Date: 20-01-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Subhash Khade for plaintiff is present.
Adv. Kapse for defendant no. 1is present.
Adv. Chandramore for defendant no. 2 is present.
Matter is NT. Sheristedar is directed to search the file.
Matter is adjd.for to 24/03/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Subhash Khade for plaintiff present.
Adv. Neha Tikam h/f. Adv. Kapse for deft. no.1 Present.
Adv. Chandramore for def. no.2 present.
Matter is adjd. for filing W/S to 15.03.2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Subhash Kale for the plaintiff
Adv. Neha Tikam i/b Adv. Sachin Kadam for the defendant No.1.
Adv. Chandramore for the defendant No.2.
ORDER
From the affidavit of service, it is clear that summons was served upon defendants No.1 and 3. However, they have failed to file written statement. Hence, the suit to proceed ex parte against them.
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 Marathi and English newspapers having wide circulation in Mumbai. The plaintiff to take steps for service of summons to defendant No.2.
Matter is adjd. to 06/05/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Due to COVID-19 pandemic. Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv Mr.Khade present for the plaintiff.
He filed affidavit of service.
Adv Chandramore present for the corporation.
Matter is adjd. to 16.02.2022 for further orders.
Next Purpose: ORDER
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv Subhash Khade for plaintiff present.
Adv.Chandramore for defendant no.3/BMC present.
Plaintiff has not complied with the order dated 15.03.2021. Ld advocate for plaintiff seeks time to comply with that order.
Matter is adjd. to 13.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Subhash Khade present for plaintiff and sought adjournment for compliance.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendants.
As per request of advocate of plaintiff time to comply the order dt. 15/03/2021 is extended till next date.
Matter adjourned for compliance to 18/07/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Subhash Khade present for plaintiff.
Adv. kudalkar present for defendant 01 and 02.
Plaintiff in person present.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. For plaintiff and tendered application for exemption from paper publication. t.o.r marked as Exh. 06.
Heard advocate for plaintiff on Exh. 06.
Order on Exh. 06.
O- Perused the application, and record. It appears that, as per order dt. 15/03/2021, plaintiff was directed to publish the summons in Marathi and English Newspapers. Considering the economic difficulty of plaintiff and submission of plaintiff that she cannot bear the expenses of paper publication, in the interest of justice service of summons by paper publication, is dispensed with.
Matter adjourned for service of writ of summons to defendant no. 02 and affidavit of service to 10/08/22.
Next Purpose: SERVICE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Subhash Khade present for plaintiff.
Adv. Sachin kadam present for defendant 01 and 02 and submitted that defendant no. 01 and 02 both are served with the writ of summons.
Adv. Chandramore present for defendant 03/MCGM.
Adv. For defendant no. 01 and 02 and 03 submitted that they do not want to file WS in the present matter. Hence, Matter adjourned for RE to 26/08/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Subhash Khade present for plaintiff and sought adjournment.
Adv. Sachin kadam present for defendant no. 01 and 02.
Adv. Chandramore present for defendant 03/MCGM.
Matter adjourned for RE to .03/10/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Plaintiff in person present.
Adv. Subhash Khande present for plaintiff and sought adjournment for adducing evidence.
Adv. Chandramore present for defendant/MCGM.
Adv. Khatib present for defendant no. 01 and 02.
Matter adjourned for RE to 10/10/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. Sachin kadam present for deff. no. 01 and 02.
Adv. Chandramore present for defendant 03/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for RE to 10/11/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Subhash Khade present for plaintiff and sought adjournment.
Adv. khatib present for defendant 01 and 02/STATE and submitted that, writ of summons is not served upon defendant no. 01 and 02.
Plaintiff to take note of the submission and take necessary steps.
Adv. For plaitniff submitted that, he will serve the letter of request to defendant no. 01 and 02.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for necessary steps to 25/11/22.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Subhash khande present for plaintiff and sought adjournment for filling affidavit of evidence.
Adv. Darshan Jain hf adv. Kadam present for defendant no. 01 and 02.
Adv. Chandramore present for defendant 03/MCGM.
Matter adjourned for RE to 16/12/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Subhash Khade present for plaintiff and sought adjournment for adducing evidence.
Adv. Pratik korgaonkar hf adv. Sachin kadam present for defendant 01 and 02.
Adv. Chandramore present for defendant 03/MCGM.
Matter adjourned for RE to 18/01/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Adv. Subhas Khade present for plaintiff and sought adjurnment.
Adv. Kapase present for defendant no.1 and 2.
Adv. Chandra More present of MCGM.
Matter adjourned for RE to 01/03/2023 .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: None present for plaintiff.
Adv. Sachin kadam present for defendant no. 01 and 02.
Adv. Khandagale present for defendant no. 03/MCGM.
As plaintiff and his adv. are absent, and did not adduce evidence Matter adjourned for dismissal order to 15/04/23.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Subhash khade present for plaintiff and he tendered affidavit of examination in chief of pw no. \''01\'', Mrs. Deubai Popat Zende .t.o.r. marked as Exh. 07..
He also tendered list of documents. t.o.r marked as Exh. 08..
Adv. Sachin kadam present for defendant no. 01.
None present for other defendants.
Matter adjourned for admission and denial to 20/04/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. Subhash Khate present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Siddharth Khedekar hf adv. Sachin kadam present for defendant no. 02.
Copy of evidence and list of documents is served to the defendants today.
Matter adjourned for admission and denial to 04-05-23.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Adv. Subhash Khade present for plaintiff.
Adv. Sachin Kadam for the defendant No.1/State present.
Adv. Chandramore for defendant No.3/BMC present.
Matter adjourned for admission and denial to 05.07.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Plaintif in-person present.
Adv. Subhash Khade present for plaintiff.
Adv. Sachin Kadam present for defendant No.1/State.
Adv. Chandramore for defendant/BMC.
Say filed on list of documents on Exh.08 itself by defendant No.1.
Matter adjourned for Hearing on documents to 21.07.2023.
Next Purpose: HEARING
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Plaintiff in-person present.
Adv. Subhash Khade present for plaintiff.
Adv. Chandramore for defendant/BMC present. She submitted that, defendant/BMC does not want to lead evidence.
Adv. Sachin Kadam present for defendant/State. He submitted that, defendant/State does not want to lead evidence.
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed vide list Exh.8 on record.
Document No.1 is a photocopy of school leaving certificate. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of school leaving certificate is marked as Exh.09.
Document No.2 is a photocopy of Ration card. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of Ration Card is marked as Exh.10.
Document No.3 is photograph. It is marked as Article-A.
Document No.4 is photocopy of Aadhar card of plaintiff. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of Aadhar Card of plaintiff is marked as Exh.11.
Document No.5 is photocopy of Aadhar card of Ramesh Zende. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of Aadhar Card of Ramesh Zende is marked as Exh.12.
Document No.6 is photocopy of school leaving certificate of Jayashree. It is marked as Exh.13.
Document No.7 is photocopy of Aadhar card of Jayshree Zende. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of Aadhar Card of Jayshree Zende is marked as Exh.14.
Document No.8 is photocopy of death certificate of Santosh Popat Zende. Original is produced for perusal of Court and opposite party. They are similar. Photocopy of death certificate of Santosh Popat Zende is marked as Exh.15.
Cross examination of PW-01 by Adv. Sachin Kadam for defendant/State is commenced and completed.
Cross examination by Adv.Chandramore for defendant/BMC is commenced and completed.
Advocate for plaintiff tendered evidence closing pursis. TOR and marked as Exh.16. O-Seen.
Matter adjourned for Final Argument to 01.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Planitiff in-person present.
Adv. Subhash Khade present for plaintiff.
Adv. Sachin Kadam present for defendant No.1/State.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Final Argument to 17.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
Matter adjourned for Final Argument to 06.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Subhash Khade present for plaintiff and tendered adjournment application. TOR and marked as Exh.17. O-Other side to say.
Say endorsed by defendants on Exh.17.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam a/w. Adv. Martina Sakpal present for defendant/State.
Order on Exh.17- Allowed as last chance.
Matter adjourned for Final Argument to 18.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Adv. Subhash Khade present for plaintiff and tendered application for production of documents alongwith copy of document. TOR and marked as Exh. O-Application allowed.
Copy of document verified from original and returned back from Sheristedar.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Hearing on document to 13.10.2023.
Next Purpose: HEARING
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Plaintiff in-person presnet.
Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Hearing on document to 06.11.2023.
Later on at 01.07 p.m.
Adv. Sachin Kadam present for defendant/State.
Next Purpose: HEARING
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Plaintiff in-person presnet.
Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
ORDER ON ADMISSIBILITY OF DOCUMENTS
Perused affidavit and documents filed on record.
Today plaintiff produced original letter issued by Senior Police Inspector of Agripada Police Station, Mumbai. She filed copy thereof on record. Both are compared and found similar. Photocopy filed on record is marked as Exh.19.
Advocate for plaintiff tendered evidence closed pursis. Taken on record and marked as Exh.20.
Matter adjourned for Evidence of defendant to 21.11.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Plaintiff in-person present.
Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC. She submitted that defendant/BMC will not lead evidence. Hence evidence of defendant/BMC is closed.
Adv. Sachin Kadam present for defendant/State. He submitted that defendant/State will not lead evidence. Hence evidence of defendant/State is closed.
Matter adjourned for Final Argument to 01.12.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
Heard argument of learned counsel of defendant/State and learned counsel of defendant/BMC.
Matter adjourned for Final Argument to 12.01.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: Plaintiff in-person present.
Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
Matter adjourned for Final Argument to 17.01.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Plaintiff in-person present.
Adv. Subhash Khade present for plaintiff and tendered written notes of argument. Taken on record and marked as Exh. O-Filed.
Adv. Chandramore present for defendant/BMC.
Adv. Khedekar h/f. Adv. Sachin Kadam present for defendant/State.
Matter adjourned for Defendants Final Argument to 12.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: Adv. Subhash Khade present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
Matter adjourned for Argument to 20.02.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Plaintiff in person present.
Adv. Subhash Khade present for plaintiff and tendered application for production of addition affidavit of evidence alongwith additional additional affidavit of evidence. Taken on record and marked as Exh.21. O-Application allwed. Hence, additional affidavit of evidence taken on record and marked as Exh.7A.
Adv. Chandramore present for defendant/BMC.
Adv. Sachin Kadam present for defendant/State.
Matter adjourned for Recording Evidence to 12.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Plaintiff in person present.
Adv. Subhash Khade present for plaintiff. He tendered evidence closed puris. Taken on record and marked as Exh.22. O-Filed.
Adv. Sachin Kadam present for defendant Nos.1 and2/State. He submitted that defendant Nos.1 and 2/State will not lead evidence. Hence, evidence of defendant Nos.1 and 2 is closed.
Adv. Pradnya Chandramore present for defendant No.3/BMC. She submitted that defendant No.3/BMC will not lead evidence. Hence, evidence of defendant Nos.3 is closed.
Matter adjourned for Argument to 30.04.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Plaintiff in person present.
Adv. Subhash Khade present for plaintiff.
Adv. Sachin Kadam present for defendant Nos.1 and 2/State.
Adv. Pradnya Chandramore present for defendant No.3/BMC.
Heard argument learned counsel defendant Nos.1 to 3.
Matter adjourned for Final Argument by defendant to 07.05.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv. Subhash Khade present for plaintiff.
Adv. Sachin Kadam present for defendant Nos.1 and 2/State.
Adv. Pradnya Chandramore present for defendant No.3/BMC.
Heard argument of both sides.
Exh.23-Judgment.
F.R.S.R. following judgment passed
ORDER
1) Suit is partly decreed with proportionate cost.
2) It is hereby declared that Popat Sitaram Zende is dead.
3) Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 07-05-2024