Date: 17-12-2018
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Adv. Nikhil Mallelwal for plaintiff present and filed affidavit of service with letter about service of Writ of Summons which bears endorsement of PS Marine Drive about its receipt by the said police station. None appeared for defendant despite service of letter of request hence, suit to proceed Exparte against defendant.
Adjourned for Exparte evidence to 23.04.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Sachin Pawar for plaintiff present and seeks adjournment to adduce evidence.
Adjourned to 28.06.2019 for Exparte evidence.
Judge
LO
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint.
AGP Sachin Kadam filed application at Exh. 5 for setting aside Exparte order.
O- Heard. Perused the record. There appears substance in the contention of learned AGP that defendants are served for today\''s date hence, order to proceed Exparte passed against defendants on previous date is called back and matter is adjourned to next date for filing WS by defendants.
Already adjourned to 28.06.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: None present for the Plaintiff.
Adv. Kudalkar for Defendant present.
Matter is adjd. to 10.10.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: None present for the Plaintiff.
Adv. Mr. Shukla for State/Defendant-1 present.
The Defendant has failed to file WS. Hence no WS order is passed against the Defendant.
Matter is adjd. to 19.12.2019 for evidence of the Plaintiff (without WS )
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Plaintiff is present. Advocate absent.
Adv. Sanad Desai h/f Adv. Sachin Kadam for defendant no 1 is present.
Matter is adjd. for evidence of plaintiff without WS to 17/02/2020 .
LO at 12.20PM
Adv. Nikhil Mallelvar for plaintiff is present. He filed affidavit of evidence of PW-1 Mr. Nitin Khale
Matter is adjd for tendering documents to 17/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Nikhil Mallelwal for plaintiff is present. He seeks time for tendering documents. O granted
Adv. Kapse for defendant no. 1 is present.
Matter is adjd.for tendering documents to 20/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Mr. Sachin Pawar for the plaintiff.
Adv. Mr. Desai h/f Adv. Kadam for the defendant.
It appears that public summons was not issued. Hence, keep the matter for taking steps.
Matter is adjd. to 16/04/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Adv.Sachin Pawar for plaintiff.
None for defendant.
The plaintiff has filed paper publication notice on record.
Matter is adjd. to 28.07.2021 for evidence.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Due to covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: As the Court is busy in hearing arguments in SU No.4416/1992 and SU 2889/94, and also dictating order in NM No.2338/2021 (SU No.2427/2017). Therefore, board is discharged.
Matter is adjd. to 15/12/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Mr. Nikhil Mallelwar for Plff. Present.
He filed list of documents. It is taken on record and marked as Exh.7.
As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 06-01-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv.Gaonkar h/f Adv. Kadam for State present.
Adv.Nikhil P. Mallelwar for plff. present.
Ld. Adv. for Plff. submits that the corporation is not made party defendant to present suit. Hence he wants to make suitable amendment in the plaint by taking out appropriate proceeding and seeks date for the same. Time is granted.
Matter is adjd. to 06-04-2022 for amendment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Nikhil Mallelwar for plaintiff present and He filed draft CS a/w affidavit in support TOR O- leave is granted to register. Serve to other side.
Adv. Kadam h/f Adv. Kapse for State present.
Matter is adjd. to 05-05-2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Nikhil Mandelwal for plaintiff present and files registered Ch/s no. 680/22.
None present for the defendants.
Matter is adjd. to 16-06-2022 for service of Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Nikhil Mallelewar for plaintiff present.
Adv. Sachin Kadam for State present and filed written statement. R and R subject to limitation.
He also filed reply to Ch/s.
KB
LO at 4.15 PM
Say filed by defendant nos. 1,2.
Heard both the parites.
Matter is adjd. to 23-06-2022 for order on Ch/s.
Next Purpose: CS NM ORDERS
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv.Nikhil Mallelwar for plaintiff present.
Adv. Darshan Jain h/f Adv.Sachin Kadam for defendant present.
Matter is adjd. to 30-06-2022 for order.
Next Purpose: CS NM ORDERS
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: None present for plaintiff.
Adv. Sachin Kadam for State present.
For the reason separately recorded, the following order is passed.
ORDER
1.Chamber Summons No. 680 of 2022 is allowed.
2.The plaintiffs are allowed to add the Municipal Corporation of Greater Mumbai as party defendant No.2 in the above suit and directed to place on record amended copy of the suit plaint.
3.The plaintiffs are directed to furnish amended copies of the plaint to the defendants.
4.Chamber Summons No.680 of 2022 stands disposed of accordingly.
Matter is adjd. to 03-08-2022 for compliance.
Next Purpose: CS NM ORDERS
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Nikhil Mallelvar for plaintiff present and submitted that he carried out amendment and served the copy of amended plaint and filed service affidavit.
Adv. Sachin Kadam for defendant no. 2 present.
Matter is adjd. to 06.09.2022 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Malyawan for plaintiff present and filed draft issues.
Adv.Chandramore for defendant/BMC present.
Issues are framed - Exh.8
Matter is adjd. to 14.09.2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Plaintiff and his Adv. Nikhil Mallelwar present.
Adv. Chandramore for defendant/BMC present.
Adv. Sachin Kadam for deft/ state present.
Further examination in chief of PW-1, Mr. Nitin Khale by Advocate Nikhil Mallelwar commenced and completed.
During the further examination in chief of PW-1 are marked as Exhibit.
Missing complaint dated 10.05.2008- Exh.09.
Reciept issued by Senior Police Officer of Marine Drive Police Station.- Exh - 10.
Letter dtd. 01.06.2015 issued by the Sr. PI of Marine Drive Police Station to Sr. Police Officer to publish the name of missing person -Exh.11.
Certificate dtd.11.02.2010 of Missing person issued by Senior Police Inspector of Marine Drive Police Station - Exh.12.
Certificate dtd.30.03.2012 of Missing person issued by Senior Police Inspector of Marine Drive Police Station - Exh.13.
The plaintiff filed evidence closed pursis. Marked Exh.14
Deft.no. 1 and 2 are not going to lead any evidence. Hence evidence of deft.no. 1 and 2 are hereby closed.
Heard argument of Plaintiff and defendants Advocates
Matter is adjd. to 17.09.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: None present for plaintiff
Adv. Sachin Kadam for defendant no. 1 present.
Judgment - Exh.15
For the reason separately recorded, the following order is passed.
ORDER
1. The suit is hereby decreed.
2. It is hereby declared that Mr.Prabhakar Narayan Khale shall
presume to be dead as he was found unheard for a period
more than seven years and consequently, he is presumed to be
dead until contrary is proved.
3. No order as to costs of the suit.
4. Decree be drawn accordingly.
5. The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-09-2022