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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

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    2
    Final 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,…

    Read Full Order
    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,…

    Read Full Order

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