Mr. Anil Gajanan NaikVsThe State of Maharashtra

Date: 19-03-2018
Business: Matter assign to this Court.
None present for Plaintiff and Defendant.
Plaintiff to serve letter of request upon Defendant.
Adjourned to 06.06.2018 for Letter of request.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv. Arvind Taral for Plaintiff present.
Adjourned to 25.09.2018 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: Adv. Mr. Pokale for Plaintiff present and filed letter of request.
None present for Defendant.
Matter adj. to 26/11/2018 for Writ of Summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Adv. Mr. Pokale for Plaintiff present.
Adv. Mr. Kudalkar for Defendant/State present and seeks time to file WS.  Time granted.
Matter adj. to 14/01/2019 for filing WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: None present for plaintiff.
Adv. Shukla h/f Adv. Khatib for defendant/state present.
Period of 30 days from service of suit summons on defendant is already expired hence, suit to proceed without WS against defendant.
Adjd. for evidence without WS to 02.03.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: None present for plaintiff.
Court busy in other old matters hence, this suit is adjourned to 13.06.2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adv. Pokle for the Plaintiff present.
Adv. Shukla h/f Khatib for Defendant no. 1 present. (without WS
Adv for the Plaintiff seeks adjournment. Granted.
Matter is adjd. to 17.09.2019 for evidence of the Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. M. D. Pokale for the Plaintiff present.
Adv. Khatib for Defendant present.
List of documents tendered by the Plaintiff. t.o.r. O-filed.
Affidavit of examination in chief of PW-1. t.o.r.
As court is busy in hearing arguments and recording evidence in Hct. T. B. Hence board is discharged.
Matter is adjd. to 5.12.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Plaintiff is present.
Adv. M.D. Pokale for Plaintiff if present. Evidence of plaintiff and list of document  filed on 17/09/2019 are marked at Exh. 4 and 5.
Plaint.
V/N in plaint.
Memorandum of Address in plaint.
Adv.Kapse  for Defendant is  present.
Matter is adjd. for  hearing on documents/ cross examination to 22/01/2020.
Next Purpose: HEARING
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Next Purpose: HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Arvind Taral for plaintiff is present.
Adv. Khatib for defendant is present. He filed say on list of documents Exh. 5.
PW-1 is absent.
Matter is adjd. for hearing on documents/cross examination of PW-1 to 01/04/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
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: 08-12-2020

Date: 08-12-2020
Business: None present for Plaintiff.
	PW-1 is absent.
	Adv. Ms. Bavkar for State present.
	Matter adj. to 10/03/2021 for hearing on the Documents/Cross Examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None present.
Matter is adjd. to 03/05/2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Due to COVID-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: court is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Arvind Taral for plaintiff present and filed Vakalatnama. t.o.r. and marked as Exh.6.
Adv. Khatib for defendant present.
Defendants has filed objection at Exh.5 and only admitted the documents at Sr. No.3. He has denied other documents. Therefore, except Sr. No.3 other documents are exhibited subject to objection of other side.
Copy of Indemnity Bond dated 04/03/2006 at page Nos.1 to 8. t.o.r. and marked as Exh.7 Colly.
Copies of the plaintiffs Pan Card an Aadhar Card at page Nos.9 to 10. t.o.r. and marked as Exh.8 Colly.
Original Missing Certificate Issued by the concerned police station dated 03/01/2006, at page No.11. t.o.r and marked as Exh.9.
Copy of Notice dated 21/09/2017 with acknowledgement at page Nos.12 to 17. t.o.r. and marked as Exh.10.
Matter is adjd. to 28/10/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Plaintiff present. His advocate is absent.
Adv. Mr. Khatib for defendant No.1 present.
Matter is adjd. to 17/12/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv Arvind Taral present for the plaintiff.
KB
LO
Adv Khatib present for the state.
Matter is adjd. to 11.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Plaintiff in person present.
Adv.Gharal for plaintiff is present.
Adv.Khatib for defendant is present.
Cross examination of PW-1 is over.
Ld. Advocate for plaintiff filed evidence close pursis.  Exh-11.
Matter proceeded without WS of defendant. Hence it is listed of arguments.
Matter is adjd. to 21.01.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Adv Taral for plaintiff present.
Adv Khatib for State present.
Matter is adjd. to 08.03.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. Arvind Atul Taral for Plff. present and filed draft Ch/s along with affidavit. O- Leave is granted to register. Serve otherside.
Matter is adjd. to 31-03-2022 for Ch/s service and reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. Arvind Taral for plaintiff present and filed registered Ch/s 363/22
Adv. Chandramore for BMC present.
Adv. Kapase for State present.
The suit is filed for declaration Civil death. Originaly the BMC was not party to the suit. However considering the relief of directions to issue death extract, it appears that The Municipal Corporation of Greater Mumbai is necessary party to the suit. Effective decree can not be passed without impleading the BMC in the suit. Hence Ch/s 363/2022 is allowed. Plaintiff to carry out necessary amendment within time.
Ch/s 363/2022 is disposed off.
Matter is adjd. to 14-06-2022.
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Arvind Taral for Plaintiff present.
Adv. Chandramore for BMC present.
Adv. Khatib for State present.
Copy of examination in chief served to Adv. for BMC.
Matter is adjd. to 04-07-2022 for cross examination by defendant BMC.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: None present for plaintiff.
Adv. Khatib for State present.
Matter is adjd. to 19-08-2022 for  cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Arvind Taral for plaintiff present.
Witness is present.
Resumed cross examination of PW- 1 by Adv. Chandramore for Deft.no. 2/BMC recorded and completed.
Adv. for plaintiff submitted that he is going to file evidence closure pursis.
LO at 12.24 pm
Adv. for plaintiff filed evidence closure pursis. It is marked as Exh.11.
Matter is adjd. to 16.09.2022 for R/E of deft
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Court is busy in hearing argument in Su. 725/21 and dictating judgment in Suit No. 2607 of 2008.
Hence, Matter is adjd. to  07.10.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Court is busy in hearing arguments in High Court Time Bound Matter Suit No. 833/2015. Hence, Board is discharged.
Matter is adjd. to 04.11.2022 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Court is on leave.
Hence, Matter is adjourned to next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Arvind Taral for plaintiff present.
Advocate Mr. Khatib for the State/defendant No.1 present.
Adv. Chandramore for defendant/BMC present and submitted that her argument is taken to be heard.
Heard argument of Adv. for plaintiff and Adv. for deft.no. 1/State.
Matter is adjd. to 12.12.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Arvindra Taral for plaintiff present.
Adv. Sachin Kadam for defendant / State present.
Adv. Chandramore for defendant/BMC present.
KB for order
LO at 5.30 pm
Judgment - Exh.12
F.R.S.R. the following order is passed in Suit No. 650/2018
Order
1. The suit is hereby decreed.
2. It is hereby declared that the father of plaintiff i.e Mr. Gajanan Ramchandra Naik is not being heard of for more than last seven years and he is Civil Dead.
3. The defendants are directed to register the death of father of plaintiff i.e Mr. Gajanan Ramchandra Naik and issue Death Certificate accordingly.
4. No order as to costs of the suit.
5. Decree be drawn accordingly.
6. The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 12-12-2022

CHAMBER SUMMONS/100363/2022

Registration Number: 100650/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 101287/2018
Filing Date: 20-01-2018
First Hearing Date: 19th March 2018
Decision Date: 12th December 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE