Date: 13-11-2019
Business: Adv. Shivraj for plaintiff present and tendered registered Chamber Summons No.1988 of 2019 - tor
Copy is given to other side.
Adv. Darshan Jain for defendant No.1 and 2 present
CA of plaintiff present.
Adjourned for reply to 10.12.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. D\''souza for plaintiff present.
Adv. Darshan Jain for defendant present.
He filed reply to Chamber summons 1988/19. t.o.r.
Copy given to other side.
Adjourned for Chamber summons hearing and rejoinder to 17.01.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. D\''souza for plaintiff present.
Adv. Kudalkar for defendant No. 1 and 2 present.
Affidavit filed by defendant NO. 6 informing that in writ petition no 5315/19 stay order has been passed by High Court tin relation to present suit.
In view of statement on oath matter is to be adjourned with direction to defendant No. 6 to file true copy order dated 16.01.2020 on record.
Adjourned for compliance to 13.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv D\''souza for plff present.
Adv Vaibhavi Pawar for deft no. 1 and 2 present.
Adv for plff filed on record photo copy of true copy of order dated 16/01/2020 in W. P. No. 5315/2019 stating that present suit is stayed by the Hon\''ble High Court.
Matter stands Adj for suit stayed to 26/03/2020.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: SUIT STAYED
Next Hearing Date: 07-04-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: SUIT STAYED
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: SUIT STAYED
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: SUIT STAYED
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUIT STAYED
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 10-12-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present.
Matter stands Adj for suit stayed to 15/02/2021.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Poonam Khopkar for plff present.
Adv Kundalkar for deft no. 1 and 2 present.
Exh 24 - Adv for plff filed application for return of documents. t.o.r.
She is directed to serve copy of application on other side.
Matter stands Adj for Service and Reply on Exh. 24 to 05/04/2021.
Next Purpose: SERVICE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Due to Covid-19, Matter adjourned.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None for plff.
Adv Kudalkar for the deft no. 2 is present.
Matter is stayed.
Matter stands Adj for Reply on Exh. 24 and affidavit of service of CS 1988/2019 to 16/11/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: None for plff.
Adv Darshan Jain for deft no. 1 and 2.
Matter is stayed.
Both parties are directed to file status report.
Matter stands Adj for Affidavit of Service of CS and hearing Exh. 24 (Suit Stayed) to 30/11/2021.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv Poonam Khopkar for plff present.
None for defts.
Defts failed to file reply to Exh. 24 i.e. the application filed by plff for return of original documents.
Heard Adv for plff.
Perused the record. Original Power of Attorney dated 05/02/2015 (Exh. 16) is on the record. However Original Agreement dated 15/07/1987 is not on the record. As matter is stayed by Hon\''ble High Court, application Exh. 24 is partly allowed. Register (Civil) is directed to return Original Power of Attorney dated 05/02/2015 to the plff after obtaining photo copy of the same.
She seeks time to file affidavit of service of CS. Granted.
She is also directed to file status report of Writ Petition pending before the Hon\''ble High Court.
Matter stands Adj for Affidavit of Service (Suit Stayed) to 14/01/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: P.O. is on leave, matter is adjd to
Next Purpose: SUIT STAYED
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Poonam Kotakar for plaintiff present.
None for defendant.
Matter is adjd for stayed to 06/09/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for stayed to 17/11/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Poonam Kotkar for plaintiff present.
None for defendant present.
Parties are directed to give status report.
Parties are directed to give CTS number of suit property.
Matter is adjd as stayed to 27/02/2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv. Poonam Kotkar for plaintiff present.
Plaintiff present.
None for defendant present.
Suit is stayed. Status report filed on record
Matter adjourned as stayed to 26/06/2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Ms. Poonam Kotkar for plaintiff present.
Adv. Mr. Pathak h/f Adv. Suraj Kudalkar for defendant no. 1 and 2 present.
Application filed by plaintiff for return of original agreement dated 15.07.1987 (Exh-8). TOR and marked as Exh-26.
KB
LO at 4.00 P.M.
As the matter is stayed by the Honble High Court application Exh-26 is allowed. Registrar Civil is directed to return the original agreement dated 15.07.1987 (Exh-8) to the plaintiff after obtaining certified copy of the same. The plaintiff is directed to produce that copy on record as and when ordered by the court. Accordingly, Exh-26 is disposed of.
Matter adjourned on 18.09.2023 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-09-2023
Date: 26-06-2023
Business: Adv. Ms. Poonam Kotkar for plaintiff present.
Adv. Mr. Pathak h/f Adv. Suraj Kudalkar for defendant no. 1 and 2 present.
Application filed by plaintiff for return of original agreement dated 15.07.1987 (Exh-8). TOR and marked as Exh-26.
KB
LO at 4.00 P.M.
As the matter is stayed by the Honble High Court application Exh-26 is allowed. Registrar Civil is directed to return the original agreement dated 15.07.1987 (Exh-8) to the plaintiff after obtaining certified copy of the same. The plaintiff is directed to produce that copy on record as and when ordered by the court. Accordingly, Exh-26 is disposed of.
Matter adjourned on 18.09.2023 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Advocate Ms. Poonam Kotkar for plaintiff present.
Advocate Mr. Darshan Jain for defendant no.1 and 2 present.
Matter adjourned on 26.09.2023 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-09-2023
Date: 18-09-2023
Business: Advocate Ms. Poonam Kotkar for plaintiff present.
Advocate Mr. Darshan Jain for defendant no.1 and 2 present.
Matter adjourned on 26.09.2023 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Poonam Kotkar for plaintiff present and filed pursis that matter is pending before Hon’ble High Court.
None present for def.
As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
Matter is adj. for stayed to 30/11/2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Advocate Ms. Poonam Kotkar for plaintiff present.
Defendant and advocate absent.
Matter adjourned on 05.02.2024 as suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-02-2024
Date: 30-11-2023
Business: Advocate Ms. Poonam Kotkar for plaintiff present.
Defendant and advocate absent.
Matter adjourned on 05.02.2024 as suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Advocate Ms. Poonam Kotkar for plaintiff present.
Advocate Ms. Vaibhavi Pawar for defendant present.
Plaintiff is directed to file present status of the suit.
Matter adjourned on 05.04.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Advocate Ms. Poonam Borkar for plaintiff present.
Defendant and advocate absent.
Matter adjourned on 24.06.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-06-2024
Date: 05-04-2024
Business: Advocate Ms. Poonam Borkar for plaintiff present.
Defendant and advocate absent.
Matter adjourned on 24.06.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Advocate Poonam Kotkar for plaintiff present.
Plaintiff is directed to file present status.
Matter is adjourned on 04.09.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Advocate Poonam Kotkar for plaintiff present and filed the pursis.
Plaintiff is directed to submit the latest position of stay granted by the Honble High Court.
Defendant and advocate absent.
Matter is adjourned on 18.12.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-12-2024
Date: 04-09-2024
Business: Advocate Poonam Kotkar for plaintiff present and filed the pursis.
Plaintiff is directed to submit the latest position of stay granted by the Honble High Court.
Defendant and advocate absent.
Matter is adjourned on 18.12.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Advocate Ms. Poonam Khotkar for plaintiff present and filed pursis.
Matter is adjourned on 15.04.2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-04-2025
Date: 18-12-2024
Business: Advocate Ms. Poonam Khotkar for plaintiff present and filed pursis.
Matter is adjourned on 15.04.2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Advocate Ms.Poonam Kotkar for plaintiff present and filed pursis alongwith order stating that matter is stayed by the Honble High Court.
Defendant and advocate absent.
Matter is adjourned on 28.08.2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: P.O IS ON LEAVE
Next Purpose: SUIT STAYED
Next Hearing Date: 10-12-2025
Date: 28-08-2025
Business: P.O IS ON LEAVE
Next Purpose: SUIT STAYED
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: Advocate Poonam Kotkar for plaintiff is present. She submitted that matter is still stayed by the Honble High Court. Hence adjourned.
None present for defendant.
Matter adjourned to 04.03.2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: Advocate Poonam Kotkar for plaintiff is present.
None present for defendant.
Matter adjourned to 29.06.2026 as Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Advocate Poonam Kotkar for plaintiff is present.
None present for defendant.
Matter adjourned to 27.07.2026 as Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: None present.
The Writ Petition no.5315/2019 is disposed off by order dated 08.05.2026. Since then no party has taken steps. Case has been for evidence of defendants prior to it reached Honble High Court. Hence, the suit to proceed without further evidence of defendants.
Post for arguments.
Matter adjourned to 05.08.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2026
Date: 05-08-2026
Business: None for plaintiff.
Advocate Mr. Kudalkar for defendant no. 1 and 2 is present.
Chamber summons no. 1988/2019 has not been prosecuted since a long time even after the order of Honble High Court in Writ Petition No. 5315/2019 dated 08.05.2026, hence the Chamber Summons no. 1988 of 2019 is dismissed in default.
Matter adjourned to 10.08.2026 for final argument in the suit.
Later on at 6.00 P.M.
Advocate Poonam Kotkar for plaintiff is present. She filed application for restoration of C/S. O- Allowed Order of dismissal recalled.
Matter adjourned to 10.08.2026 for final argument in the suit.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2026
Date: 05-08-2026
Date: 10-08-2026
Business: Advocate Poonam Kotkar for plaintiff is present.
Advocate Mr. Kudalkar for defendant is present.
Kept back
Later on at 5.30 P.M.
Advocate Aditya Rage h.f. Kudalkar for defendant no. 1 is present.
This is C/S for amendment by way of insertion of paragraphs 20A to 20D and addition of prayer clause b for mesne profits in the amount of Rs.2.00 Cr. and with another prayer clause bb for declaration that suit agreement dated 15.07.1987 be cancelled and for restraining defendants in perpetuity. The C/S seeks to add proposed defendant no. 6.
None for applicant / plaintiff. Perused the application, reply. Heard advocate for defendant.
The addition of proposed defendant no. 6 is without any reason. Nothing is mentioned in justification thereof. Hence, the amendment is unjustified.
The addition of relief of mesne profits in the amount of Rs.2.00 Cr. and the incidental pleadings by way of paragraphs 20A to 20D are irrelevant to the cause of action for the suit for specific performance of contract for development, in pursuance of which, defendants are put in possession, which cannot be said to be wrongful possession for attracting validity of claim to mesne profits defined u/S. 2(12) of C.P.C., which cannot be claimed without there being pleading in the suit that defendant is in wrongful possession. Hence these additions of the proposed paragraphs 20A to 20D and addition of prayer clause b completely displace the original cause of action. Addition relief of mesne profits is inconsistent with the main relief of specific performance of contract.
The addition of prayer clause bb for declaration that, suit agreement dated 15.07.1987 be cancelled has become time barred.
For the aforesaid reasons the amendments proposed by way of C/S cannot be allowed.
ORDER
C/S is dismissed.
Post for final argument
Matter adjourned to 07.07.2026 for arguments.
Nature Of Disposal: DISMISSED
Disposal Date: 10-08-2026
