
Copy served to the other side.
Matter is adjourned for filing say on Exh. 11 and NM hearing to 18/08/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: Adv. Rajeev Matkar present for plaintiff.
Adv.Devayani Pawar h/f Adv.Kandekar present for defendant(MHADA).
Adv. Kunal Bhange for defendant No.2 and 3 present.
Adv. R.Y.Gaonkar for defendant No.4 present.
KB LO at  3.45 p.m.
Heard arguments of plaintiff on NM 1225/21 and NM 1488/21 of Advocate for plaintiff.
Matter is adjourned to 02.09.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. S.V. Thorat h/f Adv. Rajeev Malkar present for plaintiff and filed written notes of arguments on NM no.1225/2021. TOR and marked as Exh.12
Adv. Devayani Pawar h/f Adv. K. N. Kandekar present for defendants.
Adv. Kunal Bhanage a/w Adv. Akshay Pawar present for Defendant nos.2 and 3.
Adv. R.Y. Gaonkar present for Defendant no.4.
Heard arguments of both sides on NM 1225/2021.
Matter is adjourned to 20.09.2025(morning session) for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-09-2025

Date: 20-09-2025
Business: Adv. Mayuri Mangeshkar h/f Adv. Rajeev Matkar present for plaintiff and filed gist of arguments in rejoinder. TOR and marked as Exh.13.
She also filed list of documents. TOR and marked as Exh.14.
She filed list of judgments. TOR and marked as Exh.15.
Adv. Akshay Pawar present for defendants.
Adv. R. Y. Gaonkar for defendant no.4 present.
Matter is adjourned to 15.10.2025 for NM orders on NM 1225/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: Adv. S. V. Thorat h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Devyani Pawar h/f Adv. Kandekar present for defendant/MHADA.
Heard arguments of both sides on NM 1225/2021
Matter is adjourned to 03.11.2025 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Kunal Bhanage present for defendant no.2.
None present for other defendants.
Matter is adjourned to 15.11.2025 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-11-2025

Date: 15-11-2025
Business: Plaintiff no.2 present.
Adv. Mayuri Mangeshkar i/b Rajeev Matkar present for plaintiff.
Adv. Vasim Siddiqui present for defendant no.2.
Adv. Harshita Darji h/f Adv. Kandekar for defendant/MHADA present.
KB LO at 3.58pm
Court raised a query to plaintiff on rehab and Permanent Alternative Accommodation hence, adjourned for hearing on that point.
Matter is adjourned to 18.11.2025 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: Adv. Rajeev Matkar present for plaintiff.
Adv. Harshita Darji h/f Adv. Kandekar for defendant no.1/MHADA present.
Adv. Akshay Pawar present for defendant nos.3 and 4.
Heard arguments of Advocate for plaintiff and defendant no.3 and 4.
Matter is adjourned to 01.12.2025 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: None present for plaintiff and defendants.
KB LO at 4.55pm
Adv. Akshay Pawar for defendant no. 2 and 3 present.
Heard further arguments of advocate for defendant no.2 and 3.
Matter is adjourned to 10.12.2025 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: None present for plaintiff.
Adv. Akshay Pawar present for defendant nos.2 and 3.
The Court is busy in hearing argument in NM nos.2145/2025 and 2765/2024 in Suit no.4364/2024 and dictating Order in other matters hence, Matter is adjourned to 16.12.2025 for NM Orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Adv.Pooja Kharat present for plaintiff.
Adv. Akshay Pawar present for defendant no. 2 and 3
As court time is over hence Matter is adjourned to 19.12.2025 NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2025

Date: 16-12-2025
Business: Adv.Pooja Kharat present for plaintiff.
Adv. Akshay Pawar present for defendant no. 2 and 3
As court time is over hence Matter is adjourned to 19.12.2025 NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: Plaintiff present.
Adv. Akshay Pawar present for defendant.
F.R.S.R. following Order is passed on NM no.1219/2021
ORDER
1.Notice of Motion no.1219 of 2021 stands rejected.
2.The Notice of Motion disposed of accordingly.
3.The order is digitally signed hence, it be uploaded on Case Information System (CIS) and the printout of the digitally signed order, additionally signed by me be kept on record as the physical record is maintained by the Court.
F.R.S.R. following Order is passed on NM 1488/2021 and 1489/2021
1.  The Notice of Motion nos.1488/2021 and 1489/2021 are kept pending for the period of one month from the date of uploading the order passed in Notice of Motion No.1225/2021 in CIS.
F.R.S.R. following Order is passed on NM No.1225/2021
1. The Notice of Motion No. 1225/2021 is hereby allowed.
2. The defendant No.2 is directed to deposit the arrears of Transit Rent at the rate of Rs.55,000/- per month from 01.04.2021 for the period 01.04.2021 to 31.12.2025 in the Court within one month from the date of uploading of the order in CIS.
3.The defendant No.2 further directed to deposit the rent at the rate of Rs. 55,000/- from 01.01.2026 till the decision of Notice of Motion No. 1245/2021.
4.The Notice of Motion is disposed of accordingly.
Matter is adjourned to 02.02.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Mayuri Mangeshkar Mokal i/b Adv. Rajeev Matkar present for plaintiff.
None present for defendants.
The Court is busy in dictating Judgment in Suit no.4423/2013 and dictating order in NM no.4410/2025 hence, Matter is adjourned to 04.03.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2026

Date: 04-03-2026
Business: Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for plaintiff.
None present for defendants.
Defendant no.2 absent. No compliance as directed is done. Hence, Matter is adjourned to 20.06.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Matter pertains to C.R. No.9
Not on board/Taken on board
Writ is received from the Honble High Court in APPEAL FROM ORDER NO.107 of 2026 WITH INTERIM APPLICATION NO. 632 OF 2026(For Stay) (CORAM  MILIND N. JADHAV, J) has passed the following order on 5th March, 2026.
Order
P. C.
12.The Trial Court shall take adherence of this order and accordingly renumber the Counter Claim as an independent Suit and proceed with the same in accordance with law.
13.Needless to state that as provided in the Consent Minutes of Order which are filed by Plaintiffs and Developer, the same directions shall also apply so far as allotting Flat No.201 to Defendant No.4 is concerned. Same directions and timeline for executing the Agreement shall also apply to Defendant No.4.
14.Infact, Developers represented by Mr. Bhanage has informed the Court that the keys to the respective flats have been brought to the Court and in the presence of the Court the keys to Flat No.201 are handed over to Defendant No.4 who is present in Court through Mr. Tandel whereas the keys to the other three flats are handed over to Mr. Patil, Advocate for Plaintiffs which are handed over to them before me.
15.Keeping all contentions of Defendant No.4 expressly open in accordance with law, in view of the above, Appeal From Order is disposed.
16.In view of disposal of Appeal From Order, pending Interim Application No.632 of 2026 is accordingly disposed.
Original Writ alongwith Order dtd. 05.03.2026 is returned to the Department and copies thereof are taken on record.
Matter is already adjd. to 20.06.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: Matter pertains to C.R. No.09
Not on board, taken on board.
Order below Exh.1
Writ received from Honble High Court in Appeal From Order No.107/2026 with Interim Application No.632 of 2026 dated 05.03.2026. Honble High Court in para 10 directed as follow
10. Needless to state that once the Suit is now withdrawn by Plaintiffs virtue of the Consent Minutes of Order which are filed by Mr. Bhanges and Mr. Patils clients, the said Counter Claim of Defendant No.4 will have to be treated as an independent Suit Plaint and the same will have to be renumbered in accordance with law by the concerned Trial Court.
Honble High Court also directed in para 11 as follows
11. In view of the present order and the agreement by Defendant No.4 that she will take Flat No.201, the first relief prayed by Defendant No.1 in her Counter Claim that Defendant No.4 will be entitled to Flat No.202 now stands rejected by this Court. Needless to state that the second relief in the Counter Claim in respect to entitlement of any amount from the Developer or from her siblings shall remain as it is with leave and liberty to Defendant No.4 to pursue the Counter Claim as an independent Suit proceeding in accordance with law
Honble High Court also directed in para 12 as follows
12. The Trial Court shall take adherence of this order and accordingly renumber the Counter Claim as an independent Suit and proceed with the same in accordance with law
Already date given on 04.03.2026 is 20.06.2026. It be preponed for compliance and kept on 05.05.2026. Hence, adjourned for compliance of order of Honble High Court.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: None present for plaintiff and defendants.
As both parties and their advocates are absent, Matter is adjourned to 20.06.2026 for NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for plaintiff.
Adv. Sarvesh Gawade i/b Adv. Kunal for defendant No.2 and 3 present.
Adv. R. Y. Gaonkar present for defendants No.4 in plaint and plaintiff in Counter Claim.
Both Adv. Submsitted that matter is settled before the Honorable High Court and plaintiff is going to withdraw this suit. But due to illness plaintiff is absent today. Considering the submission matter is adjourned.
Matter is adjourned to 30/07/2026 Notice of Motion hearing.
                                                                                                Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2026

Date: 30-07-2026
Business: Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar present for plaintiffs.
Adv. Akshay Pawar present for defendant nos.2 and 3.
Adv. R. Y. Gavkar for defendant no.4 present and submitted that his counter claim is pending before the Court.
Advocate for plaintiff submitted that plaintiff no.1 is ill therefore unable to remain present hence, today suit cannot be withdrawn. Considering submission, Advocate for plaintiff is directed to keep both the plaintiffs present before the court on next date/to take authorization in the name of plaintiff no.2 by way of poa, etc. to withdraw this suit on next date without fail.
Matter is adjourned to 01.09.2026 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: Plaintiff nos.2 and 3 present.
Adv. Jyoti Mishra h/f Adv. Rajeev Matkar present for plaintiffs.
Adv.  present for defendant no.4.
Advocate for plaintiff has filed pursis alongwith order passed by the Honorable High Court in APPEAL FROM ORDER NO. 107 OF 2026 WITH INTERIM APPLICATION NO. 632 OF 2026 IN APPEAL FROM ORDER NO. 107 OF 2026 dated 05.03.2026. TOR and marked as Exh.16. O-Defendant to say. Advocate for defendant no.4 also filed copy of order passed by the Honorable High Court in APPEAL FROM ORDER NO. 107 OF 2026 WITH INTERIM APPLICATION NO. 632 OF 2026 IN APPEAL FROM ORDER NO. 107 OF 2026 dated 05.03.2026. TOR.
Matter is adjourned to 05.09.2026 for filing say on Exh.16.
Next Purpose: FILING SAY
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: In view of Letter No. X(Gen)-0202/2026/1481, dated 03.09.2026 received from Honorable Bombay High Court by City Civil Court as well as Office Order No. 270 of 2026 dated 04.09.2026 of the Honorable Principal Judge of City Civil Court as on 05.09.2026 a holiday is declared on account of Gopalkala. Therefore this matter is adjourned to   06.10.2026 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 06-10-2026

NOTICE OF MOTION/101225/2021
NOTICE OF MOTION/100075/2020
NOTICE OF MOTION/101489/2021
NOTICE OF MOTION/101488/2021
NOTICE OF MOTION/104334/2019
NOTICE OF MOTION/101245/2024
NOTICE OF MOTION/101219/2021

Registration Number: 102679/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102679/2019
Transfer Date: 06-06-2023
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 17 - COURT 17 ADDL SESSIONS JUDGE

Registration Number: 102679/2019
Transfer Date: 26-09-2023
From Court: 17 - COURT 17 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 110386/2019
Filing Date: 24-09-2019
First Hearing Date: 23rd October 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE