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SUIT - SHORT CAUSE CIVIL SUIT

Manohar Manglya Pagdhare +1 moreVsState of Maharashtra +1 more

CNR MHCC0100109220209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 14th November 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100486/2020
Registration Date
11 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-03-2020
    Business: Adv. Poonam Kadam for Plaintiff present.
    Issue letter of request to the defendant no.1, writ of summons to defendant no.2 and the proclamation be published in a daily newspaper normally circulated at the place of last residence of missing person.
    Matter is adjd. for service of summons to 10/6/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: SERVICE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Plaintiff No.1 is present.
    Adv. Ms. Sakshi Jha  for the plaintiff.
    Advocate for the plaintiff filed application for extension of service of summons.
    O- Time for service of summons is extended till next date.
    Matter is adjd. to 03/05/2021 for service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As  per Office Order No.213 of 2021. Holiday is declared today. Hence, Matter is adjd. to 23/10/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv. Mr. Manoj Jaiswal for the plaintiff present and filed letter of request and writ of summons. t.o.r.
    Adv. Mr. Khatib for the defendant No.1 is present.
    Matter is adjd. to 13-12-2021  for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv Mr.Yadav present for the plaintiff.
    Adv Khatib present for the state.
    Matter is adjd. to 09.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 20.04.2022 for Service.
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Aarti R. Dharmsey for plaintiff present.
    Adv. Chandramore for BMC present.
    Adv. Kapase for State present and files draft N/m a/w affidavit in support a/w written statment for condonation of delay in taking written statement on record. TOR. Leave is granted to register the same. Serve other side.
    Matter is adjd. to 30-06-2022 for N/m service and reply..
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Adv. B.R. Krishnan for plaintiff present.
    Adv. Priyanka Gavkar h/f Adv. Khatib for State/defendant no.1 present and requested for extending time for register the N/m-O- Time granted.
    Matter is adjd. to 18-08-2022  for reply to N/m
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: As court is busy in hearing notice of motion bearing no. 2661/2021 in Suit No 1513/2022 hence discharged.
    Matter is adjd. to 15.10.2022 for reply rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Adv. Yogesh Kumar for plaintiff present and seeking time for filing reply. Time granted.
    None present for defendant
    Matter is adjd. to 09.12.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv. Archana Chorage I/b Adv. Manoj Jaiswal and Associates for plaintiff present.
    Adv. Sachin Kadam for defendant no. 1/State present and filed registered NM No. 2585/22 alongwith affidavit in support.
    Heard both the sides.
    KB
    LO at 5.30 pm
    F.R.S.R. the following order is passed in Notice of Motion No. 2585 of 2022.
                                                 Order
    1. Notice of Motion No. 2285 of 2022 is hereby allowed subject to the payment of costs of Rs.1,000/- (Rupees One Thousand only) payable by the Defendant No. 1 to the plaintiffs on or before next date.
    2. On payment of costs, delay be condoned and allowed to file written statement of defendant no. 1 for taking on record on or before next date.
    3. Failure to make compliance, Notice of Motion will be dismissed automatically.
    4. Notice of Motion No. 2585 of 2022 is disposed of accordingly.
    Matter is adjd. to 27.01.2023 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Priya Singh I/b Manoj Jaiswal and Associates for plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    Advocate Mr. Kapse for the State/defendant No.1 present and seeking time to pay the cost.
    Matter is adjourned to 08.03.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: As Court is busy in checking Judgment of Hon\''ble Supreme Court Time bound matter i.e. 1404/2017. Hence, board is discharged.
    Matter is adjourned to 11.07.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Adv. Ms. Jyoti Khairmode h/f Adv. Manoj Jaiswal for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No. 2/BMC is present.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Kapse for defendant No.3/
    State is present.
    Exh.1- Plaint.
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    The record shows that defendant No. 1 has already filed WS on record. Now, It is marked at Exh. 05.
    Matter is adjourned to 18.07.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Adv. Ms. Amruta Dmello i/b Adv. Jaiswal for the plaintiff is present.
    None present for the defendant.
    Issues framed. It is marked at Exh. 06.
    Matter is adjourned to 07.08.2023 for filing affidavit of documents.
    LO at 12:40 pm.
    Adv. Ms. Chandramore for defendant/BMC is present.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: court is on leave
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: Adv. Ms. Jyoti Khairmore for the plaintiff is present.
    Adv. Ms. Chandramore for defendant/BMC is present.
    Adv. for the plaintiff seeks time to file affidavit of evidence. Time is granted.
    Matter is adjourned to 06.10.2023 for filing affidavit of evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: The plaintiff is present.
    Adv. Mr. Manoj Jaiswal for the plaintiff is present.
    Adv. Mr. Amit Kapse for defendant No.1/ State is present.
    Adv. Ms. Meena Dhuri for defendant No.2/BMC is present.
    Adv. for the plaintiff filed affidavit of examination-in-chief. TOR. It is marked at Exh. 07. O-R&R. He also filed list of documents. TOR. It is marked at Exh. 08. O- Other side to say on exhibiting of documents. Copies are supplied to both the sides.
    KB LO at  01:11 pm.
    Adv. for defendant Nos. 1 and 2 endorsed say on list of documents at exhibit 08.
    It is pointed out that plaintiff No. 2 is expired. Adv. for the plaintiff seeks time to move Ch/s. Hence, matter is adjourned.
    Matter is adjourned to 21.10.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: Adv. Mr. Vaibhav Choudhary h/f Adv. Manoj Jaiswal for the plaintiff is present.
    Adv. Mr. Amit Kapse for defendant No.1/ State is present.
    Adv. for the plaintiff tendered draft Ch/s along-with affidavit in support. O- Leave is granted to register the same till the next date. Copy is supplied to defendant No. 1
    Matter is adjourned to 06.11.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Ms. Aiashwarya Jadhav for the plaintiff is present.
    Adv. Mr. Sidharat Holkar h/f Adv. Kapse for defendant/MHADA is present.
    Adv for plaintiff tendered register ch/s No. 2012/23. Plaintiff that copy served to the other side.
    Adjourned for  reply  to ch/s to 04.01.2024.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: Adv. Mr.Himanshu Mane for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Advocate for defendant no.2 filed reply to Ch/s 2021/23 overleaf.
    Following order is passed Ch/s No.2021 of 2023
         Plaintiff have taken out Chamber Summons for deleting name of plaintiff no.2 from the suit since he is died and for taking on record legal heirs of plaintiff no.2 and for carrying out necessary amendment. Advocate for defendant no.2 file say to the Ch/s overleaf and opposed the same by submitting that plaintiff no.2 expired on 21.09.2022 and present Ch/s filed on 19.10.2023 Hence, Ch/s is not within limitation.
         Heard both sides. It appears that Ch/s is not within limitation. However, it would be just and proper to bring on record legal heirs of deceased plaintiff no.2 in the interest of justice. Hence, I hold that Ch/s deserves to be allowed hence following order is passed.
    -Order-
    1. Chamber Summons no.2021 of 2023 is hereby made absolute.
    2. Plaintiff to carry out necessary amendment withing 14 days and to  supply copy of amendment copy of plaint record.
    3. Chamber Summons no.2021 of 2023 is accordingly disposed off.
    Matter is adjourned to 18.01.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: As per Office Order PO has gone to visit Observation Home and Children Home in Bombay District (Bal Asha, Dr.Mozes Road, Mahalaxmi, Mumbai) Hence, Board is discharged.
    Matter adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Adv. Mr.Vaibhav Choudhary h/f Adv.Manoj Jaiswal for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1/State is present.
    Adv. for plaintiff seeks extension of time for carrying out amendment. Time granted till next date.
    Matter is adjourned to 21.02.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: None for the plaintiff.
    Adv.Mr.Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Matter is adjourned to 16.03.2024 for Further compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: Adv. Mr. Vaibhav Chaudhari h/f Adv. Mr. Manoj Jaiswal for the plaintiff is present.
    Adv.  Mr. Kapse for Defendant/State is present.
    Adv. for plaintiff submitted amended copy of plaint.
    Perused say filed by deft. on list of documents at Exh-8. Upon hearing, following documents at list Exh-8. are Exhibited as follows.
    Document at Sr. No. 1 Death Certificate of plaintiff no. 2  Shri Rohit Manglyan Pagdhare. It is marked at -Exh.-9
    Document at Sr. No. 2 Original Death Certificate of Shri. Manglya Narayan Pagdhare and Mrs. Bistribai Mangalya Paghdare. It is marked at Exh. - 10 colly.
    Document at Sr. No. 4 Original copy of the electricity bill bearing No. 674-193-0392 stads in the name plaintiffs late fathers name. It is marked at Exh-11
    Document at Sr. No. 5 Original ration card standing in the name of Plaintiff No. 1 at his residence address. It is marked at Exh.-12
    Document at Sr. No. 6 Original society maintenance receipt issued by Mahim Macchimar Nagar Building No. 20 Co-op HSG in the name of late mother name of Plaintiffs. It is marked at Exh-13 colly.
    Document at Sr. No. 7 Office copes/original acknowledgment copies of the police complaint filed by plaintiffs through their advocate with Mahim police station and MCGM departments. It is marked at Exh-14 colly.
    Matter is adjourned to 12.04.2024 for cross examination of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Adv. Mr.Vaibhav Choudhari for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1 is present.
    PW-1 Mr.Manohar Manglya Pagdhare is resumed on SA. Exh.7
    Cross-examination of PW no.1 commenced and completed.
    Adv for plaintiff seeks time for further evidence.
    Matter is adjourned to 26.04.2024 for R.E.PH.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: court is on half day (1st session) leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Adv. Mr.Vaibhav Choudhary for the plaintiff is present.
    Adv. Mr.Krishna Yadav h/f Adv. Kapse for defendant/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 19.06.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: As the Court is leave on today. Hence, board is discharged and matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-08-2024
    
    Date: 19-08-2024
    Business: Vaibhav Choudhari present for plaintiff.
    Adv. Mr. Kapse for deft. no. 1/State is present.
    Adv. Mr. Rahul Rathod for deft/BMC is present.
    Adv. for Plaintiff filed additional affidavit marked at Exh. 15.
    Matter is adjourned for argument on 29.08.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: Plaintiff present.
    Adv. Aishwarya present for plaintiff.
    Advocate Kapse for defendant no. 1/State present.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    Adv. for plaintiff filed additional list of documents which is already marked as Exh. 15.
    Following order is passed on admissibility of documents at Exh. 15.
                                    ORDER
    Sr. no. 1 is News paper publication in Marathi news paper (Aapla Mahanagar) is marked as Exh. 16.
    Sr. no. 2 is News paper publication in English news paper (Active Times) is marked as Exh. 17.
    The Advocate for plaintiff and defendant no. 2/BMC filed joint pursis for closing the evidence. t.o.r marked as Exh. 18.
    Adv. for defendant no. 1 also filed Evidence close pursis. t.o.r. marked as Exh. 19.
    Heard arguments of the Adv. for plaintiff and Adv. for defendants.
    Matter is adjourned for judgment to 30/08/24.
    Next Purpose: JUDGMENT
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: Adv. Aishwarya h/f Adv. Manoj Jaiswal present for plaintiff and filed an application for changing case caption. marked as Exh. 20.
    O- Be posted for steps.
    Advocate Kapse for defendant no. 1/State present.
    Advocate Rahul Rathod for defendant no. 2/BMC present.
    Matter is adjourned for taking steps to 23/9/24.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: Plaintiff present.
    Adv. Aishwarya Raje present for plaintiff and filed one application for production of documents. Marked as Exh. 21..
    O- Production is allowed.
    Adv. for Plaintiff filed one certificate. t.o.r.
    Advocate Rahul Rathod for defendant/BMC present.
    Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant/State present.
    Matter is adjourned to 22/10/24 for filling necessary documents.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: Plaintiff is present.
    Adv. Aishwarya Jadhav h/f Adv. Manoj Jaiswal for plaintiff is present and filed two affidavits of evidence of PW -2 Mr.  Manohar Mangalya Pagdhare and PW – 3. Mrs. Hemlata Parashuram Vinde t.o.r. marked as Exh.22 and Exh.23 accordingly.
    Advocate Rahul Rathod for defendant/BMC present.
    Cross-examination of PW 2 and PW 3 by Advocate for State and BMC is commenced and concluded.
    Adv. for plaintiff filed evidence closure pursis. t.o.r. marked as Exh. 24.
    Matter is adjourned for Arguments to 12/11/24.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Aishwarya Raje present for plaintiff.
    Adv. Kapse for state present.
    Advocate Rahul Rathod for defendant/BMC present.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned to 13/11/24 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: Plaintiff present.
    Adv. Aishwarya Jadhav h/f Adv. Monoj Jaiswal present for plaintiff.
    Adv. C. N. Gole present for defendant no. 1.
    Adv. Kudalkar h/f Adv. Kapase for defendant/State present.
    Advocate Rahul Rathod for defendant/BMC present.
    As court is busy in mediation matter, Matter is adjourned to 14/11/24 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Plaintiff present.
    Adv. Aishwarya Jadhav h/f Adv. Monoj Jaiswal present for plaintiff.
    Adv. Maya Dave present for defendants.
    Advocate Rahul Rathod for defendant/BMC present.
    Advocate Kapse for defendant/State present.
    Judgment
    F.R.S.R. Judgment is delivered and following order is passed.
                                   ORDER
    1.	The suit No. 486 of 2020 is hereby decreed.
    2.	It is hereby declared that the elder brother of plaintiff by name Mr. Hareshwar/Harechand Manglya Pagdhare is dead (Civil death) under the provision of 108 of Indian Evidence Act.
    3.	The death certificate of elder brother of plaintiff by name Mr.
              Hareshwar/Harechand Manglya Pagdhare be issued under
              Section 108 of Indian Evidence Act (presumption of Civil
              Death).
    4.	No any order as to costs.
    5.	The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 14-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100906/2020
    Filing Date: 20-01-2020
    First Hearing Date: 03rd March 2020
    Decision Date: 14th November 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Nov 2024

    Order Details: Copy of Judgment Pdf Text: 1 Judgment SC SU 486-2020 MHCC010010922020 Presented on : 20.01.2020 Registered on : 11.02.2020 Decided on : 14.11.2024 Duration : 04 Y : 09 M : 03 D EXHIBIT- 25. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI S.C. SUIT NO. OF 486 OF 2020 1. Mr. Manohar Manglya Pagdhare, Age : 61 years, Occ. : Service, s/o late Mr. Manglya Narayan Pagdhare, Residing at 4th Floor, Mahim Fisherman Colony, S. L. Raheja…

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