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SUIT - SHORT CAUSE CIVIL SUIT

Nanda Raju DiwarVsThe State of Maharashtra +1 more

CNR MHCC0100386720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 26th October 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
102895/2022
Registration Date
20 Dec 2022

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Indian Evidence Act · Sec 108

    Case History / Proceedings

    Case History
    Date: 18-01-2023
    Business: Court is on Leave.
    Hence, Board is discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: None present for plaintiff.
    Exh.1- Plaint
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Advocate Mr. Priyanka Gaonkar h/f Adv. Martina Sakpal for the State/defendant No.1 present and filed written statement. TOR. It is marked at Exh.5.
    Matter is adjourned to 13.03.2023 for Framing issues.
    LO at 12.08 pm
    Adv. Gayatri Hailkar for plaintiff present.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: Adv. Gayatri Hailkar for plaintiff present.
    None present for defendant.
    Matter is adjourned to 13.06.2023 for Framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No. 2/BMC is present.
    LO at 11:45 am.
    Adv. Mr. Ramesh Hailkar for the plaintiff is present.
    Adjourned for framing of issues to 30.08.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: The plaintiff is present.
    Adv. Ms. Neeta Jain for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No. 2/BMC is present.
    Issues framed. It is marked at Exh. 06.
    Matter is adjourned to 12.09.2023 for filing affidavit of evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Ms. Smita Jain for the plaintiff is present.
    None present for the defendant.
    KB LO at  11:37 am.
    The plaintiff is present.
    Adv. Ms. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 07. O- R&R. She also filed list of documents. TOR. It is marked at Exh. 08. O- Other side to say on exhibiting of documents. Copies are supplied to both the sides.
    Adv. for defendant Nos. 1 and 2 endorsed say on list of documents.
    Matter is adjourned to 04.10.2023 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: The plaintiff is present.
    Adv. Ms. Martina Sakpal for defendant No.1 State is present.
    Adv. Mr. Khandagale hf Adv. Chandramore for defendant No.2 BMC is present.
    KB LO at  12 05 pm.
    Adv. Ms. Neeta Jain for the plaintiff is present and filed original list of documents. TOR. It is marked at Exh.  09.
    It is submitted on behalf of defendants that they have already filed say to the list documents at exhibit 08 and same be treated as say to the exhibit 09.
    Documents filed at exhibit 09 and perused say filed by defendant. Following documents marked at exhibits
    Ration Card. It is marked at Exh. 10.
    Aadhar Card. It is marked at Exh. 11.
    Pan Card. It is marked at Exh. 12.
    Electric Bill. It is marked at Exh. 13.
    Photograh of plaintiff and her missing husband. Marked at Exh. 14.
    Identity card of plaintiff and Missing Person Children. It is marked at Exh. 15 Colly.
    Missing Certificate dtd. 23.02.2015. It is marked at Exh. 16.
    Matter is adjourned to 12.10.2023 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Adv. Ms. Neeta Jain for the plaintiff is present.
    Adv. Mr. Krishna Yadav h/f Adv. Martina Sakpal for defendant No.1/State is present.
    KB LO at 12:02 pm.
    Adv. Ms. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    PW-1 Smt. Nanda Raju Diwar is resumed on SA.
    Cross-examination of PW-1 is commenced and completed by advocate for defendant Nos. 1 and 2.
    Adv. for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh. 17. O- R&R.
    Adv. for defendant Nos. 1 and 2 submitted that they do not want to led evidence. Hence, evidence of defendant Nos. 1 and 2 is closed.
    Heard arguments of both the sides on merits of the suit.
    Matter is adjourned to 18.10.2023 for judgment.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: Adv. Mr. Neeta Jain for the plaintiff is present.
    Adv. Ms. Simantini Vira h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Today, steno is on leave. Hence, matter is adjourned.
    Matter is adjourned to 23.10.2023 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: Adv. Ms. Neeta Jain for the plaintiff is present.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The Court is busy in hearing on NM No. 2022/2010 in SU No. 1951/2010.
    Matter is adjourned to 26.10.2023 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv. Ms. Neeta Jain for the plaintiff is present.
    Adv. Ms. Simantini Vira h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The judgment dictated and pronounced in open Court. The judgment is marked at Exhibit 18.
    F.R.S.R. the following Order is passed in Suit No. 2895/2022:
    - O R D E R -
    1.	The  suit is hereby decreed.
    2.	It is hereby declared that the husband of the plaintiff Shri. Raju @ Rajaram Baban Diwar 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. Raju @ Rajaram Baban Diwar 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: 26-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104119/2019
    Filing Date: 03-04-2019
    First Hearing Date: 18th January 2023
    Decision Date: 26th October 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    26 Oct 2023
    Order Details: Other
    Pdf Text: Adv. Ms. Neeta Jain for the plaintiff is present.
    Adv. Ms. Simantini Vira h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    The judgment dictated and pronounced in open Court. The judgment is marked at
    Exhibit 18.
    F.R.S.R. the following Order is passed in Suit No. 2895/2022:
    - O R D E R -
    1. The suit is hereby decreed.
    2. It is hereby declared that the husband of the plaintiff Shri. Raju @ Rajaram
    Baban Diwar 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. Raju @ Rajaram Baban
    Diwar 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.
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