Date: 03-01-2020
Business: Adv. Sana Kakadi for plaintiff present.
None for defendant.
LO
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adv. Priyanshu Mishra for plaintiff present and tendered registered NM No. 4973/19 alongwith application for pasting the summons/Notice t.o.r. Its marked at Exh. 6
Order - Prayer (a) and (c) allowed. prayer (b) rejected.
Adjd to 06-01-2020 for ad-interim hearing .
Next Purpose: HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Akshay Shah for plaintiff present.
Adv.Bipin Joshi for defendant present and tendered vakalatnama t.o.r. Its marked at Exh.7
Partly heard both sides on ad-interim hearing.
Adjd to 07-01-2020 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Akshay Shah for plaintiff present.
Adv.Bipin Joshi for defendant present
Heard both sides in ad-interim hearing.
Adjd to 08-01-2019 for Order .
Next Purpose: ORDER
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff present, his adv. absent.
Adv. D\''sa for defendant present.
F.R.S.R. following ad-interim order in N/M No. 4973/19 is passed -
Order -
1. Ad-interim relief in terms of prayer clause (6) of the Notice of Motion is granted till next date.
2. However, the above order will not prevent the defendant/developer from making construction of the building (c wing) in accordance with the approved lay out plan of the said wing dated 26.07.2004.
Authenticated copies given to both parties.
Adjd to 02-03-2020 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Sana Kagdi for plaintiff present and tendered and tendered draft N/Ms along with affidavit. Leave is granted to register the N/Ms. Copies served to other side. She has also tendered and tendered draft C/S along with affidavit. Leave is granted to register the C/S. Copy served to other side. She has also tendered rejoinder. copy is severed to other side.
Adv. Bharat Chaudhari for defendant present and tendered reply to draft nm. Copy served to other side.
Adjd to 27-01-2020 for NMs Reply and C/S reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Sagar Batavre for plaintiff present and tendered original registered C/S No. 82/20 along with affidavit in support.He has also and tendered original registered NM Nos. 269/20,270/20,271/20 along with affidavit in support.
Adv. Chaudhari for defendant present and tendered affidavit in reply to C/S no. 82/20 and also tendered reply to NM No. 269/20,270/20,271/20. Copies served to other side.
Order on C/S No. 82/20 -
By instant C/S the plaintiff wants to correct error in the cost title whereby the name of defendant is mentioned as M.K. Realty instead of K. M. Realty . It does not changed nature of suit. Therefore, C/S is allowed in terms of prayer clause (b). Amendment be carried out in plaint on or before next date.
Adjd to 06-02-2020 for NM rejoinder .
Next Purpose: REJOINDER
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Gaurang Shah for plaintiff present and tendered rejoinder. Copy served to other side.
Adv. Chaudhary for defendant present.
Adjd to 03-03-2020 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Sana Khan for plaintiff present.
Adv. Bipin Joshi for defendant present and tendered affidavit in reply to NM No. 200/20. Copy served to other side.
Earlier order, if any, to continue till next date.
Adjd to 26-03-2020 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Adv. Nuzhat Ansari H/f Adv. Priyanshi Mishra for plaintiff present and submits that settlement talks are going on and requested for date.
Adv. P.B. Joshi H/f Adv. Bipin Joshi for defendant present.
By consent, adjourned to 05.10.2020 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Adv. Ms. Muzhad Ansari i/b Adv. Priyanshu Mishra for pltff. present.
Adv. Mr. Bipin Joshi for defendant present.
Ld. Adv. for plaintiff submits that settlement talks are going on between both the parties and requests time. Time granted.
Adjourned to 21.10.2020 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Adv. Sagar Bataviya i/b Priyanshu Mishra for plaintiff present.
Adv. P. B. Joshi for defendant present.
At the request of adv. for defendant adjourned to 05.11.2020 for settlement.
Earlier order, if any, to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Adv. Priyanshu Mishra for plaintiff is present.
Adv. Vedanshi Shah h/f Adv. Bipin Joshi for defendant is present.
At the request of both the parties, matter adjourned to 24.11.2020 for Settlement.
Earlier order, if any, to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. Mr. Bipin Joshi for defendant is present and submits that settlement is not possible and seeks adjournment.
Adjourned to 09.12.2020 for NM Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: It is noticed that advocate for plaintiff has already filed rejoinder to Notice of Motion No.269/2020, 270/2020 and 271/2020 in Court Room No.4 on 06.02.2020. But it is remained to be mentioned in the Roznama.
Advocate for defendant filed affidavit in reply on 03.03.2020 in N/M No.200/20 in Court Room No.4. It is also remained to be mentioned in Roznama.
Adv. Priyanshu Mishra for plaintiff is present.
Adv. Bipin Joshi for defendant is present.
Affidavit in rejoinder dt. 14.01.2020 in N/M No.200/20 is marked as Exh.8.
Further affidavit of plaintiff dt. 17.01.2020 in N/M No.200/20 is marked as Exh.8-A.
Affidavit in reply of defendant dt. 02.03.2020 in N/M No.200/20 is marked as Exh.8-B.
Advocate for defendant files additional affidavit dt. 08.12.2020 in N/M 200/20. TOR and marked as Exh.8-C.
Reply of defendant dt. 14.01.2020 in N/M No.269/20 is marked as Exh.9.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.269/20 is marked as Exh.9-A.
Reply of defendant dt. 27.01.2020 in N/M No.270/20 is marked as Exh.10.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.270/20 is marked as Exh.10-A.
Reply of defendant dt. 27.01.2020 in N/M No.271/20 is marked as Exh.11.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.271/20 is marked as Exh.11-A.
Adjourned to 16.12.2020 for NM Hearing.
Earlier order, if any, to continue till next date.
L.O.
Advocate for plaintiff files affidavit in rejoinder dt. 16.07.2020 in N/M No. 200/20. TOR and marked as Exh.8-D.
Copy of rejoinder be served to advocate for defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Priyanshu Mishra for plaintiff is present.
Adv. Bipin Joshi for defendant is present.
Ld. counsel for plaintiff submits that the plaintiffs have instructed him that they would engage another advocate in the matter. He thus seeks time.
Ld. counsel for defendant submits that since the interim orders are running against him, his entire project is held up.
In such circumstances by way of last opportunity, matter is adjourned to 18.12.2020 for NM Hearing at 11.00 am.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None present for plaintiff.
Ld. senior counsel Mr. Vijaysingh Thorat a/w Adv. Bipin Joshi, Adv. Sandeep Sharma and Adv. Sahil Ansari for defendant present.
Ld. senior counsel for the defendant submits that the matter was specifically fixed today for hearing as and by way of last opportunity. Specifically so, because interim order was running against the defendant since January, 2020 and the entire project was held up. Since nobody is appearing for the plaintiff there would be no question of continuing the interim relief which is continued by way of previous order until today.
Adjourned to 14.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: By precipe matter is taken on todays board.
Adv. Sanjeet Shukla for plaintiff is present
Ld. senior counsel Mr. Vijaysingh Thorat a/w Adv. Bipin Joshi, Adv. Sandeep Sharma and Adv. Sahil Ansari for defendant present.
Adv. Sana Shaikh for applicant in Chamber Summons is present.
Resolution dt.14.12.2020 passed by plaintiff filed by Adv. Shukla. TOR and marked as Exh.12.
Vakalatnama filed by Adv. Sanjeet Shukla for plaintiff. TOR and marked as Exh.13.
Ld. counsel for plaintiff seeks extension of interim relief. Perusal of records reveals that on last date the Notice of Motion was specifically kept for hearing but nobody appeared for the plaintiff and it is in this circumstance that the interim relief was not continued on last date. The notice of motion is now kept on 14.01.2021 for hearing.
Ld. counsel for plaintiff is unable to point out as to how prejudice would be caused to him if the interim order is not continued. He merely states that defendant may start construction. However the objection in the plaint is to carry out construction beyond seventh floor and as such it cannot be said that until then there would be any prejudice to the rights of the plaintiffs.
In any case Ld. counsel for the defendant submits that the defendant would file an undertaking during the course of the day that any construction carried out would be subject to final orders passed in the notice of motion.
In such circumstance when the plaintiff themselves are not diligently prosecuting the matter and also in view of aforesaid, I do not think it necessary to continue the interim relief.
Advocate for applicant in chamber summons seeks leave to register chamber summons for impleading him as plaintiff in suit. Leave granted. Chamber summons be registered and returnable on 14.01.2021.
Applicant to serve chamber summons to respondent.
Matter already fixed for NM Hearing and Reply to chamber summons on 14.01.2021.
L.O.
Adv. Sahil Ansari i/b Adv. Bipin Joshi for defendant is present and files undertaking. TOR and marked as Exh.14.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv. Gaurav Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. Bipin Joshi for defendant is present.
Adv. Kaustubh Thipsay i/b Adv. Sana Shaikh for applicant in Chamber Summons is present.
Advocate for applicant files registered chamber summons no.776/20.
Parties in suit seeks time to file reply to CS.
Advocate for defendant files draft notice of motion for rejection of plaintiffs suit under Order VII Rule 11 of the CPC, 1908.
Leave is granted to register notice of motion.
Heard both the sides.
Parties agreed that all pending interim proceeding can be heard together on next date. Parties to complete the pleadings in all those proceedings before the next date. Also in the meanwhile plaintiff agrees to place the proposal of the developer before the general body meeting in terms of prayer clause (b) of the chamber summons no.776/20 of the applicant and place the resolution before the court on next date.
In this view of the matter applicant has no objection for disposing off the chamber summons.
Chamber Summons No.776/20 is accordingly disposed off.
Plaintiff would be entitled to place a board on the site of construction regarding the pendency of the present litigations.
Adjourned to 16.02.2021 for Reply to NM/Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Ld. counsel Mr. Bipin Joshi a/w Ld. counsel Mr. V. A. Thorat and Adv. Sandeep Sharma for defendant present and tendered original registered Notice of Motion No.226 of 2021.
Ld counsel for appellant submits that since the main motion is being taken for consideration, he would not be pressing NM No.200/20 and NM No.271/20. It is accordingly disposed off.
Partly heard Ld. counsel Mr. Gauraj Shah for plaintiff and Ld. counsel Mr. V. A. Thorat for defendant on notice of motions.
Adjourned to 26.02.2021 for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Ld. counsel Mr. Gauraj Shah i/b Adv. Sanjeet Shukla for plaintiff present.
Ld. counsel Mr. Bipin Joshi for defendant is present.
By consent, adjourned to 05.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Ashish Mishra and Adv. Sanjeet Shukla for plaintiff present.
Ld. counsel Mr. Bipin Joshi for defendant is present.
Advocate for plaintiff files reply to notice of motion No.226/2021. Taken on record.
Ld. counsel Mr. Gauraj Shah for plaintiff concludes his arguments on NM No.4973/19.
Ld. counsel for plaintiff files list of judgments. TOR and marked as Exh.15.
Adjourned to 20.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for plaintiff.
Ld. counsel Mr. Bipin Joshi for defendant is present.
Ld. counsel for defendant seeks time. Also since nobody appears for plaintiff, matter adjourned to 03.04.2021 for NM Hearing.
L.O.
Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Sanjeet Shukla for plaintiff present.
Adv. P. B. Joshi h/f Ld. counsel Mr. Bipin Joshi for defendant is present.
It is submitted that Ld. counsel for defendant is infected with Covid.
Adjourned to 22.04.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: N.O.B.T.O.B
Writ received vide D.D. (AO) CO705404/2021 dt. 30.03.2021 from the Honble High Court in Appeal from (Stamp) No.1430/21 with Interim Application (Stamp) No.1616/21 whereby following order is passed on 11.02.2021 -
P.C.
4. The learned trial Court is directed to hear the respective parties on merits on 16th February, 2021 after giving them due opportunities and decide and dispose of Notice of Motion Nos. 4973 of 2019, 200 of 2020, 269 of 2020, 270 of 2020 and 271 of 2020.
Note is taken in the Roznama and compliance is most humbly submitted to the Honble High Court.
Already adjourned to 22.04.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: COURT IS ON LEAVE TODAY.
Adv. Ms. Kainat Rakhangi h/f Adv. Priyanshu Mishra for plaintiff present.
Adv. P.B. Joshi h/f Adv. Bipin Joshi for defendant present.
Adjd. to 05/05/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Adv. Mr. Sanjeet Shukla for the plaintiff present.
None present for the defendants.
Adjd to 16.06.2021 for N/M Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Adv. Sanjeet Shukla for plaintiff is present.
Ld. counsel Mr. P. D. Gandhy a/w Adv. Laxman Shahpur and Adv. Hardik i/b Adv. Bipin Joshi for defendant no.1 present.
Adv. Kainat Rakhakji h/f Adv. Sana Shaikh for intervenor is present.
By consent, adjourned to 18.06.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Adv. Ashish Mishra a/w Vishnu Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. Hardik Desai i/b Counsel P. D. Gandhi and Associates for respondent present.
By consent, matter adjourned to 12.07.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: None present for plaintiff.
Adv. Hardik Desai i/b M/s. P. D. Gandhi and Associates for defendants is present.
Adjourned to 23.07.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: None present for the plaintiff.
Adv. Mr. Laxman Shahapur h/f. Adv. Mr. Bipin Joshi for the defendant is present.
At the request of Ld. Counsel for respondent, adjourned to 04.08.2021 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present for plaintiff.
Ld. counsel Mr. P. D. Gandhy a/w Adv. Hardik Desai for defendant present.
Since nobody appears for plaintiff, by way of last opportunity matter adjourned to 25.08.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Matter called out at 03.10 p.m.
Adv. Ashish Mishra for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
At the request of plaintiff,
Matter stands adjourned to 01.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Matter called out at 04.30 p.m.
Adv. for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
kept back
Later on 05.05 p.m.
Adv. Gauraj Shah a/w Ashish Mishra & Vishnu Mishra I/b Sanjeet Shukla for plaintiff.
Adv. Pradeep Gandhy I/b Adv. Bipin Joshi for defendant present.
Matter stands adjourned to 02.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Matter called out at 04.39 p.m.
Adv. Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present.
Adv. Bipin Joshi a/w Laxman Shahpur for defendants present.
Matter stands adjourned to 04.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Matter called out at 4.06 p.m.
Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present
Adv. Pradeep Gandhy for defendant present.
As court is busy in hearing final arguments in SU No.726/09. Hence,
matter stands adjourned to 12.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: PO is on leave in second session. Hence, board discharge
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Matter called out at 3.31 p.m.
Adv. Gauraj Shah a/w Vishnu Mishra I/b Sanjeet Shukla for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
Matter stands adjourned to 07.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Matter called out at 5.11 p.m.
Adv. Satyam Dubey I/b Sangeet Shukla for plaintiff present.
Adv. Laxman S. a/w Sakshi Agarwal for defendant present.
Both the advocates are ready to argue matter by way of physical appearance.
Plaintiff is seeking time. Time granted.
Matter stands adjourned to 19.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Matter called out at 2.42 pm
None for plaintiff.
Adv. Rohit Mishra for defendant present.
Matter stands adjourned to 21.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Matter called out at 3.21 p.m.
Adv. Vishnu Mishra for plaintiff present. He is seeking time on the ground that arguing counsel is not available. Time granted by way of last chance.
In the event of failure to proceed with the motion, this court will proceed on the basis of pleadings of the parties.
Adv. Hardik a/w Laxman R. S. I/b Bipin Joshi for defendant present.
Matter stands adjourned to 14.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: NOBTOB
By praecipe - allowed.
Matter mentioned at 5.18 p.m.
Adv. Sanjeet Shukla for plaintiff present.
Adv. Laxman Shahapur for defendant present. He tendered draft NM.
O-Leave granted to register.
Draft NM handed over to the defendant for registration.
Matter already stands adjourned to 14.03.2022.
Next Purpose: REPLY
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Matter called out at 3.59 p.m.
Adv. Ashish Mishra a/w Adv. Vishnudutt Mishra for plaintiff present. He is seeking time to file reply to NM No.963/22. Time granted by way of last chance.
Adv. Pradeep Gandhy a/w Adv. Laxman Sahapur for defendant present. He tendered reg. NM No.963/22. TOR.
Matter stands adjourned to 25.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Matter called out at 3.01 p.m.
Adv. Vishnudutt Mishra for plaintiff present.
Adv. Laxman Shahapur I/b Bipin Joshi for Deft. No.1 present.
Kept back. Later on mentioned at 4.52 p.m.
Adv. Vishnudutt Mishra for plaintiff present.
Adv. Pradeep Gandhy Bipin Joshi for Deft. No.1 present. He tendered reply to NM No.963/2022. TOR.
Adv. Pradeep Gandhy for defendant present. On instructions, he wanted to withdraw the NM No.963/2022.
O-Allowed to withdraw.
Part heard.
Matter stands adjourned to 11.04.2022 for NM Argument (p.h)
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Matter called out at 3.34 p.m.
Adv. Vishnudutt Mishra for plaintiff present.
Adv. Laxman Shahpur I/b Bipin Joshi for defendant present.
Matter removed from Part heard caption.
Matter stands adjourned to 10.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Gauraj Shah for plaintiff present.
Adv. Pradeep Gandhy a/w Adv. Hardik Desai and Adv. Laxman Shahapur h/f Bipin Joshi for defendant present.
Matter stands adjourned to 06.07.2022 for NM hearing at 12.30 p.m.
sharp.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Ashish Mishra for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
By consent, matter stands adjourned to 29.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Pradeep Gandhy a/w Adv. Laxman Shahapur for Deft. no.1 and 2 present.
None present for plaintiff. NM No.4973/19 is pending since long. Hence, put up for NM No.4973/2019 dismissal order.
Matter stands adjourned to 19.08.2022 for NM No.4973/2019
dismissal/hearing.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Ashish Mishra for plaintiff present.
Adv. Pradeep Gandhy for defendant present. He tendered written submission on NM No.4973/2019. Copy served to the plaintiff.
Heard Ld. Advocate for plaintiff on NM No.4973/2019.
Matter stands adjourned to 03.10.2022 for NM argument (p.h).
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Court is on Leave.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Pradeep Gandhy for defendant present.
None present for plaintiff.
K.B.
Later on mentioned at 3.35 p.m.
Adv. Ashish Mishra for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
Heard on NM No.4973/2019.
Matter stands adjourned to 10.12.2022 for NM Argument (p.h)/
NM No.4973/2019 orders
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Adv. Vishnu Mishra for plaintiff present.
Adv. Tejas Shah for defendant present.
K.B.
Later on called out at 3.43 p.m.
Adv. Vishnu Mishra for plaintiff present.
Adv. Tejas Shah for defendant present.
Plaintiff is seeking time. Time granted.
Matter stands adjourned to 14.12.2022 for NM hearing.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Pradeep Ghandy for defendant present.
Inadvertently matter fixed today, matter stands adjourned to 04.01.2023.
At 4.52 p.m. Adv. Vishnu Mishra for plaintiff present.
Adjourned to 04.01.2023.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Vishnu Mishra for plaintiff present.
Adv. Hardik Desai for defendant present and tendered pursis, TOR. Exh.16
Matter stands adjourned on 07/02/2023 for further hrg./ order
on N/M No.4973/2019.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Court is on Leave.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Ashish Mishra for plaintiff present.
Adv. Pradeep Gandhy for defendant present.
K.B.
Later on at 5.36 p.m.
FRSR following order is passed in NM No.4973/2019.
ORDER
1. Notice of Motion No.4973/2019 in S. C. Suit No.17/2020, is disposed off as follows.
2. Ad-interim order dated 08/01/2020 in notice of motion No.4973/2019 stands confirmed till the pendency of the suit.
3. Notice of Motion disposed off accordingly.
Matter stands adjourned on 24.03.2023 for hearing of NM 269/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. Ajit Mishra for plaintiff present. He is seeking time. Time granted.
Adv. R. K. Mishra I/b Adv. Vipin Joshi for defendant present.
Matter stands adjourned on 07.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Adv Ashish Mishra for plaintiff present.
Adv Sidhant Singh h/f Adv Bipin Joshi for defendant present.
Adv for Plaintiff sought time for hearing on NM. Time granted.
Matter stands adjourned on 31-07-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: Adv Ashish Mishra for Plaintiff present and seeks time to argue the NM. Time granted as last chance.
Adv Rohit Mishra for defendant present.
Matter stands adjourned on 10-10-2023 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Advocate Vishnu Mishra present for Plaintiff and seeks time. Order - Time granted.
None present for Defendant.
Matter stands adjourned on 01-03-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Kartikey Mishra for defendant present.
Due to formation of new court and cahnge of assigment matter is adjourned.
Matter adjourned for NM hearing to 23-04-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
Adv. Srishti Dubey for defendant present.
Last chance granted to NM hearing.
Matter adjourned for NM hearing to 20-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: The P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Ashish Mishra for plaintiff is present.
Adv. Akshta Pawar h/f Pramod Kumar and Co. for defendant is present and filed VP. TOR and marked as Exh.17. O-Filed.
Matter adjourned for NM hearing to 21-11-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: The P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Adv. V. R. Mishra for plaintiff is present and seeks time.
Adv. Akshata Pawar for defendant is present and has no objection.
Matter adjourned for NM hearing to 28.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2025
Date: 28-01-2025
Business: Adv. Vishnu Mishra h/f Adv. Sanjeet Shukla for plaintiff is present. He seeks time. Other side has no objection.
Adv. Akshata Pawar i/b Pramodkumar and Company for defendant is present.
Matter adjourned for NM hearing to 21.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: None for plaintiff.
Adv. Akshata Pawar for defendants No.1 and 2 is present.
Matter adjourned for NM hearing to 27.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Adv. Ashish Mishra for plaintiff is present. He request for adjournment. Time is granted.
None for defendant.
Matter adjourned for NM hearing to 23.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: None for plaintiff.
Adv. Akshata Pawar for defendants No.1 and 2 is present and filed pursis a/w order passed by Honble High Court and Apex Court. TOR. Marked as Exh-17. She sought time to file WS. O- Granted.
Matter adjourned for filing WS and hearing on NM to 06.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2025
Date: 06-10-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff is present.
Adv. Akshata Pawar for defendants No.1 and 2 is present and filed WS. TOR. Marked as Exh-18. She has submitted that copy is already served upon Adv. For plaintiff by e-mail.
Matter adjourned for hearing on all NMs to 17.11.2025.
Later on at 3.32 p.m.
Adv. Sanjeet Shukla for plaintiff is present.
Matter adjourned for hearing on all NMs to 17.11.2025.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2025
Date: 17-11-2025
Business: The Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: CORAM HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Matter pertains to CR. No.61
Not on board, taken on today’s Board.
Writ received from Board Department Inward No.18883/2025 dated 17.11.2025, Supreme Court of India, D. No. 9301/2024/SEC-III Supreme Court of India, New Delhi, dated 11th November, 2025. Civil Appeal No. 11414 of 2025 (From the final judgment and order dated 08.01.2024 passed in Appeal from Order No. 418 of 2023 passed by the High Court of Judicature of Bombay). SLP (C) No(s).3420/2025.
Order
8. As the issue sought to be decided in the main suit, which is primarily legal in nature, on the interpretation of the MOFA agreement and the applicability of Sections 7 and 7A of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction Sale, Management and Transfer) Act, 1963, we direct the Trial Court to expedite the trial and complete it within a period of nine months from the date of receipt of a copy of this order.
9. Liberty is granted to the appellant to file an additional written statement, before the appropriate Court, within a period of two weeks from the date of receipt of a copy of this order.
Matter adjourned for NM Hearing to 18.12.2025
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2025
Date: 20-11-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
NOB TOB
Considering the Writ received from Honble Apex Court , Additional WS if any is to be filed within 2 weeks from the receipt of the orders. As such matter is preponed and kept on 02.12.2025.
Matter adjourned for additional WS/ NM hearing to 02.12.2025.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-12-2025
Date: 01-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
NOB, TOB
Letter received from Hon’ble High Court vide RJ/Jud.-II/342/2025 dated 20.11.2025.
Reference – Hon’ble Supreme Court order dated 01.08.2025 in Civil Appeal No.11414/2025 (arising out of SLP (c) No (s). 3420/2025)
Matter adjourned to 02.12.2025.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
Adv. Vishnu Mishra for plaintiff is present.
None for defendant.
K.B.
Later on at 03.48 p.m.
Adv. Gauraj Shah a/w Adv. Vishnudutt Mishra for plaintiff is present
None for defendant.
Defendants have not filed additional WS, as such matter is kept for hearing on all the NMs.
Matter adjourned for hearing on all NMs to 18.12.2025.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-12-2025
Date: 03-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
NOB TOB
High Court letter received from Board Department Inward No.19799/2025 dated 02.12.2025.
RJ./Jud.-II/342/2025 dated 20.11.2025. Reference- Honble Supreme Court order dated 01.08.2025 in Civil Appeal No.11414/2025 (arising out of SLP(c) No(s). 3420/2025)
Matter already adjourned to 18.12.2025.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-12-2025
Date: 18-12-2025
Business: IN THE COURT OF H.H.J. A. C. DAGA JUDGE CITY CIVIL COURT C.R. NO. 61
None for plaintiff.
None for defendant.
K.B.
Later on at 3.10 p.m.
None for plaintiff.
Adv. Janhavee Joshi a/w Adv. Maulik Vora for defendant is present.
Heard arguments of Adv. Janhavee Joshi for defendant in NM No.226/21.
Matter adjourned for order in NM No.226/2021 to 07.01.2026.
Later on at 5.00p.m.
Adv. Gauraj Shah a/w Adv. Ashish Mishra, Adv. Vishnudutt Mishra amd Adv. Tushar Ambekar i/b Adv. Sanjeet Shokla for plaintiff is present.
Heard arguments of Adv. Gauraj Shah for plaintiff in NM No.226/21.
Matter adjourned for order in NM No.226/2021 to 07.01.2026.
Judge
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: NOB TOB
As per direction issued by Hon’ble PJ by order dated 03.01.2026. The Time Bound matters made by Hon’ble Supreme Court has to be carried by the Judicial Officer whose assignment has to be changed. As instance matter is time bound by Hon’ble Supreme Court therefore same stands transferred to C. R. No.62
Matter adjourned for NM order to 07.01.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-01-2026
Date: 07-01-2026
Business: Adv. Ashish Mishra for plaintiff present.
Adv. Janhavi Joshi for defendant present.
F.R.S.R. following order is passed in NM No. 226/2021
ORDER
1. Instant Notice of Motion is rejected.
2. Accordingly, Notice of Motion No. 226/2021 stands disposed off.
Matter is adjourned to 19.01.2026 for Hearing on both NMs.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: CORAM : H.H.J. SHRI. A. C. DAGA (C.R. NO.62)
Adv. Gauraj Shah a/w Adv. Ashish Mishra and Vishnudutt Mishra i/b Sanjeet Shukla for plaintiff present.
Adv. Janhavee Joshi a/w Adv. M. P. Vora i/b Pramodkumar and Co. for defendant present.
Kept Back.
Later on at 04.00 pm
Adv. Gauraj Shah a/w Adv. Ashish Mishra and Vishnudutt Mishra i/b Sanjeet Shukla for plaintiff present.
Adv. Janhavee Joshi a/w Adv. M. P. Vora i/b Pramodkumar and Co. for defendant present.
Heard advocate for plaintiff and defendant on NM no. 269/2020 and NM no. 270/2020
Matter is adjourned to 18.02.2026 for NM order on both motions.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Tushar Amberkar for plaintiff present.
Adv. M. P. Vora for defendant present.
Kept Back.
Later on at 03.15 pm
Adv. Ashish Mishra for plaintiff present.
Adv. M. P. Vora for defendant present.
Ld. advocate for plaintiff seek time to argue on NM.
Matter is adjourned to 24.02.2026 for NM hearing at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Vishnudutt Mishra for plaintiff present.
Adv. M. P. Vora for defendant present.
Ld. advocate for plaintiff seek time to argue both the notice of motions. On 18/02/2026 the matter was adjourned at the request of plaintiff and the date was given as per the convenience of the plaintiff. But today also plaintiff is seeking time to argue both the notice of motion. The matter is already time bound by the Hon’ble Supreme Court. Though the matter is Hon’ble Supreme Court time bound, inspite of it the plaintiff is seeking adjournments time and again. To give one strict last opportunity to plaintiff to argue the matter, matter is adjourned till tomorrow.
Matter is adjourned to 25.02.2026 for NM Hearing at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-02-2026
Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. N. V. JIWANE (C.R. NO.62)
Adv. Vishnudutt Mishra for plaintiff present and filed adjournment application. It is taken on record and marked as Exh.20. O- Other side to say.
Adv. M. P. Vora for defendant present.
Ld. advocate for defendant filed say on Exh.20 overleaf.
Order below Exh.20
Ld. advocate for plaintiff filed adjournment application on the ground that the arguing counsel is busy before the Hon’ble Aurangabad High Court and not in a position to attend the Court and argue both the notice of motions taken out by the plaintiff. Plaintiff prayed for adjourning the matter till friday.
The application is strongly opposed by Ld. Advocate for defendants. It is the contention of the defendant that when the matter was posted yesterday for argument of plaintiff, on the same ground adjournment was sought and the same was granted strictly as last chance by the Court. He submitted to reject the application.
Heard both the sides. Perused record. It is noteworthy to mention here that the matter is already timebound by the order of Hon’ble Supreme Court. The matter was posted before this court on 18/02/2026 and at the convenience of plaintiff the matter was adjourned to 24/02/2026. On the posted date the plaintiff sought the adjournment on theground that arguing counsel is busy before the Hon’ble High Court at Aurangabad and as per the convenience of plaintiff himself the matter is posted today for arguments. But today also Ld. Advocate for plaintiff sought adjournment on the same ground. While granting adjournment yesterday, it was the submission of plaintiff that the argument will be conducted today itself. But inspite of granting adjournment strictly as last chance, plaintiff again sought adjournment. The matter is already Supreme Court Time Bound and needs to be decided within the time granted by the Hon’ble Supreme Court. But due to non-cooperation of plaintiff the matter could not be heard today. Looking to the reason and to decide the motions on merit one more opportunity is granted to plaintiff to argue notice of motions subject to costs of Rs.5,000/- to be paid to defendants.
Matter is adjourned to 27.02.2026 for NM hearing at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-02-2026
Date: 27-02-2026
Business: Adv. Sanjit Shukla a/w. Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar for plaintiff present.
Adv. Parshurampuria a/w. Adv. M. P. Vora for defendant present.
Both the ld. Advocates argued on Nm NO. 269/20 and NM NO. 270/20.
Matter is adjourned to 04-03-2026 for Order in NM No.269/20 and NM No. 270/20.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-03-2026
Date: 04-03-2026
Business: CORAM - H. H. J. SHRI NITIN V. JIWANE - C.R. NO. 15
At 11.16 AM
Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar i/b Adv. Sanjit Shulka for plaintiff present.
None for defendant.
KB/LO at 05.10 pm.
Adv. M.P. Vora for defendant present.
Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar i/b Adv. Sanjit Shulka for plaintiff present.
As the Court was busy in recording evidence in Spl. ACB Case 789/2022, Spl. ACB Case 4/2019 and Spl. ACB Case 77/2018, the order is partly dictated in NM no. 270/2020. As the Court time is over, the matter is adjourned till tomorrow for further dictation.
Matter is adjourned to 05.03.2026 for S.CT.H.CT. TIME BOUND.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-03-2026
Date: 05-03-2026
Business: CORAM - H. H. J. SHRI NITIN V. JIWANE - C.R. NO. 15
At 11.23 AM
None present.
KB/LO at 04.00 pm.
Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Court is busy in Recording evidence in Spl. Case ACB 4/2019 and Spl. Case 13/2019 and hearing argument in Suit No. 9004/1994 and Suit no. 8780/1994 till 05.50 pm. As Court time is over and therefore, could not complete dictation. Hence, adjourned till tomorrow.
Matter is adjourned to 06.03.2026 for order.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Next Purpose: ORDER
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: CORAM - H. H. J. SHRI. NITIN V. JIWANE - C.R. NO. 15
At 11.15 AM
None present.
KB/LO at 05.00 pm.
None present.
F.R.S.R. following order is passed on NM No.269/2020 :-
ORDER
i. Notice of Motion No.269 of 2020 in Suit No.17 of 2020 is dismissed.
ii. Notice of Motion No.269 of 2020 is disposed of.
F.R.S.R. following order is passed on NM No.270/2020 :-
ORDER
iii. Notice of Motion No.270 of 2020 in Suit No.17 of 2020 is dismissed.
iv. Notice of Motion No.270 of 2020 is disposed of.
Matter is adjourned to 09.03.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-03-2026
Date: 06-03-2026
Date: 09-03-2026
Business: CORAM - H. H. J. SHRI. NITIN V. JIWANE - C.R. NO. 15
At 11.10 AM
Adv. for plaintiff absent.
Adv. M. P. Vora for defendants present.
KB/LO at 02.45 pm.
None for plaintiff.
Ld. Adv. M. P. Vora for defendants present and tendered draft issues. t.o.r. and marked as Exh.20.
Plaintiff failed to tender any draft issues.
Matter is adjourned to 11.03.2026 for framing of issues (Afternoon Session).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-03-2026
Date: 11-03-2026
Business: CORAM - H. H. J. SHRI. NITIN V. JIWANE - C.R. NO. 15
At 11.16 AM
None present.
KB/LO at 02.50 PM.
None for plaintiffs.
Adv. M.P. Vora for defendants present.
Issues framed at Exh.21.
Matter is adjourned to 23.03.2026 for evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-03-2026
Date: 23-03-2026
Business: CORAM - H. H. J. SHRI. NITIN V. JIWANE - C.R. NO. 15
At 11.01 AM
Ld. Adv. Vishnudatta Mishra for plaintiff present and filed adjournment application. t.o.r. and marked as Exh.22. O- This matter is Hon’ble Supreme Court time bound. Today is the first date for evidence of plaintiff. But, looking to the reason and submission of Ld. Adv. for plaintiff that PW-1 will take his examination-in-chief on 26.03.2026, Hence, adjournment granted.
Ld. Adv. M. P. Vora for defendant present.
Matter is adjourned to 26.03.2026 for S.CT. H.CT. time bound at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: At 11.24 AM
Ld. Adv. Tushar Ambrekar holding for Adv. Satish Shukla for plaintiff present.
Ld. Adv. for defendant absent.
KB or LO at 11.45 am.
Adv. Tushar Ambrekar holding for Adv. Shukla for plaintiff present.
Adv. M. P. Vora for defendant present.
Ld. Adv. for plaintiff tendered draft Chamber Summons. O Leave granted to register chamber summons.
Plaintiff is directed to tender registered Chamber Summons today itself on record.
Plaintiff is also directed to supply the copy of Chamber Summons to Ld. Adv. for defendant today itself.
Ld. Adv. for defendant is directed to file the reply to Chamber Summons tomorrow.
As the matter is Honble Supreme Court time bound and therefore, the matter is kept day to day on board for complying the order of Honble Supreme Court and to decide the matter within time bound matter.
Matter is adjourned to 27.03.2026 for reply to Chamber Summons in afternoon Session.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: At 11.23 AM
None present.
KB/LO at 02.55 pm.
Ld. Adv. Gauraj Shah a/w. Adv. Ashish Mishra a/w. Adv. Vishnudatta Mishra a/w. Adv. Tushar Amberkar for plaintiffs present.
Adv. M. B. Vora for defendant present.
Adv. for plaintiff tendered registered Chamber Summons No.750/2026. t.o.r.
Adv. for defendant filed affidavit in reply to chamber summons 750/2026. t.o.r.
Heard argument on Chamber Summons No.750/2026 of Ld. Adv. for plaintiff and Ld. Adv. for defendant.
Matter is adjourned to 01.04.2026 for order on chamber summons and for evidence at 11.00 am.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-04-2026
Date: 01-04-2026
Business: Adv. Mr. M.P. Vora i/b Ms Pramod Kumar for defendant present.
Adv. Mr. Vishnudutt Mishra for plaintiff present.
Witness Mr. Abdul Rashid (PW-1) Is present.
Ld. Advocate for plaintiff filed examination in chief of PW-1. It is taken on record and marked Exh. 23.
Ld. Advocate for plaintiff filed list of document along with 3 original documents. The list is marked as Exh. 24.
Ld. Advocate for defendant filed admission and denial of documents overleaf the list of document Exh. 24.
Ld Advocate for defendant admitted document at serial No. 2 and 3 and denied document at serial No. 1.
As defendant admits the documents at serial No. 2 and 3 of list of document Exh. 24, those documents are marked as Exh. 25 and Exh. 26 respectively.
As the matter is already time bound by the Honble Supreme Court and therefore, both the parties are directed to proceed with the matter on next date i.e 06.04.2026 at 11.00 am sharp for cross examination.
It is made clear that, if any party remains absent on the next date at fix time, the matter will be proceeded further without waiting.
Exh. 27 : Resolution passed by Diamond Hill Co-operative Housing Society Ltd. Dt. 23.03.2026.
Matter is adjourned to 06.04.2026 for Cross examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: CORAM-H.H.THE ADDL. SESSIONS JUDGE SHRI. NITIN V. JIWANE C.R.NO.50.
Adv. Vishnudutt Mishra for plaintiff present.
Ld. Adv. Ms. Jai Kanade a/w M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
PW 1 - Ansari Abdul Rashid Mohd. Rafique present and cross examination resumed on SA.
Cross-examination of PW1 commenced and completed.
Exh. 28 - Ld. Adv. for plaintiff filed List of Witnesses. It is taken on record and marked as Exh.28. Copy supplied to Ld. Adv. for defendant.
O.- Seen
Exh. 29- Application to receive cross examination of PW on Pen Drive.
O.- Copy of Cross examination be supplied in Pen Drive in PDF format.
Matter is adjd to 08-04-2026 for further evidence of plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: Adv. Vishnudutt Mishra for plaintiff present.
Adv. M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
Ld. Adv. for plaintiff submitted that he will tender examination in chief of PW - 2 at 3.00 pm.
Kb/LO at 3.45 PM
Adv. Vishnudutt Mishra for plaintiff present and filed examination in chief of Farzan Juwle (PW - 2). Taken on record marked as Exh. 72
Ld. Adv. for plaintiff also filed list of document along with 9 documents. List of document is marked as Exh. 73.
Clerk of Ld. Adv. for defendant namely Prashant Shinde present and received copy of examination in chief of PW - 2 and the documents.
Matter is adjourned to 09-04-2026 for cross-examine of PW - 2
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Adv. Gauraj Shah a/w Adv. Vishnudutt Mishra for plaintiff present.
Adv. Jai Kanade a/w Adv. M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
Exh.32 - Ld. Adv. for plaintiff filed an application for production of documents on record. O- Defendant to file reply.
Ld. Adv. for defendant submitted that as the documents sought to be produce on record are post filing of the suit and therefore reserving there right and contention the same may be taken on record.
Order on Exhibit -32
The plaintiff wants to produce on record documents regarding the sanction plans of construction and letters given to MCGM by the architects of defendants. As the documents sought to be produced are in respect of the proposed construction of the 3rd building along with the approved plans of two buildings already constructed by the defendant. As the documents sought to be produce are in respect of the suit property along with already constructed buildings and therefore I am of the consider opinion that though the documents are post filing of the suit, the same can be taken on record for the just decision of the suit. If the defendants have any objection regarding the proof and relevancy of these documents are concerned, the defendant will have the opportunity to lead the evidence in that respect. Therefore, the application Exh. 32 deserves to be allowed. Hence, I passed the following order
Order
1. Application Exh. 32 is allowed.
2. In the facts and circumstances of the case no order as to costs.
PW - 2 Architect Farzan Juwle present
Further Examination in chief by Ld. Adv. Shri Gauraj Shah for plaintiff commenced and completed.
Defendant admits document at serial no. 2 to 4, 6 to 9. They are marked as Exh. 33 to Exh.39 respectively.
The certificate u/s 63 (4) of BSA are marked as Exh. 40
The report is marked as Exh.41.
Cross-examination of PW - 2 Architect Farzan Juwle is commenced and completed.
Ld. Adv. for plaintiff filed pursis and thereby closed the side of evidence of plaintiff. Taken on record marked as Exh. 42.
Ld. Adv. for plaintiff filed an application for supplying the copy of cross examination of PW - 2 In pen drive. O- Copy of cross-examination be supplied in pen drive in PDF formate.
Ld. Adv. for defendant prayed to post the matter for evidence of defendant after 14 /04/2026.
The matter is Honble Supreme Court Time bound and needs to be decided expeditiously. When report requested the Ld. Adv. for defendant for posting the date on 13-04-2026, Ld. Adv. Ms. Kanade submitted that she is out of station till 14-04-2026. When the Court wants to post the matter on 15-04-2026, other Ld. Adv. for defendant Mr. Vora submitted that it will not be possible for him to file examination in chief of defendant on that day. As both the ld. Advocates for defendants are pressing for longer date, the same cannot be accepted as the matter is Honble Supreme Court time bound and therefore this Court is consent to not to see the convenience of the Ld. Advocates and required to post the matter on 15-04-2026.
Matter is adjourned to 15-04-2026 for R/E P.H.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 15-04-2026
Date: 15-04-2026
Business: Adv. Vishnudutt Mishra for plaintiff present.
Adv. M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
Manoj Babulal Vora partner of defendant no. 1 present and filed his examination in chief. Taken on record marked as Exh.43.
Copy supplied to Ld. Adv. for plaintiff.
Ld. Adv. for defendant filed list of documents along with eleven documents. List of document Taken on record marked as Exh.44
Copy of list of document along with all the documents supplied to Ld. Adv. for plaintiff .
Ld. Adv. for defendant filed list of witnesses. Taken on record marked as Exh.45.
O - Seen. Copy of witnesses supplied to Ld. Adv. for plaintiff.
Matter is adjourned till tomorrow for admission and denial.
Matter is adjourned to 16-04-2026 for admission and denial and for cross-examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-04-2026
Date: 16-04-2026
Business: Adv. Gauraj Shah a/w Adv. Vishnudutt Mishra for plaintiff present.
Adv. M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
Manoj Babulal Vora partner of defendant no. 1 present
Ld. Adv. for defendant filed additional examination in chief of plaintiff. Taken on record marked as Exh.43-A.
Ld. Adv. for plaintiff filed reply of admission and denial of documents overleaf the list of document Exh. 44 and thereby submitted to the order of the Court reserving right to cross examination.
IOD along with the maps are collectively marked at Exh. 46
letter along with maps collectively marked at Exh.47
letter along with maps collectively marked at Exh.48
letter along with maps collectively marked at Exh.49
deed of confirmation marked at Exh. 50
Occupation Certificate along with map is collectively marked at Exh. 51
Occupation Certificate along with map is collectively marked at Exh. 52
order marked at Exh. 53
copy of Judgment dtd. 11-07-2017 passed in LC Suit No. 4666/2003, available on the Court web site. Looking to the nature of the document, and as the same being photocopy, it is marked at Article - X.
plans and commencement certificate being downloaded from the official web site of MCGM and therefore those are marked at Exh. 54 and Exh. 55 respectively.
certificates are marked at Exh. 56
DW- 1 Examination in chief commenced and completed.
Cross examination by Ld. Adv. Mr. Gauraj Shah for plaintiff commenced.
Government Resolution is marked at Exh.57.
witness admits the document during his cross-examination the same is marked at Exh. 58.
As witness admits the document referred during cross-examination it is marked at Exh. 59
sketch/drawing is marked at Exh. 60.
undertaking is marked at Exh. 61.
note sheet is marked at Exh. 62.
Due to recess cross-examination deferred
Cross examination deferred till tomorrow.
Exh.63 - Today letter bearing no. S.C.(Civil) No. S-466/2025/3167/2026 dtd. 04-04-2026 issued by the Registrar (Judicial- II), High Court (Appellate Side), Bombay and letter bearing no. S.C.(Civil) No. S-466/2025/3166/2026 dtd. 04-04-2026 issued by the Registrar (Judicial- II), High Court (Appellate Side), Bombay regarding the compliance of directions issued by The Honourable Supreme Court of India in Supreme Court Civil Appeal No. 11414 of 2025 is received today. In this connection this Court had already received email dtd. 04-04-2026 on 10-04-2026 and on the same day i.e. 10-04-2026 this Court has forwarded the progress report vide outward no. BD/CIV/No.3914/2026, of Short Cause Civil Suit No. 17 of 2020 to the Honourable Registrar (Judicial - II), High Court Appellate Side, Bombay through Honourable Principle Judge, City Civil and Sessions Court, Gr. Bombay.
Matter is adjourned to 17-04-2026 for admission and denial and for cross-examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: Adv. Gauraj Shah a/w Adv. Vishnudutt Mishra for plaintiff present. Adv. M. P. Vora i/b Adv. Pramod Kumar and Co. for defendant present.
Manoj Babulal Vora partner of defendant no. 1 present
The memo of appeal along with annexure are collectively marked at Exh. 64 colly.
Ld. Adv. for defendant filed an application for production of certified copy of judgment in L.C. Suit no. 4666/2003. Taken on record marked as Exh. 65.
Ld. Adv. for plaintiff gave reply and thereby given no objection for production.
O- Defendent has filed photocopy of said judgment already on record which is marked as Article X and now produced certified copy of the same. As the document is certified copy of judgment passed by Competent Civil Court, it is admissible in evidence. Hence, the production is allowed and certified copy of judgment is marked as Exh. 66 .
Cross examination of DW -1 commenced and completed.
Ld. Adv. for defendant filed evidence close pursis Taken on record marked as Exh.67 O- Seen.
Matter is adjourned to 23-04-2026 for final arguments.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-04-2026
Date: 23-04-2026
Business: Adv. Gauraj Shah a/w Adv. Ashish Mishra a/w Adv. Vishnudutt Mishra i/b Sarjeet Shukla for plaintiffs present.
Adv. Vishal Kanade a/w Adv. Jai Kanade a/w Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant present.
LD. Adv. for plaintiff commenced his final arguments.
Due to recess and at the request of Ld. Adv. for plaintiff, matter is adjourned till Saturday.
Matter is adjourned for further arguments by plaintiff at 12.00 Noon on 25-04-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-04-2026
Date: 25-04-2026
Business: Adv. Gauraj Shah a/w Adv. Ashish Mishra a/w Adv. Vishnudutt Mishra i/b Sanjeet Shukla for plaintiffs present.
Adv. Vishal Kanade a/w Adv. Jai Kanade a/w Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant present.
Ld. Adv. for plaintiff concluded his oral argument.
Ld. Adv. for defendant prayed to keep the matter on Monday for reply argument.
Matter is adjourned for further arguments by defendant at 12.00 Noon on 27-04-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-04-2026
Date: 27-04-2026
Business: Adv. Ashish Mishra alongwith Adv. Vishnudutt Mishra along with Navjyot Singh and Tushar Amberkar i/b Sanjeet Shukla for plaintiff present.
Adv. Vishal Kanade a/w Adv. Jai Kanade a/w Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant present.
Heard argument.
Ld. Adv. for defendant commened further oral argument at 12.30 p.m. and continue till 2.00 pm. Due to recess further argument commenced at 3.00 pm. and continue till 5.00 pm.
Both the Ld. Advocates for both the parties submitted that they will tender their respective writeen notes of arguments on record on dt. 04.05.2026.
Matter adjourned for written notes of argument on 04-05-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-05-2026
Date: 04-05-2026
Business: At 11.30 am
None present for both the parties.
Kb /LO at 2.45 pm
Adv. Mr. Gauraj Shah a/w Adv. Ashish Mishra alongwith Adv. Vishnudutt Mishra along with Adv. Navjyot Singh and Adv. Tushar Amberkar i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. Vishal Kanade a/w Adv. Jai Kanade a/w Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant present.
Exh. 68- List of additional citation filed by Ld. Adv. for plaintiff.
O- Seen.
Both the Ld. Advocates submits that the matter may be kept tomorrow for tendering written notes of argument of both the parties and also submits that if any rejoinder to the written notes of argument of respective parties then they will tender additional written notes of argument on 07-05-2026.
Matter adjourned for written notes of arguments by both the parties on 05-05-2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Adv. Mr. Gauraj Shah a/w Adv. Ashish Mishra alongwith Adv. Vishnudutt Mishra along with Adv. Navjyot Singh and Adv. Tushar Amberkar i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. Vishal Kanade a/w Adv. Jai Kanade a/w Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant present.
LO at 3.35 pm
Adv. Ashish Mishra for plaintiff present and filed written notes of argument. Taken on record marked as Exh.69
Adv. M. P. Vora for defendant present and filed written notes of argument. Taken on record marked as Exh.70
Adv. M. P. Vora for defendant also filed distinction of case laws cited by plaintiff. Taken on record marked as Exh.71
As both the parties have tendered their written notes of argument and therefore the matter needs to be posted for Judgment.
As summar vacation is going to start from 11-05-2026 and as there are holidays on 09-05-2026 and 10-05-2026 and therefore it will not be possible to go through the bulky record and pass the Judgement within 3 days and therefore the matter is posted on 1st day of opening of Court on 08-06-2026.
Matter adjourned for Judgment on 08-06-2026.
Next Purpose: JUDGMENT
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Adv. Vishnudutt Mishra i/b Adv. Sanjeet Shukla for plaintiff a/w plaintiff present.
Adv. M. P. Vora i/b M/s. Pramod Kumar and Co. for defendant a/w defendant present.
Dictation commenced but could not be completed. Hence, adjourned.
Matter adjourned for Judgment on 29-06-2026.
Next Purpose: JUDGMENT
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: PRESIDING OFFICER IS ON LEAVE. (C.R.NO.52)
Adv. Vishnudutt Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. M. P. Vora for defendant a/w Partner of defendant present.
Matter is adjourned for Judgment on 06-07-2026.
Next Purpose: JUDGMENT
Next Hearing Date: 06-07-2026
Date: 06-07-2026
Business: CORAM - H. H. THE CBI SPECIAL JUDGE, SHRI. NITIN V. JIWANE, (C.R.NO.52)
Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. M. P. Vora for defendant a/w Partner of defendant present.
Dictation commenced but could not be completed. Hence, adjourned.
Matter is adjourned for Judgment on 13-07-2026.
Next Purpose: JUDGMENT
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: CORAM- H H THE ADDITIONAL SESSION JUDGE, SHRI. NITIN V. JIWANE, (C.R.NO.52)
Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. M. P. Vora for defendant a/w Partner of defendant present.
Exh. 72- Judgment.
F.R.S.R. following order is passed.
Order.
1. Suit is partly decreed.
2. The prayers in respect of the declaration and injunction as prayed in prayer clause (a) to (c) of plaint are hereby dismissed.
3. The prayer in respect of prayer clause (d) is partly allowed as under
The defendant is hereby directed to execute necessary document of conveyance / declaration in favour of the plaintiff society in respect of the flats already sold to the flat purchasers of already constructed Wing A and Wing B within a reasonable period not exceeding six months from the date of this judgment.
4. Other reliefs claimed by the plaintiff are hereby dismissed.
5. Decree be drawn up accordingly.
Exh. 73- Application filed by plaintiff for continuing the interim order dated 22/02/2023 for futher period of 4 weeks to apporach the Honourable Bombay High Court.
Ld. Advocate for defendant file reply overleaf the application and submitted that interim order dated 22/03/2023 is not in existence in view of order passed by Honourable Supreme Court in SLP No. 3420/2025 dated 01/08/2025 and therefore the said order cannot be continued.
Heard both the sides, perused the application and reply filed. By the present application plaintiff prayed for extending/continuing the interim order passed in Notice of Motion No. 4973 of 2019 dated 22/02/2023. This Court has passed the judgment and thereby dismissed the claim of the plaintiff regarding declaration, permanent injunction in respect of restraining the defendant from carrying out any construction of third building over CTS No. 13/13 A. Therefore as the defendant was held entitled to carry on the construction as per the approved plan of DCR 1991. Further it is noteworthy to mention here that the order passed by this Court allowing the notice of motion filed by plaintiff for restraining the defendant from carrying on any construction of third building was challenge before the Honourable Bombay High Court in AO No. 418 of 2023 and the Honourable Bombay High Court was pleased to maintain the order dated 22/02/2023. But both the said orders where challenge before the Honourable Supreme Court in SLP (C) No. 3420 of 2025 and the Honourable Supreme Court has allowed the defendant to proceed with the construction subject to decision of this Court in the suit. Therefore it cannot be said that the order dated 22/02/2023 in Notice of Motion No. 4973 of 2019 dated 22/02/2023 is in existence. The said order alongwith the judgment passed by the Honourable Bombay High Court in AO No. 418/2023 was merged in the order passed by the Honourable Supreme Court dated 01/08/2025. Therefore the application file by the plaintiff for continuing the order dated 22/02/2023 is found to be without any substance and therefore the said is hereby rejected.
Note- The compliance report is forwarded to the Honourable Supreme Court through the Honourable Bombay High Court and Honourable Principal Judge City Civil and Sessions Court, Grater Mumbai on 13/07/2026.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 13-07-2026