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SUIT - SHORT CAUSE CIVIL SUIT

Shri. Rajendra Gangaram GanganVsState of Maharashtra +1 more

CNR MHCC0100222020209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 05th August 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102309/2021
Registration Date
27 Nov 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Indian Evidence Act · Sec 108

    Case History / Proceedings

    Case History
    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

    Additional Case Details

    Additional Case Details
    Filing Number: 102394/2020
    Filing Date: 20-02-2020
    First Hearing Date: 04th January 2022
    Decision Date: 05th August 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Aug 2024

    Order Details: Copy of Judgment Pdf Text: 1 Presented on : 20.02.2021 Registered on : 27.11.2021 Decided on : 05.08.2024 Duration : 03 Y : 05 M : 16 D EXHIBIT-16. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI L.C. SUIT NO.2309 OF 2021 (C.N.R.No.MHCC01-002220-2020) Shri. Rajendra Gangaram Gangan, ] Age – 59 years, Occ. : Service, ] R/a. : Room No.1, Saishakti Nivas, ] Kali Mata Mandir Road, Utkarsha Nagar, ] Muttu Compound, Bhandup (W), ] Mumbai – 400…

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