Mr. Mohan Maruti TapaseVsAnjana Maruti Tapase +5 more

Date: 06-09-2018
Business: Advocate for plaintiff present and filed writ of summons.
Advocate Mr. Kumawat for deft./MMC present.
Adjourned for filing W.S. to 29.10.2018.
                                                                           Judge
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: None present for plaintiff.
Advocate Mr. Sutar for deft./MMC present.
None present for other defendants.
Defendant failed to file W.S. Hence, suit to proceed without W.S. of defendant.
Adjourned for filing evidence of plaintiff to 18.01.2019.
                                                                           Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Advocate for plaintiff present and requested short adjournment.
Advocate Mr. Sutar for deft./MMC present.
None present for other defendants.
Adjourned for filing evidence of plaintiff to 22.02.2019.
                                                                           Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Advocate for plaintiff present and filed affidavit of examination in chief of Mr. Mohan Maruti Tapase at Exh. 3 along with compilation of documents at Exh. 4.  Copy is served.
Advocate Mr. Sutar for deft./MMC present.
Adv. for defendant no. 1 present.
Adjourned for hearing on compilation / RE to 22.4.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Advocate for plaintiff present.
Advocate Mr. R. D. Thorat for defendant no. 1 to 4 is present and filed draft ch/s and draft NM. Leave is granted to register. Copy serve to other side.
Advocate Mr. Sutar for deft./MMC present.
Adjourned for reply to ch/s and NM/R.E. to 08.07.2019.
                                                                           Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Advocate Ms. Vaibhavi Pawar for plaintiff present.
Advocate Mr. Sutar for defendant/BMC present.
Advocate Mr. Rahul Thorat for defendant no. 1 to 4 present and filed registered C/S No. 1038/19 and registered NM No. 1892/19.
Heard arguments on both the sides on C/S No. 1038/19 and NM No. 1892/19.
F.R.S.R. the following order is passed on NM No. 1892/19
                                           ORDER
1. NM No. 1892/19 is hereby allowed.
2. No say and no W.S. order against the defendant nos. 1 to 4 is
    hereby set aside subject to costs of Rs. 1000/-
3. The defendant nos. 1 to 4 shall deposit cost amount Rs. 1000/-
    to the DLSA, Mumbai.
4. NM No. 1892/19 is disposed off accordingly.
F.R.S.R. the following order is passed on C/S No. 1038/19
                                           ORDER
1. C/S No. 1038/19 is hereby allowed as prayed for.
2. The plaintiff and his advocate are hereby directed to record the
    name of respondent Smt. Vandana Suresh Tapase as defendant
    no. 7 by making amendment in the plaint within stipulated
    period.
3. C/S. No. 1038/19 is disposed off accordingly.
Adjourned for compliance to 31.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Sutar for defendant/BMC present.
Advocate for defendant nos. 1 to 4 present.
Written statement of defendant no.1 to 4 is already on record, now it is marked at Exh - 05.
Adjourned for draft issues to 04.11.2019.
                                                                           Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: None present for plaintiff
Advocate Mr. Kumawat for defendant/BMC is present
Adjourned for draft issues to 15.01.2020.
                                                                               Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Advocate for plaintiff present.
Advocate for defendant no.1 to 4 present.
Advocate Vyavahare for defendant no.5/BMC present.
Advocate for defendant no.6 and 7 failed to appear in the matter.  However no orders are passed against them.  In order to avoid technical lacunas on record, today order of exparte is passed against def. 6 and 7. No WS order is against def. no. 5 is already passed on 29/10/2018.
Adjourned for Draft Issues to 02/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: As court is on leave.Matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for draft issues to 14/06/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to covid-19 matter is adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv. absent for plaintiff.
Adv Soraan @ adv. Diwate present  for MCGM/defendant.
Issues are framed at Exh. 06
Matter adjourned for RE to. 07/10/21.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Vaibhavi Pawar present for plaintiff.
Adv. Bibhishan Sutar present for MCGM/defendant no. 05 and filed say on documents.t.or. marked as Exh....
Adv. Sawant for defendant no. 01 to 04 present.
Matter adjourned for Hearing to. 16/11/21.
Next Purpose: HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None present  for plaintiff.
Adv.Vidya Vyavahare  @ adv. sutar present  for MCGM/defendant.
adv. mishra for d-07 and  and sought adjournment for hearing on admissibility of documents.
Matter adjourned for hearing on admisibility of documents to. 04/01/22.
Next Purpose: HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plaintiff..
Adv. Sutar present  for MCGM/defendant no. 05.
Adv. Rahul Thorat present for defendant no. 01 to 04.
None present for defendant no. 06.
As plaintiff and his adv. absent, Matter adjourned for order on admissibility of documents to. 03/02/2022.
Next Purpose: ORDER
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: ORDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: As Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: As court is busy in order dictating and urgent hearing in HCTM matters. Hence, for want of time  board discharged.
Next Purpose: ORDER
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Matter is adjd for RE on 11-10-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Plaintiff is present.
Adv Darshan Jain I/b Adv Kudalkar for Plaintiff present.
Adv Remedies for deft no.2 present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant 5 present.
KB. L.O.
Adv Kudalkar for Plaintiff present.
Adv Remedies for deft no.2 present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant 5 present.
Heard arguments of adv for Plaintiff and adv for deft on admissibility of documents.
Order on admissibility of document.
ORDER
All the documents produced by the Plaintiff and their contents are denied by deft no. 1 to 4. The deft /corporation has admitted the document at page 31 i.e. serial no. 7. Other documents are denied by them.
Heard.
Document at serial no. 1 Copy of the agreement of settlement and releasing rights over suit premises this is original document. plaintiff  is not author of this document but he is one of the witness to this document having his signature on the same. The document seems to be the relinquishment did but not register one. Hence exhibit mark is given for identification purpose only. So it is marked at Exh.7
Document at serial no. 2 Copy of ration card. It is xerox copy not admissible in evidence. Hence it is not exhibited.
Document at serial no. 3 Copy of telephone bill issued by the concerned department. It is original and public document. Being admissible in evidence, It is marked at Exh.8
Document at serial no. 4 Copy of death certificate of Mr Suresh Maruti Tapase. It is xerox copy not admissible in evidence. Hence it is not exhibited.
Document at serial no. 5 Copy of the election card in the name of the plaintiff. It is original and public document. Being admissible in evidence, It is marked at Exh.9
Document at serial no. 6 Copy of the Agreement. It is xerox copy not admissible in evidence. Hence it is not exhibited.
Document at serial no. 7 Copy of death certificate of mother.  It is original and public document. Being admissible in evidence, It is marked at Exh.10
Document at serial no. 8 Copy of the letter dated 16th January, 2016. It is office copy bearing original acknowledgement given by deft /Corporation. The document have reference in the evidence of Plaintiff. Hence it is marked at Exh.11. colly.
Document at serial no. 9 Copy of Advocate letter dated 27th April, 2018.
It is office copy of the notice. It is admissible in evidence. The document have reference in the evidence of Plaintiff. Hence it is marked at Exh.12
Matter is adjd for cross examination of PW.1 on 15-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv Vaibhavi Pawar h/f Kudalkar for Plaintiff present.
Plaintiff is present.
Adv Rahul Thorat for deft no.1 to 4 present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant no.5  present.
On oral request made by advocate for deft no. 1 to 4  short adjournment is granted.
Matter is adjd for RE on 21-02-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As court is on leave. Hence matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Rahul Thorat for defendant Nos.1 to 4 present
Adv. Vyavhare for defenant No.5 present.
P.W.-1 is present.
K.B.
L.O. at 12.00 noon.
Same appearance.
P.W.-1 is on oath.
Cross-Examination by Adv. Mr. Rahul Thorat for defendant Nos.1 to 4 and Adv. Vvavhare for defendant No.5  recorded and completed.
After considering the submissions of ld. Adv. for the plaintiff and ld. Adv. for defendant Nos.1 to 4 copy of agreement at serial No.6 below Exh.4 is exhibited as Exh.13 subject to objection.
Matter is adjd. to 27/06/2023 for R/E P/H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Plaintiff present.
Adv. Shruti Chavan h/f Adv. Thorat for D-1 to D-4 present.
Adv. Ms. Vyavahare for MCGM present.
Exh. 13 - Ld. Adv. For plaintiff has filed application for issuing witness summons.  TOR and marked at Exh. 13.
Order on Exh. 13
Application for issuing summons to the witnesses is allowed subject to payment/deposit necessary allowances. Issue summons to the witnesses after deposit of witness allowances.
Matter is adjd to 18.07.2023 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Kudalkar for Plaintiff present.
Adv. Remedies h/f Adv. R. D. Thorat for D-1 to D-3 present.
Adv. Ms. Vyavahare for MCGM present.
Ld. Adv. For plaintiff has filed affidavit of evidence of Sharad Janardan Gaikwad. TOR and marked at Exh. 14. Copy served to other side. O- R and R.
He has also filed application for permission to examine witness No. 2. TOR and marked at Exh.15.
Matter is adjd  to 22.08.2023 for evidence (PH)./order on Exh. 15.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Pathak h/f Adv. Kudalkar for Plaintiff present.
Adv. Rahul Thorat for D-1 to D-4 present.
Adv. Ms. Vyavahare for MCGM/D-5 present.
None for D-6 and D-7.
Order on Exh. 15 - Allowed.
PW No. 1. Sharad Janardan Gaikwad present.
Cross examination of PW No.1 is commenced and completed.
The Ld. Adv. for the D-1 to D-4 has submitted that he has no objection for exhibiting the copy of death certificate of Suresh M. Tapase which is filed at Sr. no. 4 below Exh. 4. Hence, it is marked at Exh. 16. O- R and R.
Matter is adjd  to 12.09.2023 for further evidence of plaintiff/ evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Plaintiff present.
Adv. Shruti Chavan h/f Adv. R. D. Thorat D-1 to D-3 present.
Adv. Ms. Vyavahare for MCG/D-5M present.
Ld. Adv. for plaintiff filed application for issuance of witness summons.  Tor and marked at Exh. 17.  O- Allowed, issue witness summons, as prayed subject to payment/deposit of necessary allowances as per the rule.
Matter is adjd  to 31.10.2023 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv. Darshan Jain h/f Adv. Kudalkar for Plaintiff present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Adv. Shruti Chavan h/f Ad.v D. A. Thorat for D-1 to D-4 present.
On the request of the Ld. Adv. For the plaintiff time is extended for issuing witness summons as per Exh. 17.
Matter is adjd  to  12.12.2023 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Plaintiff.
Adv. Mishra h/f Adv. D.A. Thorat for Deft Nos.1 to 4 present.
Adv. Vyavhare for MCGM/Deft No.5 present.
It is brought in to the notice that in the roznama dt. 22.08.2023, witness Sharad Janardhan Gaikwad is wrongly recorded as PW-1 instead of PW-2.  Hence, necessary correction be made by correcting the said witness as PW-2.
Adv. for plaintiff filed an application for issuing witness summons. t.o.r. Marked Exh.18.
Say filed by the Adv. for Deft Nos.1 to 4.
Order on Exh.18
Considering the submissions of both sides, it reveals that earlier application Exh.17 on the same ground is already allowed.  At present, in this application, the plaintiff has contended that the office of the Rationing Authority is shifted to first floor from the ground floor to whom witness summons was issued. Therefore, considering these circumstances, application (Exh.18) is allowed.  Issue witness summons, as prayed subject to necessary allowances.
Matter is adjd to 30.01.2024 for evidence (PH)/compliance.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Adv. Vaibhavi Pawar h/f Adv. Suraj Kudalkar for Plaintiff present.
Adv. R. D. Thorat for D-1 to D-4 present.
Adv. Vyavahare for D-5/BMC present.
None for D- 6 and 7.
Mr. Laxman Shankar Patil, Asst. Rationing officer present and he has produced copy of cancellation order of the ration card along with an application/report which is taken on record and marked at Exh. 19.
Witness has produced extract of reference register towards cancellation of the ration card No. 368901 which also bears the signature of the concerned official. Hence, copy of extract of reference register is marked at Exh. 20 subject to objection taken by the Ld. Adv. for D-1 to D-4.
Matter is adjd  to  27.02.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Suraj Kudalkar for Plaintiff present.
Adv. Anjali Mishra h/f Adv. R. D. Thorat for D-1 to D-4 present.
Adv. Vyavahare for d-5/BMC present.
Ld. Adv. for plaintiff has filed evidence closure pursis. Taken on record and marked at Exh.21. O- R and R.
Matter is adjd to 28.03.2024 for evidence of D-1 to D-4(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Adv. Suraj Kudalkar for Plaintiff present.
Adv. Shruti Chavan h/f Adv. R. D. Thorat for D-1 to D-4 present.
Adv. Ms. Rawade for MCGM/D-5 present.
On oral request of Ld. Adv. For D-1 to D-4 matter is adjourned.
Matter is adjd  to 30.04.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkra for Plaintiff present.
Adv. Patel h/f Adv. D. A. Thorat for D-1 to D-4 present.
Adv. Vyavahare for defendant/BMC present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 25.06.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Shaikh h/f Adv. Kudalkar for Plaintiff present.
Adv. Patel h/f Adv. D. A. Thorat for D-1 to D-4 present.
Adv. Sachin Vajale for defendant/BMC present.
On oral request of Ld. Adv. For defendant no. 1 to 4 matter is adjourned.
Matter is adjd  to 30.07.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Suraj Kudalkar for Plaintiff present.
Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-1 to D-4 present.
Adv. Sachin Vajale for defendant no. 5/BMC present.
On oral request of Ld. Adv. For defendant no. 1 to 4 matter is adjourned as last chance.
Matter is adjd  to 03.09.2024 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Adv. Dhotre h/f Adv. Suraj Kudalkar for Plaintiff present.
Adv. Sachin Vajale for defendant no. 5/BMC present.
None for D-1 to D-4.
     Inspite granting last chance on earlier date neither D-1 to D-4 nor their advocate turned up. Hence, matter be kept for passing evidence closing order against D-1 to D-4.
Matter is adjd to 12.09.2024 for passing evidence closing order /evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: P O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Ms. Shaikh h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Adv. Jitendra Patel h/f Adv. D. A. Thorat for D-1 to D-4 present and filed an application for withdrawal of appearance along with copy of correspondence, postal receipts and returned envelops, on behalf of D-1 to D-4. Taken on record and marked at Exh.22.
Order on Exh. 22
      The application is supported by a copy of correspondence and postal receipts along with envelops and acknowledgment. It reveals that registered envelop of defendant no. 2 to 4 returned back with an endorsement that no such person found on the given address whereas, letter issued to the defendant no. 1 by RPAD has been served of which acknowledgment is filed on record. However, nobody turned up. Hence, permission granted to withdraw the appearance for and on behalf of defendant no. 1 to 4, as prayed.
      Issue fresh court motion notice to the defendant no. 1 to 4 through court bailiff as to why the suit should not be proceeded further in view of their absence.
Matter is adjd  to 14.01.2025 for report of notice/evidence (PH).
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Plaintiff present. His advocate is absent.
D-1, D-2 and D-4 present and asking for short time to engage new advocate. It is granted.
Adv. Chaitanya Dalvi for Defendant No. 5/MCGM present.
D-6, D-7 absent.
Matter is adjd  to 11.03.2025 for passing no evidence order against D-1 to D-4(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Adv. Ms. Dhotre h/f Adv. Suraj Kudalkar for plaintiff present.
Bailiff report of court motion notice received. It is taken on record and marked at Exh.23.
Adv. Nitin Kasbe along with D-1 present and filed vakalatnama on behalf of D-1. It is taken on record and marked at Exh.24. O- Seen and filed.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 29.04.2025 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: None for Plaintiff.
Adv. Nitin Kasbe for D-1 present.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 08.07.2025 for evidence.
Later on at 12.15 p.m. Adv. Ms. Shaikh h/f Adv. Suraj Kudalkar for plaintiff present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: Adv. Ms. Shaikh h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Adv. Ashwini Bhalerao h/f Adv. Aakash for D-1 present filed affidavit of evidence of Defendant No. 1 Anjana Tapse. TOR and marked at Exh. 25. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.26. Copy served to other side. O- Other side to say.
Matter is adjd  to 19.08.2025 for say on Exh. 26/evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: Adv. Uma Jadhav h/f Suraj Kudalkar for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Due to heavy rain and in view of the circular of Hon’ble PJ the board is discharged.
Matter is adjd  to  23-09-2025  for recording evidence (ph)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: Adv. Vaibhavi Pawar h/f Adv. Suraj Kudalkar for plaintiff present and filed say on overleaf of the Exh. 26. Taken on record.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Aditi Chanwani h/f Adv. Akash Warang for D-1 present and requested for short adjournment. It is granted.
Matter is adjd  to 28.10.2025 for evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: Adv. Vaibhavi Pawar h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Sachin Vajale for defendant No.5/BMC present.
D-1 to D-3 present.
Considering the submissions of both sides following documents below the List Exh. 26 are exhibited as under -
Exh. 27 - Original Ration card
Exh. 28 - Original electricity bill
Matter is adjd to 16.12.2025 for evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: The P.O. is on leave hence, matter adj. to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: Adv. Darshan Jain h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Akshay Warang for D-1 present and requested for short adjournment. It is granted.
DW No.1 absent.
Adv. Sangita Honmane for defendant No.5/BMC present.
Matter is adjd to 17.02.2026 for cross examination of Def. No. 1.(ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: Adv. Ms. Dhotre h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Nitin Kasbe a/w Adv. Akash Warang for D-1 present.
Adv. Sangita Honmane for defendant No. 5/MCGM present.
keep back.
Later on at 12.15 p.m. Defendant No. 1 present.
     When the matter is called for starting cross examination on behalf of plaintiff it is submitted that advocate on record Suraj Kudalkar is now busy in cross examination of one another matter. In view of this one short adjournment is granted.
Matter is adjd  to 17.03.2026 for evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Adv. Suraj Kudalkar along with plaintiff present.
Adv. Akash Warang for D-1 present.
Adv. Sangita Honmane for defendant/MCGM present.
Matter is adjd  to 28.04.2026 for evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: The P. O. is on leave. Hence matter is adj to
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-06-2026

Date: 30-06-2026
Business: Adv. Darshan Jain a/w Adv. Suraj Kudalkar for plaintiff present.
Adv. Akash Warang a/w Adv. Nitin Kasbe for D-1 present.
Adv. Sangita Honmane for defendant/MCGM present.
Defendant No. 1 present.
Today, I have heard both the sides on admission and denial of documents filed on record on behalf of defendant at Exh. 26. Already exhibit number has been given to document enlisted at Sr. No. 1 and 2 (i.e. Exhibit Number 27 and 28). Defendants have also placed reliance on remaining document filed on record along with List of documents (Exh. 26). Therefore, as per mandate given under proviso of Sub Clause 1 of Rule 4 of Order 18 of C.P.C., it is expedient to pass order on admissibility of rest of the documents also. The  document enlisted at Sr. No. 3 to 7 which consists original gas bill of suit premises, original maintenance bill of other premises  which shows the plaintiffs name, original electricity bill of other premises standing in the name of plaintiff, original fee receipt dated 01.07.2003 and 18.08.2003 of plaintiffs children and photocopy of affidavit of Sonabai Tukaram Kurne
In fact, all these documents are not fact in issue in present proceeding. Therefore, considering the nature of document there is no legal impediment to given exhibit numbers to documents enlisted at Sr. No. 3 to 7 for identification purpose. Hence, exhibit numbers be given to following documents -
Exh. 29 - Original gas bill of suit premises
Exh. 30 - Original maintenance bill of other premises  which shows the plaintiffs name.
Exh. 31 - Original electricity bill of other premises standing in the name of plaintiff
Exh. 32 - Original fee receipt dated 01.07.2003 and 18.08.2003 of plaintiffs children
Exh.  33 - Photocopy of affidavit of Sonabai Tukaram Kurne.
By way  of abandon caution it is clarified that giving exhibit number is administrative work of court. If any dispute arises about any of the exhibited document then it cannot be admitted in evidence unless it is proved before the court as per the mandate and manner given under the Indian Evidence Act.
Cross examination of Defendant No.1 Anjana Maruti Tapase is partly recorded.
Matter is adjd to 17.07.2026 for evidence (ph.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-07-2026

Date: 17-07-2026
Business: Adv. Dhotre h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Deep Shah i/b Akash Warang for D-1 present and filed an application for adjournment. It is taken on record and marked at Exh.34. O-Granted.
Adv. G. V. Jawale h/f Adv. Sangita Honmane for Defendant/MCGM present.
Matter is adjd  to 10.09.2026 for evidence (ph).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Adv. Darshan Jain h/f Adv. Suraj Kudalkar for plaintiff present.
Adv. Ashwini Bhalerao i/b Adv. Akash Warang for D-1 present.
Adv. Sangita Honmane for defendant/MCGM present.
Matter is adjd to 03.11.2026 for evidence (PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-11-2026

CHAMBER SUMMONS/101038/2019
NOTICE OF MOTION/101892/2019

Registration Number: 101707/2018
Transfer Date: 06-04-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 108541/2018
Filing Date: 29-06-2018
First Hearing Date: 06th September 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE