Date: 04-01-2022
Business: Court is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv Tejas Patil for plaintiff present.
Plaintiff is directed to take steps for service of writ of summons to the defendants and file service affidavit. Office to comply.
Matter is adjd. to 30.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Tejas Patil present for plaintiff and files service affidavit a/w letter request and writ of summons. TOR.
Matter is adjd. to 30-06-2022 for WS subject to limitation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv.Tejas Patil for plaintiff present.
Adv. Khatib for defendant no. 1 present and seeking time to file WS.-O-Time granted subject to limitation.
Matter is adjd. to Adv.Tejas Patil for plaintiff present.
Adv. Khatib for defendant no. 1 present and seeking time to file WS.-O-Time granted subject to limitation.
Matter is adjd. to 15-07-2022 for WS. for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: None present for plaintiff
Adv. Kapse for defendant present. He submitted that he is going to file NM and seeking time. Time granted.
Matter is adjd. to 13.09.2022 for written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Tejas Patil for plaintiff present.
None present for defendant.
Perusing record, it appears that plaintiff filed service affidavit and letter of request on 30.04.2022 since then the defendant failed to file their written statement. The Deft. No 1 seeking time on 30.06.2022 but he is also not file written statement within limitation hence no written statement order passed against defendants and suit proceed without written statement.
Matter is adjd. to 17.11.2022 for hearing without WS.
Adv. Kapse for deft/state present and submitted that he was busy in another court. The Written statement is ready and he is going to file Written Statement alongwith draft NM. Thereafter, He tendered draft NM alongwith affidavit in support. TOR. O - Leave is granted to register NM.
He also filed written statement. Hence, matter is keep for service affidavit and reply.
Defendant directed to serve the copy of WS and NM to plaintiff.
Matter is adjd. to 17.11.2022 for service affidavit and reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Sandip Zalte for plaintiff present and filed reply to NM No. 3804/22 filed by the Deft.no. 1.
As Court is busy in dictating order in NM no. 2419/21 in suit No. 447/17 and ch/s no. 776/18 in Suit No. 447/17. Hence, board is discharged.
Matter is adjourned to 20.02.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Tejas Patil for plaintiff present.
Adv. Kapse for defendant No.1/State present and tendered filed registered Notice of Motion No. 3804/22 alongwith affidavit in support.
Adv. Chandramore for defendant No.2/BMC present.
No reply filed by the Defendant No. 2/BMC on Notice of Motion no. 3814/22. Hence, no reply order is passed against Defendant No.2/BMC.
Heard Ld. advocates of both the sides.
F.R.S.R. the following order is passed in Notice of Motion No. 3804 of 2022.
Order.
1. Notice of Motion No. 3804 of 2022 is made absolute.
2. No order as to costs.
3. Notice of Motion No. 3804 of 2022 is disposed of accordingly.
Matter is adjourned to 06.03.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: None present for the parties.
Matter is adjourned to 06.07.2023 for Draft issues.
LO at 11.38 pm.
Adv. Sandeep Zalte h/f Adv. Tejas Patil for plaintiff present and filed draft issues.
Matter is adjourned to 06.07.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Adv. Mr. Tejas Patil for the plaintiff is present.
Adv. Mr. Suraj Kudalkar for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2 /BMC is present.
Exh.1- Plaint.
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Written Statement of defendant No. 1 which is already filed. Now, It is marked at Exh. 05.
Issues framed. It is marked at Exh. 06
Matter is adjourned to 14.07.2023 for filing evidence on affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 12:15 pm.
The plaintiff is present.
Matter is adjourned to 31.07.2023 for filing affidavit of evidence.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: None present for the plaintiff.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 25.08.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 03.10.2023 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: None present for the plaintiff.
Adv. Ms. Martina Sakpal for defendant No.1 /State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 12:34 pm.
None present for the plaintiff.
Matter is adjourned to 20.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: None present for the plaintiff.
Adv. Ms. Priyanka Gaonkar h/f Adv. Kapse for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 22.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2023
Date: 22-12-2023
Business: The PO is on leave in 1st session. Hence, board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2024
Date: 02-02-2024
Business: None for the plaintiff.
Adv. Mr.Khatib for defendant no.1/State is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Matter is adjourned to 04.04.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: None for the plaintiff.
Adv.Vaibhavi Pawar h/f Adv. Kapse for defendant No.1/State is present.
Adv. Mrs.Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 18.06.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: As the Court is on leave. Hence, board is discharged and matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Plaintiff is present.
Adv. Ms.Dipali Salunkhe h/f Adv. Tejas Patil for the plaintiff is present.
Adv. Mr. V.G.Shinde for defendant No.2/BMC is present.
Adv. for plaintiff filed affidavit of evidence marked at Exh-7 and also filed list of document marked at Exh-8.
Cross-examination of PW-1 commence and completed by adv. for defendant No.2/BMC.
Adv. for plaintiff filed evidence close pursis at Exh-9
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: None for the plaintiff.
Adv. Mr.Amit Kapse for defendant no.1/State is present.
Adv. Mr. Rahul Rathod for defendant/BMC is present.
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.
Matter is adjourned to 05.08.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: Adv. Mrs. Deepali Salunkhe for plaintiff present..
Advocate for defendant
Later on at 03.08 pm.
Advocate Tejas Patil for plaintiff present.
Advocate Kudalkar for defendant no. 1 present.
Adv. for Plff. filed list of documents. Taken on record marked at Exh. 13 alongwith Aadhar Card of plaintiff it is marked as Exh. 14.
Advocate for plaintiff filed evidence closing pursis which is marked as Exh. 09 mistakenly. Now it is corrected and marked as Exh. 15.
Judgment is dictated and pronounced in open court.
Judgment is marked as Exh. 16.
F.R.S.R. Judgment is delivered and following order is passed.
ORDER
1. The suit No.2309 of 2021 is hereby decreed.
2. It is hereby declared that Father of plaintiffs by name Gangaram
Appa Gangan is dead (Civil death) under the provision of 108
of Indian Evidence Act.
3. The death certificate of father of plaintiffs by name Gangaram
Appa Gangan 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: 05-08-2024