Date: 15-02-2025
Business: As per office order no. 130/19 dt. 21/09/2019, Resumed before Special Bench Shri. M. R. Jadhav, Addl. Chief Judge and Shri. P. K. Kharate, Judge.
Appellant absent and Adv. present.
Adj. for Admission.
Next Purpose: Admission at 11.00 A.M.
Next Hearing Date: 01-03-2025
Date: 01-03-2025
Business: Resumed,
Appellant absent and Adv. present.
Heard Adv. for Appellant.
Order passed on Exh. 1.
O- Heard. Misc. Appeal is admitted. Issue notice to Respondents R/o. 26.03.2025.
Exh. 6/D- Application of Appellant for stay the carrying out of amendment. O- Issue notice to Respondents. R/o. 26.03.2025.
Adj. for Alias as per Exh. 1 and Exh. 6.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Resumed,
Both parties absent. H/Adv. Jausud Pendhari for Appellant present. Adv. for Respdt No. 5 present.
Exh. 9/D- S.V. of DSK Legal Advocates and Solicitors for Respdt No. 5. O- Seen and filed.
Adj. for Steps for service of Respdt No. 1 (incorrect address).
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Resumed,
Appellant absent and H/Adv. Preeti present. Respdt absent. H/Adv. Vijaya for Respdt No. 5 present.
B.C. Adj. for Proper steps.
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 23-04-2025
Date: 23-04-2025
Business: Resumed,
Appellant absent and H/Adv. Pendhari present. Respdt absent. Adv. Sabnis for Respdt No. 5 present.
Exh. 10/D- Application filed by Adv. for Appellant for Amendment. O- O.S. to Say.
B.C. Adj. Reply to Exh. 10 by Respdt.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: Resumed,
Adv. for Appellant present.
Adj. for Reply on Exh. 10 by Respdt.
Next Purpose: Notice for Reply at 11.00 A.M.
Next Hearing Date: 18-06-2025
Date: 18-06-2025
Business: Resumed,
Adv. for Appellant present. H/Adv. Vijaya Botlewar for Respdt No. 5 present.
Hand written say given on Exh. 10 by Respdt No. 5.
Order passed below Exh. 10 -Application allowed (see detail order)
Adj. for Compliance of Exh. 10 (Amendment)
Next Purpose: StepsOrders at 11.00 A.M.
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: Resumed.
H/Adv Jasut Pendhari for Appellant present. H/Adv Vijaya Botlawar for Respdt no 5 present.
Copy of amended Appeal Memo supplied by appellant.
Exh 11/D- Appln for permitting to serve the appeal memo and stay appln upon Respdt no 1 filed by Appellant .
Order passed- Reissue notice on given address on p.f.
Adj for issue notice as per order passed in Exh 11.
Next Purpose: Unserved at 11.00 A.M.
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Resumed.
Adv for Appellant present. Adv Gayatri Devendra for Respdt no 1 present. Adv for Respdt no 4 and 6 present.
Exh 12/D- Memo of Appearance filed for Respdt no 1.
Exh 13/D- S.V of Adv DSK Legal filed for Respdt no 4.
Exh 14/D- S.V of Adv DSK Legal filed for Respdt no 6.
Adj for Hg.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: Shri D.R.Mali is on leave. As per office order no 130/2019, Charge before special bench Shri Ashish A.Ayachit ,Addl chief Judge and Shri S.H.Inamdar,Judge .
Adv for Appellant present. Adv for Respdt no 1 ,4 to 6 present.
Exh 15/D- S.V of Adv Lalit Jain filed for Respdt no 1 present.
Exh 16/D- Reply filed by Respdt no 1 .
Adj for Hg.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: Resumed.
Adv for Appellant present. Respdt no 1 and his adv present. Adv S.B.Sabnis for Respdt no 4 to 6 present.
Partly heard argument by Appellant.
Adj for further argument by Appellant.
Next Purpose: Hearing at 11.00 A.M.
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: Resumed,
Adv. for Appellant present. Adv. Lalit Jain for Respdt No. 1 on V.C. present. Adv. for Respdt No. 4 to 6 present.
Partly heard argument by Appellant (1.10 to 1.55 pm)
Adj. for Further argument by Appellant.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: Resumed.
Adv for Appellant present. Adv Sabnis for Respdt 4 and 6 present. Adv Lalit Jain for Respdt no 1 present on V.C. Holding adv Gayatri for Respdt no 1 present.
Heard argument by Appellant (11.15 to 1.25 p.m.)
Exh 17/D- List of citation filed by Appellant.
Adj for Hg by Respdt.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 10-09-2025
Date: 10-09-2025
Business: Shri A.A.Ayachit, Addl Chief Judge is on leave. Charge before special bench Shri S.H.Inamdar, I/c Judge and Shri D.R.Mali, Judge.
Appellant absent and H/Adv. Jasut Pendhari present. Respdt absent and H/Adv. Gayatri Devendra for Respdt No. 1present. Adv Sabnis for Respdt No. 4,5 and 6 present.
Adj for Hg by Respdt.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Resumed,
Adv. for Appellant present. H/Adv. Gayatri for Respdt No. 1 present. Adv. for Respdt No. 4 to 6 present.
Heard argument by Respdt (11.40 to 12.10 pm)
Exh. 18/D- Notes of argument filed by Respdt.
EXh. 19/D to 23/D- List of citations filed by Respdt.
Adj. for Further Heg. by Respdt at 12.30 pm.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 20-09-2025
Date: 20-09-2025
Business: Resumed.
Adv for Appellant present. Adv for Respdt no 1 present. Counsel adv D.C .Mehta for Respdt no 1 present. Adv for Respdt no 4 to 6 present.
Heard argument by Counsel Adv D.C. Mehta for Respdt no 1 (1.10 to 1.25 p.m.)
Adj for further Hg by Respdt no 1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 04-10-2025
Date: 04-10-2025
Business: Resumed.
Holding adv Jasud for Appellant present. Adv for Respdt no 1 present. Holding adv Purnima for Respdt no 4 to 6 present.
Court busy in dictating the judgements in M Appeal 6/24 and Revision 116/24.
Adj for further argument by Respdt no 1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 18-10-2025
Date: 18-10-2025
Business: Resumed,
ADv. for Appellant present. Adv. Lalit Jain for Respdt No. 1 present. Counsel Adv. D.C. Mehta for Respdt No. 1 present. H/Adv. Vijaya Botlawar for Respdt No. 4 to 6 present.
Adj. for Further argument by Respdt No. 1.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 01-11-2025
Date: 01-11-2025
Business: Resumed.
Adv Snehal Modi for Appellant present. Adv Lalit Jain for Respdt no 1 present. Adv S.B.Sabnis for Respdt no 2,5,6 present.
Heard argument by Counsel Adv D.C.Mehta for Respdt no 1. (11.45 to 12.45)
Exh 24/D- List of Citations filed by Respdt no 1.
Adj for reply on citations by Appellant.
Next Purpose: Part Heard at 11.00 A.M.
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Resumed,
Appellant absent and his Adv. present. Respdt absent and H/Adv. for Respdt No. 1 present. Adv. for Respdt No. 4,5,6 present.
Adv. for Appellant argued. Adv. for Respdt No. 4,5,6 argued.
Adj. for Judgment.
Next Purpose: Judgment at 11.00 A.M.
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: Resumed.
Adv for appellant present. H.adv Shalaka Pawar for respdt present. Adv S.B. Sabnis for respdt no. 4 to 6 present.
Common Judgment pronounced in open Court.
Exh.25/A- Judgment.
1. Misc. Appeal No. 2 of 2025, Revision Appln No. 18 of 2025 and Revision appln No. 19 of 2025 are allowed in following terms-
2. Order passed below Exh. 72 and Exh. 90 in RAE and R Suit No. 14/55 of 1992 pending in the court of Small Causes, Bandra Branch (C. R. No. 36) dt. 17.10.2024 is set aside and both applns are restored to it's original file for decision according to law and by keeping the observation made in the judgment.
3. The learned trial judge while considering and deciding the both applications may deal with other Miscellaneous appeals of similar nature which are pending and sub-judiced for the trial.
4. Parties shall bear their own costs.
5. Notify the judgment to the learned trial court.
Nature Of Disposal: Judgement
Disposal Date: 26-11-2025
