Suvarna Kerba Kesarkar +2 moreVsState of Maharashtra

Date: 27-07-2018
Business: Matter adj. to 23/10/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2018

Date: 23-10-2018
Business: As court is busy in hearing Arguments in SU No. 8607/92.
Hence, board is discharged.
Matter adj. to 17/01/2019 for Service
Next Purpose: SERVICE
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Adv. Prashant Nakati present for plaintiff and seeks time to effect service of writ of summons upon the defendants. O- On his request, time extended till next date.
Adjd. to 15.04.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: None present for plaintiff.
Adv. Shukla h/f Adv. Martina Sapkal for defendant present.
Adjourned for service to 16.07.2019.
Next Purpose: SERVICE
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: None present  for the Plaintiff.
Adv. Priyanka Gaonkar for Defendant present.
The Defendant has failed to file WS.
Matter is adjd. to 2.11.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: The Court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: None for Plaintiff .
Adv. Shukla h/f Adv. Martina Sakpal  for defendant no.1 is present.
He filed WS of defendant. TOR
Matter is adjd.  for  framing issues to 24/01/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None for Plaintiff.
Adv.Shukla h/f Adv. Martina Sakpal for defendant is present.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Issues are framed.
Matter is adjd.  for evidence of plaintiff  to  21/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2020

Date: 13-10-2020
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: 27-11-2020

Date: 27-11-2020
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: 15-02-2021

Date: 15-02-2021
Business: None for plaintiff.
Adv. Mr. Kapse for the defendant.
Matter is adjd. to 29/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None present for the plaintiff.
Adv Priyanka Gaonkar present for the defendant.
Matter is adjd. to 23.12.2021 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: As Court is busy in hearing arguments in other matter on board. Hence, board is discharged.
Matter is adjd. to 17.02.2022 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present for both the sides.
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 the parties.
Matter is adjd. to 08-07-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for Plaintiff.
Adv. Kudalkar h/f Adv. Martina Sakpal for State present.
Perusing record it appears that matter is listed for recording of evidence since 21/02/2020 but plaintiff not leading evidence.Plaintiff absent since long. It appears that he does not want to proceed with this suit. Hence suit is fixed for dismissal order.
Matter is adjd.to  30-07-2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Court is on leave, Hence matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Khandesh Bagate for plaintiff present and filed VP. TOR. Exh.5
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant present.
KB
As Court is busy in dictating order in Stamp No. 11395/21 and NM No.1766/20 in suit 3053/2013, Hence board is discharged.
Matter is adjd. to 06.10.2022 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Court is busy in hearing argument in High Court Time Bound matter Suit No. 833/2015.
Hence, Board is discharged.
Matter is adjd. to 20.10.2022 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Adv. Raj Gupta h/f Adv. Vinayk Phadake for plaintiff present and filed application marked at Exh. 06 for removal of dismissal caption and he filed draft ch/s alongwith affidavit in support. TOR. O - Leave is granted to register ch/s. Copy served to state/Deft.
Advocate Mr. Kapse for the State/defendant present.
Matter is adjourned to 13.01.2023 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: As Court is busy in dictating orders in draft NM in Suit No. 1552/21 and in Suit No. 1688/10 hence, the board is discharged.
Matter is adjourned to 09.03.2023 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: As Court is busy in dictating order in Notice of Motion No. 3878/2019 in Suit No. 4376/2011 and Exh.98 in Suit No. 2010/2010. Hence, board is discharged.
Matter is adjourned to 17.04.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Khandesh Bagate for plaintiff present and tendered registered Chamber Summons No. 2212/22 alongwith affidavit in support.
As Court is busy in hearing in Notice of Motion No. 2117/22 in Ex.App No. 146/2021, Notice of Motion No. 2118/22 in Ex.App No. 147/21, NM Nos. 520/22 and 3158/21 in Suit No. 2303/21. Hence, Board is discharged.
Matter is adjourned to 03.07.2023 for Chamber Summons Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Mr. Sandesh Bagate for the plaintiff is present.
Adv. Mr. Darshan Jain h/f Adv. Martina for the defendant No.1/State is present and seeks time to file reply on Ch/s. Time is granted.
Adjourned for Ch/s reply to 12.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv. Mr. Bagate for the plaintiff is present.
None present for the defendant.
The following Order is passed on Ch/s No. 2212/2022:
	Plaintiff has taken out this Chamber Summons for adding the Municipal Corporation of Gr. Mumbai as defendant No. 2 and for consequential amendment. Application is supported with affidavit. Heard ld. advocate for the plaintiff. Considering the submissions it would be just and proper to allow Chamber Summons as prayed. In the result, the following Order is passed:
ORDER
1.	Chamber Summons No. 2212/2022 is allowed.
2.	Plaintiff to carry out necessary amendment and to supply 	copy of amended plaint on record within 14 days.
3.	Chamber Summons No. 2212/2022 stands disposed off.
Matter is adjourned to 27.07.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: None present for both the sides.
Matter is adjourned to 17.08.2023 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: None present for the plaintiff.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Defendant No. 2 failed to file WS within stipulated time. Hence, suit to proceed without WS of defendant No. 2.
It appears from roznama that already issues are framed.
Matter is adjourned to 15.09.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Plaintiff Nos. 1 and 3 are present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at  12:51 pm.
Adv. Mr. Khanesh Bagate for the plaintiff is present.
Adv. Ms. Martina Sakpal for defendant No.1/State is present.
Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 07. O-R&R. He also filed list of documents. TOR. It is marked at Exh. 08. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Advocate for defendant Nos. 1 and 2 endorsed say on list of documents at exhibit 08.
Perused say filed by defendants on list of documents at exhibit 08. Heard both the sides on admission and denial. Following documents are marked at exhibits:
Original Certificate dtd. 16.07.2007. It is marked at Exh. 09.
Electricity Bill. It is marked at Exh. 10.
Ration Card. It is marked at Exh. 11.
Office Copy of dtd. 27.03.2018. It is marked at Exh. 12.
PW-1 Smt. Suvarna Kerba Kesarkar is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocate for defendant Nos. 1 and 2.
Adv. for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh. 13. O-R&R.
Adv. for defendant Nos. 1 and 2 submitted that they do not want to led evidence. Hence, evidence of defendant Nos. 1 and 2 is closed.
Heard final arguments of both the sides on merits of the suit.
Adjourned for judgment to 25.09.2023.
Next Purpose: JUDGMENT
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None present for plaintiff.
Adv. Ms. Priyanka Gaonkar h/f Adv.Martina Sakpal the defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at  03:00 pm.
The judgment dictated and pronounced in open Court. The judgment is marked at Exh. 14.
F.R.S.R. the following Order is passed in SU No. 1655/2018:
- O R D E R -
1.	The  suit is hereby decreed.
2.	It is hereby declared that the husband of the plaintiff No. 1 Mr. Kerba Gangaram Kesarkar 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 Mr. Kerba Gangaram Kesarkar and 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: 25-09-2023

CHAMBER SUMMONS/102212/2022

Registration Number: 101655/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 108711/2018
Filing Date: 02-07-2018
First Hearing Date: 27th July 2018
Decision Date: 25th September 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE