Mr. Rajaram Atmaram JikamadeVsLodha Developers Ltd. Lodha Excelus +4 more

Date: 20-07-2021
Business: due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Shinde for plaintiff present.
None for defendant.
Matter is adjd. to 4/12/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Adv Anand Shinde present for the plaintiff.
None present for the defendant.
Matter is adjd. to 18.02.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for both the parties.
Plaintiff is directed to file service affidavit.
Matter is adjd. for filing service affidavit to 20/6/2022.
LO at 1.30 pm
Adv. Anand Shinde for plaintiff present.
Plaintiff to take steps for service of summons to the defendants.
Already adjd. to 20/6/2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None present for plaintiff.
None present for defendant.
Issue writ of summons to the defendants as per rules.
Matter adjourned for service of writ of summons to 06/07/22.
Next Purpose: SERVICE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present for plaintiff.
None present for defendant.
As Plaintiff and his advocate are absent and did not take steps for service of writ of summons.
Matter adjourned for order to 12/08/2022.
Next Purpose: ORDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, and did not take steps for service of writ of summons, Matter adjourned for dismissal order to 17/09/22.
l.o. at 11.07 am.
Adv. Anand shinde present for plaintiff.
Adv. Akshay more hf adv. Sneha kadam present for defendant no. 04 and 05 and tendered vakalatnama on behalf of defendant no. 04 and 05. t.o.r marked as Exh.06.
adv. For plaintiff submitted to reissue writ of summons to defendant no. 01 to 03.
O- Issue writ of summons to the defendants 01 to 03 as per rules.
l.o. at 01.27 pm.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Anand shinde present for plaintiff and sought extension of service of writ of summons to defendant no. 01 to 03.
O- Time to serve the writ of summons to defendant no. 01 to 03 is extended till next date.
Adv. Akshay More present for defendant 04 and 05.
Matter adjourned for service of writ of summons to 15/11/22.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: None present for plaintiff.
None present for defendants.
As plaintiff and his adv are absent.
Matter adjourned for service of writ of summons/proof of service to defendant nos. 01 to 03/Proof of service to 22.12.22.
LO at 11.21 am.
Adv Anand Shinde present for plaintiff and sought extension of time for service of writ of summons  to defendant nos. 01 to 03.
Order
Time for service of writ of summons to defendant nos. 01 to 03 is extended till next date.
Next Purpose: SERVICE
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave, adjourned to
Next Purpose: SERVICE
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for service of writ of summons/proof of service of writ of summons to 27/03/23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present for plaintiff.
None present for defendants.
As plaintiff and his adv. are absent, Matter adjourned for service of writ of summons/proof of service of writ of summons to 12/06/23.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: As court is on leave. Board is discharge.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: Adv. Anand Shinde present for plaintiff and filed application for seeking extension of time to serve writ of summons on defendant Nos.1 to 3. TOR and marked as Exh.07. O- Allowed.
Matter adjourned for service of writ of summons/proof of service of writ of summons to 06.07.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Plaintiff in-person present.
Adv. Anand Shinde present for plaintiff. He requested for adjournment. Adjournment is granted as last chance.
On oral request of advocate for plaintiff, time is extended to serve writ of summons.
Matter adjourned for Service of writ of summons/proof of service of writ of summons to 31.07.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Adv. Anand Shinde for the plaintiff present.
Adv. Mansi Vora  present for defendant No.1.
Matter adjourned for Service of writ of summons/proof of service of writ of summons to 04.09.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: None present for the plaintiff.
Exh.1 Plaint.
Exh.2 Vakalatnama.
Exh.3 Adress Memo.
Exh.4 List of Document.
Janardan Patkar chairman of Def. No. 3 society present and tendered VP on behalf of Def. no. 3 along with WS of Def. no. 3. T.O.R. Marked Exh.5 and 6.
Copy of WS served on plaintiff.
Matter adjourned for Service of writ of summons/proof of service of writ of summons to 16.09.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Plaintiff in-person present.
Adv. Khyati Kanani i/b. Kanani and Co. present and tendered Vakalatnama on behalf of defendant No.1. TOR and marked as Exh.7. O-Filed.
Matter adjourned for Service of writ of summons/proof of service of writ of summons  and written statement to 27.09.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: None present for plaintiff.
Adv. Khyati Kanani i/b. Kanani and Co. present for defendant No.1.
Matter adjourned for Service of writ of summons/proof of service of writ of summons  and written statement to 29.09.2023.
Later on 05.30 p.m.
Adv. Khyati Kanani i/b. Kanani and Co. present for defendant No.1 and tendered draft notice of motion alongwith affidavit in support alongwith written statement. O-Leave granted to register notice of motion.
Matter adjourned for NM Service/Service of writ of summons/proof of service of writ of summons  and written statement to 21.11.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: None present for plaintiff.
Adv.  Amit Kanani i/b. Kanani and Co. present for defendant No.1 and tendered registered notice of motion No.3772/2023. Taken on record.
Adv. Khobragade present for defendant No.2/MHADA.
Matter adjourned for NM Service/Service of writ of summons/proof of service of writ of summons  and written statement to 07.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. Anand Shinde for plaintiff present
Adv.  Amit Kanani i/b. Kanani and Co. present for defendant No.1.
Adv. Khobragade present for defendant No.2/MHADA.
Matter adjourned for NM Service/Service of writ of summons/proof of service of writ of summons  and written statement to 18.12.2023
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: None for plaintiff present.
Adv.  Amit Kanani i/b. Kanani and Co. present for defendant No.1. Matter adjourned for NM Reply and hearing/Service of writ of summons/proof of service of writ of summons  and written statement to  08.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: None for plaintiff present.
Adv.  Khyati i/b. Kanani and Co. present for defendant No.1.
Adv. V. S. Khobragade present for defendant No.2.
Matter adjourned for NM Reply and hearing/Service of writ of summons/proof of service of writ of summons  and written statement to  18.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: Adv. Anand Shinde for plaintiff present.
Adv.  Amit Kanani i/b. Kanani and Co. present for defendant No.1.
Matter adjourned for NM Reply and hearing/Service of writ of summons/proof of service of writ of summons  and written statement to 05.02.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. Anand Shinde for plaintiff present.
Adv.  Amit Kanani i/b. Kanani and Co. present for defendant No.1.
Adv. V.S. Khobragade present for defendant/MHADA.
Matter adjourned for NM Reply and hearing/Service of writ of summons/proof of service of writ of summons  and written statement to 11.03.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: None for plaintiff present.
Adv. Harshida Darji i/b. Kanani and Company present for defendant No.1.
Adv. V.S. Khobragade present for defendant/MHADA.
Matter adjourned for NM Reply and hearing/Service of writ of summons to 07.05.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: None for plaintiff present.
Defendant No.3 in-person present.
Matter adjourned for NM Reply and hearing/Service of writ of summons to 23.07.2024.
Later on at 03.21 p.m.
Adv. Aditya Nair present for defendant No.1.
Plaintiff failed to file reply to notice of motion No.3772/2023. Hence, notice of motion No.3772/2023 shall be heard without reply of plaintiff.
Matter adjourned for NM hearing/Service of writ of summons to 23.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Shivaji Sawant h/f. Adv. Anand Shinde for plaintiff present.
Adv. Tarun Shetty i/b. Kanani and Co. present for defendant No.1.
Adv. V.S. Khobragade for defendant No.2/MHADA.
Learned counsel of plaintiff submitted that he desires to file say to notice of motion. 3772/2023. Permission granted.
Advocate for plaintiff endorsed say on notice of motion no.3372/2023 itself.
Heard argument of both sides on NM No.3772/2023.
Order on Notice of Motion No.3772 of 2023
      Perused notice of motion, affidavit in support thereof and say endorsed by advocate for plaintiff. Heard both sides.
        There is delay of 30 days in filing written statement, therefore defendant filed this notice of motion for condoning delay in presenting written statement. Defendant No.1 submits that it was served with suit summons on 28.07.2023, the defendant No.1 engaged an advocate. She appeared before Court on 31.07.2023. Thereafter defendant No.1 changed its advocate. The new advocate of defendant No.1 requested plaintiffs advocate to give inspection of original documents through e-mail. But there was no response from plaintiffs counsel. This caused delay in filing written statement. Defendant No.1 prayed accordingly.
        Learned counsel of plaintiff submitted that he has filed affidavit of evidence. He prayed for rejecting this notice of motion.
        There is a small delay of 30 days in filing written statement. Though the reason assigned by defendant No.1 is not enough to condone delay. Matter relates to immovable property. Such litigation deals with lifetime earnings of people. Therefore in such litigation, it is always desirable to grant opportunity to parties to contest the suit. Therefore in the interest of justice, it is a fit case to exercised discretion in favour of defendant No.1. With this I pass following order
ORDER
1) Notice of Motion No.3772 of 2023 is allowed subject to cost of Rs.1000/- payable to plaintiff.
2) Written statement of defendant No.1 shall be taken on record after defendant No.1 pays cost to plaintiff.
3) Notice of Motion No.3772 of 2023 stands disposed off.
Cost of Rs.1,000/- paid to advocate of plaintiff by advocate for defendant No.1.
Written statement of defendant No.1. taken on record and marked as Exh.8. O-R and R.
     Defendant No.2/MHADA, defendant Nos.4 and 5 failed to file their written statements. Suit shall proceed without written statement of defendant Nos.2,4 and 5.
Matter adjourned for Draft Issues to 08.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: None for plaintiff present.
Adv. Tarun Shetty i/b. Kanani and Co. present for defendant No.1. He tendered pursis. Taken on record and marked as Exh.9. O-Filed.
Matter adjourned for Draft Issues to 18.11.2024.
Later on
Adv. Nidhi Pawar h/f. Adv. V.S. Khobragade for plaintiff present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: None present for plaintiff.
Adv. V. S. Khobragade for defendant/MHADA present.
Matter adjourned for Draft Issues to 06.02.2025.
Later on at 11.56 a.m.
Adv. Amit Kanani i/b. Kanani and company for defendant No.1 present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: None for plaintiff.
None for defendants.
No draft issues filed by parties.
Matter adjourned for Draft Issues to 17.04.2025.
Later on at 01.00 p.m.
Adv. Kyati Kanani i/b. Kanani and Co. for defendant No.1 present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2025

Date: 05-05-2025
Business: None for plaintiff.
Adv. Amit Kanani i/b. Kanani and Co. for defendant No.1 present.
No draft issues filed.
Matter adjourned for Draft Issues to 28.07.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: None for plaintiff.
Adv. Amit Kanani i/b. Kanani and Co. for defendant No.1 present.
Parties failed to file draft issues. Hence, suit to proceed further.
Matter adjourned for framing Issues to 16.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: None for plaintiff and defendants.
Issues framed at Exh.8.
Matter adjourned for recording evidence to 02.12.2025.
Judge
Later on at 11.49 a.m.
Adv. Amit Kanani i/b. Kanani and Co. for defendant No.1 present and filed pursis Exh.9. Taken on record. Copy be serve on other side.
Matter is already adjourned for recording evidence to 02.12.2025.
Judge
Later on at 01.30 p.m.
Adv. Anand Shinde for plaintiff present.
Matter is already adjourned for recording evidence to 02.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: None present for plaintiff.
Adv. Khyati Kanani i/b. Kanani and Co. for defendant No.1 present.
Matter adjourned for recording evidence to 10.02.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: None present for plaintiff.
Adv. R. N. Bhavsar for defendant No.1 present and tendered vakalatnama Exh.10. Taken on record. O-Filed.
Matter adjourned for recording evidence to 09.04.2026.
 Judge
Later on at 01.00 p.m.
Adv. Anand Shinde for plaintiff present.
Matter is already adjourned for recording evidence to 09.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: None present for plaintiff and defendants.
Order below Exh.1
       Neither plaintiff nor advocate for plaintiff present. Matter is pending for recording evidence of plaintiff since long. Hence, keep in dismissal order caption.
Matter adjourned for dismissal order to 20.06.2026.
Judge
Later on at 12.59 p.m.
Adv. Rajkumar Bhawsar for defendant No.1 present.
Matter is already adjourned for dismissal order to 20.06.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: None present for plaintiff.
Adv. Rajkumar Bhawsar for defendant No.1 present.
Matter adjourned for dismissal order to 18.07.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: None present for plaintiff.
Adv. Vinod Nair h/f. Adv. Rajkumar Bhawsar for defendant No.1 present.
Defendant No.4 present.
Adv. Amruta Kundap h/f. Adv. V.S. Khobragade for defendant/MHADA present.
Court is busy in hearing final argument in Suit No.3581/2009 and Suit No.302/2016.
Matter adjourned for dismissal order to 14.08.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 14-08-2026

Date: 14-08-2026
Business: As per Office order No. 219 of 2026 dated 21-07-2026  Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from  02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 23-09-2026

Date: 23-09-2026
Business: P.O is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 21-11-2026

NOTICE OF MOTION/103772/2023

Registration Number: 101178/2021
Transfer Date: 05-04-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 112668/2019
Filing Date: 20-11-2019
First Hearing Date: 20th July 2021
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE