Date: 11-02-2022
Business: Adv Mohamad Husain for plaintiff present.
Exh. He filed application for seeking permission to prepare writ of summons and notice to be serve to the defendants TOR O- Issue summons through Court as prayed.
Matter is adjd. to 22.04.2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Mohd. Hussain for plaintiff present and submits that the matter is pending for service to BMC. Plaintiff to serve the BMC and filed service affidavit.
Matter is adjd. to 11.07.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: None present for both the parties.
Matter is adjd.to 26.08.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Mohammed Hussain for plaintiff present and filed service affidavit.
None present for defendant.
Matter is adjd. to 18.10.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Mohammed Hussain present for plaintiff.
None present for defendant.
Matter is adjd. to 20.12.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: As Court is busy in dictating order in NM no. 2419/21 in suit No. 447/17 and ch/s no. 776/18 in Suit No. 447/17. Hence, board is discharged.
Matter is adjourned to 21.02.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. K.M. Jena for plaintiff present.
None present for defendant.
Matter is adjourned to 02.03.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Date: 18-04-2023
Business: Adv. K.M. Jena for plaintiff present.
None present for Defendant.
Perusing record, it appears that service is not properly served to defendant no. 1. Hence, plaintiff is directed to serve the letter of request to defendant no. 1.
Matter is adjourned to 19.06.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Adv. Mr. Mohd. Hussain for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Sakpal for defendant No.1/
State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Advocate for the plaintiff filed affidavit of proof of service on defendant No. 1.
Adv. for defendant No. 1 seeks time to file WS. Time is granted.
Adjourned for WS to 02.08.2023..
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Mr. K.M. Jena 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.
Exh.1- Plaint.
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. for defendant No. 1 filed WS. TOR. It is marked at Exh. 05.
O- R&R. Copy is supplied to the other side.
Adv. for defendant No. 2 submitted that defendant No. 2 doesn’t want to file WS. Hence, suit to proceed without WS of defendant No. 2.
Issues framed. It is marked at Exh. 06.
Matter is adjourned to 21.08.2023 for filing affidavit of documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: Adv. Mr. Hussain for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed the application for adjournment. TOR. It is marked at Exh. 07. O- Granted.
Matter is adjourned to 23.10.2023 for filing affidavit of documents.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: None present for the plaintiff.
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.
KB LO at 12:44 pm.
Adv. Mr. K.M. Jena for the plaintiff is present and filed examination-in-chief of Mr. Pandharinath Mukta Awhad. TOR. It is marked at Exh. 08. O-R&R. He also filed list of documents. TOR. It is marked at Exh. 09. O- Other side to say on exhibiting of documents. Copies are supplied to defendant No. 1 only.
Matter is adjourned to 28.11.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: None present for the plaintiff.
Adv. Ms. Simantini Vira h/f Adv. Martina Sakpal for defendant No.1/State is present and filed say on admission and denial.
Witness is present.
Kept back. Later on 11:41 am.
Adv. Mr. K.M. Jena for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present and endorsed say on compilation of documents.
Adv. for the plaintiff supplied copy of affidavit of evidence to defendant No. 2.
Perused the say of defendants on compilation of documents.
Heard both the sides on admission and denial of documents.
Following documents are marked at exhibits as follows:
Original Special Power of Attorney dtd. 27.02.2020. It is marked at exhibit 10.
Original Death Certificate. It is marked at Exh.11.
Copy of Missing report dtd. 02.05.2001. It is marked at Exh. 12.
Copy of Original Certificate of Missing dtd. 10.01.2020. It is marked at Exh. 13.
Matter is adjourned to 07.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Mr. K.M. Jena for the plaintiff is present.
Adv. Mr. Kirshna Yadav h/f Adv. Martina Sakpal for defendant No.1/State is present. .
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Kept back. Later on 12:42 pm.
Adv. Ms. Martina Sakpal for defendant No. 1/State is present.
PW-1 Mr. Pandharinath Mukta Awhad is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocates for defendant Nos. 1 and 2.
Adv. for the plaintiff filed evidence closed pursis. Taken on record. It is marked at Exhibit - 14. O- R&R.
Adv. for defendant Nos. 1 and 2 does not want to lead evidence. Hence, evidence of defendant Nos. 1 and 2 stands closed.
Matter is adjourned to 21.12.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Mr. Bhargav Patil h/f Adv. K.M. Jena 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.
Matter is adjourned to 03.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv. Mr.K.M.Jena for the plaintiff is present.
Adv. Ms.Martina Sakpal for defendant no.1 /State is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Heard argument for both the sides.
F.R.S.R. the following Order is passed in SU No. 1936 of 2023
O R D E R
1. The suit is hereby decreed.
2. It is hereby declared that the sister of the plaintiff Kumari Meena Gangadhar Shimoga is not being heard of for more than last seven years and she is Civil Dead.
3. The defendants are directed to register the death of Kumari Meena Gangadhar Shimoga and to 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: 03-01-2024
