Mrs. Anita Baburao ArlevarVsThe State of Mharashtra

Date: 22-03-2018
Business: Adv. Rakesh Kambale for Plaintiff present.
Plaintiff to serve letter of request upon Defendant and publish public notice in local news paper in respect of the suit.
Adjourned to 19.06.2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2018

Date: 19-06-2018
Business: None present.
Time extended for publication of public notice.
Adjourned to 01.09.2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2018

Date: 01-09-2018
Business: Plaintiff present.
Adv. for Plaintiff absent.
Matter adj. to 4.12.2018 for service.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-12-2018

Date: 04-12-2018
Business: Adv. Mr. Rakesh Kamble for Plaintiff present and filed Affidavit of Service.
None present of defendant.
Matter adj. to 04/01/2019 for filing WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Matter pertain to CR.NO.12
Advocate Mr. Viren Tripathti for plaintiff present.
None present for defendant.
Earlier order if any to continue till next date.
Adjourned to 01/08/2019 for Ch/sum hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv. Rakesh Kamble for the Plaintiff present.
Adv. Kapse for Defendant present.
Adv for the Plaintiff seeks adjournment. Granted as a last chance.
Matter is adjd. to 5.11.2019 for evidence of the Plaintiff (without WS )
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: The court is on Leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Jafri for plaintiff present.
Adv. Kapse for Defendant present.
Adv. for Plaintiff seeks further time for paper publication - Time granted.
Adjd. for Compliance to 28/3/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
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: 27-01-2021

Date: 27-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 09/04/2021 for paper publication.
L.O.
Adv. Mr. Noman Jafri for the plaintiff.
Time to publish public notice is extended till next date.
Matter is adjd. already to 09/04/2021 for paper publication.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 01.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv.  Noman Jafri for plaintiff present.
Adv. Kapse for the defendant present.
On oral request of ld. advocate of the plaintiff, matter is adjd. to 20/12/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Jafari for plff. present
Adv. Amit Kapase for Deft present.
Affidavit of paper publication filed by Adv. for Plff.
Matter is adjd. to 07-02-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
Matter is adjd. to 31.03.2022 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv.Noman Jafri for plaintiff present and seeks time to file affidavit of examination in chief .
Adv. Kapase for State present.
Matter is adjd. to 07-06-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present for plaintiff.
Adv. Kapase for State present.
Matter is adjd. to 07-07-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Advocate Mr Kapse for the State present.
None present for the plaintiff.
Matter is adjd. to 06.09.2022  for  R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Court is busy in hearing arguments in suit no. 5108/12.
Matter is adjd. to 13.10.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Court is busy in hearing argument in High Court Time Bound matter suit No. 833/2015. Hence, board is discharged and Matter is adjd. to 28.11.2022 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None present for the parties.
Matter is adjourned to 14.03.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: None present for the parties.
Perusing record, it appears that since June 2022 plaintiff and his advocate are absent for recording evidence. It appear that plaintiff does not want to proceed with this suit. Hence, kept for dismissal order.
Matter is adjourned to 29.04.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Vidya Bansode h/f Adv. Rakesh Kamble for plaintiff present.
Adv. Pathak h/f Adv. Kudalkar for defendant No.1/State present.
KB for evidence.
LO at 12.11 pm.
Advocate Rakesh Kamble for plaintiff present filed affidavit in the form of Examination-in-chief of Anita Baburao Aralavar. But she is not present for verification. Hence, matter removed from dismissal caption and kept for verification of plaintiff.
Advocate of Plaintiff is directed to supply the copy of affidavit of Examination-in-chief to the defendants.
Matter is adjourned to 07.08.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: None present for the plaintiff.
Adv. Ms. Priyanka Gaonkar h/f Adv. Kapse for defendant No.1/State is present.
Matter is adjourned to 06.10.2023 for R/E.
LO at 12:48 pm.
The plaintiff is present.
Adv. Mr. Rakesh Kamble for the plaintiff is present.
On 29.04.2023 advocate for the plaintiff had filed affidavit of evidence of plaintiff Anita Arlevar. However, she was not present for verification. Hence, it was not marked as exhibit. Today, plaintiff is present before Court and she affirmed the contents of affidavit. Hence, affidavit of evidence is t.o.r. It is marked at Exh.05. O- R&R.  Adv. for the plaintiff also filed application seeking permission to file original documents on record. TOR. It is marked at Exh. 06. O- Allowed. He also filed list of documents. TOR. It is marked at Exh. 07. O- Other side to say on exhibition of documents.
It is submitted by ld. advocate for the plaintiff that he has served copy of affidavit of evidence and list of documents to the other side.
Matter is adjourned to 06.09.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: The plaintiff is present.
Adv. Mr. Rakesh Kamble for the plaintiff is present.
None present for the defendant.
KB LO at 12:29 pm.
Adv. for the plaintiff seeks time to take steps for adding BMC party to the suit.
Matter is adjourned to 05.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Adv. Mr. Rakesh Kamble for the plaintiff is present.
None present for the defendant.
Matter is adjourned to 17.10.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Adv. Mr. Rakesh Kamble for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant/State is present and endorsed say on list of documents.
Matter is adjourned to 09.11.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: By Praecipe matter is taken on today\''s board.
Adv. Ms. Mooman h/f Adv. Rakesh Kamble for the plaintiff is present.
None present for the defendant.
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. Matter is already adjourned to 09.11.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. Mr. Rakesh Kamble for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant/ State is present and endorsed say on list of documents.
Heard advocate for both the sides on exhibiting on documents. The following documents are exhibited.
Original Electricity Bill. It is marked at Exh. 08.
Original Survey Slip bearing No. 0850101 dtd. 24.07.2000. It is marked at Exh. 09.
Original Election Card. It is marked at Exh. 10.
Missing Certificate dtd. 06.01.2010. It is marked at Exh. 11.
Matter is adjourned to 19.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv. Mr. Rakesh Kamble for the plaintiff is present.
Adv. for the defendant is present.
Adv. for the plaintiff filed original registered Ch/s No. 1987/2023  along-with affidavit in support. TOR.
The following order is passed on Ch/s No. 1987/2023:
	Plaintiff has taken out this Chamber summons for addition of proposed defendant No. 2 , Ghatkopar police station and for consequential amendment. considering the submissions, it would be just and proper to allow the chamber summons. Hence following order is passed-
ORDER
1.	Chamber Summons No. 1987/2023 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. 1987/2023 stands disposed off.
Adjourned for compliance to 02.01.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: Adv. Mr.Girish Pawar h/f Adv. Rakesh Kamble for the plaintiff is present.
Adv.Amit Kapse for defendant no.1/State is present.
KB at.12.16 PM
Adv. Rakesh Kamble for the plaintiff is present.
Advocate for plaintiff submitted that he has carried out amendment as per order dtd.19.12.2023. He  seeks time to file amendment copy of plaint on next date. Time granted.
Matter is adjourned to 11.01.2024 or Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Ms.Mooman h/f Adv. Rakesh Kamble for the plaintiff is present.
None for defendant.
Advocate for plaintiff tendered copy of amended plaint on record and supplied copy of amended plaint to defendant no.2.
Matter is adjourned to 31.01.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Adv. Ms.Mooman h/f Adv. Rakesh Kamble for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant no.1/State is present.
Adv. for plaintiff seeks time to serve summons on defendant no.2.
Adv. for defendant no.1 seeks time to file WS.
Matter is adjourned to 22.02.2024 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Plaintiff is present.
Adv. Mr.Rakesh Kamble for the plaintiff is present.
None for defendant.
Adv. for plaintiff tendered original Writ of Summons. Which shows that summons is duly served upon defendant no.2.
Matter is adjourned to 01.03.2024 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Plaintiff is present.
Adv. MrRakesh Kamble for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant/State is present.
Defendant no.2 failed to file WS within stipulated time. Hence, suit to proceed without WS of defendant no.2
Matter is adjourned to 18.03.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None for the plaintiff.
Adv. Mr.Khatib h/f Adv. Kapse for defendant no.1/State is present.
Matter is adjourned to 08.04.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: Plaintiff is present.
Adv. Mr.Rakesh Kamble for the plaintiff.
Adv. Mr.Amit Kapse for defendants/State is present.
Cross-examination of PW-1 Mrs.Anita Baburao Arlevar commenced and completed by adv. for defendants.
Adv. for plaintiff filed evidence closed pursis taken on record and marked at Exh-12 . O-R and R.
Heard argument by ld adv. for plaintiff and defendants.
Matter is adjourned to 22.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Adv. Ms.Mooman h/f Adv. Rakesh Kamble for the plaintiff is present.
Adv.Mr.Amit Kapse for defendant No.1/State is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Judgment is dictated and pronounced in open court.
The Judgment marked at Exh-13.
F.R.S.R. the following Order is passed on Suit No. 645 of 2018.
-O R D E R-
1.The  suit is hereby decreed.
2.It is hereby declared that the husband of the plaintiff Shri. Baburao Radheshyam Aralavar is not being heard of for more than last seven years and he is Civil Dead.
3.No order as to costs of the suit.
4.Decree be drawn up accordingly.
5.The original documents, if any, be returned to the plaintiff after the appeal period is over.
6.The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 22-04-2024

CHAMBER SUMMONS/101987/2023

Registration Number: 100645/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 101725/2018
Filing Date: 30-01-2018
First Hearing Date: 22nd March 2018
Decision Date: 22nd April 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE