Date: 18-03-2019
Business: BY PRECIPEE
Plaintiff present.
Adv.Mr.Kulkarni for plaintiff present
Adv.Mr.Patil for defendant/MCGM present.
Matter already adjd to 10.04.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adv.Mr.Advet Kulkarni for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Matter adjd to 03.05.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Matter adjd to 29.07.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Adv.Ms.Jheel Mehta for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Affidavit of service filed by Adv.of Plaintiff t.o.r. O-filed.
Adv.of BMC seeking time to file WS. Time granted.
Matter adjd to 30.08.2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Adv. Mehta for Plaintiff present.
Adv Tondwalkar for defendant/MCGM present.
Matter adjd to 16-09-2019 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Plaintiff and Adv. Mr. Kuber Wagole present.
Adv. Mrs. Tondwalkar for defendant/MCGM present.
Plaint.
Vakalatnama of Plaintiff.
Memorandum of address.
List of documents.
Vakalatnama of defendant.
Written Statement filed by Deftd./Corporation. O-Filed.
Matter adjd to 05/10/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri for defendant/MCGM present.
Matter adjd to 16/10/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Plaintiff and Adv. Present
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 06/11/2019 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Tondwalkar for defendant/MCGM present.
K. B.
L. O. at 03 20 p.m.
Same appearance.
Matter adjd to 16/11/2019 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: None for Plaintiff.
The issues Exh.7 are framed on 05.10.2019 the main of the plaintiff is incorrectly mentioned on the issues due to inadvertence. The suits filed for declaration that be that Mr. Mangesh Manohar Nagle and Mangle Manhor Nangle are be same. The issues framed that Exh.7 are framed. Something else due to inadvertence. The issue need to be struck and re-casted and now re-casted of fresh.
Re-casted issues Framed.
Matter adjd for R/E to 07.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Mr. Kuber Wagale for plaintiff present and filed examination in chief of Mr. Mahesh Manohar Nagale t.o.r. and marked as Exh.08. Order- Filed.
Adv. Mr. Wagale also filed list of documents alongwith documents t.o.r. and list is marked as Exh.09.
Order- Other side to say.
Adv. Mrs. Rawade for defendant MCGM present.
Mater is adjd to 17.02.2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Plaintiff and advocate absent.
Adv. Mr. Nandanwar for MCGM/deft present.
Matter is adjd to 13/04/2020 for r/e.
L. O. at 02.45 p.m.
Plaintiff and Adv. Mr. Advet Kulkarni for plaintiff present and requested to preponed the already adjourned date. Order-Allowed.
Now matter is adjd to 23/03/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 05.05.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 27.05.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
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: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Kuber Waghale present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
PW absent.
Matter adjourned for RE to 16.12.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv Adwait Kulkarni (h/f) present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of defendant denied documents Sr.1 to 15 below Exh.9 (List).
Subject to his objection as Exh.10 to Exh.24.
Exh.10-Birth Certificate of plaintiff
Exh.11-Adhar Card of plaintiff.
Exh.12-PAN Card of plaintiff.
Exh.13-Caste Certificate of the plaintiff.
Exh.14-Statement of marks of SSC issued to the plaintiff.
Exh.15-Passing certificate of SCC issued to the plaintiff.
Exh.16-School Leaving certificate of the plaintiff.
Exh.17-Statement of Marks of HSC issues to the plaintiff.
Exh.18-Passing certificate of HSC issued to the Plaintiff.
Exh.19-Graduation certificate issued to the plaintiff by Mumbai university (B.Com)
Exh.20-Certificate issued by MSBTE to the plaintiff.
Exh.21-True Copy of the Gazette Publication.
Exh.22-Death certificate of the father of the Plaintiff.
Exh.23-Copy of affidavit-cum-declaration issued by the plaintiff to the respondent.
Exh.24-Letter addressed by the defendant to the plaintiff.
Matter adjourned for Cross examination to 06.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Plaintiff present.
Adv Kuber Waghale present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
PW-1 cross is completed at Exh.8.
Matter adjourned for REPH to 01.02.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv Kuber Wagle present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of plaintiff tendered affidavit of examination of chief of Mr. Mayur Nagale at Exh.25.
List of documents at Exh.26
Adv of defendant submitted admission and denial.
Said documents are exhibited subject to objection at Exh. 27 to Exh.29.
Exh.27- Birth Certificate of PW-2.
Exh.28- AADHAR Card of PW-2.
Exh.29- Ration Card.
Matter adjourned for cross examination to 17.02.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv Kuber Wagle present for plaintiff.
Adv Soraan/Nandanwar present for MCGM/defendant.
Adv of plaintiff submitted draft NM for additional affidavit of evidence of plaintiff regarding chief examination alongwith affidavit. Leave granted to register NM.
Adv of defendant filed say on NM.
F.R.S.R. Following order is passed below Draft NM-
ORDER
1. Draft Notice of Motion in L.C. Suit No.642/19 stands allowed as prayed.
2. Said Notice of Motion stands disposed of.
3. MCGM is at liberty to cross examine PW on the said points/objections which will be decided along with the suit.
4. Plaintiff shall avoid delay in the suit.
Matter adjourned for RE to 07.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. manecha H/f. present for plaintiff.
Adv. Nandanwar present for MCGM/defendant and sought adjournment.
Matter adjourned for Arguments to. 03/05/2021
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to covid-19 pandemic matter is adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Business: Adv.Advet kulkarni for plaintiff present.
Adv.Nandanvar present for defendant.
Plaintiff adv. tendered adll. affidavit and compilation of document exhibit 30 and 31.
Defendant adv. filed say. Order- Said document are exhibited subject to objection at exhibit 32 to 35.
Parties submitted pursis for cross exam.
Cross of PW1 commenced and completed.
Matter adjourned for to 09-06-2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Due to covid-19 pandemic matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: As presiding officer is on leave today hence, Matter is adjourn to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Adv. G. Mehta present for plaintiff.
Adv. Dubey present for MCGM/defendant.
Matter adjourned for R/E to. 04/08/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. absent present for plaintiff.
Adv. Diwate present for MCGM/defendant.
KB.
L.o. 11.45 am.
Adv. Vaghale present for plaintiff.
Witness no. 02 Mayur Nagale present.
Cross examination is completed of PW no. 02 By Adv. Diwate is at Exh. 25
Adv. of plaintiff submitted Evidence closing pursis is at Exh. 30.
Matter adjourned for evidence of defendant if any to. 18/08/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Absent for plaintiff.
Adv. amol diwate present for MCGM/defendant and he tendered affidavit of evidence of Sanjay Toraskar Marked as Exh. 31 @ list of documents Exh. 32. t.o.r.
Matter adjourned for admission denial to. 25/08/21.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Kuber Wagale present for plaintiff and he filed his say on list of documents at Exh. 32 and thereby admitted all the documents.
Adv. Amol Diwate present for MCGM/defendant.
heard both sides.
Following order is passed as to admissibility of documents below list Exh. 32.
ORDER
Perused the affidavit of defendant witness no. 01 and documents filed along with list of documents Exh. 32. As all the documents are admitted by the plaintiff, the documents at sr. no. 1 to 5 are marked as Exh. 33, 34, 35, 36 and 37 respectively.
Cross-examination is completed of DW. no. 01 is at Exh. 31
Defendant\''s witness Sanjay Toraskar is present.
Matter adjourned for final arguments. to. 08/09/21.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Date: 24-09-2021
Business: Adv Kuber Vagale present for plaintiff and filed additional compilation of documents. t.o.r. Marked as Exh. 42.
Copy served to other side.
Adv. Kumuda Soraan present for MCGM/defendant.
Sheristedar of this court pointed out that due to inadvertence wrong exhibit numbers ( Exh. 33 to 37 )are given to the documents filed by defendants and said exhibit numbers should be Exh. 36 to Exh. 40.
Therefore, The Exhibit numbers given to the defendants documents filed @ the list of documents Exh. 32 be corrected accordingly.
Perusal of record reveals that, the predecessor of this court recast issues at Exh. 07A. However, perusal of issue reveals that, in the issue no. 01, the spelling of the surname of the plaintiff is wrongly spelled. Moreover, issue no. 02 is also not properly framed. Therefore, considering the nature of suit, for determining the matter in controversy between the parties it is necessary to strike out issue no. 01 and 02 at Exh. 07A and recast issues. Hence, Issues are recast.
Exh. 07 B is recast issues.
Judgment is dictated in open court and pronounced-
F.R.S.R. Following Judgment is passed-
ORDER
1) Suit is decreed with costs.
2) It is hereby declared that correct name of plaintiff is Mr. Mangesh Manohar Nagale. It is further declared that, Mr. Mangesh Manohar Nagale and Mr. Mangesh Manohar Nangale is one and the same person.
3)Decree be drawn up accordingly.
Proceedings closed
Authenticated copy of today\''s roznama be given to parties if requested.
Nature Of Disposal: JUDGMENT
Disposal Date: 24-09-2021