Date: 05-07-2019
Business: Adv. Manoj More for the Plaintiff present.
Adv Kapse for Defendant no. 2 present.
Original writ of summons and letter of request filed by the Plaintiff. t.o.r.
Matter is adjd. to 19.09.2019 for steps by the plff in respect of Defendant no. 1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. Surve for the Plaintiff present.
Adv. Khatib for Defendant-2 present.
Affidavit of service of writ of summons of Defendant no.1 filed by the Plaintiff. t.o.r.
Disposed of original registered Ch/s No 1659/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Query regarding cause of action to file the present suit has made by the court.
Adv for the Plaintiff requested for further time to satisfy the query.
Matter is adjd. to 3.01.2020 for compliance by the Plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Mentioned by preciepe.
Adv. V. R. Surve for the Plaintiffs present.
Draft Ch/s alongwith affidavit in support taken out by the Plaintiff for adding defts and amendment in the pleadings. t.o.r. Leave granted to register
Already Matter is adjd. to 3.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Surve for Plaintiff is present. He tendered registered Ch/S NO.2216/2019. Copy is served on adv. of defendant no. 2 to 4.
Adv. Shukla h/f Adv. Kapse for defendant no. 2 to 4 is present.
Matter is adjd. for Ch/S reply to 31/01/2020.
Next Purpose: CHEMBER SUMMONS FOR DELAY
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: Court is on leave.
Next Purpose: CHEMBER SUMMONS FOR DELAY
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: CHEMBER SUMMONS FOR DELAY
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: National Lock Down
Next Purpose: CHEMBER SUMMONS FOR DELAY
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. to 1.3.2021 for ch/sum for delay.
Next Purpose: CHEMBER SUMMONS FOR DELAY
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Mr. Vaidya for the plaintiff.
None for defendants.
Matter is adjd. to 17/04/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: due to covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present.
Matter is adjd. to 28/09/02021 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: As Court is busy in dictating order in NM No.1792/2021 (SU No.1568/2019) and hearing in SU No.1819/2021. Hence, board is discharged.
Matter is adjd. to 29/10/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court busy in dictating order and hearing arguments in Ad-interim matters. Therefore, board is discharged.
Matter is adjd. to 09/12/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv Manoj More present for the plaintiff.
Adv Kapse present for the defendant nos.2 to 4.
Matter is adjd. to 01.02.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv.Vivek Surve for Plaintiff is present.
None for defendant.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O- Leave to register Ch/s is granted. Serve to other side. He filed Two Affidavit of Service TOR.
Matter is adjd. to 05.04.2022 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv.Vivek Surve for plaintiff present and filed registered Ch/s 344/22. Copies served upon defendant no.2 to 4.
Adv. Kapase for defendant nos. 2 to 4.
Matter is adjd. to 15-06-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Vivek Survey for plaintiff present.
Adv. Kapase for State presetn.
Defendant no. 2 seek time for file reply -O- Last chance granted to file reply.
Matter is adjd. to 02-08-2022 for reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Vivek Surve for plaintiff present.
None present for defendant.
Last chance is granted for filing reply.
Matter is adjd. to 29.09.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: As Court is busy in hearing NM Nos. 1686/19 and 4498/17 in Suit No. 287/17. Hence, Board is discharged.
Matter is adjd. to 19.10.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Vivek R. Surve for plaintiff present.
Adv. Kapse for Deft.no. 2 present and seeking time to file reply to chamber summons. Granted as last chance.
Matter is adjourned to 25.01.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: Adv. Vivek Surve for plaintiff present.
As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
Matter is adjourned to 13.03.2023 for Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Vivek Surve for plaintiff present.
None present on behalf of Defendant to file reply, Hence, no reply order is passed against Defendant.
Matter is adjourned to 21.04.2023 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. V.R. Surve for plaintiff present.
None present for Defendant.
Matter is adjourned to 17.07.2023 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Adv. Mr. Vivek Surve for the plaintiff is present.
Adv. Mr. Martina Sakpal for defendant No. 2/State is present.
Heard arguments of advocate for the plaintiff on Ch/s
No. 2216/2019 and 344/2022.
Matter is adjourned to 26.07.2023 for Ch/s Orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Mr. Vivek Surve for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Kapse for defendant No. 2/
State is present.
KB LO at 05:00 pm.
The following Order is passed on Ch/s. No. 2216/2022:
Plaintiff has taken out present chamber summons for addition of party and carrying out necessary amendment. It is contention of the plaintiff that proposed defendant Nos. 3 and 4 are necessary parties and therefore, plaintiff intents to add them and seeks to carry out consequential amendment regarding the same. Hence, plaintiff prayed for allowing chamber summons. No reply has been filed by other side. Considering the grounds, it would be just and proper to allow the chamber summons as prayed. In the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 2216/2022 is allowed.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 2216/2022 stands disposed off.
The following Order is passed on Ch/s No. 344/2022:
Plaintiff has taken out present chamber summons for addition of party and carrying out necessary amendment. It is contention of the plaintiff that he intents to add and make Medical Officer of Heath, MCGM as proposed defendant No. 5 and further to amend the relief seeking direction for issuing Death Certificate in the name of Mahadeo Shiva Govalkar. No reply has been filed by other side. Considering the grounds, it would be just and proper to allow the chamber summons as prayed. In the result, I proceed to pass following Order:
ORDER
1. Chamber Summons No. 344/2022 is allowed.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 344/2022 stands disposed off.
Matter is adjourned to 10.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: None present for both the sides.
Matter is adjourned to 05.09.2023 for compliance.
LO at 03:00 pm.
Adv. Mr. Vivke Surve for the plaintiff is present and filed amended copy of plaint. TOR.
Matter is adjourned to 05.09.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Mr. Vivek Surve for the plaintiff is present.
None present for the defendant.
Exh.1- Plaint.
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. for the plaintiff filed application to issue notice/writ of summons against the newly added defendants. TOR. It is marked at Exh. 05. O- Perused the application. Adv. for the plaintiff prayed that defendant No. 3 be allowed to be served through RPAID and defendant Nos. 4 and 5 be served through baileef. Issue notice as prayed.
Matter is adjourned to 06.11.2023 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Adv. Mr.Vivek Surve for the plaintiff is present.
None for defendant.
Advocate for plaintiff produce on record original Writ of summon and Original letter of request which shows that defendant no.4 and 5 are duly served.
Advocate for plaintiff seeks time to file service affidavit.
Adjourned for affidavit of service to 05.12.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Mr. Aditya Kadam h/f Adv. Surve for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. 5/BMC is present.
Adv. for the plaintiff filed affidavit of service regarding defendant No. 3. As per affidavit of service defendant no. 3 is duly served with writ of summons, but failed to appear. Hence, suit to proceed exparte against defendant No. 3.
Matter is adjourned to 08.01.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2024
Date: 08-01-2024
Business: Adv. Mr. Aditya Kadam for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant No.4/State is present and seeks time to file w/st. Time is granted.
Matter is adjourned to 31.01.2024 for W/St.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: Plaintiff is present.
Adv. Mr.Vivek Surve for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant no. 2 and 4/State is present.
Adv. Mrs.Chandramore for defendant no.5 /BMC is present.
Adv. for defendant no.4/State seeks time to file WS.
KB LO at 11.58 am
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O- Leave to register Ch/s is granted.
Kb LO at.1.12 pm
Advocate for the plaintiff tendered registered Ch/s No.158/2024.
Following order is passed on Ch/s no.158/2024.
Plaintiff has taken out in present ch/s for deleting name of defendant no.1 and for carrying out consequential amendment. It is submitted that defendant no.1 is not proper party and his plaintiff is intending to delete name of defendant no.1 from the present suit. The amendment sought being technical in nature needs to be allowed. Hence, following order is passed.
1. Chamber Summons No.158 of 2024 is made absolute.
2. Plaintiff to carry out necessary amendment forthwith and to supply copy of amended plaint on record.
Matter is adjourned to 09.02.2024 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Court is on leave. Hence, Board discharged matter adjd to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: Adv. Mr.Manoj More for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant no. 2 to 4/State is present.
Adv. Mrs.Chandramore for defendant no.5/BMC is present.
Adv. for defendants seeks time to file WS.
Matter is adjourned to 01.04.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Plaintiff is present.
Adv.Mr.Amit Kapse for defendant no. 2 and 4/State is present.
Adv. for defendant No.2 and 4 seeks time to file WS.
Matter is adjourned to 07.05.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv. Mr. Vivek Surve for the plaintiff is present.
Adv.Mr.Amit Kapse for defendant no.2 and 4/State is present.
Adv. Mrs.Chandramore for defendant No.5/BMC is present.
Deft. no. 2, 4 and 5 failed to file WS within time hence suit to proceed without WS of deft.Nos.2, 4 and 5.
Matter is adjourned to 09.07.2024 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Plaintiff is present.
Adv. Mr.V.Surve for the plaintiff is present.
Adv. Mr. V.G.Shinde for defendant No.5/BMC is present.
Adv. for plaintiff filed affidavit of evidence marked at Exh-6 and also filed list of document marked at Exh-7.
following document are exhibited.
Verified document school leaving certificate of plaintiff No.1 dtd.03.02.2002 marked at Exh-8.
Verified document school leaving certificate of Plaintiff No.2 dtd.08.07.2022 marked at Exh-9.
Verified document Aadhar card of Plaintiff No.1 marked at Exh-10.
Verified document Aadhar card of Plaintiff No.2 marked at Exh-11.
Verified document School Leaving certificate of Mahadeo Shiva Govalkar marked at Exh-12.
Verified document Missing Certificate dtd.14.02.206 i.e. Pramanpatra of our missing father and its notarized true copy issue by defendant No.4 marked at Exh-13.
Verified document Share Certificate dtd.31.08.1997 in the name of our missing father, issued by the defendant no.3 society marked at Exh-14.
Verified document Death Certificate dtd.03.08.2018 of our mother Suvarna Mahadeo Govalkar marked at Exh-15.
Verified document Letter dtd.11.11.2018 issued by the defendant no.3 society addressed to the daughters of the Mahadeo Shiva Govalkar marked at Exh-16.
Verified document Postal Notice and Track Report is also annexed therewith the service affidavit marked at Exh-17 (Colly 3).
Cross-examination of PW-1 commence and completed by adv. for defendant no.5/BMC.
Adv. for plaintiff filed evidence closed pursis marked at Exh-18 and he also filed pursis for chief of PW-1 be treated as PW-2 marked at Exh-19.
Heard argument by ld adv. for plaintiff and defendants.
Matter is adjourned to 26.07.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Adv. Mr.Vivek Surve for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant no.2 to 4/State is present.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
Matter is adjourned to 30.07.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: None for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant No.4/State is present.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
As court is busy dictating order on NM No.2656/23 in Suit No.2219 of 2014 and hearing on ad-interim relief in Suit No.4137/24.
Hence, Matter is adjourned to 01.08.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: None for the plaintiff.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
Adv. Mr.Amit Kapse for defendant no.1/State is present.
Court is busy hearing on NM 3307/18 in Su No.2035/13.
Hence, Matter is adjourned to 03.08.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: Adv. Mr.V.R.Surve for the plaintiff is present.
Adv. Mr.Khatib h/f Adv. Kapse for defendant no.2 to 4/State is present.
Judgment is dictated and pronounced in open court.
The Judgment marked at Exh-.
F.R.S.R. the following Order is passed on Suit No. 1398 of 2019.
- O R D E R -
1.The suit No.1398 of 2019 is hereby decreed.
2.It is hereby declared that father of plaintiffs by name Mahadev Shiva Govalkar is dead (Civil death) under the provision of 108 of Indian Evidence Act.
3.The death certificate of father of plaintiffs by name Mahadev Shiva Govalkar 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: 03-08-2024
