Shri. Bhairu P. MatkarVsExecutive Engineer +1 more

Date: 18-01-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-07-2020

Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for both the sides.
Matter is adjd. to 25.03.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None for plaintiff.
Adv. Mangal Kadam for  defendant/MHADA.
The Board is discharged.  Due to SOP only urgent matter  are taken up.
Matter is adjd. to 25/06/2021.
L.O.
Adv. G. Almeda for the plaintiff.
Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted.
Matter is already adjd. to 25/06/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to covid-19, matter is adjd to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Almeda present for the plaintiff.
He tendered register NM No.1118/21 TOR
He also filed draft CS a/w affidavit in support TOR O- Leave is granted to register. Serve to other side.
He also filed VN in CS TOR
Matter is adjd. to 27.01.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Advocate Ms.Almeida for the applicant present and tendered registered Ch/S.
Adv.Mangal Kadam for defendant/MHADA present.
                         ORDER
Chamber Summons No.20/2022 is filed for bringing legal heirs of the plaintiff on record.
The learned advocate for Legal Representatives submits that entire family was suffering from Covid-19 and hence, delay is caused in bringing the legal heirs on record.  In view of natural calamities and unavoidable circumstances, the delay is condoned.  The objection taken by the MHADA in that regard is overruled.  Chamber Summons is allowed.  The L.R\''s is to carry out amended in the plaint within time.
Chamber Summons No.20/2022 is disposed off accordingly.
Matter is adjd. to 13.04.2022 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv. Anmeda present for plaintiff.
Adv. Mangal Kadam present for defendants/MHADA and sought adjournment to file reply to nm.
Matter adjourned for nm reply as a last chance to 26/04/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Ms. Almeda For plaintiff is present.
Adv. Ms. Mangal Kadam for defendant No. 1 is present and submitted that defendant No. 1 is not going to file reply to both the NM.
None present for defendant No. 2.
It appears that inspite of just opportunities defendants failed to file reply to the both notice of motion. Hence, both NM is proceeded without reply of defendants.
Matter adjourned for NM hearing to 27.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Advocate Almeda present for plaintiff.
Advocate Mangal Kadam present for defendant no. 01.
None present for defendant no. 02.
As the court is busy in argument and order in Suit St no.6751/2022
Matter adjourned for NM Hearing to 01.07.2022.
Next Purpose: HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv. Almeda for plaintiff present.
Adv. Mangal Kadam for defendant no.1.
None for defendant no.2.
Adv.for defendant no.1 submitted that the building in which the suit premises was situated is already demolished. Adv.for plaintiff also admitted that the suit building is demolished and therefore present Notice of Motion No. 4966/19 does not survive and submitted to disposed off the Notice of Motion No. 4966/19 as it became infructuos. Inview of the above submission of Ld. Adv.for plaintiff Notice of Motion No. 4966/19 is disposed of.
Heard argument of Ld. Adv.for plaintiff and Adv.for defendant no.1 on NM No. 1118/21. As defendant no.2 is absent he could not heard.
Matter adjourned for order on NM No. 1118/21 to 04.07.2022.
Next Purpose: ORDER
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None present for plaintiff.
Adv Mangal Kadam present for defendant no. 01.
None present for defendant no. 02.
FRSR Following order is passed on NM no. 1118/19.
Order
1) Notice of Motion no.1118/19 is dismissed.
2) Notice of Motion no.1118/19 is disposed off accordingly.
Matter adjourned for Steps/Order to 30.07.2022.
LO at 4.10 pm
Adv Almeda present for plaintiff.
Next Purpose: ORDER
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: None present for plaintiff.
Adv Mangal Kadam present for defendant no. 01.
As plaintiff and his Adv are asbent.
None present for other defendants.
Matter adjourned for steps/dismissal order to 05.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: As P. O. is on leave, matter is adjd.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Almeda present for plaintiff and sought adjournment.
Adv. Mangal Kadam present for defendant 01/MHADA.
None present for other defendant 02.
Matter adjourned for steps to 11/10/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Plaintiff no. 01C in person present.
Adv. Almeda present for plaintiff and tendered application @ affidavit for withdrawal of suit with liberty to institute fresh suit. t.o.r. maked as Exh. 07.
copy served to the advocate for the defendant no. 01.
Adv. Mangal Kadam present for defendant 01/MHADA.
Matter adjourned for say on Exh. 07 to 11/11/22.
Next Purpose: FILING SAY
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Almeda present for plaintiff.
Adv. Mangal Kadam present for defendant 01/MHADA and submitted that, defendant no. 01 do not want to file say on Exh. 07.
None present for other defendant 02.
As defendants failed to file say on Exh. 07, application Exh. 07 be proceeded without say on Exh. 07.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 on Exh. 07.
Following order is passed on Exh. 07.
Order-  Perused the application and record. Heard both the sides. Plaintiff has filed the present application on the ground that, suit has become infructous due to subsequent event. From the record it appears that, there is not formal defect for which suit may fail. The plaintiff can always file a separate suit on different cause of action. Therefore, there appear no sufficient grounds for grant of liberty to plaintiff to institute fresh suit. Plaintiff is at liberty to withdraw the suit unconditionally. Therefore, application Exh. 07 is liable to be dismissed. Hence, application Exh. 07 dismissed.
Matter adjourned for steps to 05/12/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv Almeda present for plaintiff and tendered application for withdrawl of the present suit.TOR. Marked as Exh-08.
Adv Mangal Kadam present for defendant/MHADA.
None present for defendant no. 02.
Plaintiff no. 1(c) is present.
Order on Exh-08:
By the present application plff wants to withdraw the suit unconditionally. Plaintiff no. 1(c) and Adv for plaintiffs submitted that plaintiffs are withdrawing suit unconditionally. Plaintiffs are the master of their suit. Hence, application Exh-08 is allowed and plaintiffs are allowed to withdraw the suit unconditionally.
Adv for plaintiffs and plaintiff no. 1(c) submitted to disposed off suit unconditionally. Hence, suit is disposed off as withdrawn unconditionally. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-12-2022

CHAMBER SUMMONS/100020/2022
NOTICE OF MOTION/101118/2021
NOTICE OF MOTION/104966/2019

Registration Number: 103375/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 103375/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 113877/2019
Filing Date: 13-12-2019
First Hearing Date: 18th January 2020
Decision Date: 05th December 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE