Date: 14-08-2018
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: As court is busy in R/E in SU No. 979/2008.
Hence, board is discharged.
Matter adj. to 11/01/2019 for Directions
Next Purpose: DIRECTIONS
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Advocate Bhatia for plaintiff present and filed letter of request.
Adv. Vaibhavi Pawar h/f Adv. Kapse for defendant nos.1 and 2 present
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint
Advocate Vaibhavi Pawar filed Written Statement at Exh.5. R and R.
None appeared for defendant no.3 inspite service of suit summons hence, suit to proceed Exparte against defendant no.3 .
Adjd. for issues to 26.03.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Bhatia for plaintiff present.
Adv. Suryavanshi for defendant no.3 present.
On request of advocate for plaintiff, adjourned to 03.05.2019 for filing draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: As court is busy in hearing urgent matters, board is discharged and this suit is adjourned for draft Issues to 21.08.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Bhatia h/f Adv. Rajabally for the Plaintiff present.
Adv. Darshan Jain h/f Adv. Kapse for defendant nos. 1 and 2 present.
Matter is adjd. to 09/09/2019 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Ms. Bhatia for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 3 present.
Draft issues not tendered.
Matter is adjd. to 25.11.2019 for draft issues/ issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Bhatiya for plaintiff present, she file draft issues.t.o.r.
Adv.Ms.Chandramore for BMC/deft/No. 3 is Present.
Adv. Kapse for defendant No.1 and 2 present.
Issue framed.
Matter adj for list of witness to 07.12.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Ms. Bhatia for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 3 present.
Issues are already framed on 25.11.2019.
Matter is adjd. to 17.06.2020 for list of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
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: RECORDING EVIDENCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv. K. M. Bhatiya for the plaintiff.
Adv. Mr. Neha Tikam h/f Adv. Kapse for the defendant No.1.
On oral request of the ld. Advocate for the plaintiff, matter is adjd. to 26/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: AdvMs Bhatia present for the plaintiff.
Adv Chandramore present for the corporation.
Ld advocate for the plaintiff seeks time.
Matter is adjd. to 03.01.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for the plaintiff.
Adv.Chandramore for defendant no.3/BMC present.
Adv Priyanka Gaonkar H/f advocate Kapse for defendant nos.1 and 2 present.
As Court is busy in Recording Evidence in SU 1274/13 HHCTB matter and Judgment in SU 732/16.
Matter is adjd. to 06.05.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: None present for plaintiff.
Adv. Kapse present for defendant 01 and 02.
Adv. Chandramore present for defendant/MCGM.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 04/07/22.
Next Purpose: DISMISSAL
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv Rajabali present for plaintiff and sought adjournment.
Adv Priyanka Gaonkar h/f Adv Kapse present for defendant no. 01 & 02.
None present for other defendants.
Matter adjourned for RE/dismissal order to 29.07.2022.
LO at 12.02 pm
Adv Chandramore present for defendants/BMC.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Rajabally present for plaintiff and tendered affidavit of evidence of pw no. 01 Hussain ali Hussain Merchant t.o.r marked as Ex. 07..
He also tendered compilation of documents t.o.r marked as exh. 08.
Adv. Chandramore present for defendant/MCGM.
Plaintiff in person present.
Matter adjourned for service and admission and denial to 25/08/22.
Next Purpose: SERVICE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. K. M. Bhatiya hf adv. rajabally present for plaintiff.
Adv. Kapse present for defendant no. 01 and 02 and he filed say on admission and denial on Exh. 08 itself.
None present for other defendant 03.
Matter adjourned for hearing on admissibility of documents to 30/09/22.
Next Purpose: HEARING
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Amin patel hf adv. Rajabally present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
Matter adjourned for hearing on admissibility of documents to 20/10/22.
Next Purpose: HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: As P.O. is on half day leave, Matter adjourned to
Next Purpose: HEARING
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. rajabally present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Kudalkar present for the defendant no. 01 and 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 admissibilty of documents is passed below list Exh. 08.
Order- Perused the affidavit in lieu of examination in chief of pw no. 01 Hussainali Mohamed Husain Merchant at Exh. 07, list of document at Exh. 08 and documents filed therewith.
1) The document at sr. no. 01 is the original death certificate of Mohamed Hussain Kasamali Merchant, issued by Vasai Virar City Municipal Corporation, A Public Authority. Hence, document at sr. no. 01 is admitted and marked as Exh. 09.
2) The document at sr. no. 02 is the copy of english translations of document at sr. no. 01. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 02 is marked as Article- P-1.
3) The document at sr. no. 03 is the original Nikahnama. Pw 01 is not the author of same and he has not adduced proper evidence in respect of same. Hence, document at sr. no. 03 is marked as Article- P-2.
4)The document at sr. no. 04 is the copy of english translations of document at sr. no. 03. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 04 is marked as Article- P-3.
5) The document at sr. no. 05 is the original Talaknama/Divorce. Pw no 01 is not the author of same and he has not adduced proper evidence in respect of same. Hence, document at sr. no. 05 is marked as Article- P-4.
6) The document at sr. no. 06 is the copy of english translations of document at sr. no. 05. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 06 is marked as Article- P-5.
7) The document at sr. no. 07 is the original certificate issued by police station office Dongri Police station in discharge of his public function. Hence, document at sr. no. 07 is marked as Exh. 10.
8) The document at sr. no. 08 is the copy of english translations of document at sr. no. 07. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 08 is marked as Article- P-6.
9) The document at sr. no.09 is the photocopy of certificate issued by Sr. P.I. Crime Branch Mumbai. Being photocopy it is not admissible. Hence, document at sr. no. 09 is marked as Article P-7.
10) The document at sr. no. 10 is the copy of english translations of document at sr. no. 09. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 08 is marked as Article- P-8.
11) The document at sr. no.11 is the photocopy of letter issued by Sr. P.I. Crime Branch Mumbai. Being photocopy it is not admissible. Hence, document at sr. no. 11 is marked as Article P-9.
12) The document at sr. no. 12 is the copy of english translations of document at sr. no. 11. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 12 is marked as Article- P-10.
13) The document at sr. no.13 is the photocopy of certificate issued by Sr. P.I. Dongri Police Station, Mumbai. Being photocopy it is not admissible. Hence, document at sr. no. 13 is marked as Article P-11.
14) The document at sr. no. 14 is the original final certificate issued by Sr. P.I. Crime Branch Mumbai in discharge of its public function. Hence, document at sr. no. 14 is marked as Exh. 11.
15) The document at sr. no. 15 is the copy of english translations of document at sr. no. 14. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 15 is marked as Article- P-12.
16) The document at sr. no. 16 is the certified copy of miscellaneous application no. 04/2010 and is is a public document. Hence, document at sr. no. 16 is marked as Exh. 12.
17) The document at sr. no. 17 is the copy of english translations of order in document at sr. no. 16. It is not signed by anybody. Pw no 01 has not adduced proper evidence in respect of same. Hence, document at sr. no. 17 is marked as Article- P-13.
18) The document at sr. no. 18 is the original newspaper page having notice about the missing person. Pw no 01 has adduced proper evidence in respect of above documents. Hence, document at sr. no. 18 is marked as Exh. 13.
Matter adjourned for cross-examination pw no. 01 to 16/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. K. M. Bhatiya present for plaintiff and sought adjournment.
Adv. Priyanka gavkar hf. Adv. Kapse present for deff. no. 01 and 02.
Adv. Chandramore present for defendant 03/MCGM.
Matter adjourned for cross-examination of pw 01 to 11/01/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Bhatiya present for plaintiff.
Adv. Chandramore present for defendant no. 03/MCGM.
Adv. Kapse present for defendant no. 01 and 02/STATE.
Cross-examination by advocate for defendant no. 01 and 02 and advocate for defendant no. 03 of pw 01 is recorded and completed at Exh. 07.
Adv. Bhatiya and tendered evidence closing pursis of plaintiff t.o.r marked as Exh. 14.
Adv. For defendants submitted that, defendant no. 01 and 02 and defendant no. 03 do not want to lead evidence.
Heard final arguments of ld. Advocate for plaintiff and ld. Advocate for defendants.
F.R.S.R. Judgment is delivered and following order is passed.
ORDER
1) Suit is partly decreed with proportionate costs.
2) It is hereby declared that, Mumtaz Mohamed Hussain Merchant 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: 11-01-2023