Date: 31-08-2019
Business: Mention by preceiepe. Adv. Mr. Malhotra for the plaintiff present. Issue writ of summons to the defts on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post. Already matter adjd to 03.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Mr. Mehrotra for the plff. Present.
Adv. Ms. Chandramore for deft-2 present and she seeks further time to file Written Statement. O-Granted.
None present for deft no.1.
Suit to proceed ex-parte against the deft no. 1
Matter is adjd. to 7.12.2020 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv.Pooja Deshmukh instructed by Ragvendra Meharotra for the plaintiff.
Plaintiff present.
None present for defendant no.1
Adv Chandramore for the defendant No.2
Adv for defendant no.2 seeks adjournment. Granted as last chance.
Matter is adjd. to 20.02.2021 for written statement by defendant no.2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Plaintiff is present.
Adv. Ms. Pooja Deshmukh for the plaintiff.
None for defendants.
Last chance was granted to defendant No.2 to file written statement. However, till date defendant No.2 has not filed written statement. Hence, the suit is proceed to without WS.
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 newspaper having wide circulation in Mumbai.
Matter is adjd. to 29/04/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: DUE TO COVID-19
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Morning sessions Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv Riyaz Sayyad present for the plaintiff.
He tendered Application for extension of time for publication TOR O- reissue summons time is extended.
Matter is adjd. to 03.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv.Shaikh for Applicant is present.
Matter is adjd. to 13.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Riya Sehgal present for plaintiff.
None present for defendant.
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 tendered application for taking paper publication on record t.o.r marked as Exh. 06.
Order on Exh. 06.
O- Application Allowed.
Matter adjourned for RE to 16/07/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv. Neha Kasare hf adv. Raghwendra present for plaintiff and sought adjournment.
Adv. Priyanka gavkar hf. Adv. khatib present for deff. no. 01.
None present for other defendant 02.
Matter adjourned for RE to 06/08/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Neha pandey present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for RE to 23/09/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Malhotra present for plaintiff and he tendered affidavit in lieu of examinationin chief of pw no. 01 \''Mr. Eknath Dattatray Jadhav \'' .t.o.r. marked as Exh. 07.
copy served to the advocate for the defendant no. 01.
He also tendered list of document t.o.r marked as Exh. 08.
Adv. Darshan Jain hf adv. Khatib present for defendant no. 01.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for service and admission and denial to 14/10/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Pooja desmukh present for plaintiff.
Adv. Khatib present for defendant 01 and filed say of admission and denial on Exh. 08 itself.
Adv. Chandramore present for defendant 02/MCGM filed say on Exh. 08 itself..
Matter adjourned for hearing on admissibility of documents to 18/11/22.
Next Purpose: HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv Ragvendra Malhotra present for plaintiff.
Adv Kapse present for defendant no. 01.
Adv Chandramore present for defendant no. 02.
Heard arguments of Ld. Advocate for plaintiff and Ld. Advocate for defendants on admissibility of documents below list Exh-08.
Following order as to admissibility of documents is passed below list exh-08:
Order:
Perused the affidavit in lieu of examination in chief of PW-01 Exh-07, List of documents exh-08 and documents filed therewith.
The document at sr. no.01 is photocopy of ration card and original identity card of Dattatray Jadhav issued by Election Commission. The photocopy is not admissible in evidence. The document at page no. 02 i.e. Identity card issued by the Public Authority in the discharge of public function. Hence, the document at page no. 02 of document at sr. no. 01 is Marked as Exh-09.
The document at sr. no. 02, 03 & 04 are the original certificate and original letters issued by PI, Bhandup Police Station in the discharge of his Public function. Hence, the document at sr. no. 02, 03 & 04 are Marked as Exh-10, 11 & 12, respectively.
The document at sr. no. 05 & 07 are the office copies of notices issued by plaintiff alongwith original postal receipts and acknowledgement. PW-1 has adduced proper evidence in respect of same. Hence, document at sr. no. 05 & 07 is Marked as exh-13 colly & 14 colly respectively.
The document at sr. no. 06 & 08 are the original newspapers having publication of news about the missing person. PW-1 has adduced proper evidence in the respect of same. Hence,The document at sr. no. 06 & 08 are Marked as Exh-15 colly & 16 Colly, respectively.
Matter adjourned for cross-examination of PW-1 to 25.11.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Rajendra Malhotra present for plaintiff.
Pw 01 is present.
Adv. Chandramore present for defendant/MCGM.
Cross-examination by Adv. Khatib for defendant 01/STATE And by Adv. Chandramore present for defendant 02/MCGM of pw no. 01 is recorded and completed.
Adv. For plaintiff tendered evidence closing pursis of plaintiff t.o.r marked as Exh.17.
Adv. For defendants submitted that, they do not want to lead any evidence.
Matter adjourned for arguments to 10/12/22.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2022
Date: 10-12-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Plaintiff in person present.
Adv. Pooja Deshmukh present for plaintiff.
Adv. Khatib present for defendant no. 01.
Adv. Chandramore present for defendant no. 02/MCGM.
Heard final arguments of ld. Advocate for plaintiff and ld. Advocate for defendants.
Matter adjourned for Judgment to 07/01/23.
Next Purpose: JUDGMENT
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Raghwendra Mehrotra @ Pooja Deshmukh present for plaintiff and tendered written notes of arguments of plaintiff. t.o.r.
Adv. Khatib present for defendant no. 01.
F.R.S.R. Judgement delivered and following order is passed.
ORDER
1) Suit is decreed with costs.
2) It is hereby declared that, Mr. Dattatray Rambhau Jadhav is
dead.
3) Decree be drawn up accordingly.
Proceeding is closed.
Authenticated copy of Roznama be given to both the parties if
requested.
Nature Of Disposal: DECREED
Disposal Date: 07-01-2023