Amrutvel Co. Op. Hsg. Soc. Ltd.VsMrs. Pushpa Kishor Gharania +2 more

Date: 14-01-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
Issue writ of summons to the defts.
Matter is adjd. to. 03.04.2019 for report of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
Matter is adjd. to. 17.07.2019 for report of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Adv. for plff absent.
Deft and his advocate absent.
Matter for filing service report. the plaintiff filed the service report along with the acknowledgement of defendant no. 3. The plff was filed the service report in respect of deft no. 1 and 2. The plff is directed filed the acknowledgement receipt in respect of the deft no. 1 and 2.
Matter is adjd. to. 05/09/2019  for plaintiff file the acknowledgement receipts in respect of the deft no. 1 and 3 and Report of Service.
Next Purpose: REPORT
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None for plff.
It appears from Exh.3 that all the defts are served to RPAD but remain absent. Hence the defendants are ex-parte.
Adjd for filing evidence by plff to 10.01.2020.
Later On. At
Adv. Nishikant patil for plff present and tendered
affidavit of service upon defts alongwith RPAD ack. receipts. TOR.
Already adjd to 10.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Both parties are absent
Adjd to 02.03.2020 for R/E (Ex-parte).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None for plaintiff.
None for defendants.
Plaintiff and his Ld. advocate are absent when the matter is called on for hearing at 11.15 a.m.  Hence kept for dismissal on next date.
Adjd to 23-04-2020  for  Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Both the parties and advs absent
As the Court is busy in other matters, the matter is adjd to 23/11/2020.
Next Purpose: DISMISSAL
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Due to Covid-19, the matter is adjourned to 06.02.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Nishigandh Patil for plaintiff present.
None for deft.
Application for removing the case from the caption of dismissal order.
O. - Read application.  In the interest of justice, the order of dismissal is called back.
Affidavit of evidence of PW-1 Sanjay Bambhulkar filed by Adv. for plaintiff. T.O.R.
Verification of PW-1 is completed.
List of documents filed by Adv. for plaintiff.
The matter is adjd for hearing on admissibility of documents to 19.03.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: By preceipe.
Adv. Shailesh Redekar for deft. nos.1 and 2 present.
Vakalatnama filed on behalf of deft. nos.1 and 2.
O. - Seen and filed.
Draft N/M filed by Adv. for deft. nos.1 and 2 along with supporting affidavit.  Leave is granted to register.
The matter is already adjd for hearing on admissibility of documents to 19.03.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Nishigandh Patil for plaintiff present.
Adv. Tiwari for deft. nos.1 and 2 present.
Registered N/M No.697/21 tendered by counsel for deft. nos.1 and 2.  T.O.R.
Ld. counsel for plaintiff seeks time to file reply.  Granted.
The matter is adjd for N/M reply to 22.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 17/08/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Nishigandha Patil for plff is present.
Adv. Pawan Tiwari for deft no.1 and 2 present.
On oral request of Adv.for plff matter adjourned for NM reply.
Matter adjd for NM reply 16.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 22/04/2022 for NM Replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: None present for plaintiff.
Adv. Mr. Pawant Tiwari for defendant Nos.1 and 2 present.
Adjourned by way of last chance.
Matter is adjd for NM reply on 01-08-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: Adv. Purvi Sharma h/f Adv. Nishigandha Patil for plaintiff is present.
Adv. Tiwari for defendant no.1 and 2 is present.
On oral request of Adv.for plaintiff matter adjourned for NM reply.
Matter adjd to 11.10.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: None present for the plaintiff.
Advocate Pawan Tiwari for defendant No.1 and 2 present.
Last chance given to the plaintiff to filed reply to NM 697/2021.
Matter adjd to 09/12/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None present for plff.
Adv. Pawan Tiwari for deft no. 1 and 2 is present.
Inspite of giving ample opportunity to plff., the plff., failed to file reply to NM 697/2021. Hence the matter is proceeded without reply of NM.
Matter adjd to 08.02.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Komal for plaintiff is present.
Adv. Harish  Pawar for defendants no. 1 and 2 is present.
KB LO at 4.30 p.m.
Adv. Nishigandh Patil for plaintiff is present.
Adv. Harish  Pawar for defendants no. 1 and 2 is present.
Heard both the sides on NM No. 697/21.
                  Order below NM No.697/21.
Perused the notice of motion. Heard both the sides.
Defendants no.1 and 2 have taken out present notice of motion for claiming reliefs inter alia (i) for setting aside order dtd. 18.10.2019 whereby the suit was proceeded ex-parte against them and (ii) for grant of permission to file written statement by condoning delay of 500 days caused in filing written statement.
It is contention of the Ld.Adv.for defendants no. 1 and 2 that when defendants no. 1 and 2 approached to defendant no.3 then at that time he assured to look after the matter on their behalf. However, he failed to do so. Hence, the suit came to be proceeded ex-parte against defendants no. 1 and 2 on 18.10.2019. Thereafter, due to Covid-19 defendant could not proceed with the matter.  It is further contended that in the month of January 2021 defendants no. 1 and 2 received telephonic message from their advocate and came to know about order dtd. 18.10.2019. Hence, the present notice of motion for claiming reliefs as stated supra.
The Ld.Adv.for plaintiff strongly opposed the notice of motion on the ground that no proper explanation provided by defendants for non appearance or for causing delay in taking present notice of motion.
Here it is to be noted that, defendants have substantial interest in the matter. Therefore in my view opportunity needs to defendants to defend themselves. If the notice of motion is allowed by imposing some cost then it will be sub serve the purpose. Hence, the following order-
                                        ORDER
1. Notice of Motion No.697/2021 stands allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of cost of Rs. 2000/- paid by defendants to plaintiff within 15 days.
2. Needless to say payment of cost is condition precedent failing which order  stands automatically vacated.
3. Upon payment of cost defendant be allowed to file written statement on record. It be mark exhibited accordingly.
4. Notice of motion stands disposed of accordingly.
Matter adjd to 23.02.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: P.O. is on leave.Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: None present for plaintiff.
Adv. Pawan Tiwari h/f Adv. Suraj Kudalkar for defendants no. 1 and 2 is present.
The Ld.Adv.for defendant has filed office copy of notice and photocopy of cheque of Rs.2000/-.TOR. It is submitted that the defendant has complied with the order of payment of cost of Rs.2000/- paid to the plaintiff.
Considering this submissions, the WS is taken on record and marked as Exh.9. Read and Recorded.
Matter adjd to 01.08.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None for plaintiff.
Adv. Pawan Tiwari h/f. Redekar for defendant nos. 1 and 2 is present.
Issues framed.
Matter adjd to 11/10/2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: None for plaintiff present.
Adv Charushila h/f Adv Redekar for defendant nos. 1 and 2 present.
Matter stands adjourned on  20-12-2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Adv. Anjali Koteja h/f Nishigandh Patil for plaintiff is present.
Adv. Shivam Gawde h/f Harish Pawar for defendant no. 1 and 2 is present.
On oral request of Ld. Adv. for plaintiff matter is adjourned for filing evidence of plaintiff.
Matter adjd to 29.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-02-2024

Date: 29-02-2024
Business: Adv. Labdhi Vejani appeared for plaintiff and filed Vakalatnama Exh. 11. TOR. She also seek time to lead evidence. O- Time granted.
Adv. Pawan Tiwari for defendant no. 1 and 2 is present.
Matter adjd to  15.07.2024 for evidence of plaintiff on the request of both advocates.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024

Date: 21-08-2024
Business: Adv. Mithila Damle for plaintiff is present and seek time. O- Time granted.
Adv. Shubham Gawade for defendant no.1 and 2 is present.
Matter adjd to 18.10.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Adv. Mithila Damle for plaintiff is present and seek time. O- Time granted.
Adv. Vipul Dhole h/f Adv. Harish Pawar for defendant no.1 and 2 is present.
Matter adjd to 23.12.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: Adv. Vinayak Tiwari h/f Mithila Damle for plaintiff is present and seek time. O- Time granted with consent.
Adv. Shivam Gawade h/f Harish Pawar for defendant no.1 and 2 is
Matter adjd to 12.03.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: Adv. Mithila Damale for plaintiff is present and seek time. O- Time granted.
Adv. Rudra Kanekar h/f Harish Pawar for defendant no.1 and 2 is present.
Both seek longer date.
Matter adjd to 24.06.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: Adv. Rehan Shaikh i/b Adv. Mithila Damle for plaintiff is present and filed additional affidavit of PW-1 Exh.6A. TOR.
Adv. Redekar for defendant no.1 and 2 is present.
Adv. for plaintiff directed to serve first affidavit and additional affidavit along with copies of documents to defendant.
Matter adjd to 22.08.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv. Mithila Damle for plaintiff is present.
Adv. Harish Pawar for defendant no.1 and 2 is present and seek time. O- Time granted.
Matter adjd to 15.10.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: None present for plaintiff.
Adv. Sonal Bhor h/f Harish Pawar for defendant no.1 and 2 is present.
Last chance granted to plaintiff for hearing on documents.
Matter adjd to 14.01.2026 for marking documents.
L. O at 11.20 a.m.
Adv. Rehaan Shaikh i/b Adv. Mithila Damle for plaintiff is present.
Matter already adjd to 14.01.2026.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: Adv. Mithila Damle for plaintiff is present.
Adv. Sonal Bhor a/w Adv. Shailesh Redekar for defendant no.1 and 2  is present.
Heard both the sides on the documents. The Adv. for defendant has objected to exhibits these documents as all the documents are certified by the plaintiff society.
Sr. No.               Description of documents             Exhibits
 1             The original copy of resolution
                of the plaintiff society dated 13.05.2017   Exh.12
2               Intimation of disapproval under
                  section 346 of BMC Act                          Exh.13
3.             Certified copy of commencement
                certificate issued by BMC                         Exh.14
4.            Certified copy of the sanction of ground
               floor plan                                                 Exh.15
5.            Certified copy of the application for
                registration of the society                     Exh.16
6.             Certified copy of registration certificate
                of the society dated 25.04.2008             Exh.17
7.            Certified copy of agreement dated
               15.10.2016                                               Exh.18
Documents filed along with additional affidavit of examination in chief.
1.         Certified copy of the letter issued by
            Assessor and Collector F south Ward
            dated 16.11.2002                                         Exh.19
2.          Certified copy of letter dated
            18.11.2002 along with inspection extracts   Exh.20
Matter adjourned to 08.04.2026 for cross examination of the plaintiff witness by the defendant on next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Adv. Sikander Kunda for plaintiff is present.
Adv. S. S. Redekar for defendant no.1 and 2 is present and tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM. Copy served on the other side.
Matter adjourned to 22.07.2026 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: Advocate Mithila Damle present for plaintiff and requ
Advocate Rudra Kanekar present for defendant No.1 and 2 and tendered registered NM No.2066/26 t.o.r.
Matter is adjd to 07.08.2026 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: P.O. is on official training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2026

NOTICE OF MOTION/102066/2026
NOTICE OF MOTION/100697/2021

Registration Number: 103269/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 103269/2018
Transfer Date: 14-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 64 - COURT 64 AD-HOC ADDL SESSIONS JUDGE

Filing Number: 113295/2018
Filing Date: 27-09-2018
First Hearing Date: 14th January 2019
Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE