Date: 22-07-2019
Business: None for plaintiff.
The Plaintiff has failed to produce service of notice u/s 80 as per the directions given on 06.03.2019 and not made compliance. Hence, suit be kept for dismissal order.
Matter is adjd. to 23.07.2019 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: None for plaintiff.
The Plaintiff has failed to produce proof of service of notice u/s 80 as per the directions given on 06.03.2019 and not made compliance. Hence, suit be kept for dismissal order.
Matter is adjd. to 24.07.2019 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 24-07-2019
Date: 02-11-2019
Business: The Court is on Leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Rajak for plaintiff. She seeks extension of time for service of writ of summons. O Granted as a last chance.
Matter is adjd. for service to 01/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Rajak for the plaintiff.
Application for extension of time to serve summons filed by advocate for the plaintiff.
ORDER
As per order dated 15/02/2020, last chance was granted to the plaintiff for service of summons. However, till date no steps have been taken by the plaintiff for service of summons. So, the suit is in fact liable to be dismissed. However, in the interest of the justice, one more opportunity is granted for service of summons subject to cost of Rs.500/- which shall be remitted to DLSA, Mumbai.
Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai. So also, the summons be published in Marathi and English newspapers having wide circulation in Mumbai.
Matter is adjd. to 27/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2021
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: 14-10-2021
Date: 14-10-2021
Business: None present.
Matter is adjd. to 30/11/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: As Court is busy in hearing the arguments in S No.6988/06. Hence, Board is discharged.
Matter is adjd. to 08.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Son of plaintiff present.
Adv.Chandramore for defendant/BMC present.
It appears from the record that plaintiff has produced on 24.08.2021 the copy of news papers in which writ of summons was published. However, it was not taken on record. It is taken on record today.
No Written statements was filed by defendants. Hence, matter to proceed no WS hearing.
Matter is adjd. to 06.04.2022 for no WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: As Court is busy in hearing argument in SU 1404/17 and recording evidence in SU 2376/09. Hence board discharged.
Matter is adjd. to 27-06-2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Vidya Korgaonkar h/f Adv. Sashikala Rajak for plaintiff present.
Adv.Chandramore for defendant/BMC present.
Adv. Priyanka Gavakr h/f Adv. Khatib for Defendant no.2 present.
Matter is adjd. to 26.09.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Son of plaintiff present.
Advocate Mr. Khatib for the State/defendant No.2 present and submitted that WS is ready but there is delay hence, he wants to file delay condonation application on next date.
Adv. Chandramore for defendant/BMC present.
Matter is adjd. to 12.12.2022 for Hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged.
Matter is adjourned to 13.01.2023 for Hearing without Written Statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv.vardhaman for plaintiff present.
Adv.Darashan Jain H/F Adv.Kudalkar for defendant present and submitted that, the W/s is ready but there is delay for filing W/s he is going to file the NM for condone the delay on next date and seeking time.
O- Time is granted.
Matter is adjourned to 10.02.2023 for hearing
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Plaintiff present.
Advocate Mr. Khatib for the State/defendant No.2 present and tendered draft Notice of Motion alongwith affidavit in support. O-Leave is granted to register the Notice of Motion. Copy be served to other side.
As Court is busy in Recording Evidence in Suit No. 2024/2021. Hence, board is discharged.
Matter is adjourned to 01.03.2023 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: As Court is busy in dictating Judgment in Suit No.646/2017 and hearing argument in Notice of Motion No. 3592/22 in Suit No. 3020/2008. Hence, board is discharged.
Matter is adjourned to 13.04.2023 for Hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Bhushan Vadhamane for plaintiff present and tendered draft Chamber Summons alongwith affidavit in support. T.O.R. O-Leave is granted to register Chamber Summons. Copy be served to other party.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 19.06.2023 for affidavit of service.
LO at 4.00 pm
Advocate Mr. Khatib for the State/defendant present and tendered registered Notice of Motion No. 747/2023 alongwith affidavit in support.
Matter is already adjourned to 19.06.2023 for affidavit of service of Chamber Summons.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Mr. Bhushan Vardhamane for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed original registered Ch/s No. 1071/2023 along-with affidavit in support. TOR.
Adv. for the plaintiff submits to serve copy to defendant.
LO at 04:55 pm.
Adv. Ms. Chandramore for defendant/BMC is present.
Adjourned for Ch/s reply to 25.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Mr. Bhushan Wardhamane for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. Mr. Khatib for defendant No.2/State is present.
Heard both the sides on Chh/s NO. 1071/2023
The following Order is passed on Ch/s No. 1071/2023:
Present Chamber Summons has been taken out on behalf of plaintiff for bringing on record legal-heirs of deceased plaintiff Sharda Devidas Pai who died on 20.02.2023. Her Death Certificate is produced on record. Chamber Summons is filed on 13.04.2023 i.e. within limitation. It is submitted on behalf of the plaintiff that inadvertently, prayer of condonation of delay has been made in the Chamber Summons which he is not pressing. Advocate for defendants submits that they have no objection to allow Chamber Summons.
Since Chamber Summons has been moved within limitation, it needs to be allowed. In the result, I proceed to pass the following Order:
ORDER
1. Chamber Summons No. 1071/2023 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. 1071/2023 stands disposed off.
Matter is adjourned to 09.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Mr. Bhushan Wardhmane for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. Mr. Suraj Kudalkar for defendant No. 2/State is present.
Advocate for the plaintiff filed amended copy of plaint on record.
Advocate for the plaintiff filed reply to NM No. 747/2023 overleaf.
The following Order is passed on NM No. 747/2023:
Defendant No. 2 has taken out present notice of motion for condonation of delay in filing written statement. Perused NM and affidavit. Plaintiff filed reply on NM overleaf and formally objected the NM. Considering the submission in the interest of justice if would be just and proper to condone delay in filing WS. Hence, I proceed to pass following order:
ORDER
1. Notice of Motion No. 747 of 2023 is made absolute.
2. Delay caused in filing WS is hereby condoned and WS is taken on record.
3. Notice of Motion No. 747 of 2023 stands disposed off.
Exh.1- Plaint.
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Written Statement of defendant No. 2. TOR. Now it is marked at Exh. 05.
Matter is adjourned to 31.08.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Adv. Mr. Bhushan Vardhamane for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Issues framed. It is marked at Exh. 06.
Matter is adjourned to 13.09.2023 for filing affidavit of evidence.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. Ms. Shashikala Rajak for the plaintiff is present.
Adv. Ms. Martina Sakpal for defendant No. 2/State is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 07. O- R&R. She also filed list of documents. TOR. It is marked at Exh. 08. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Matter is adjourned to 27.09.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Adv. Mr. Bhushan Wardhamane for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. Mr. Khatib for defendant No.2/State is present.
Adv. for defendant Nos. 1 and 2 endorsed say on list of documents.
Heard both the sides on exhibiting of documents filed at exhibit 08. Documents at Sr. Nos. 2 to 7 are marked as exhibits are follows:
Original Copy of Missing Certificate issued by defendant No. 2. It is marked at Exh. 09.
Ration Card. It is marked at Exh. 10.
Electricity Bill. It is marked at Exh. 11.
Original copy of trust receipts paid by Shri.Devidas Gopal Pai. It is marked at Exh. 12. Colly.
Original Copy of Domicile Certificate. It is marked at Exh. 13.
Matter is adjourned to 06.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Mr. Bhushan Wardhamane for the plaintiff is present.
Adv. Ms. Meena Dhuri for defendant No.1/BMC is present.
Adv. Mr. Khatib for defendant No.2/State is present.
Adv. for defendant No. 1 sought adjournment by submitting that today advocate on record is not available. Hence, matter is adjourned.
Matter is adjourned to 27.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Mr. Bhushan Wardhmane for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.1/BMC is present.
Adv. Mr. Khatib for defendant No.2/ State is present.
KB LO at 12:10 pm.
PW-1 Mr. Gopalkrishna Devidas Pai is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocate for defendant Nos. 1 and 2.
Adv. for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh. 14. O- R&R.
Advocates for defendant Nos. 1 and 2 submitted that they do not want to led evidence. Hence, evidence of defendant Nos. 1 and 2 is closed.
Heard arguments of both the sides on merits of the suit.
Matter is adjourned to 31.10.2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Mr.Bhushan Vardhamane for the plaintiff is present.
Adv. Mr.Khatib for defendant/State is present.
The judgment dictated and pronounced in open Court.
Judgment at Exh.15
F.R.S.R the following order is passed in Suit No.1624 of 2019.
ORDER
1.The suit is hereby decreed.
2.It is hereby declared that Shri Devidas Gopal Pai 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 Shri Shri Devidas Gopal Pai and to issue death certificate accordingly.
4.No order as to costs of the suit.
5.Decree be drawn up accordingly.
6. The original documents, if any, be returned to the plaintiff after the appeal period is over.
7.The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 31-10-2023
