Kunda Narayan Desai +3 moreVsSugandha Sadanand Desai +3 more

Date: 09-01-2019
Business: Adv. Shashank More for plaintiff present and filed affidavit of service of C/S.
Adv. Tamson for defendant no.7 present.
Adv. Sneha Prabhu for defendant no.6 present.
Advocate for defendant nos.6 and 7 seek time for filing reply on C/S and NM. O- Granted lastly
Adjd. For reply on C/S and NM to 12.03.2019.
Next Purpose: REPLY
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Court  is on leave
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adjd
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Next Purpose: C/S  HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Court is busy in hearing of argument in NM No. 1634/2019. Hence board is discharged.
Matter is adjd.  for Ch/S hearing to 26/02/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: matter adjd to 28.04.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 10/02/2021 for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None present.
Last chance is granted.
Matter is adjd. to 16/04/2021 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: DUE TO COVID-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv. Komal Kandharkar for plaintiff present.
None for defendants
Matter is adjd. to 12/01/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv.Shashank More for plaintiff present.
Plaintiff has filed service affidavit in Ch/s no 1957/2018 and 1958/2018. However defendants failed to file reply. Matter is lastly adjourned for filing reply. If defendants failed to file reply on next date both the Ch/s shall proceed further.
Matter is adjd. to 10-06-2022 for Ch/s reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for parties.
Matter is adjd. to 29-07-2022 for Ch/s reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022

Date: 04-01-2023
Business: Adv. Shashank More for plaintiff present.
None present for defendant.
Matter is adjourned to 13.02.2023 for Chamber Summons Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None present for plaintiff for hearing Chamber Summons.
Adv. Sneha Prabhu for defendant No. 6/MHADA present.
Perusing record, it appears that Chamber Summons is pending since 2018. Therefore, plaintiff is directed to remain present for hearing Chamber Summons on next date.
Matter is adjourned to 28.03.2023 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: None for plaintiff.
Adv. Shilpa Sharma h/f Adv. Sameer Sarambalkar for defendant No.1 present.
Matter is adjourned to 27.06.2023 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Adv. Mr. Sashank More for the plaintiff is present.
None present for the defendant.
Heard argument of ld. Adv. for the plaintiff on Ch/s No. 1957/2018 and 1958/2018.
Adjourned for Ch/s Order to 07.07.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Adv. Mr. Sashank More for the plaintiff is present.
Adv. Mr. Sameer Sarmbalkar for defendant No. 1 is present.
Today, matter was fixed for Order on Ch/s. Nos. 1957/2018 and 1958/2018. However, adv. for defendant No. 1 submitted that he is not served with Ch/s but defendant No. 1 is ready to file reply today, itself. Plaintiff has no objection for the same. Hence, defendant No. 1 is permitted to file say to Ch/s.
Adv. for defendant No. 1 endorsed say on Ch/s Nos. 1957/2018 and 1958/2018.
Heard both the sides on Ch/s Nos. 1957/2018 and 1958/2018.
Matter is adjourned to 21.07.2023 for Ch/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Adv. Mr.Shashank More for the plaintiff is present.
Keep back.
Later on.
As Court is busy in hearing arguments on ad-interim relief in Suit No.1705/2023. Hence, board is discharged and matter is adjd. to 27.07.2023 for Ch/s. orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: None present for both the sides.
The following Order is passed on Ch/s No. 1957/2018:
	Plaintiff has taken out present Ch/s for amendment. It is contention of the plaintiffs that they have filed the present suit for injunction and for other relief. The matter was referred to mediation, however, it failed. No settlement has been worked out between plaintiff and defendant No.1. Hence, plaintiffs have been deprived from their suit property. Defendant No. 1 is not ready to hand over the plaintiffs share in the suit property. Hence, plaintiffs moved this Ch/s for amendment and inclusion of relief of partition under Hindu Succession Act. Hence, plaintiff prayed for allowing Ch/s.
	Defendant No. 1 opposed Ch/s by filing his say overleaf. Other defendants failed to file their reply. Defendant No. 1 submitted that plaintiffs are now, changing the nature of the suit from declaratory suit to partition suit. Hence, present Ch/s be dismissed.
	Heard both the sides. It appears that plaintiff has filed suit for injunction. Now, plaintiff is intending to add prayer of partition and for carrying out consequential amendment. Though, Ch/s is opposed by defendant No. 1, in order to avoid mulitiplicity of proceedings it would be just and proper to allow the plaintiff to amend the plaint as prayed. Hence, I proceed to pass the following Order:
ORDER
1.	Chamber Summons No. 1957/2018 is made absolute.
2.	Plaintiff is permitted to amend the plaint as prayed.
3.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
4.	Chamber Summons No. 1957/2018 stands disposed off.
The following Order is passed on Ch/s No. 1958/2018:
	Plaintiff has taken out present Ch/s for amendment in the plaint. It is contention of the plaintiff that she has filed present suit for injunction and other reliefs. It has came to his notice that there is typographical error in para 20 of the plaint, whereby the shares in the suit premises for each of the plaintiffs is mentioned as one fifth, wherein it should be one sixth each. Hence, plaintiff prayed for allowing Ch/s.
	Defendant No. 1 opposed the Ch/s by filing reply overleaf. Other defendants failed to file their reply. It is submitted by defendant No. 1 that the suit is not for partition and therefore Ch/s is not maintainable and it be dismissed.
	Heard both the sides. Considering the submissions, I am of the opinion that the proposed amendment, being technical, needs to be allowed. No prejudice will be caused to the defendants if Ch/s is allowed. Hence, I proceed to pass the following Order:
ORDER
1.	Chamber Summons No. 1958/2018 is made absolute.
2.	Plaintiff is permitted to amend the plaint as prayed.
3.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
4.	Chamber Summons No. 1958/2018 stands disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 27-07-2023

Main Case No: SUIT/0100654/2016
Main Cnr: MHCC010021672016
Main Filing No: 111447

Registration Number: 101958/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 114478/2018
Filing Date: 25-10-2018
First Hearing Date: 09th January 2019
Decision Date: 27th July 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE