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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Avantika Dharma JadhavVsAssistant Commissioner of Municipal Corporation +1 more

CNR MHCC0100616020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 23rd September 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102669/2019
Registration Date
07 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-12-2019
    Business: Adv.Tamanna Bafna  for plaintiff is  present.
    She tendered affidavit of service. TOR
    Adv. Chandramore for defendant no. 1 is present.
    Adv. Kapse for defendant no. 2 is  present.
    Matter adj for  WS of defendant  on 03/01/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Tamanna Bafna for Plaintiff is present.
    Adv. Kudalkar for defendant no.2 is present. He tendered WS. tor. copy be served on plaintiff
    Adv.Divate for defendant no.1 is present.
    Matter is adjd.  for service of WS to plaintiff to 10/02/2020 .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. C.G. Bafna for plaintiff is present.
    Adv. Kapse for defendant no.2  is present.
    Adv. Chandramore for defendant no.1  is present.
    Defendant no. 1 failed to file WS. Therefore, No WS order is passed against defendant no. 1
    Matter is adjd.  for paper publication  to 31/03/2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv. Ms. Shaista Thakur  h/f Adv. C.G. Bafna for the plaintiff.
    Adv. Chandramore for the defendant No.1.
    Application for production of paper publication. t.o.r.
    Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai.
    Matter is adjd. to 20/04/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to COVID-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: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Due to SOP only urgent matters are taken up
    Matter is adjd. to 24.03.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. C.G.Bafana for plaintiff present.
    Matter is adjd. to 20-06-2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. C.G. Bafna for plaintiff present and filed application for Ex-Parte order against defendant no. 1. TOR and marked as Exh.6
    Adv. Chandramore for BMC present.
    Matter is adjd.to 28-07-2022  for  argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. C.G. Bafna for plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    Adv. Priyanka Gaonkar h/f Adv. Kapse for deft no.2/State present.
    Issues framed - at Exh.7
    Matter is adjd. to 14.09.022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Plaintiff and Adv. C. G. Bafna present and he is going to file evidence and requested to keep back the matter
    Adv. Chandramore for defendant no./BMC present.
    KB
    LO at 2.48 pm
    Adv. C.G. for plaintiff present and filed affidavit of evidence Exh.8  and documents -Exh.9.
    Following documents are marked below Exh.9
    Sr. No. 1 - Page No.1- Plaintiff\''s Aadhar Card and Page No.2 Pan card - Exh.10 Colly.
    Sr. No.2 - Ration Card of Plaintiff - Exh.11.
    Sr. No.3 - Electric bill of Missing person in support of his stay proof - Exh.12.
    Sr. no. 5 - Marriage Certificate - Exh.13.
    Sr.No. 7 - Temporary Certificate dated 12.03.2008 Crime Branch, Mumbai - Exh.14.
    Sr.No. 8 - Permanent Certificate dated 27.12.2013 Crime Branch Mumbai - Exh.15.
    Sr.No.10 - Office Copy of Legal Notice dated - 27.11.2018- Exh.16
    Sr.No. 11 - Postal slips - Exh.17 Colly.
    Cross-examination of PW-1, Smt. Avantika Jadhav by Adv.Chandramore for defendant no.1/BMC present and Kapse for Deft.no. commenced and completed.
    Plaintiff filed evidence closed pursis. Exh.18.
    Plaintiff advocate filed application for return of Original Documents filed by the Plaintiff. TOR. It is marked as - Exh.19
    Defendant nos. 1 and 2 not leading any oral evidence hence evidence of Deft.nos. 1 and 2 is closed.
    Matter is adjd. to 23.09.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv.  C.G. Bafna for plaintiff present.
    Adv. Kapse for defendant no.2/state present.
    Heard the argument of Advocates.
    Judgment-Exh 20
    F.R.S.R. the following order is passed.
    Order
    1.The  suit is hereby decreed.
    2.It is hereby declared that the husband of plaintiff i.e. Dharma Daji Jadhav is not being heard of for more than last seven years and he is Civil Dead.
    3.The defendants are directed to register the death of husband of plaintiff i.e. Dharma Daji Jadhav and issue death certificate accordingly.
    4.No order as to costs of the suit.
    5.Decree be drawn accordingly.
    6.The suit stands disposed of accordingly.
    Order on Application - Exh.19 - Documents return as per rule.
    Nature Of Disposal: DECREED
    Disposal Date: 23-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106624/2019
    Filing Date: 19-06-2019
    First Hearing Date: 03rd December 2019
    Decision Date: 23rd September 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Sept 2022

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 19.06.2019 Registered on : 07.10.2019 Decided on : 23.09.2022 Duration : 03Y 03M 04D EXHIBIT-20 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY S. C. CIVIL SUIT NO. 2669 OF 2019 ( CNR No.MH-CC-01-00660-2019) 1. SMT. AVANTIKA DHARMA JADHAV ] Aged 59 years, Occupation: Housewife ] Residing at 5-1/2, Bhim Nagar, ] Rahivashi Sangh, Jerbai Wadia Road, ] Bhoiwada, Parel, Mumbai-400 012. ] Mobile No.9769367183, Email:- Nil. ].. plaintiff.…

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