Order Details: Copy of Judgment Pdf Text: 1 MHCC010014952018 Lodged on : 29.01.2018 Registered on : 03.08.2018 Decided on : 28.04.2023 Duration : 05Y 02M 27D EXHIBIT16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2014 OF 2018 MR. MANDAR UMESH LOKE ] Aged 34 years, Occupation: Service ] Residing at C/o. 87/102, Gayatri ] Building, 3rd Lane, Mantri Marg, ] Hindu Colony, Dadar (East), ] Mumbai 400014 ].. Plaintiff. V/s. 1. THE STATE OF MAHARASHTRA ] Mantralaya,…
SUIT - SHORT CAUSE CIVIL SUIT
Mr. Mandar Umesh LokeVsThe State of Maharashtra
CNR MHCC0100149520189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 28th April 2023
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 102014/2018
- Registration Date
- 03 Aug 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 24-08-2018 Business: Matter adj. to 15/11/2018 for Directions Next Purpose: DIRECTIONS Next Hearing Date: 15-11-2018 Date: 15-11-2018 Business: Board Discharge Reason For Adjournment: court time is over Next Purpose: DIRECTIONS Next Hearing Date: 20-02-2019 Date: 20-02-2019 Business: Adv. Jayashri Randhaye for plaintiff present. Plaintiff to serve the defendants with letter of request/Writ of summons. Adjd. for awaiting report to 29.04.2019. Next Purpose: REPORT Next Hearing Date: 29-04-2019 Date: 29-04-2019 Business: As holiday declared on 29.04.2019 on account of Loksabha Election, matter is taken on today''s board and adjourned at same stage Next Purpose: REPORT Next Hearing Date: 19-07-2019 Date: 19-07-2019 Business: Adv. Sayali Jadhav for the Plaintiff present. Adv. for plaintiff prayed for extension of time to serve letter of request upon defendant/State. O- Granted Matter is adjd. to 04/10/2019 for report of service of letter of request Next Purpose: REPORT Next Hearing Date: 04-10-2019 Date: 04-10-2019 Business: Court is on leave Next Purpose: REPORT Next Hearing Date: 16-12-2019 Date: 16-12-2019 Business: Adv. Jayashree Randhaye for Plaintiff is present. She filed original letter of request. TOR Adv. Khatib for defendant is present. He tendered WS TOR. Copy is served on adv. of plaintiff Matter is adjd. for issues to 03/02/2020. Next Purpose: REPORT Next Hearing Date: 03-02-2020 Date: 03-02-2020 Business: Plaintiff is present. Adv. Jayashree Randhaye for Plaintiff is present. She tendered draft issues. None present for defendant. Matter is adjd. for framing issues to 09/04/2020. Next Purpose: FRAMING ISSUES P.H. Next Hearing Date: 09-04-2020 Date: 09-04-2020 Next Purpose: FRAMING ISSUES P.H. Next Hearing Date: 21-04-2020 Date: 21-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES P.H. Next Hearing Date: 12-05-2020 Date: 12-05-2020 Next Purpose: FRAMING ISSUES P.H. Next Hearing Date: 01-06-2020 Date: 01-06-2020 Reason For Adjournment: National Lock Down Next Purpose: FRAMING ISSUES P.H. Next Hearing Date: 18-06-2020 Date: 18-06-2020 Business: Issues framed. Matter is adjd. to 15.09.2020 for list of witnesses. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 15-09-2020 Date: 15-09-2020 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: 04-01-2021 Date: 04-01-2021 Business: Both parties and their advocates are absent. Matter is adjd. to 08/03/2021 for evidence. Adv. Jayshree Randhiya for the plaintiff is present. Matter already is adjd. to 08/03/2021 for evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-03-2021 Date: 08-03-2021 Date: 27-04-2021 Business: due to covid-19 Next Purpose: COMPLIANCE Next Hearing Date: 05-07-2021 Date: 05-07-2021 Business: due to covid-19 Next Purpose: COMPLIANCE Next Hearing Date: 24-08-2021 Date: 24-08-2021 Business: court is on leave Next Purpose: COMPLIANCE Next Hearing Date: 01-10-2021 Date: 01-10-2021 Business: Adv. Ms. Kranti Sarvade for the plaintiff present. None for defendants. Advocate for the plaintiff filed application for extension of order dated 08/03/2021. O- Time of Order passed dated 08/03/2021 is extended till next date. Matter is adjd. to 17/11/2021 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 17-11-2021 Date: 17-11-2021 Business: None present for the plaintiff. Adv Priyanka Gaonkar present for the state. Plaintiff present. KB LO Adv Kranti Sarvodey present for the plaintiff. Adv for plaintiff filed application for evidence of documents TOR O- production is allowed. Adv for the plaintiff filed list of documents TOR O- filed. Matter is adjd. to 03.01.2022 for R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 03-01-2022 Date: 03-01-2022 Business: Court is on Leave. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 16-02-2022 Date: 16-02-2022 Business: Plaintiff in person present. He submits that his Ld advocate is not present. He seeks time. None present for the defendant. Matter is adjd. to 01.04.2022 for R.E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 01-04-2022 Date: 01-04-2022 Business: Adv.Sarwade for plaintiff present. Adv.Darshan Jain h/f Adv. Khatib for State present. KB LO Adv. Khatib for State present. Adv.Darshan Jain h/f Adv. Khatib for State present. Adv. for plaintiff already filed list of documents on 17/11/2021 is marked as Exh. 7A. Adv. for plaintiff already filed affidavit evidence of plaintiff on 17/11/2021. It is marked as Exh.8 Ld. Adv. for plaintiff submits an application for taking ration card on record. TOR.Exh.9 The original ration card produced on record and marked as Exh. 10 Plaintiff has produced original certificate issued by concerned Police station. It is admitted by defendant . Marked as Exh. 11 Plaintiff has produced on record a certificate issued by Sarpanch of Grampanchayat Mithbav Tal. Devgad. It is marked as Exh. 12 Cross examination of PW-1 on SA by Adv. Mr . Khatib for defendant Matter is adjd. to 08-06-2022 for further evidence of plaintiff. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-06-2022 Date: 08-06-2022 Business: Plaintiff present and requested to keep back the matter for filing affidavit after completion of board. The matter will be keep back. LO at 1.15 PM Plaintiff present. Adv.Prachi Sarvade for plaintiff present and file affidavit of witness PW2 Nutan Gawkar. TOR and marked as Exh. Plaintiff is directed to serve copy of evidence affidavit of PW2 to other side. Matter is adjd. to 08-07-2022 for cross examination of PW1 and 2. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 08-07-2022 Date: 08-07-2022 Business: Adv. Indrayani Koparkar for plaintiff present and filed V/P. TOR and marked as Exh. 14. She further submitted that BMC is necessary party but previous advocate not made party to them hence she want to file Ch/s to add party BMC and seeking time. -O- time granted. She allowed inspection of file/document. Adv. Kudalkar for State present. Matter is adjd. 25-08-2022 for steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 25-08-2022 Date: 25-08-2022 Business: Adv. Indrayni Koparkar for plaintiff present and tendered draft ch/s alongwith affidavit in support. O - Leave is granted to register ch/s. As Court is busy in dictating order in Stamp No. 11395/21 and NM No.1766/20 in suit 3053/2013, Hence board is discharged. Matter is adjd. to 23.09.2022 for ch/s reply. Next Purpose: C/S REPLY Next Hearing Date: 23-09-2022 Date: 23-09-2022 Business: Adv. Koparkar in applicant present and tendered ch/s 1426/22 alongwith affidavit. Copy of ch/s served to state. Adv. Khatib for defendant/state present. Matter is adjd. to 11.11.2022 for ch/s reply Next Purpose: C/S REPLY Next Hearing Date: 11-11-2022 Date: 11-11-2022 Business: Adv. Indrayani Koparkar for plaintiff present. None present for State/defendant. After giving sufficient opportunities no reply filed by the defendant. Heard the Ld. advocate of plaintiff. KB LO at 4.15 pm Adv. Kapse h/f Adv. Khatib for Deft.no. 1/State present and not ready to file reply and he has no objection to allow the ch/s. Read the ch/s No. 1426/22. It appears that the plaintiff filed suit for declaration of missing person and at the time of Recording Evidence, she came to know that the Corporation has not made party in this proceeding. To avoid the technical difficulties, the plaintiff wants to amend the suit by adding the Corporation as party in this proceeding. Considering nature of the suit and for interest of justice, I passed following order. 1. Chamber Summons No. 1426 of 2022 is hereby deserves to be allowed. 2. Plaintiff is allowed to add Corporation and plaintiff is directed to carry out amendment in plaint within 15 days and place on record amended copy of plaint. 4. After amended plaint, issue writ of summons to deft.no. 2. Matter is adjd. to 13.12.2022 for compliance to carry out amendment. Next Purpose: COMPLIANCE Next Hearing Date: 13-12-2022 Date: 13-12-2022 Business: As Court is busy in hearing argument in Supreme Court Time Bond matter i.e Suit No. 1404/2017 and recording evidence in Suit No. 2576/2019. Hence, board is discharged. Matter is adjourned to 24.01.2023 for Compliance. Next Purpose: COMPLIANCE Next Hearing Date: 24-01-2023 Date: 24-01-2023 Business: Adv. Priti Kamble h/f Adv. Indrayani Koparkar for Plaintiff present and filed writ of summons. TOR. As Court is busy in dictating Judgment in Suit No. 2847 of 2015 and hearing arguments in Supreme Court Time Bound Matter i.e. Suit No. 1404/2017. Hence, Board is discharged. Matter is adjourned to 03.03.2023 for written statement. Next Purpose: WRITTEN STATEMENT Next Hearing Date: 03-03-2023 Date: 03-03-2023 Business: Adv. Indrayani Koparkar for plaintiff present. Adv. Chandramore for defendant/BMC present and submitted that she is not going to file written statement. Hence, no written statement is passed against defendant/BMC. The Ld. advocate for BMC submitted that she is going to cross examined the witness. Hence, plaintiff is directed to remain present for cross examination on next date. Matter is adjourned to 14.03.2023 for Cross examination/Recording evidence. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 14-03-2023 Date: 14-03-2023 Business: Adv. Indrayani Koparkar for plaintiff present. Advocate Mr. Khatib for the State/defendant No.1 present. Adv. Chandramore for defendant No.2/BMC present. Kb Cross examination of PW-1, Mr. Mandar Umesh Loke commenced and completed by Adv. Chandramore for defendant No.2/BMC. Cross examination of PW-2, Nutan Naresh Gawkar declined by Adv. Chandramore for defendant no.2/BMC. Advocate for plaintiff submitted that she is going file evidence closure pursis. Defendant Nos. 1 and 2 submitted that they are not going to lead any oral evidence in this matter. Hence, their evidence is hereby closed. Matter is adjourned to 24.03.2023 for Arguments. Next Purpose: ARGUMENTS Next Hearing Date: 24-03-2023 Date: 24-03-2023 Business: court is on leave Next Purpose: ARGUMENTS Next Hearing Date: 19-04-2023 Date: 19-04-2023 Business: Adv.Indrayani Koparkar for plaintiff is present and filed evidence closed pursis. Taken on record marked at Exhibit-15. Adv.Khatib for defendant no.1/State is present. Adv. Chandramore for defendant No.2/BMC present. Heard arguments of Ld. advocate of plaintiff and defendant no.1/State and defendant no.2/MHADA. Matter is adjourned to 28.04.2023 for Judgment. Next Purpose: JUDGMENT Next Hearing Date: 28-04-2023 Date: 28-04-2023 Business: Adv. Priti Kamble h/f Adv. Indrayani Koparkar for plaintiff present. Advocate Mr. Khatib for the State/defendant present. Adv. Chandramore for defendant No.2/BMC present. Kb LO at 5.00 pm Judgment- Exh.16. F.R.S.R. the following order is passed on Suit No. 2014 of 2018 Order 1. The suit is hereby decreed. 2. It is hereby declared that the father of plaintiff i.e. Mr. Umesh Sudhakar Loke 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. Umesh Sudhakar Loke and issue death certificate accordingly. 4. No order as to costs of the suit. 5. Decree be drawn accordingly. 6. The original documents, if any be returned to the concerned person after the appeal period is over 7. The suit stands disposed of accordingly. Nature Of Disposal: DECREED Disposal Date: 28-04-2023
Additional Case Details
Additional Case Details
Filing Number: 101630/2018 Filing Date: 29-01-2018 First Hearing Date: 24th August 2018 Decision Date: 28th April 2023 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
28 Apr 2023
Order 1Full order available
28 Apr 2023
Order Details: Copy of Judgment Pdf Text: 1 MHCC010014952018 Lodged on : 29.01.2018 Registered on : 03.08.2018 Decided on : 28.04.2023 Duration : 05Y 02M 27D EXHIBIT16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2014 OF 2018 MR. MANDAR UMESH LOKE ] Aged 34 years, Occupation: Service ] Residing at C/o. 87/102, Gayatri ] Building, 3rd Lane, Mantri Marg, ] Hindu Colony, Dadar (East), ] Mumbai 400014 ].. Plaintiff. V/s. 1. THE STATE OF MAHARASHTRA ] Mantralaya,…
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