Justice M L Tahilyani is likely to hear Nilangekar's petition tomorrow.
The CBI court had, on September 17, rejected his plea seeking to intervene in the hearing of petition filed by the activist Praveen Wategaonkar.
Wategaonkar alleges that Nilangekar, during his tenure as Revenue Minister, granted certain approvals to the Society illegally and he should be made an accused in the case.
CBI's charge sheet of July 2012 names former Chief Minister Ashok Chavan and 12 others but the court is yet to take cognisance of it.
Adarsh Society, a high-rise building in south Mumbai, allegedly obtained several illegal concessions in return for allotment of flats to politicians and bureaucrats.