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SUIT - SHORT CAUSE CIVIL SUIT

Sunanda Namdev KambleVsThe State of Maharashtra +1 more

CNR MHCC0100247720209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 10th May 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101475/2020
Registration Date
18 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Indian Evidence Act · Sec 108

    Case History / Proceedings

    Case History
    Date: 19-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 20/04/2021 for steps.
    L.O. at 03.45 pm.
    Adv. Sunita Darvesh for the plaintiff.
    Issue summons to defendants.
    Matter is adjd. to 20/04/2021 for service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Adv. Ms. Sunita Darvesh for the plaintiff present.
    Advocate for the plaintiff filed letter of request to defendant No.1 and Writ of summons to defendant No.2. It is t.o.r.
    Matter is adjd. to 08/09/2021 for issuance of public and citation notice.
    Next Purpose: NOTICE
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.
    Next Purpose: NOTICE
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv Sunita Darvesh for plaintiff present.
    Adv Jain for defendant no. 1 present.
    K.B. L.O.
    Adv Sunita Darvesh for plaintiff filed affidavit of service of publication of notice. T.O.R.
    Matter is adjd. To 20-12-2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Sunita Darvesh for Plff. present.
    Adv. Amit Kapase for Deft. No. 1 present.
    Adv. Chandamore for Deft No. 2 present.
    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 08.04.2022 for Recording Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Sunita Darvesh for plaintiff present.
    Adv. Khatib for defendant no. 1 present
    None for BMC.
    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: Adv.Sunita Darvesh for plaintiff present and she requested to keep back the matter.
    KB
    LO at 1 pm
    Exh.1- Plaint
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv.Sunita Darvesh for plaintiff filed affidavit of chief examination of plaintiff TOR and marked as Exh. 5
    She files list of document along with documents. TOR and marked as Exh. 6.
    Sheristedar is directed to verify the ration card and return the original to concerned person as per rule.
    Matter is adjd. to 13-07-2022 for cross examination.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: None for plaintiff present.
    Adv. Kapse for defendant no.1 present.
    Matter is adjd. to 29.08.2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Sunita Darvesh for plaintiff present.
    Adv. Kapse for defendant no. 1 present.
    Adv.Chandramore for defendant no. 2/BMC present.
    Matter is adjd. to 10.11.2022 for admission denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Plaintiff and her Adv. Sunita Darvesh present.
    Advocate Mr. Kapse for the State/defendant No.1 present.
    Matter is adjd. to 14.12.2022 for Cross-examination.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Sunita Darvesh for plaintiff present and seeking time, as plaintiff is not present for cross examination. Time granted.
    Advocate Mr. Kapse for the State/defendant No.1 present.
    Adv. Chandramore for defendant no.2/BMC present.
    Matter is adjourned to 06.01.2023 for Recording Evidence P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: As Court is busy in hearing arguments in Supreme Court Time Bound Matter i.e. 1404/2017. Hence, Board is discharged.
    Matter is adjourned to 08.02.2023 for Recording evidence P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: Adv. Ganesh Darvesh for plaintiff present and submitted that plaintiff met with an accident hence, she is unable to appear in the court and seeking time for cross examination.
    Advocate Mr. Kapse for the State/defendant No.1 present.
    Adv. Chandramore for defendant No.2/BMC present.
    Matter is adjourned to 17.03.2023 for Recording Evidence P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: None present for the parties.
    Matter is adjourned to 28.04.2023 for Recording Evidence P.H.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Sunita Darvesh for plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    Advocate Priyanka Gaonkar h/f Mr. Kapse for the State/defendant present and submitted that Adv. Kapse is not available for cross examination and seeking time for cross examination. Time granted.
    Matter is adjourned to 27.06.2023 for Recording Evidence.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: The plaintiff is present.
    Adv. Mr. Amit Kapse for defendant No.1/State is present.
    KB LO at 01:00 pm.
    Adv. Ms. Sunita Darvesh for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Adv. for the plaintiff seeks time to takes steps. Time is granted.
    Adjourned for steps to 13.07.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: Adv. Ms. Sunita Darvesh for the plaintiff is present.
    Adv. Ms. Anisha Naryanan h/f Adv. Amit Kapse for defendant No. 1 State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Advocate for the plaintiff seeks adjournment by submitting that she wants to move Ch/s. Hence, matter is adjourned.
    Matter is adjourned to 08.08.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: The plaintiff is present.
    Adv. Ms. Sunita Darvesh for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No. 2/BMC is present.
    KB LO at 01:55 pm.
    Advocate for the plaintiff tendered draft Ch/s along-with affidavit in support. O- Leave is granted to register the same till the next date. She undertakes to supply copy to the other side.
    Matter is adjourned to 05.09.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Adv. Ms. Sunita Darvesh for the plaintiff is present.
    Adv. Ms. Chandramore for defendant/BMC is present.
    Adv. for the plaintiff filed original registered Ch/s No. 1522/23 along-with affidavit in support. TOR.
    Matter is adjourned to 27.09.2023 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: Adv. Mr. Ganesh Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 16.10.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: None present for both the sides.
    Matter is adjourned to 20.11.2023 for affidavit of service.
    LO at 04:33 pm.
    Adv. Mr. Ganesh Darvesh for the plaintiff is present and filed affidavit of service. TOR.
    Matter is adjourned to 20.11.2023 to Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv. Mr. Ganesh Darvesh for the plaintiff is present.
    Adv. Mr. Pathak h/f Adv. Amit Kapse for defendant No. 1/ State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The following Order is passed on Ch/s No. 1522/2023:
    	Plaintiff has taken out present Ch/s for addition of party defendant No. 3 i.e. V.B. Nagar police station and for carrying out necessary amendment. Plaintiff has filed on record affidavit of service. Considering the submissions Ch/s deserves to be allowed. In the result, the following Order is passed:
    ORDER
    1.	Chamber Summons No. 1522/2023 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. 1522/2023 stands disposed off.
    Matter is adjourned to 04.12.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: Adv. Mr. Ganesh Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    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.
    Adv. for the plaintiff filed the application for seeking extension of time to carry out the amendment. Taken on record. It is marked at Exh. 07.O- Time is extended till the next date.
    Matter is adjourned to 12.01.2024 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Adv. Mr. for the plaintiff is present.
    Adv. Mrs. Chandramore for defendant no.2/BMC is present.
    WPC 140841 Vinoba Bhave Police Station is present.
    Advocate for plaintiff filed affidavit of service upon defendant no.3 and submitted amendement copy of plaint.
    Matter is adjourned to 18.01.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: Adv. Mr.Ganesh Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Matter is adjourned to 03.02.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Adv. Mr.Ganesh Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    Adv.Vaibhavi Pawar h/f Adv. Kapse for defendant/State is present.
    Adv. for defendant/State seeks time to filed WS.
    Matter is adjourned to 21.02.2024 for W.S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: Adv. Mr.Ganesh for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for defendant/state seeks time to file WS.
    Matter is adjourned to 01.03.2024 for WS.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: Adv. Mr.Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for defendant no.2 seeks time to file WS.
    Matter is adjourned to 02.04.2024 for W.S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Plaintiff is present.
    Adv. Mr.Ganesh Darvesh for the plaintiff is present.
    Adv. Mr.Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Defendant no.1 and 3 failed to filed WS. Hence, suit to proceed without WS of defendants.
    Matter is adjourned to 12.04.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Adv. Mr.Ganesh Darvesh for the plaintiff is present.
    Adv. Mr.Amit Kapse defendant no.1/State is present.
    Adv.Mrs.Chandramore for defendant no.2/BMC present.
    Perused say filed by defendants on list of document at Exh.6.
    Upon hearing following documents at list Exh.6 are exhibited.
    Original Certificate issued by Vinoba Bhave Nagar Police. Exh.8
    Original Election Card. Exh.9
    Original Light bill. Exh.10
    Original Letter dt. 11.02.2022. Exh.11
    Original Certificate showing cast as Baudha. Exh.12
    Matter is adjourned to 26.04.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: court is on half day (1st session) leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-05-2024
    
    Date: 07-05-2024
    Business: Plaintiff is present
    Adv. Mr. Ganesh Darvesh h/f Adv. Sunita Darvesh for the plaintiff is present.
    Adv. Mr. Amit Kapse for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant No.2/BMC is present.
    Cross-examination of PW-1 commenced and completed by adv. for defendant Nos.1 and 2.
    Adv. for plaintiff filed evidence closed pursis taken on record and marked at Exh-13. O-R and R.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned to 10.05.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Adv. Mr. Gangesh Darvesh h/f Adv. Ms. Priyankafor the plaintiff is present.
    Adv. Mr. Amit Kapse for defendant 1 & 3/MHADA is present.
    Adv. Mrs. Chandramore for defendant no. 2/BMC is present.
    Judgment is dictated and pronounced in open court.
    The Judgment marked at Exh-
    F.R.S.R. the following Order is passed on Suit No. 1475 of 2020. ORDER
     1. The  suit No.1475 of 2020 is hereby decreed.
     2. It is hereby declared that the husband of the plaintiff Shri. Namdev Jagannath Kamble 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. Namdev Jagannath Kamble 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: 10-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102772/2020
    Filing Date: 27-02-2020
    First Hearing Date: 19th January 2021
    Decision Date: 10th May 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 May 2024

    Order Details: Copy of Judgment Pdf Text: 1 SU NO.1475 of 2020 Lodged on : 27.02.2020 Registered on : 18.12.2020 Decided on : 10.05.2024 Duration : 04 Y : 01 M : 14 D EXHIBIT-14 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 1475 OF 2020 (C.N.R. NO. MHCC01-002477-2020) Sunanda Namdev Kamble ] Age 64 years, ] R/a. : 1, Jatabai Chawl, ] Dr. Ambedkar Nagar, Raju Bedekar ] Marg, Naupada, Kurla (W), ] Mumbai – 400 700…

    Read Full Order

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