Roshan M. OfficewwalaVsFaruk Mustan Officewala And Ors

Date: 09-10-2019
Business: Matter called out(4.04pm)
Adv.Avadhesh Nathani for plaintiffs present.
Adv.Niranjan Bhadary for defendant no.6 i/b Lodha Legal present.
Plaintiff tendered registered C/S No.1768/19.
The original plaintiff died on 05/08/2019 the applicants are his legal heirs.  Looking to the nature of suit, the right to sue survive the application is within limitation. Hence, I pass following order on Chamber Summons No.1768 of 2019
1. Chamber Summons No.1768 of 2019 is allowed in terms of prayer clause (a) and (b).
2. The applicant to carryout amendment as per schedule within 14 days.
3. Chamber Summons No.1768 of 2019 is disposed off.
Plaintiff tendered original registered Notice of Motion no.3693/19.
Copy serve to the defendant no.8 and 6. Defendant seeking time to file reply.
Defendant no.8 tendered registered Notice of Motion no.3772 of 2019. Copy serve to the plaintiff.
Plaintiff seeking time to file reply. Time granted.
In view of the fact that, original plaintiff who was senior citizen has expired and matter pertains to MHADA put the matter before registrar for allocating the matter before proper court.
Adv.Mrs.V.S.Prabhu for def. no.8 (MHADA )filed VP.
Exh-32.T.O.R.
Matter is adj to 02/11/19 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: The Court is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Nathani for plaintiff , he filed draft Ch/s. Leave to regisaater is granted. Copy is served to defendant No.6 to 8.
Adv. of plaintiff tendered fresh V/ pfor legal heris deceadsed plaintiff No.1.
Plaintiff No.
He also filed rejoinder for NM - 3693/19 and  reply to NM -3772/19 t.o.r.
Adv. Hendade for defendant No.7 present.
Adv.Ms.Prabhu for MHADA/deft.No.8 Present., she filed reply to NM 3693/19 t.o.r.
Adv. Rohini Borade for defendant NO.6 preesnt.
Matter adjd for  reply by defendant No.7  hearing to 04.12.209.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. Ankita Patel for plaintiff present. She tendered registered Ch/S No. 2143/19 AW affidavit in support.
Adv. Ayush Khandeval for defendant no.6 present.
Adv. Prabhu for defendant/MAHDA no. 8 is present.
Matter adj for Compliance on 07/01/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Nathani for Plaintiff is present.
Adv.Prabhu  for defendant no.8 is present.
Adv.Chandramore  for defendant no.9 is present.
Adv. Bhadang for defendant no.6  is present.
Adv. Kudalkar for defendant no.1 and 2 is present.
Adv. Haindaday for defendant no.7 is present.
By this Ch/S, the plaintiff has prayed for setting aside abatement order against defendant no.7, for condonation of delay of 261 days and for permission to bring the legal heirs of  deceased defendant no. 7 on record.  Adv. of defendant no. 1,2,6 to 9 submitted that they have no objection if the Ch/S is allowed.  The copy of death certificate of defendant no. 7 reflects that he died on 10/04/2013 and it was intimated by adv. of defendant no. 7 to adv. of plaintiff vide letter dated 01/11/2018.  Therefore, in the interest of justice Ch/S No. 2143/2019 is made absolute in terms of prayer clause (a) to (e). Defendant no. 7a to 7e have already put their appearance on record.  Plaintiff is directed to make the compliance of the order within 14 days and copy of amended plaint be served on defendants.
Matter is adjd. for NM reply by defendant no. 7a to 7e/compliance by plaintiff  to 15/01/2020 .
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Matter is adjd.to 21.01.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Matter is adjd.  to 19.03.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up. 17.06.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Matter is already disposed of on 06.10.2020. In view of disposal of suit 2144/10 NM disposed of.
Nature Of Disposal: OTHER
Disposal Date: 21-12-2020

Main Case No: SUIT/0102144/2010
Main Cnr: MHCC010026842010
Main Filing No: 111447

Registration Number: 103693/2019
Transfer Date: 02-11-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 110737/2019
Filing Date: 03-10-2019
First Hearing Date: 09th October 2019
Decision Date: 21st December 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE