Date: 07-01-2019
Business: Both parties and Adv absent.
K.B.
L.O.
Adv. Mohd Akram for Plaintiff present.
List of documents sought to be returned is filed by Adv for Plaintiff.
Adj for order to 09.01.2019.
Next Purpose: ORDER
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Plff and Adv absent.
K.B.
L.O.
Adv. Khan for plff present.
Registrar(Civil) is directed to direct concerned official to report whether documents as per list sought by the Plaintiff are available of the R and P of suit no.6825/79.
Adj for compliance to 22.01.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Mohd. Akram Khan for Plaintiff present.
Ex.A Report submitted by Registrar alongwith report of Superintendent (Decree Drafting department) t.o.r.
It is reported that documents are received in C.R.No.2 by Mr. Gadhve, then Sheristedar of C.R.No.2 on 04.02.2014.
Officials of this Court to trace out documents and submit report.
Adj for compliance to 27.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Mohd. Akram for Plaintiff present.
Received report dtd.16.02.2019 of Sheristedar of this Court.
In view of report of Sheristedar, Registrar(Civil) to take steps to call report of previous Sheristedar Arun Gaikwad and Board Clerk Seema Ketkar.
Registrar(Civil) also to take steps to ascertain from Mr. Gadhave, then Sheristedar of C.R.No.2 about the documents who as per report of Suptd.,Decree Department, has received documents on 04.02.2014.
Adj for compliance to 05.04.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Mohd. Akram for applicant present.
None for Defendant.
Adj for report to 02.07.2019.
Next Purpose: REPORT
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: Heavy rain reported.
Parties are absent.
Adjd to 17.07.19 for RE
Next Purpose: REPORT
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: None for applicant.
Sheristedar and concerned Clerk of this Court have already given report and they reported that they have not found documents as mentioned in present application.
Clerk-cum-Typist of Record Department informed that record of Civil Suit No.6825 of 1979 has never been received by said department.
Keeping in view report of Superintendent of Decree Drafting Department, Registrar(Civil) to take necessary steps for placing the same before Hon\''ble P.J. for appropriate action.
Registrar(Civil) to comply.
Adj for compliance to 31.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Plff and Adv absent.
Deft and Adv absent.
K.B.
L.O.
It is orally informed that for necessary steps, it is under process with Registrar(Civil).
Meanwhile, Registrar(Civil) to ascertain from the concerned official facts whether those documents are again forwarded to Hon\''ble High Court in Appeal No.454/09 or not.
Hence, adj for compliance to 03.09.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: NOBTOB.
Report received from retired Sheristedar Shri. Arjun Gadhave vide i/w. no.2091/19 dtd.13.08.2019 t.o.r.
Put up with record.
Matter is already adj to 03.09.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: Adv. Ms. Bhavika h/f Adv. Akram For Plaintiff present.
None for Defendant.
Advocate for Plaintiff to take note of roznama dt. 07.08.2019 and 14.08.2019.
On request of advocate for Plaintiff matter is adjourned.
Matter adjd to 05/10/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Adv. Akram for Plaintiff present.
KB
Same appearance.
Puris along with list of documents sougth to be return filed by adv. for plaintiff t.o.r.
Adjd. to 10.10.2019 for order.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv.Akram for Plaintiff present.
None for defendant.
KB
As court is busy in passing order and hearing other matters.
Adjd. To 11.10.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Akram for plaintiff present.
As court is busy in hearing other matters hence, matter is adjd. to 15.10.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Mohd. Akram Bastivi is present.
KB
Adv. Mohd. Akram Bastivi is present.
ORDER PASSED BELOW EXH.1
Applicant/plaintiff No.1c (iv) has applied for return of documents as per list annexed to pursis filed on 05.10.2019. Suit No.6875 of 2019 is already disposed off. On perusal of record and proceeding of said disposed off suit it seems that those documents have been placed on record by the plaintiffs. It is pertinent to note that as per Order XIII Rule 9 of CPC admitted documents can be returned to the party who produce the same. Those documents are admitted in evidence and marked exhibits. The proceeding is already disposed off. There is nothing on record to suggest that any appeal is pending against the order terminating the proceeding of aforesaid suit. Therefore, I find it just to return documents as per list annexed to pursis dated 05.10.2019 to applicant on filing attested copy of those documents to be substituted for original after obtaining acknowledgment about receipt of those documents and giving undertaking to produce those original documents if required to do so. Hence, pass following order.
ORDER
1. Miscellaneous Application No.4 of 2019 is allowed.
2. Documents as per list annexed to pursis dated 05.10.2019 be returned to applicant on filing attested copy of those documents to be substituted for original after obtaining acknowledgment about receipt of those documents and giving undertaking to produce those original documents if required to do so.
3. Record and proceeding be returned to the Department.
4. Accordingly, miscellaneous application is disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 15-10-2019