Date: 22-07-2019
Business: Adv. Tushar Kale for the Plaintiff present.
Issue writ of summons to defendants and issue public notice.
Matter is adjd. to 06.11.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: None present for the Plaintiff present.
None present Defendant present.
Matter is adjd. to 17.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Ganga Kakade for plaintiff is present. She extension of time of writ of summons. O granted.
Matter is adjd.for proof of service to 22/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
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: 12-02-2021
Date: 12-02-2021
Business: None for plaintiff.
The plaintiff has lodged the present suit on 07/03/2019. However, till date the plaintiff has not filed proof of service of summons. Hence, the suit be kept for passing dismissal order on the next date.
Matter is adjd. to 17/03/2021 for passing dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Mr. Tushar Kale for the plaintiff
None for defendants.
Affidavit of service filed by advocate for the plaintiff. t.o.r.
Affidavit filed by advocate for the plaintiff. t.o.r.
Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai.
Matter is adjd. to 09/06/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: due to covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present.
Matter is adjd. to 18/01/2022 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 02.03.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Tushar Kale for plaintiff present.
K.B.
LO at 3.10 pm.
It appears that corporation is duly served.
There is nothing on record to show that defendant Nos. 1 and 2 are served with writ of summons. Hence, plaintiff is directed to serve defendant Nos. 1 and 2 by due process.
Matter is adjd. for service on 18-04-2022
Next Purpose: SERVICE
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for the parties.
Matter is adjd. to 01-07-2022
Next Purpose: SERVICE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: None present for parties.
Perusing record it appears that plaintiff not served the writ of summons to defendant no. 1 and 2 after giving sufficient opportunity. If plaintiff failed to service on the next date this suit will be dismissed against defendant no. 1 and 2.
Matter is adjd.to 19-08-2022 for dismissal against 1 and 2.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None present for parties.
KB
LO at 11.48 am
Adv. Navnath Devgate for plaintiff present.
Adv.Chandramore for defendant no.3/BMC present and submitted that she is not going to file WS.
Perusing record, it appears that the plaintiff was directed to serve the deft. but since filing suit the plaintiff not serve the writ of summons to deft.no. 1 and 2 after giving sufficient opportunities and directed the plaintiff, not comply the same. Even the plaintiff was directed if he fails to service on deft. no. 1 and 2 the suit will be dismissed, even though plaintiff not take much more efforts to serve the deft no. 1 and 2. Hence, suit is dismissed against deft.no. 1 and 2.
Matter is adjd. to 13.10.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Court is busy in hearing argument in High Court Time Bound matter suit No. 833/2015. Hence, board is discharged and 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: Adv. Devkate for plaintiff present.
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 23.01.2023 for Hearing without Written Statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant no.3/BMC present.
Matter is adjourned to 27.03.2023 for hearing without written statement.
LO at 1.00 pm.
Adv. Tushar Kate for plaintiff present.
Matter is already adjourned to 27.03.2023 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Plaintiff present.
Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Ganga Kakade h/f Adv. Tushar Kale for plaintiff present and filed affidavit of evidence. TOR. It is marked at Exh.5. Copy of affidavit of evidence served to BMC.
Plaintiff is directed to serve the copy of affidavit of evidence to State.
Adv. Khandagale for defendant No.3/BMC present.
Matter is adjourned to 24.04.2023 for Cross examination/Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Tushar Kale for plaintiff present.
As Court is busy in hearing arguments in NM No. 3592/22 in Suit No. 3020/2008 and Suit No. 2695/2019 and Misc. Application No. 05/2023 in Disposed of Suit No. 2810/09. Hence, board is discharged.
Matter is adjourned to 22.06.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Adv. Mr. Tushar Kale for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff seeks time to file list documents on record. Time is granted.
Adjourned for R/E to 18.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: The plaintiff is present.
None present for the defendant.
KB LO at 12:45 pm.
Adv. Ms. Mishra for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. 3/BMC is present.
Matter is adjourned to 03.08.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Ms. Nirjala Mishra for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. 3/BMC is present.
Adv. for the plaintiff filed list of documents. TOR. It is marked at Exh. 06. O- Other side to say one exhibition of documents.
Copy is already supplied to the other side.
Matter is adjourned to 04.09.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Mr. Himanshu Singh a/w Adv. Kuldeep Singh for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff seeks time to serve notice upon defendant
No. 1. Time is granted.
Matter is adjourned to 29.09.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Adv. Ms. Nirjala Mishra for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff supplied copy of affidavit of evidence and list of documents to defendant No. 3. She seeks time to take steps for setting aside order of dismissal of suit against defendant Nos. 1 and 2 dtd. 19.08.2022.
Matter is adjourned to 18.10.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Adv. Ms. Nirjala Mishra for the plaintiff is present.
Adv. Mr. Khatib for defendant Nos. 1 and 2/State is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for defendant Nos. 1 and 2 filed appearance Memo. TOR. It is marked at Exh. 07. O- Filed. He also filed WS. TOR. It is marked at Exh. 08. O-R&R. Copy is supplied to the other side.
Defendant No. 3 failed to file WS within stipulated time. Hence, suit to proceed without WS of defendant No. 3.
It is submitted on behalf of plaintiff that plaintiff has already filed affidavit of evidence and today plaintiff supplied copy of affidavit of evidence to defendants.
Issues framed. It is marked at Exh. 8/A.
Adv. for defendant Nos. 1 and 2 and defendant No. 3 endorsed say on the list of documents overleaf.
Heard both the sides on exhibiting of documents. Following documents at Sr. Nos. 3 to 7 filed at list exhibit 06 are marked at exhibits:
Ration Card. It is marked at Exh. 09.
Aadhar Card of Son and Daughter. It is marked at Exh.10. Colly.
Two Electricity Bills. It is marked at Exh.11 Colly.
Information received from RTI regarding Missing complaint dtd.30.05.2004 AMR No.40/04. It is marked at Exh. 12.
Death Certificate of Mother. It is marked at Exh. 13.
Matter is adjourned to 08.11.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Ms. Nirjala Mishra for the plaintiff is present.
Adv. Mr. Khatib for defendant Nos. 1 and 2 /State is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
PW-1 Mr. Raju Sakharam Yelwande is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocate for defendant Nos. 1 and 2 and advocate for defendant No. 3.
Advocate for the plaintiff filed evidence closed pursis. Taken on record. It is marked at Exh. 14. O- R&R.
Advocates for defendant Nos. 1 to 3 submitted that they don’t want to lead evidence. Hence, evidence of defendant Nos. 1 to 3 stands closed.
Heard final arguments of both the sides on merits of the suit.
Matter is adjourned to 20.11.2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-11-2023
Date: 20-11-2023
Business: The plaintiff is present.
Adv. Mr. Khatib for defendant Nos. 1 and 2/State is present.
Matter is adjourned to 24.11.2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv. Ms. Aditee Parab h/f Adv. Tushar Kale for the plaintiff is present.
Adv. Mr. Khatib for defendant Nos. 1 and 2/State is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Kept Back. Later on 02.46 pm.
The judgment dictated and pronounced in open Court. The judgment is marked at Exhibit 15.
F.R.S.R. the following Order is passed in Suit No. 1896/2019
O R D E R
1.The suit is hereby decreed.
2.It is hereby declared that the father of the plaintiff Mr. Sakharam Shankar Yelwande 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 Mr. Sakharam Shankar Yelwande and 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: 24-11-2023
