Date: 28-02-2019
Business: Adv. Boricha for plaintiff present and tendered draft Notice of Motion with affidavit in support.
O- Heard learned advocate for the plaintiff. Prayer is made in the NM to issue direction to BMC to record the Death Certificate to the plaintiff. Perusal of the plaint shows that suit is filed for declaration of civil death of uncle Bhupendrabhai of the plaintiff. The contentions raised by the plaintiff about missing of said Bhupendrabhai for more than 7 years will have to be considered on merits by giving opportunity of leading evidence to the plaintiff. Unless and until the declaration is granted, any direction cannot be given to BMC to record in the Death Register about death of Bhupendrabhai hence, leave is not granted to register the NM. Draft NM is disposed of accordingly. Plaintiff is directed to serve the defendants with Writ of Summons.
Adjourned to 01.04.2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv. Nethalal Boricha for plaintiff present
Adv. Suryavanshi for defendant/BMC present and waived service of writ of summons by accepting copies of plaint and annexures in court today.
AGP Shri Khatib for defendant/State present.
Advocate for the plaintiff served copies of plaint and annextures on defendant no.1 personally by handing over those copies to the clerk in AGP office. By consent, matter is adjourned for WS to 20.06.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Adv. Mr. N. D. Moricha for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No. 2 present.
Adv. Kudalkar h.f Khatib for Defendant no. 1 present.
Original letter of request tendered by the Plaintiff. t.o.r.
The Plaintiff is directed to publish public notice disclosing the filing of the suit and reliefs claimed in the suit, in daily videly circulated newspapers.
Matter is adjd. to 31.08.2019 for compliance by the Plaintiff/ WS by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Adv. Mr. Boricha for the Plaintiff present.
Adv. Khatib for Defendant present.
Adv. Ms. Chandramore for BMC/Defendant no. 2 present.
Already Vakalatnama of the Plaintiff.
Address memo of the Plaintiff.
Paper publication tendered by the Plaintiff. t.o.r.
Matter is adjd. to 17.10.2019 for compliance by the Plaintiff/ WS by the defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Boricha for plaintiff is present. On his request matter is KB for tendering evidence.
Adv. Chadramore for defendant no. 2 is present.
Kb
L.O.at 01.25 pm
Same appearance by adv. of plaintiff and defendant no. 2.
Adv. of plaintiff filed affidavit of evidence but it is not in proper formed and the list of documents is not filed. Therefore adv. of plaintiff is directed to file proper affidavit of evidence a/w list of documents
Matter is adjd. for evidence of plaintiff to 19/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None for plaintiff.
Matter is adjd. to 15/04/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Due to Covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: due to covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: As Court is busy in hearing argument in SU No.6910/78 and SU No.4289/19. Hence, Board is discharged.
Matter is adjd. to 18.01.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Plaintiff in person present.
Adv Nathalal Boricha for plaintiff present.
Matter is adjd. to 03.03.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
Adv. Mr. N.D. Boricha for plaintiff is present and tendered affidavit of evidence for plaintiff. TOR. It is marked at Exh. 05. and also tendered list of documents. TOR. It is marked at Exh. 06.
None present for defendant.
LO at 1151 am.
Adv. Mr. Khatib Shaikh for defendant is present.
Matter adjourned for Say of admission denial to 20.04.2022.
Next Purpose: REPLY
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for say on admission and denial/order to 30/06/22
Next Purpose: FILING SAY
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: None present for plaintiff.
Adv Priyanka h/f Adv Khatib present for defendant no. 01 and sought time to file Written Statement.
Adv Chandramore present for defendant no. 02.
Matter adjourned for No WS to 08.07.2022.
Next Purpose: FOR___________________
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv N.D. Boricha present for plaintiff.
Adv Khatib present for defendant no. 01/State.
Adv Chandramore present for defendant no. 02.
Copy of affidavit of evidence and list of documents is supplied to the defendant no. 01.
Matter adjourned for admission denial to 18.07.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. N. D. Boricha present for plaintiff.
Adv. Chandramore present for defendant 02/MCGM.
Adv. Khatib present for defendant no. 01 and filed say on admission and denial on Exh. 06 itself.
Matter adjourned for hearing on admissibility of documents to 01/08/22.
Next Purpose: HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Boricha present for plaintiff and he tendered additional affidavit of evidence of plaintiff t.o.r. marked as Exh. 05 A @ list of documents t.o.r marked as Ex. 06 A.
copy served to the other side
Adv. Khatib present for defendant 01.
Matter adjourned for admission and denial to 03/09/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: As per Office Order No. 178/2022, Special holiday declared. Hence matter is adjd. to 03/10/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Plaintiff in person present.
Adv. Absent for plaintiff.
Adv. Chandramore present for defendant/MCGM and filed say on admission and denial on Exh. 06A itself.
Adv. Khatib present for defendant 01 and filed say of admission and denial on Exh. 06A itself.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendants on admissibility of documents below list Exh. 06A.
Following order as to admissibility of documents is passed below Exh. 06A.
Perused the affidavit in lieu of examination in chief of pw no. 01 Mukund Jashbhai Patel, list of document Ex. 5A, the documents annexed therewith, say of defendants and record. Heard both the sides.
The document at sr. no. 01 is the original certificate issued by senior police inspector, Kalachowky police station Mumbai in discharge of his official function. Pw no 01 has adduced proper evidence in respect of same. Hence, document at sr. no. 01 marked as Exh. 07.
The document at sr. no. 02 is the photocopy of \''Talash Form\'' being photocopy, the above document is not admissible. Hence, document at sr. no. 02 is marked as article P-01.
The document at sr. no.03 is the office copy of plaintiff\''s application to the senior P.I. for issuance of missing certificate. Hence, document at sr. no. 03 is marked as Exh. 08.
The document at sr. no. 04 is the original certificate issued by senior police inspector, Kalachowky police station Mumbai in discharge of his official function. Pw no 01 has adduced proper evidence in respect of same. Hence, document at sr. no. 04 marked as Exh. 09.
The document at sr. no. 05 is the office copy of plaintiff\''s notice issued to the defendant no. 01. Pw no 01 has adduced proper evidence in respect of same. Hence, document at sr. no. 05 is marked as Exh. 10.
The document at sr. no. 06 is the original rashan card issued by public authority. Hence, document at sr. no. 06 is marked as Exh. 11.
The document at sr. no. 07 is the original identity card of Bhupendrabhai Patel issued by Election Commission of India. Hence, document at sr. no. 07 is marked as Exh. 12.
The document at sr. no. 08 is photocopy of PAN Card of Bhupendrabhai Patel. Hence, document at sr. no. 08 is marked as Article P-02.
Matter adjourned for cross examination of pw no. 01 to 01/11/22.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Boricha present for plaintiff.
Adv. Pratik korgaonkar hf adv. Khatib present for defendant 01.
Adv. Chandramore present for defendant 02/MCGM.
PW- 01 Mr. Mukund Jashabhai Patel.
Cross-examination of PW- 01 Mr. Mukund Jashabhai Patel by adv. Khatib for defendant no. 01 and advocate Chandramore for defendant no. 02/MCGM is recorded and completed at Exh. 05.
Adv. For plaintiff submitted that, plaintiff do not want to lead further evidence.
Adv. For defendants submitted that defendant no. 01 and 02 do not want to lead any evidence.
Matter adjourned for final arguments to 10/11/22.
l.o. at 01.16 pm.
Adv. Boricha present and he filed evidence closing pursis. t.o.r. marked as Exh. ---
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Boricha present for plaintiff.
Adv. Khatib present for defendant.
Adv. Chandramore present for defendant/MCGM.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendants.
Matter adjourned for judgment to 16/11/22.
Next Purpose: JUDGMENT
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv Boricha present for plaintiff.
Adv Khatib present for defendant no. 01.
Adv Chandramore present for defendant no. 02/MCGM.
Plaintiff in person present.
Exh-14 Judgement.
FRSR Judgement is delivered and following order is passed:
Order:
1) Suit is partly decreed with proportionate costs.
2) It is hereby declared that Mr. Bhupendrabhai Becharbhai Patel is dead.
3) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 16-11-2022