Date: 31-03-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 21/06/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: None present.
KB
L.O. at 04.30 p.m.
None present.
Matter is adjd. to 05/10/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present.
On perusal of roznama it appears that plaintiff is continuously absent. He has not taken steps to serve summon on defendants. Therefore, the plaintiff is directed to take steps to secure the service on the defendants.
Matter is adjd. to 05/01/2022 for service of summons.
L.O. at 01. 20 p.m.
Plaintiff is present with his daughter Nita Karani, she is repeatedly submitted that her father is tired by attending Court. She is asking advice from the Court. What steps she has to take. It is directed to her that, she can approached to advocate and ask, how to proceed with the suit instead repeated submission that her father is tired by attending the Court. The concerned Nita karani to take note.
Matter is already adjd. to 10/11/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: Advocate Mr. Binod Sinha for the plaintiff present.
None present for the defendants.
Matter is adjd. to 28.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Plaintiff in person present and submits that he will take appropriate steps in the matter on the next date.
Adv Mr.Kapse for State/ defendant present.
Matter is adjd. to 22.03.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: PO is on leave
Next Purpose: SERVICE
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Plaintiff in person present.
Adv. Binod Sinha for plaintiff present. He filed draft Ch/s a/w affidavit in support TOR O- leave is granted to register. Serve to other side.
Adv. Khatib for State present.
Matter is adjd. to 06-06-2022 for framing issues.
Next Purpose: SERVICE
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Vinod Sinha for plaintiff present.
Adv. Khatib for State present.
Heard argument of both sides on Ch/s 600/22.
Matter is adjd. to 24-06-2022 for order for Ch/s 600/22.
Next Purpose: ORDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: CORAM : H. H. J. SHRI.S.N.PATIL (C.R.NO. 9)
Plaintiff in person present.
Adv. Khatib for defendant no.1 is present. He submitted that he already argued.
For the reason separately recorded, the following order is passed.
ORDER
1. Chamber Summons No. 600 of 2022 is allowed.
2 The petitioner is allowed to incorporating the BMC, Fort (A Ward), Mumbai-400 001 as respondent No.2 in the above suit and directed to place on record amended copy of the suit plaint.
3. The plaintiffs are directed to furnish amended copies of the plaint to the defendants.
4 Chamber Summons No.600 of 2022 stands disposed of accordingly.
Matter is adjd.to 10-08-2022 for compliance.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: None present for parties.
Matter is adjd. to 04.10.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Plaintiff and his Adv. B. K. Sinha present and filed service affidavit.
Adv. Khatib for Defendant. No. 1/State present and seeking time for filing WS.
Adv. Chandramore for defendant/BMC present and seeking time for filing WS.
Matter is adjd. to 23.11.2022 for WS.
LO at 4.10 pm
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Plaintiff tendered Original Power of Attorney. TOR. Exh.05
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Plaintiff present.
Adv. Khatib for deft.no. 1/state present and seeking time for filing WS. Time granted subject to limitation.
Adv. Chandramore for deft.no.2/BMC present and she is not going to file WS.
Matter is adjd. to 15.12.2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: None present for plaintiff.
Advocate Mr. Khatib for the State/defendant No.1 present and submitted that the written statement is ready but concern office is not available for signature and requested to adjourned the matter. Time granted subject to limitation.
Adv. Chandramore for defendant no.2/BMC present.
Matter is adjourned to 21.01.2023 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Plaintiff is present.
Advocate Mr. Khatib for the State/defendant No.1 present and seeking time to file written statement. Time is granted as last chance subject to limitation.
Matter is adjourned to 23.02.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Plaintiff in person present.
Advocate Mr. Khatib for the State/defendant present and tendered draft Notice of Motion alongwith affidavit in support. O-Leave is granted to register the Notice of Motion. Copy of draft Notice of Motion served to plaintiff. He also filed written statement.
The plaintiff is going to file reply on draft Notice of Motion.
LO at 11.53 pm.
Plaintiff filed say on overleaf of draft Notice of Motion.
Heard both the side on draft Notice of Motion
LO
F.R.S.R. The following order passed in draft Notice of Motion
Order
1. Draft Notice of Motion is made absolute.
2. No order as to costs.
3. Draft Notice of Motion is disposed of accordingly.
Notice of Motion be registered for statistical purpose.
Matter is adjourned to 06.04.2023 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: As the Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Plaintiff in person present.
Adv. Chandramore for defendant/BMC present.
Adv. Atul Sonawane h/f Adv. Khatib for Defendant/State present and tendered registered Notice of Motion No.1369/23 which is already disposed of on 23.02.2023 along with affidavit in support.
Notice of Motion filed by defendant no 1 for setting aside no written statement order is made absolute hence, the written statement filed by defendant no. 1 is read and recorded. It is marked at Exh.6.
Matter is adjourned to 16.06.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: Adv. Mr. Ramprakash Pandey for the plaintiff is present and filed VP. TOR. It is marked at Exh. 07. O- Filed.
Adv. Mr. Khatib for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Advocate for the plaintiff filed draft issues. TOR. O- Seen.
Issues framed. It is marked at Exh. 08.
Adjourned for filing evidence on affidavit to 27.06.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: None present for the plaintiff.
Adv. Mr. Khatib for defendant No.1/State is present.
KB LO at 12:56 pm.
The plaintiff is present.
Adv. Mr. Ramprakash Pandey for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Adv. for the plaintiff filed evidence on affidavit. TOR. It is marked at Exh. 09. O-R&R. He also filed list of documents. TOR. It is marked at Exh. 10. O- Other side to say. Copies are supplied to other side.
Adv. for defendant Nos. 1 and 2 endorsed say on list of documents at exhibit 10.
Heard ld. advocates for both the sides on exhibiting of documents filed along-with list exhibit 10. Documents at Sr. Nos. 1 and 3 to 7 are exhibited.
Original Ration Card. It is marked at Exh. 11.
Original Election Card of Mr. Mahendra Panchand Shah. It is marked at Exh. 12.
News Paper Gujarat Samachar Mumbai dtd. 18.10.2001 in Gujarati Language. It is marked at Exh. 13.
Marathi Newspaper Maharashtra Times dtd. 20.10.2001. It is marked at Exh. 14.
Original Letter dtd. 22.06.2012. It is marked at Exh. 15.
Missing Certificate dtd. 04.08.2012. It is marked at Exh. 16.
Adjourned for R/E to 06.07.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: Adv. Mr. Ramprakash Pandey for the plaintiff is present.
Adv. Mr. Khatib for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
PW-1 Mr. Ashwinkumar Panchand Shah is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocates for defendant Nos. 1 and 2.
Adv. for the plaintiff filed evidence closed pursis. TOR. It is marked at Exh. 17. O- Filed.
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.
Matter is adjourned to 13.07.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Mr. Ramprakash Pande for the plaintiff is present.
Adv. Mr. Khatib for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Heard both the sides on merits of the suit.
Matter is adjourned to 17.07.2023 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Adv. Mr. Udaybhan Tiwari for the plaintiff is present.
Adv. Mr. Khatib for defendant No.1/State is present.
KB LO at 03:04 pm.
Adv. Mr. Ramprakash Pande for the plaintiff is present.
The judgment is dictated and pronounced in open Court. The judgment is marked at Exhibit No. 18.
F.R.S.R. the following Order is passed in SU No. 765/2021:
ORDER
1. The Suit is hereby decreed.
2. It is hereby declared that the brother of plaintiff i.e. Mr. Mahendra Panachand Shah 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 brother of plaintiff i.e. Mr. Mahendra Panachand Shah and to issue death certificate accordingly.
4. No order as to costs of the suit.
5. Decree be drawn 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: 17-07-2023