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
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Acts & Sections
1Indian 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
1Final Order 126 Oct 2023
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. -- 1 of 1 --
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