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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Shalini Gangaram Kamble +1 moreVsThe Additional Muncipal Commissioner MCGM +1 more

CNR MHCC0100504820209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 19th August 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101367/2020
Registration Date
09 Dec 2020

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Specific Relief Act · Sec 34

    Case History / Proceedings

    Case History
    Date: 15-02-2021
    Business: None for plaintiff.
    Issue summons to defendants.
    Matter is adjd. to 05/05/2021 for service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Kapse present for the defendant no.2
    Adv Chandramore present for the corporation.
    Matter is adjd. to 17.03.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Santosh Bhosale for plaintiff present and filed service affidavit.
    Adv. Chandramore for BMC present.
    Matter is adjd. to 22-03-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: PO is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv.Bhosale for plaintiff present.
    Adv. Chandramore for BMC present.
    Adv. Kapase for State/defendant no. 2 present and seeking time for filing WS.-O-Time is granted
    Matter is adjd.to 21-07-2022 for  WS
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Santosh Bhosale for plaintiff present.
    Adv.Chandramore for defendant no. 1/BMC present and submitted that she is not going to file WS, hence matter is proceed without WS against Deft.no. 1.
    Adv. Kapse for Deft present and seeking time for filing WS. Time granted subject to limitation.
    Matter is adjd. to 06.09.2022 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Court is busy in hearing arguments in suit no. 5108/12.
    Matter is adjd. to 10.11.2022 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Adv. Santosh Bhosale for plaintiff present.
    Adv. Chandramore for defendant no. 1/BMC present.
    Perusing record it appers that, sufficient opportunities granted to BMC to file WS, but BMC/Deft.no.1 failed to file WS. Hence, no WS order is passed against deft.No.1/BMC.
    Advocate Mr. Kapse for the State/defendant No.2 present but he failed to file WS. Hence, suit proceed without WS of Deft.no.2.
    Matter is adjd. to 13.01.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv.Santosh Bhosale for plaintiff is present and submitted that evidence is ready but affirmation is not completed and seeking time for filing evidence.
    O-Time is granted.
    Adv.Sachin Kadam for defendant/STATE is present.
    Matter is adjourned to 16.03.2023 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-03-2023
    
    Date: 16-03-2023
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Prashant Jadhav h/f Adv. Santosh Bhosale for plaintiff present and seeking time for filing evidence.
    None present for defendant.
    Matter is adjourned to 10.07.2023 for Recording Evidence.
    LO at 12.20 pm
    Adv. Chandramore for defendant/BMC present.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No. 1/BMC is present.
    Adv. Mr. Amit Kapse for defendant No.2/ State is present.
    Matter is adjourned to 01.08.2023 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Adv. Mr. Santosh Bhosale  for the plaintiff is present.
    Adv. Ms. Chandramore for defendant No.1/BMC is present.
    Adv. Mr. Amit Kapse for defendant No.2/ State is present.
    KB LO at 12:00 pm.
    Exh.1- Plaint.
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 05. O- R&R. He also filed list of documents. TOR. It is marked at Exh. 06. O- Other side to say on exhibition of documents. Copies are supplied to the other side. Say filed.
    Heard both the sides on exhibiting of  document.
    Following documents are marked exhibited.
    Original copy of the application to Supervisor, A North Ward, BMC. Fort, Mumbait dtd. 17.10.1988. It is marked at Exh. 07.
    Xerox Copy of the application dtd. 02.09.1994 along-with original
    acknowledgment. It is marked at Exh. 08.
    Original copy of the Certificate issued on dtd. 14.11.1994. by MRA Marg police station. It is marked at Exh. 09.
    PW-1 Mrs. Shalini Gangaram Kamble is resumed on SA.
    Adv. for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh.10. O- Filed.
    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.
    Matter is adjourned to 08.08.2023 for final arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.1/BMC is present.
    Adv. Mr. Amit Kapse for defendant No.2/ State is present.
    KB LO at 01:20 pm.
    Adv. Mr. Santosh Mishra for the plaintiff is present.
    Heard arguments of both the sides.
    Matter is adjourned to 19.08.2023 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: Adv. Mr. Prashant Jadhav for the plaintiff is present.
    Adv. Mr. Amit Kapse for defendant No.2/ State is present.
    KB LO at 03:18 pm.
    The judgment is dictated and pronounced in open Court. The judgment is marked at Exhibit No. 11.
    F.R.S.R. the following Order is passed in SU No. 1367/2020:
    ORDER
    1.	The  suit is hereby decreed.
    2.	It is hereby declared that the missing person Mr. Gangaram Tolu Kamble 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 Mr. Gangaram Tolu Kamble 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 plaintiffs after the appeal period is over.
    7.	The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 19-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105546/2020
    Filing Date: 07-11-2020
    First Hearing Date: 15th February 2021
    Decision Date: 19th August 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Aug 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010050482020 Lodged on : 07.11.2020 Registered on : 09.12.2020 Decided on : 19.08.2023 Duration : 02Y 09M 12D EXHIBIT-11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 1367 OF 2020 MRS.SHALINI GANGARAM KAMBLE ] Residing at Bhimshakti Chawl, ] Behind Durgamata Mandir, ] Plot No.2, Indira Nagar, Limboni ] Baug, Govandi, Mumbai- 400 043. ] MR. DEEPAK GANGARAM KAMBLE ] Residing at Bhimshakti Chawl, ] Behind Durgamata Mandir, ] Plot…

    Read Full Order

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