Date: 25-07-2019
Business: Plaintiff present.
Adv.Prakash Mulky for the Plaintiff present.
Adv. for Defendant present.
Issue writ of summons to Defendants on payment of process fees.
Matter is adjd. to 21.10.2019 for proof of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: Holiday declared on account of Vidhansabha Election.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv.Prakash Mulki for plaintiff present, he tendered affidavit of service respect of letter to defendant No.1 and writ of summons defendant No.2. It appears from the report that defendant No.1 and 2 are duly served.
Adv. Priyank Gaokar h/f Adv. Khatib for defendant No. 1 is present.
Matter adj for passing order against defendant No.1 and 2 to 12.12.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Prakash Mulky for the Plaintiff is present.
Adv.Chandramore for Defendant no 2 is present.
None for defendant no. 1.
defendant no. 1 and 2 failed to file W.S therefore No W.S order is passed against defendant no. 1 and 2.
Matter is adjd. for evidence without W. S against defendant no. 1 and 2 to 16/01/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Mulky for Plaintiff is present. He filed affidavit of examination in Chief Mrs. Sunanda Main a/w two list of documents (Exh.4 to 6)
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. Chandramore for defendant no.2 is present.
Adv. Shukla h/f Adv. Khatib for defendant no.1 is present.
Matter is adjd. for hearing on documents to 17/02/2020.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Mulky for plaintiff is present. He field application for permission to withdraw original documents filed at Exh. 7. Record shows that the documents are not yet exhibited nor verified. Therefore, application is rejected.
Adv. Chandramore for defendant no. 2 is present.
Adv. Kapse for defendant no. 1 is present.
Matter is adjd. for hearing on documents to 03/04/2020.
Next Purpose: HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Next Purpose: HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Due to Lockdown because of Covid-19, board is discharged and
as per SOP only urgent matters are taken up.
Next Purpose: HEARING
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: None for plaintiff.
Adv. Neha Tikam i/b Adv. Sachin Kadam for the defendant no.1.
Matter is adjd. to 17/03/2021 for further evidence of plaintiff (No WS).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Prakash Mulky for the plaintiff
Adv. Kapse for the defendant No.1.
Adv. Chandramore for the defendant No.2.
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 Hindi and English newspapers having wide circulation in Mumbai.
Matter is adjd. to 10/06/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: As Court is busy in hearing arguments in NM 4869/19 in Suit No.2390/13. HCTB matter. Hence, Board discharged.
Matter is adjd. to 06.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Prakash Mulky present for the applicant. He undertakes to file Vakalatnama on behalf of applicant on next date.
He filed pursis alongwith Death Certificate of Plaintiff. T.O.R.
He also filed draft NM a/w affidavit of N/M TOR O- Leave is granted to register. Other side to serve.
Matter is adjd. to 24.01.2022 for Ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Advocate Mr. Prakash Mulky for the plaintiff/applicants present.
None present for the defendant.
Advocate for the applicant tendered registered N/M No.91/2022 along with affidavit in support. t.o.r.
Matter is adjd. to 16.03.2022 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Prakash Mulky for applicant present.
He filed application for permission to withdraw original ration card.
He also V/P . TOR and marked as Exh. 9
He also filed service affidavit.
Matter is adjd. to 22-04-2022 for reply on Ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: None present for parties.
Matter is adjd. to 28.07.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Prakash Mulky for plaintiff present.
Adv. Kapse for defendant no. 1 present and seeking time for filing say. Time granted.
Adv.Chandramore for defendant no. 2/BMC present and filed say on ch/s. no. 91/22.
Order passed below Exh.9
Read the application and report of supt. of City Civil Court. The applicant who are the son of diseased plaintiff. Considering reason mentioned in application. Application is allowed. Returned the original ration card to the applicant as per rule.
Matter is adjd. to 14.10.2022 for filing say of deft.no. 1
Next Purpose: FILING SAY
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Prakash Mulky for plaintiff present.
None present for defendant.
Last chance granted for filing reply to deft.no. 1
Matter is adjd. to 02.12.2022 for c/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: As court is busy in hearing arguments in NM no. 614/21 in Suit No. and other matters on board. Hence, Matter is adjd. to 20.01.2023 for C/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: court is on leave. Hence Board is discharge and matter adjd to.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Prakash Mulky for plaintiff present.
Adv. Chandramore for defendant No.2/BMC present.
Advocate Mr. Khatib for the State/defendant No.1 present and seeking time to file reply to Chamber Summons. Time granted.
Matter is adjourned to 11.04.2023 for Chamber Summons reply of State.
Next Purpose: C/S REPLY
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Prakash Mulky for plaintiff present.
None present for defendant.
Last chance granted to defendant to file reply to Chamber Summons.
Matter is adjourned to 20.06.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: As the Court is busy in hearing on NM Nos. 675/2019 and 389/2023. Hence, board is discharged.
Adjourned for Ch/s reply to 31.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: None present for the plaintiff.
Adv. Mr. Khatib for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
The following Order is passed on Ch/s No. 91/2022:
Present chamber summons has been taken out on behalf of the plaintiff for bringing on record legal-heirs of deceased plaintiff and for consequential amendment in the plaint. Copy of Death Certificate of plaintiff is produced on record. Chamber summons is opposed by defendant/MCGM by submitting that chamber summons is not within limitation. Considering the submissions it would be just and proper to condone delay and to bring on record legal-heirs of deceased plaintiff and to amend plaint as prayed. In the result, I proceed to pass following order:
ORDER
1. Chamber Summons No. 91/2022 is made absolute.
2. Plaintiff is permitted to amend the plaint as prayed.
3. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
4. Chamber Summons No. 91/2022 stands disposed off.
Matter is adjourned to 14.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: Adv. Mr. Prakash Monappa Mulky for the plaintiff is present.
Adv. Mr. Khatib for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Adv. for the plaintiff filed amended copy of plaint on record. TOR.
Adv. for the plaintiff seeks time to file affidavit of evidence. Time is granted.
Matter is adjourned to 19.10.2023 for filing affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: The plaintiff is present.
Adv. Ms. Chandramore for defendant No. 2/BMC is present.
KB LO at 12:16 pm.
Adv. Mr. Khatib for defendant No. 1/ State is present.
It appears from the previous roznama that documents are inadvertently wrongly exhibited which needs to be corrected. Hence, documents are re-numbered as follows:
Exh.1- Plaint.
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Exh. 5. Affidavit of examination-in-chief of Mrs. Sunanda Rawaji Main.
Exh. 6. List of documents (Xerox Copies)
Exh. 7. List of documents (Original Copies)
Exh. 8. Application filed by plaintiff seeking withdrawal of documents.
Exh. 9. Adv. Mr. Prakash Mulky filed fresh VP for legal-heirs of plaintiff.
Exh. 10. Application filed by plaintiff to withdraw original Ration Card.
Adv. Mr. Prakash Mulky for the plaintiff is present and filed affidavit in lieu of examination-in-chief of witness Pramod Rawaji Main. TOR. It is marked at Exh. 11 O-R&R. He also filed additional list of documents. TOR. It is marked at Exh. 12. O- Other side to say. Copies are supplied to the other side.
It appears that affidavit is signed by plaintiff Nos. 1 and 2. However, it is submitted by ld advocate for plaintiff that he is filing affidavit only for plaintiff No. 1 i.e. Pramod Rawaji Main.
Adv. for defendant Nos. 1 and 2 filed say on list documents at exhibit 7 and 12.
Heard both the sides on exhibiting documents. Documents filed along-with list of exhibit 7 and 12 are marked exhibits as follows:
Identity Card No. ITD 3150075. It is marked at Exh. 13.
Identity Card No. 47985. It is marked at Exh. 14.
Employees Provident fund Slip bearing Account No. MH/140/7059. Its marked at Exh. 15.
Salary Slip in the month of July 2000. It is marked at Exh. 16.
Identity Card No. 56227 dtd. 14.07.1998. It is marked at Exh. 17.
Monthly Railway Pass bearing No. 025415 dtd. 13.12.2000. It is marked at Exh. 18.
True Copy of the letter No. MH/BAN/Pen/Trf/Case No. 22925/95 dtd. 07.04.2005. It is marked at Exh. 19.
Office copy of letter dtd. 26.06.2005. It is marked at Exh. 20.
Letter dtd. 27.06.2005. It is marked at Exh. 21.
True Copy of the letter No. MH/KOL/PENSION/05/377 dtd. 07.08.2005. It is marked at Exh. 22.
Aadhar Card No. 4277979620109. It is marked at Exh. 23.
Electricity Bill in the month of March 2019. It is marked at Exh. 24.
Aadhar Card No. 401340123765. It is marked at Exh. 25.
Saving Pass book, Account No. 5360. It is marked at Exh. 26.
Aadhar Card No. 780918347147. It is marked at Exh. 27.
Saving Pass Book, Account No. 5356. It is marked at Exh. 28.
Letter dtd. 01.07.2009. It is marked at Exh. 29.
Certificate dtd. 10.07.2009 issued by RAK P.Stn. Marked at Exh. 30.
Letter dtd. 08.04.2019. It is marked at Exh. 31.
Letter dtd. 08.04.2019. It is marked at Exh. 32.
Death Certificate of Sunanda Rawaji Main dtd. 10.05.2021. It is marked at Exh. 33.
Matter is adjourned to 07.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Adv. Mr. for the plaintiff is present.
Adv. Ms. Chandramore for defendant No. /BMC is present.
Adv. Mr. R.S. Khatib for defendant No. /State is present and seeks adjournment by submitting that he is not keeping well. Considering the reason matter is adjourned.
Matter is adjourned to 04.01.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Adv. Mr. Prakash Monnappa Mulky for the plaintiff is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Matter is adjourned to 15.01.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Plaintiff no.1(a) is present.
Adv. Mr. P.M.Mulky for the plaintiff is present.
Adv. Mr.Khatib for defendant no.1/State is present.
Adv.Mrs.Chandramore for defendant no.2/BMC is present.
Cross-examination PW-2 Mr. Pramod Rawaji Main commenced and completed advocates for defendant no.1 and 2.
Advocate for plaintiff filed close pursis marked at Exh-34
Matter is adjourned to 22.01.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Plaintiff no.1(a) is present.
None for defendant.
Matter is adjourned to 29.01.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Adv. Mr.P.M.Mulky for the plaintiff is present.
Adv. Mr. Khatib for defendant no.1/State is present.
Adv. Mrs. Chandramore for defendant no.2/BMC is present.
Heard argument ld adv. for both the sides.
Matter is adjourned to 09.02.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Court is on leave. Hence, Board discharged matter adjd to
Next Purpose: JUDGMENT
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: Plaintiff is present.
Adv. Mr.Mulky for the plaintiff is present.
Adv. Mr.Khatib for defendant no./State is present.
Judgment is dictated and pronounced in open court.
The Judgment marked at Exh-
F.R.S.R. the following Order is passed on SUIT No. 1948 OF 2019.
ORDER
1.The suit is hereby decreed.
2.It is hereby declared that the father of the plaintiffs Rawaji Ramchandra Main is not being heard of for more than last seven years and he is Civil Dead.
3.The defendant is directed to register the death of Rawaji Ramchandra Main and to 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 plaintiff after the appeal period is over.
7.The suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2024
