Date: 22-10-2019
Business: The Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: None for Plaintiff
Matter is adjourned for service to 06/03/2020.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Plaintiff present. Adv. Mr. Nitin Pokharankar for the Plaintiff present and he seeks further time to produce proof of service of writ of summons. Granted.
Matter is adjd. to 25.06.2020 for proof of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: The Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv Nitin Pokharankar present for the plaintiff.
Plaintiff in person present.
None present for the defendant.
Issue writ of summons to defendant no. 1 to 4 through bailiff of sheriff office and issue letter of request to defendant no. 5 and 6.
Matter is adjd. to 31.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 23/06/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Mr. Niting Pokrankar for the plaintiff present.
He requested time for service of summons. O- Time is extended till next date.
Matter is adjd. to 06/10/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Mr.Pokharankar present for the plaintiff.
Adv Mr.Khatib present for the defendant nos.5 and 6
Matter is adjd. to 21.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Pokharankar for plaintiff present. He requests for keeping the matter back.
K.B.
L.O. at 01.40 pm.
Plaintiff present.
Deft. nos.1 and 3 present.
Ld. Adv. for plaintiff submits that he is going to take necessary steps for impleading corporation in the matter and seek necessary relief against the corporation. Hence, he seeks adjournment. Time is granted.
Matter is adjd. to 19.04.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None present for the parties.
Matter is adjd. to 07-07-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Advocate Mr. Santosh Jagtap for the plaintiff present.
Advocate Mr. Kapse for the defendant No.3/State present.
The advocate for the plaintiff filed draft Chamber Summons alongwith affidavit. T.O.R.
ORDER Leave is granted to register Chamber Summons. Reply to other side.
Matter is adjd. to 22.08.2022 for for reply.
Next Purpose: REPLY
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Nitin Pokharankar a/w Adv. Santosh Jagtap for plaintiff present and tendered register ch/s no. 1002/22 alongwith affidavit in support and seeks time for extension of service of ch/s. Time is extended till next date.
As Court is busy in hearing argument in NM Nos. 754/22 and 2767/21 in Suit no. 2013/21 and NM Nos. 2766/21, 942/22 in Suit No. 2014/21. Hence, Board is discharged.
Matter is adjd. to 26.09.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant 6 and 7/state present and seeking time to file reply on next date. Time granted.
LO at 4.10 pm
Adv. Nitin Pokharankar for plaintiff present and filed service affidavit of ch/s no. 1002/22 upon deft.no 1 to 4, 6 and 7.
Matter is adjd. to 05.01.2023 for C/S REPLY.
Next Purpose: C/S REPLY
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant no.7/BMC present and seeking time to file reply. Time granted.
Adv. Priyanka Gaonkar h/f Adv. Kapse for Deft no.6 and 7/State present and seeking time to file reply. Time granted.
Matter is adjourned to 23.02.2023 for chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Nitin Pokhrankar for plaintiff present.
Adv. Chandramore for defendant nos 5 and 6/BMC present.
Matter is adjourned to 11.04.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Nitin Pokhanrankar for plaintiff present.
None present for Defendant.
As Court is busy in dictating order in Chamber Summons No. 388 of 2017 in Suit No. 166/2014. Hence, 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 12.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Mr. Santosh Jagtap for the plaintiff is present.
None present for the defendant.
The following Order is passed on Ch/s No. 1002/2022:
Plaintiff has taken out this Ch/s. for adding the Municipal Corporation of Gr. Mumbai as defendant No. 7 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 Ch/s as prayed. In the result, the following Order is passed:
ORDER
1. Chamber Summons No. 1002/2022 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. 1002/2022 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 08.09.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: None present for the plaintiff.
Adv. Mr. Khatib for defendant Nos. 6 and 7/State is present.
KB LO at 12:41 pm.
Adv. M.r Santosh Jagtap for the plaintiff is present and seeks time for compliance. Time is granted.
Matter is adjourned to 25.09.2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Mr. Santosh Jagtap for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff submitted that he has carried out amendment, but seeks time to supply copy of amendment plaint to the defendant and on record. Time is granted.
Adjourned for further compliance to 26.10.2010.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: None present for the plaintiff.
Adv. Mr. Simantini Vira h/f Adv. Amit Kapse for defendant Nos. 6 and 7/State is present.
Matter is adjourned to 16.12.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: None present for both the sides.
Matter is adjourned to 14.02.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None for the plaintiff is present.
Adv. Mr.Krishna Yadav h/f Adv.Kapse for defendant/State is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
KB LO at 1.37 pm
Adv. Nitin Pokharankar for plaintiff is present.
Adv. for plaintiff filed affidavit of service about supplying copy of amended plaint to the defendant.
It is submitted that amended copy of plaint is supplied to the defendant.
Matter is adjourned to 02.03.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Mr.Nitin Pokharankar a/w Adv. Santosh Jagtap for the plaintiff is present.
Adv.Mr.Amit Kapse for defendant no.5 and 6/State is present.
Adv. for defendant seeks time to file WS.
Matter is adjourned to 04.04.2024 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: None for the plaintiff.
Adv.Vaibhavi Pawar h/f Adv. Kapse for defendant No.5 and 6/State is present.
Adv. Mrs.Chandramore for defendant No.7/BMC is present.
Matter is adjourned to 12.04.2024 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: None for the plaintiff.
Adv.Chandramore for defendant no.1/BMC present.
Adv. Mr.Amit Kapse for defendant no.5 is present.
Adv for defendant no.5 seeks time to file Written Statement.
Matter is adjourned to 15.06.2024 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: dv. Mr.N.M.Pokhanrankar for the plaintiff is present.
Adv. Mr.Amit Kapse for defendant no.5 and 6/State is present.
Adv. Mr.V.G.Shinde for defendant No.7/BMC is present.
WS is not filed by defendant no.5. Hence, suit to proceed without WS against defendant no.5.
Matter is adjourned to 26.07.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Plaintiff is present.
Adv. Mr.Amit Kapse for defendant no.5 and 6/State is present.
Adv. Mr. Rahul Rathod for defendant No.7/BMC is present.
Matter is adjourned to 06.09.2024 for R.E.PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-09-2024
Date: 06-09-2024
Business: None present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Kapse for defendant no. 5 and 6/State present.
Matter is adjourned to 17/10/24 for RE.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: Adv. present for plaintiff.
Exh.1- Plaint
Exh.2- Vakalatnama
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. for plaintiff filed affidavit of evidence of PW- 01 alongwith list of documents. t.o.r. marked as Exh. 5 and Exh. 6 accordingly.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Martina Sakpal for defendant/State present.
Matter is adjourned to 23/10/24 for say on admission and denial.
Next Purpose: FILING SAY
Next Hearing Date: 23-10-2024
Date: 23-10-2024
Business: Adv. Nitin Pokharankar present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Kapse for defendant/State present and filed say on admissibility of documents.
All documents are zerox copies hence, it cannot be exhibited.
Matter is adjourned to 25/11/2024 for filling say.
Next Purpose: FILING SAY
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Adv. Nitin Pokharankar present for plaintiff.
Advocate Kapse for defendant/State present and filed say on documents.
Advocate Rahul Rathod and filed say on documents.
Matter is adjourned to 16/12/24 for marking documents.
Next Purpose: ORDER
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: Plaintiff present.
Adv. Nitin Pokharankar present for plaintiff.
Advocate Kapse for defendant/State present.
Advocate Rahul Rathod for defendant/BMC present.
Defendant no. 1 to 4 failed to appearance expite of service of summons. suit is proceeded exparte against them.
Defendant no. 7 failed to file WS in this matter. Hence, Matter be proceeded further without WS of defendant no. 7.
Following order is passed on admissibility of documents at Exh. 6.
ORDER
1) Missing complaint no. 105/2007 dt. 29/07/2019 is marked as Exh. 7.
2) Speed post acknowledgment two receipt are marked as Exh. 8 and
Exh. 9 respectively.
3) Legal Notice of Advocate dt. 20/07/2019 to Collector MSD Bandra is
marked as Exh. 10.
4) Legal notice to Senior P.I. Chembur Police Station is marked as Exh. 11.
5) Postal receipt is marked as Exh. 12.
6) Aadhar Card of plaintiff is marked as Exh. 13.
7) School Leaving certificate of plaintiff is marked 14.
8) Marriage invitation Card of plaintiff is marked as Exh. 15.
Deposition of PW 01 by Adv. Kapse for defendant/State and Advocate Rahul Rathod for defendant/BMC is commenced and concluded.
Adv. for plaintiff filed evidence closure pursis. t.o.r. marked as Exh. 16.
Matter is adjourned to 02/01/25 for Arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2025
Date: 02-01-2025
Business: Adv. Santosh Jagtap present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Adv. T. A. Dhotre h/f Advocate Kapse for defendant no. 5 and 6/State present.
Heard argument by ld adv. for plaintiff and defendants.
F.R.S.R. Judgment is delivered and following order is passed.
ORDER
1. The L.C. Suit No. 2580 of 2019 is hereby decreed.
2. It is hereby declared that Mr. Nana Yeshwant Gaikwad is dead (Civil Death) under the provisions of 108 of Indian Evidence Act.
3. The death certificate of missing person be issued under Section 108 of the Indian Evidence Act (under presumption of Civil Death).
4. No order as to costs.
5. The decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 02-01-2025