Date: 16-07-2019
Business: Adv. Meghna Nimbalkar for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No. 2 present and he undertakes to file Vakalatnama on next date.
Adv. Kapse for Defendant no. 1 present.
Affidavit of service of writ of summons tendered by the Plaintiff. t.o.r.
Matter is adjd. to 18.09.2019 for WS by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Ms. Meghana Nimbalkar for the Plaintiff present.
Adv. Shukla h/f Kapse for Defendant-1 present.
Adv. Ms. Chandramore for BMC/Defendant no. 2 present.
Matter is adjd. to 3.12.2019 for passing no WS order against the defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv.Meghna Nimbalkar for plaintiff is present.
Adv. Kapse. for defendant No. 1 is present.
Adv. Chandramore for defendant No. 2 is present.
Defendant no. 1 and 2 failed to file WS.
Therefore No WS order is passed against defendant no. 1and 2.
Matter adj for Evidence without WS on 04/01/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Adv. Meghana Nimbalkar for Plaintiff is present. she filed affidavit of evidence of PW-1 Aasha, PW-2 Rahul, PW-3 Anshul. Witnesses are absent. Copies be served on other side.
Adv.Divate for defendant no.2 is present.
Adv. Neha Tikam h/f Adv. Kapase for defendant no. 1 is present.
Matter is adjd. for verification and service to 28/01/2020 .
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: SERVICE
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 02.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Ms. Pushpa Thapa for the plaintiff.
Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai. So also, the summons be published in Hindi and English newspapers having wide circulation in Mumbai.
Matter is adjd. to 22/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: due to covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As per Office Order No.213 of 2021. Holiday is declared today.
Matter is adjd. to 07/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv Nimbalkar present for the plaintiff.
Matter is adjd. to 10.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 19.03.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: None present for plaintiff.
None present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for compliance/order to 30/04/22.
l.o. at 03.50 pm.
Adv. Meghna nimbalkar present for plaintiff.
Next Purpose: ORDER
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: None present for Plaintiff.
Adv.. Tapse present for Defendant no. 01.
None present for Defendant no. 02.
It appears that since long matter is kept for compliance of the order dtd. 02.03.2021. However, since long Plaintiff did not take steps for compliance and therefore the matter is kept for order. Today also Plaintiff and their Adv. are absent.
Hence matter is adjourned for dismissal order.
Matter adjourned for dismissal order to 08.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: None present for plaintiff.
None present for defendants.
KB
LO at 11.53 am.
Adv Naik present for plaintiff and tendered application for removing the caption for dismissal.TOR. Marked as Exh-07 .
Adv Chandramore present for defendant/MCGM.
Adv for plaintiff submitted that he will comply the order dtd. 02.03.2021 on or before next date positively.
Order on Exh-07
Considering the reason the application and submission of the plaintiff to comply the order positively on or before next date, application Exh-07 is allowed.
Matter adjourned for Compliance to 20.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: None present for plaintiff.
None present for defendants.
Plaintiff no. 01 present in person and tendered affidavit of service. TOR.
As defendants are absent.
Matter adjourned for cross-examination to 21.09.22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: None present for plaintiff.
Adv. Kapse present for defendant no. 01 and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register.
Adv. Chandramore present for defendant 02/MCGM.
Matter adjourned for service and reply to nm to 03/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Meghna nimbalkar present for plaintiff and filed reply to nm no. nm which was taken out by defendant.
Adv. Chandramore present for defendant/MCGM.
Adv. Kapse present for defendant no. 01.
Matter adjourned for reply to nm to 19/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Yash Bangar hf adv. Rekha Powale present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Kapse present for defendant no. 01 and he tendered original registered Notice of Motion No. 3803/2022 @ affidavit. t.o.r..
He also tendered WS of defendant no. 01 alongwith nm no. 3803/2022.
Heard arguments of ld. Adv. For plaintiff and ld. Adv. For defendant on nm no. 3803/2022
Matter adjourned for order on nm no. 3803/ 2022 to 07/11/22.
Next Purpose: NM ORDERS
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 02/MCGM.
Adv. Kudalkar present for defendant no. 01/STATE.
F.R.S.R. following order is passed on Notice Of Motion No. 3803/2022.
ORDER
1) Notice of Motion No. 3803/2022 is made absolute.
2) Written Statement of defendant no. 01 be taken on record.
3) Notice of Motion No. 3803/2022 is disposed off accordingly.
In view of the above order WS of defendant no. 01 is taken on
record and marked as Exh. 08.
Issues framed at Exh. 09.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for RE to 21/11/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Yash Bangar hf adv. Rekha present for plaintiff and sought adjournment for filling compilation of documents.
Adv. Kapse present for defendant no. 01.
Adv. Chandramore present for defendant 02/MCGM.
Matter adjourned for RE to 07/12/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: None present for plaintiff.
Adv Kapse present for defendant no. 01
Adv Chandramore present for defendant no. 02/MCGM.
As plaintiff and his adv are absent.
Matter adjourned for cross-examination/Order to 15.12.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Yash Bangar present for plaintiff and he tendered application for permission to take on record documents. t.o.r.marked as Exh. 10.
Copy served to the advocate for the defendants.
Adv. Priyanka gavkar hf. Adv. kapse present for deff. no. 01.
Adv. Chandramore present for defendant 02/MCGM.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant on Exh. 10.
Following order is passed below Exh. 10.
Order- The documents sought to be produce appears to have some bearing on the matter in controversy. Hence, application Exh. 10 is allowed and plaintiff is permitted to file the documents as prayed.
List of documents tendered by plaintiff alongwith application Exh. 10 taken on record and marked as Exh. 11.
Matter adjourned for admission and denial on Exh. 11 to 04/01/23.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Plaintiff in person present.
Adv. Meghna Nimbalkar present for plaintiff.
Adv. Pratik korgaonkar hf adv. kapse present for defendant no. 01 and sought adjournment.
Adv. Chandramore present for defendant no. 02/MCGM and filed say of admission and denial.
Matter adjourned for admission and denial to 16/01/23.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: None present for plaintiff.
Adv Khatib for defendant no. 1 present and filed say on Exh. 11 itself.
Adv Chandra More for defendant no. 2 MCGM present
L.O.
Adv Meghana Nimbalkar for plaintiff present.
Matter adjourned for admission and denial to 16-02-2023
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv. Meghna Nimbalkar present for plaintiff.
Adv. Chandramore present for defendant no. 02/MCGM.
Adv. Priyanka Gavkar h/f Adv. kapse present for deff. no. 01.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 02.
Following order as to admissibility of documents is passed below list of documents Exh. 11.
Order- Perused the affidavit in lieu of examination in chief of plaintiff no. 02 at Exh. 05, list of documents Exh. 11, documents filed therewith and say of admission and denial of defendant no. 01 and 02.
Heard arguments advanced of ld. Advocate for plaintiff and ld. Advocate for defendant.
1) The document at sr. no. 01 is the certified copy of extract of the Missing persons register issued by Sr. P. I. Chembur Police Thane, Mumbai in discharge of its public duty. Hence, document at sr. no. 01 is admitted and marked as Exh. 12.
2) The document at sr. no. 02 is the original certificate issued by P.S.I. Chembur police station to the plaintiff in discharge of its public functions. Therefore, document at sr . no. 02 is marked as Exh. 13.
Cross-examination of pw 02 by advocate for defendant no. 01 and 02 is recorded and completed at Exh. 05.
Adv. For plaintiff tendered evidence closing pursis and about discarding evidence of pw 01 and 03.
Adv. For defendants submitted that, defendants do not want to adduce any evidence.
Matter adjourned for final hearing to 21/02/23.
Next Purpose: HEARING
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Meghana Nimbalkar present for plaintiff.
Adv. Kapse present for defendants.
Adv. Chandramore present for defendant/MCGM.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 02.
Matter adjourned for arguments of defendant no. 01 if any/judgment to 23/03/2023.
Next Purpose: JUDGMENT
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: None present for plaintiff.
Adv. Kapse present for defendant no. 01.
Heard arguments of ld. Advocate for defendant No. 1.
F.R.S.R. The Judgment is delivered and following order is passed.
ORDER
1) Suit is partly decreed with proportionate costs.
2) It is hereby declared that, Mr. Shyam Babulal Gupta is dead.
3) Decree be drawn up accordingly.
Proceeding is closed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 23-03-2023