Date: 30-01-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Pravin Pillay for plff present.
Adv. Chandramore for def. no.2 present.
Matter is adjd. to proof of service / WS to 06.04.2021
Next Purpose: SERVICE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 05.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Court is on leave.
Next Purpose: SERVICE
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 17/11/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv Ms.Pillay present for the plaintiff.
Ms.Chandramore present for the corporation/ defendant no.3
Adv Mr.Kapse present for the state.
KB
Adv for the plaintiff filed application for publication TOR O- Notice be published in one Marathi and one English News paper as prayed for.
Matter is adjd. to 04.02.2022 for Publication.
Next Purpose: SERVICE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Plaintiff present.
Adv Lalitprabha Pillay for plaintiff present.
Adv.Chandramore for defendant/BMC present.
Adv Mr.Kapse for State present.
Ld advocate for plaintiff files copy of news papers for paper publication of Writ of Summons. Defendants though appear failed to file WS. Hence, suit to proceed further. Matter is adjourned for no WS hearing
Matter is adjd. to 20.04.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Lalitprabha pille present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
From the service affidavit, it appears that, defendant no. 01 is served with writ of summons by RPAD. However, defendant no. 01 failed to appear. Hence, suit be proceeded without ex-parte against defendant no. 01.
Matter adjourned for RE to 21/06/22.
l.o. at 01.22 pm.
Adv. Kapse present for df. no. 02 and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for RE/order to 05/07/22.
l.o. at 11.24 am.
Adv. Pille present for the plaintiff and sought adjournment
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present for plaintiff.
Adv Chandramore present for defendant no. 03.
Adv Priyanka Gaonkar h/f Adv Kapse present for defendant no. 02 and tendered draft Notice of Motion alongwith affidavit. TOR. She also tendered Written Statement of defendant no. 02 alongwith draft Notice of Motion.
Matter adjourned for service and reply to Notice of Motion to 12.08.2022.
Next Purpose: SERVICE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Lalitprabha Pille present for plaintiff.
Adv. Chandramore present for defendant 03/MCGM.
Adv. Vaibhavi pawar hf adv. Kapse present for defendant/SRA.
Copy of draft nm is served to the advocate for plaintiff by advocate for defendant no. 02.
Matter adjourned for nm reply to 19/09/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Lalitprabha pille present for plaintiff and tendered affidavit in reply to nm no. 3395/22.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendants.
Matter adjourned for hearing on nm no. 3395/22 to 03/10/22.
l.o. at 03.27 pm.
Adv. Kapse present for defendant no. 02/STATE and he tendered original registered Notice of Motion No. 3395/22@ affidavit. t.o.r..
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv. Lalitprabha Pille present for plaintiff.
Adv. Chandramore present for defendant 03/MCGM.
Adv. Kapse present for defendant no. 02.
Plaintiff 03 in person present.
Heard arguments of ld adv. For defendant 02 and ld. Adv. For plaintiff and on nm no. 3395/2022.
Matter adjourned for order on nm no. 3395/2022 to 08/10/22.
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Advocate Lalitprabha Pillai present for plaintiff.
Advocate Kapse present for defendant no. 02.
None present for other defendants.
F.R.S.R. following order is passed on Notice of Motion no. 3395/2022:
Order
1) Notice of Motion no. 3395/2022 is made absolute.
2) Written Statement of defendant no. 02 be taken on record.
3) Notice of Motion no. 3395/2022 is disposed off accordingly.
In view of the above order Written Statement of defendant no. 02 is taken on record and Marked as Exh-06.
Matter adjourned for Issues to 18.11.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Sue motu matter taken on Board. There appear elements of settlement. Therefore, matter be kept in upcoming lok-adalat dt. 12/11/22. Issue Notice of lok adalat to the Parties. Matter is adjd. For lok-adalat on 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Adv.Lalitprabha Pillay for plaintiff present.
Adv.Chandra More for BMC/deft. Present.
Parties are not present. No business.
Matter adjd to 18.11.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv Sumeet Pillai present for plaintiff and tendered application for adjournment.TOR. Marked as Exh-06.
Adv Chandramore present for defendant no. 03/MCGM.
None present for defendant no. 01.
Order on Exh-06:
Considering the reason application Exh. 06 is allowed.
Matter adjourned for Issues to 17.12.2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Pravin Pillai present for plaintiff and submitted that, plaintiff no. 01 is expired and sought adjournment for taking necessary steps.
Adv. Pratik korgaonkar hf adv. Kapse present for defendant 02.
None present for other defendants.
Matter adjourned for steps to 20/01/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv Sumit Pillai present for plaintiff and sought adjournment for taking steps necessary steps.
Adv Kapse present for defendant no. 02.
Adv Chandramore present for defendant no. 03.
Matter adjourned for Steps to 27.02.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Sumit Pillai present for plaintiff and tendered draft Chamber Summons @ Affidavit. t.o.r.
O- Leave granted to register..
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendants.
Matter adjourned for service and reply to 27/04/2023.
Next Purpose: REPLY
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: As P.O. is on half day leave, Matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: Plaintiff No.3 present.
Adv. Sunil Pillay present for plaintiff tendered chamber summons No.780/2023 and copy served on defendant/BMC.
Adv. Chandramore present for defendant.
Matter adjourned for Reply and Hearing on NM to 04.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Adv. Lalit Prabha Pillay present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Reply and Hearing on Ch/s. to 21.09.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Adv. Lalit Prabha Pillay present for plaintiff and tendered affidavit of service in resepect of chamber summons No.780/2023.
Adv. Chandramore present for defendant/BMC and endorsed say overleaf of chamber summons No.780/2023.
Matter adjourned for Reply and Hearing on Ch/s. to 23.11.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Lalit Prabha Pillay present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Order on Chamber summons No.780 of 2023
This chamber summons for amendment of plaint is taken by plaintiffs No.3. She submits that plaintiff No.1 passed away on 13.12.2022. She annexed copy of death certificate of plaintiff No.1 Nirmala Sawant with her affidavit. Defendant No.3 filed its say. I have heard both sides.
Having regards to demise of Nirmala Sawant, her name needs to be deleted from the list of plaintiffs. Hence I pass following order
ORDER
1. Chamber Summons No.780 of 2023 is allowed.
2. Name of plaintiff No.1 Nirmala Sawant is deleted from the cause title.
3. Plaintiff to carryout necessary amendment within four weeks.
4. Chamber Summons No.780 of 2023 stands disposed off.
Matter adjourned for Compliance to 18.01.2024.
Later on at 04.14 p.m.
Adv. Khatib present holding for Adv. Amit Kapse present for defendant/State.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: None present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Affidavit of service of amendment plaint to 04.03.2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: As court is on half day leave in morning session.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Adv. Lalitprabha Pille present for plaintiff. She tendered draft chamber summons alongwith affidavit in support. O-Leave granted to register chamber summons.
Adv. Pradnya Chandramore present for defendant/BMC. She endorsed say on draft chamber summons itself.
Adv. Amit Kapse present for defendant No.2/State. He endorsed say on draft chamber summons itself.
Later on at 01.00 p.m.
Advocate for plaintiff tendered registered chamber summons No.857/2024 alongwith affidavit in support. Taken on record.
Adv. Pradnya Chandramore present for defendant No.1/BMC.
Adv. Amit Kapse present for defendant No.2/State
Heard argument of both sides on chamber summons No.857/2024.
Order on Chamber Summons No.857 of 2024
Perused chamber summon, affidavit in support thereof and say endorsed by defendant Nos.1 and 2. Heard both sides.
By this amendment plaintiff want to delete defendant No.1 who is missing. Defendants did not opposed this chamber summons seriously. Defendant No.1 was not necessary party to this litigation. Hence, this chamber summons deserves to be allowed. Hence, I pass following order
ORDER
1. Chamber Summons No.857 of 2024 is allowed.
2. Plaintiff to carry out necessary amendment before next date.
3. Chamber Summons No.857 of 2024 stand disposed of.
Matter adjourned for Compliance to 03.05.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Adv. Lalitprabha Pille present for plaintiff. She submitted that amendment is carried out as per order dated 25.04.2024 in Chamber Summons No.857/2024.
Adv. Amit Kapse present for defendant No.2/State.
Adv. Pradnya Chandramore present for defendant No.3/BMC.
Advocate for defendant Nos.2 and 3 submitted that after amendment both defendants are not interested to file additional written statement.
Matter adjourned for Framing Issues to 29.07.2024.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Adv. Lalitprabha Pille present for plaintiff.
Adv. Amit Kapse present for defendant No.2/State.
Adv. Apurva Dalal present for defendant No.3/BMC.
Exh. 7-Issues are framed.
Matter adjourned for Recording Evidence to 19.09.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: None present for plaintiff.
Adv. Martina Sapkal present for defendant No.2/State.
Adv. Apurva Dalal present for defendant No.3/BMC.
Matter adjourned for Recording Evidence to 02.12.2024.
Later on at 12.32 p.m.
Adv. Lalitprabha Pille for plaintiff present. She tendered affidavit of evidence and list of documents. Taken on record and marked as Exh.8 and Exh.9 respectively.
Adv. Martina Sapkal present for defendant No.2/State. She endorsed say on list of document Exh.9 itself.
Adv. Apurva Dalal present for defendant No.3/BMC. She endorsed say on list of document Exh.9 itself.
Matter adjourned for Hearing on admissibility of document to 03.10.2024.
Next Purpose: HEARING
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: Adv. Lalitprabha Pille for plaintiff present.
Adv. Martina Sapkal present for defendant No.2/State.
Adv. Apurva Dalal present for defendant No.3/BMC.
Matter adjourned for Hearing on admissibility of document to 13.11.2024.
Next Purpose: HEARING
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Adv. Lalitprabha Pille for plaintiff present.
Adv. Martina Sapkal h/f. Adv. Kapse present for defendant No.2/State.
Adv. Apurva Dalal present for defendant No.3/BMC.
Matter adjourned for Hearing on admissibility of document to 09.01.2025.
Next Purpose: HEARING
Next Hearing Date: 09-01-2025
Date: 09-01-2025
Business: None for plaintiff present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Matter adjourned for Hearing on admissibility of document (admission and denial) to 06.03.2025.
Later on at 11.50 a.m.
Adv. Lalitprabha Pille for plaintiff present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-03-2025
Date: 06-03-2025
Business: Adv. Lalitprabha Pille for plaintiff present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Adv. Amit Kapse for defendant/State present.
ORDER ON ADMISSION/DENIAL
Heard parites on list of documents Exh.9.
Document at Sr. No. 1 is the original copy of the official communication. Hence, same needs to be marked.
Document at Sr. No.2 is photocopy of the communication between defendant/ Police Station and Office of Assistant Controller of Rationing, Andheri. The document is more than 30 years old and it is merely an intimation about registration of missing complaint. Hence, same needs to be marked.
The document at Sr. No.3 is the certified copy of order passed by Ld. M.M. Court Borivali. Hence, same needs to be marked.
Documents marked as under
Sr. No.
Documents
Page No.
Original/Copy
Exhibits
1
Original letter dated 11th May 1977 of the employer of the father of the plaintiff no.3 to Kalachowkie Police Station.
1-2
Original
Exh.10
2
Photostat letter dated 26.06.1977 of Kalawhowkie Police Station to employer of the father of the plaintiff No.3.
3
Copy
Exh.11
3
Certified copy of order dated 26.08.2013 issued by the Metropolitan Magistrate 26th Court at Borivali, Mumbai.
4-5
Certified copy
Exh.12
Matter adjourned for cross examination of PW-1 to 07.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: None present for plaintiff.
Adv. Apurva Dalal for defendant No.3/BMC present.
Keep back.
Later on at 01.51 p.m.
None present for plaintiff.
Adv. Apurva Dalal for defendant No.3/BMC present.
Adv. Martina Sapkal for defendant/State present.
Matter adjourned for cross examination of PW-1 to 19.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2025
Date: 19-04-2025
Business: Plaintiff present. Her advocate absent.
Adv. Apurva Dalal for defendant No.3/BMC present.
Adv. Amit Kapse for defendant/State present.
Later on at 12.00 p.m.
Plaintiff present.
Adv. Lalitprabha Pillay for plaintiff present.
Adv. Amit Kapse for defendant No.2/State present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Cross examination of PW- 01 Sandhya Santosh Sawant by Adv. Amit Kapse for defendant No.2/State is commenced and completed.
Cross examination of PW- 01 Sandhya Santosh Sawant by Adv. Apurva Dalal for defendant No.3/BMC is commenced and completed.
Ld. Adv. for plaintiff tendered evidence closed pursis. Pursis is taken on record and marked as Exh.13 O-Seen and filed.
Ld. Adv. for defendant No.2/State as well as Ld. Adv. for defendant No.3/BMC submit that, they do not want to lead evidence. Hence, evidence of defendant Nos.2 and 3 closed.
Matter adjourned for final argument to 29.04.2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2025
Date: 29-04-2025
Business: Plaintiff No.3 present.
Adv. Amit Kapse for defendant No.2/State present.
Adv. Apurva Dalal for defendant No.3/BMC present.
Heard both sides.
Matter adjourned for judgment to 06.05.2025.
Next Purpose: JUDGMENT
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Plaintiff No.3 present.
Adv. Lalitprabha Pillay for plaintiff present.
Adv. Amit Kapse for defendant No.2/State present.
Adv. Kajal Solanki h/f. Adv. Apurva Dalal for defendant No.3/BMC present.
Exh.14-Judgment.
F.R.S.R. following judgment passed
ORDER
1) Suit is partly decreed.
2) It is hereby declared that Shri. Pundalik Jayram Sawant, R/o. 706, Om Sumit C.H.S. Ltd., Ganesh Galli, Lalbaug, Mumbai is dead.
3) Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-05-2025