Date: 18-11-2019
Business: Adv. Nilam Gaikwad for plaintiff present.
Adv. for defendant absent.
Issue summons to defendant no.2 through Balief of sherif office and simultaneously by R.P.A.D / Speed post and Letter of request to defendant no.1.
Adjd to 15/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Nilam Gaikwad for Plaintiff is present. She filed affidavit of service.
Adv. Chandramore for defendant no.2 is present. Defendant no.2 failed to file W/S. Hence, no W/S order is passed against the defendant no.2.
matter is NT. Sheristedar is directed to search the file.
Matter is adjd. to 04/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Ms. Neelam Gaikwad for Plaintiff present.
None present for Defendant no. 1.
Adv. Ms. Chandramore for BMC/Defendant no. 2 present.
Matter is adjd. to 28.04.2020 for WS by Defendant no. 1/
order
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Chandramore for D/2 present.
Adv. Kapase for D/1 present.
Adv. Neelam Gaikwad for plaintiff present.
Copy of the summons be affixed 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.
Matter is adjd. to 05/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 02.07.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present.
Matter is adjd. to 13/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: As the Court is busy in dictating order in Chamber Summons No.1430/2015 and Chamber Summons No. 769/2017(SU No.1853/2014). Therefore, board is discharged.
Matter is adjd. to 03/12/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv Neelam Gaikwad present for the plaintiff.
As Court is busy in hearing arguments in SU 2095/21 of NM 2754/21, NM 2406/21, SU 2716/19 of NM 48/18, 6988/06 and by precipe matter. Hence, Board is discharged.
Matter is adjd. to 24.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 22.02.2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None for plaintiff.
Adv Kapse for state present.
Adv. Chandramore for defendant/BMC present.
Matter is adjd. to 29-04-2022 for written statement and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for no WS order and compliance of order dt. 04/02/22 to 19/07/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Neelam Gaikwad present for plaintiff and sought adjournment for filling report of compliance of paper publication.
Adv. Chandramore present for defendant/MCGM.
It appears that, inspite of just opportunity, defendant no. 01 failed to file WS. Hence suit be proceeded without WS of defendant no. 01.
Matter adjourned for compliance to 19/08/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None present for plaintiff.
Adv Chandramore present for defendant/MCGM.
None present for defendants no 01.
Matter adjourned for compliance to 28.09.22.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Neelam Gaikwad present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant 02/MCGM.
Adv. Priyanka gavkar hf. Adv. kapse present for deff. no. 01.
Plaintiff in person present.
Matter adjourned for compliance to 19/10/22.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 02/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for RE to 21/11/22.
l.o. at 12.44 pm.
Adv. Neelam Gaikwad present for the plaintiff and tendered affidavit of service. t.o.r.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: 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. Neelam Gaikwad for plaintiff and he tendered affidavit of examination in chief of pw no. \'' 01\'', Mrs. Jaya Raybhan Chabukswar.t.o.r. marked as Exh. 06..
He also tendered list of documents. t.o.r marked as Exh. 07..
Adv. Kapse present for defendant 01.
Adv. Chandramore present for defendant 02/MCGM.
Matter adjourned for admission and denial to 08/12/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Neelam Gaikwad present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
Adv. Priyanka gavkar hf. Adv. kapse present for deff. no. 01.
K.B.
L.O. 11.44 am.
Adv. Khatib present for defendant 01.
Adv. For defendant no. 01 and 02 filed say of admission and denial on Exh. 07 itself.
Matter adjourned for hearing on admissibility of documents to 22/12/22.
Next Purpose: HEARING
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Court is on leave, adjourned to
Next Purpose: HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant no.2/MCGM.
None present for other defendant no. 01.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents to 20/01/23.
l.o. at 12.16 pm.
Adv. Neelam Gaikwad present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: None present for plaintiff.
None present for defendants.
Plaintiff in person present.
KB
Adv Neelam Gaikwad present for plaintiff.
Adv Chandramore present for defendant no. 02.
Adv Priyanka Gaonkar holding for Adv Kapse present for defendant no. 01.
Heard arguments of Learned Advocate for plaintiff and Learned Advocate for defendant on admissibility of documents below list exh-07.
Matter adjourned for hearing on admissibility of documents/Order to 27.02.2023.
Next Purpose: HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: None present for plaintiff.
Adv Priyanka Gaonkar h/f Adv Kapse present for defendant no. 01.
None present for defendant no. 02.
KB
LO at 12.10 pm.
Adv Neelam Gaikwad present for plaintiff.
KB
Court is busy in recording evidence in suit no. 2561/2017 and dictating order in NM no. 2052/2022.
Matter adjourned for order on admissibility of documents to 29.03.2023.
Next Purpose: ORDER
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None present for plaintiff.
Adv. Kapse present for defendant/STATE.
As court is busy in dictating order on nm no. 3665/14 in suit no. 4150/14. Hence, Matter adjourned for order on admissibility of documents to 15/04/23.
Next Purpose: ORDER
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: None present for plaintiff.
Adv. Kapse present for defendant no. 01.
None present for other defendants.
Following order as to admissibility of documents is passed below list of documents Exh. 07
Order- Perused the affidavit in lieu of examination in chief of plaintiff Exh. 06, list of documents Exh. 07, documents filed therewith and say of admission and denial of defendant no. 1 and 2. Heard arguments advanced of ld. Advocate for plaintiff and ld. Advocate for defendants.
1) The document at sr. no. 01 is the office copy of the marriage certificate issued by Panchashil Buddhavihar. Pw no 01 has adduced proper evidence in respect of same. Hence, document at sr. no. 01 is taken on record and marked as Exh. 08.
2) The document at sr. no. 02 are the photocopies of the Aadhar Card which are verified from the original by the sheristedar of this court and found to be correct. Hence, document at sr. no. 02 is marked as Exh.09 colly.
3) The document at sr. no. 03 are the photocopies of Aadhar card and rashan card which are verified from the original by the sheristedar of this court and found to be correct. Hence, document at sr. no. 03 are marked as Exh. 10 colly.
4) The document at sr. no. 04 is the original letter issued by Sr. P.I. Nehru Nagar police station Mumbai in discharge of his official function. Hence, document at sr. no. 04 is marked as Exh. 11.
5) The document at sr. no. 05 is the original certificate issued by Sr. P.I. Crime Branch Mumbai in discharge of his official function. Hence, document at sr. no. 05 is marked as Exh. 12.
6) The document at sr. no. 06 is the original certificate issued by P.I. Nehru Nagar police station Mumbai in discharge of his official function. Hence, document at sr. no. 05 is marked as Exh. 13.
7) The document at sr. no. 07 at page no. 11 is the original certificate issued by P.I. Nehru Nagar police station Mumbai in discharge of his official function. Hence, document at sr. no. 07 is marked as Exh. 14.
Matter adjourned for cross examination to 24/04/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: None present for plaintiff.
Adv. Siddharth Khedekar hf adv. kapse present for defendant no. 01/STATE.
Adv. Chandramore present for defendant no. 02/MCGM.
As plaintiff and her adv. are absent, Matter adjourned for cross examination to 06-06-23.
l.o. at 12.00 pm.
Adv. Neelam Gaikwad present for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Plaintiff and her counsel are absent.
Adv. Sachin Kadam for State present.
Adv. Chandramore for defendant No.2/BMC present.
Matter adjourned for Recording Evidence to 03.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: PW-01 Plaintiff in person present.
Adv. Gaikwad for the plaintiff present.
Adv. Kapse present for defendant No.1.
Adv. Chandramore for defendant No.2/BMC.
Cross examination of PW- 01 Jaya Raybhan Chabukswar by Adv. Kapse for defendant No.1/State is commenced and completed.
Cross examination of PW- 01 Jaya Raybhan Chabukswar by Adv. Chandramore for defendant No.2/BMC is commenced and completed.
Ld. counsels for defendant Nos.1 and 2 submitted that they do not want to lead evidence.
Advocate for plaintiff filed evidence closed pursis. TOR and marked as Exh.15.
Matter adjourned for Final Argument to 18.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: dv. Neelam Gaikwad present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Final Argument to 31.07.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: None present for plaintiff.
Adv. Kapse present for defendant/State.
Adv. Chandramore for defendant/BMC present.
Heard argument Ld. Counsel for defendant/State and Ld. Counsel of defendant/BMC.
Matter adjourned for Final Argument to 05.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Plaintiff in-person present. She prayed for adjournment as her counsel not feeling well.
Adv. Kapse present for defendant/State.
Matter adjourned for Final Argument to 28.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Plaintiff in-person present.
Adv. Kapse present for defendant/State.
Adv. Chardramore for MCGM present.
Matter adjourned for Final Argument to 04.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Plaintiff in-person present.
Adv. Rupesh Bhalshankar present for plaintiff.
Adv. Chardramore for MCGM present.
Matter adjourned for Final Argument to 26.10.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: Adv. Rupesh Bhalshankar present for plaintiff.
Adv. Chardramore present for defendant/BMC.
Adv. Amit Kapse present for defendant No.1/State.
Heard argument of both sides.
F.R.S.R. following Judgment passed in Suit No.2466 of 2019
ORDER
1. Suit is partly decreed.
2. It is hereby declared that Raybhan Kisan Chabuuskwar, resident of ZO-2, Vishvabharat Mitra Mandal, Hanuman Nagar, Dairy Road, S.G. Barve Road, Nehru Nagar, Kurla East, Mumbai 400 024, is dead.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 26-10-2023
