Date: 11-12-2019
Business: Plaintiff is present. Advocate is absent.
Issue letter request to defendants.
Matter is adjourned for service to 21/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Plaintiff is present.
Adv. Chandramore for the defendant No.2.
Affidavit of service filed by plaintiff.
Matter is adjd. to 12/04/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: due to covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Plaintiff present.
Advocate of plaintiff absent.
Adv. Hajare for defendant/BMC present.
Matter is adjd. to 07/01/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Court is on Leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Plaintiff in person present and files draft issues.
Adv. Kapase for State present.
By consent,matter is adjd. to 20-06-2022 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None present for plaintiff.
Adv. Chandramore for BMC present.
Adv. Pratik Korgaonkar h/f Adv. Sachin Kadam for State present.
Matter is adjd. to 24-08-2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Dinesh Haldankar for plaintiff present.
Adv. Kapse for defendant no. 1 present.
Adv.Chandramore for defendant/BMC present.
Matter is adjd. to 23.09.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Dinesh J. Haldankar for plaintiff present.
Adv. Khatib for defendant /state present.
Adv. Chandramore for defendant/BMC present.
Perusing record, it appears that none deft. filed WS on record therefore the question of framing issues does not arise. Previously it was kept on wrong caption for draft issues. But, plaintiff filed draft issues. Hence, the matter is fixed for framing issues. But as there is no WS on record. Therefor, matter is fixed for hearing without WS.
Matter is adjd. to 22.11.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Lipika Biswas h/f Adv. Dinesh Haldankar for plaintiff present and filed affidavit of evidence, T.O.R. marked at Exh.5 and also filed list of documents, TOR. marked at Exh.6.
None present for defendant.
Matter is adjd. to 19.01.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Court is on leave.
Hence, Board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: The plaintiff is present in person and supplied copy of evidence to the other sides.
Adv. Khatib for defendant No.1 is present.
Adv.Chandramore for defendant/BMC is present.
Matter is adjourned to 06.03.2023 for Cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: PW-1 present.
Adv. Lipika Biswas for plaintiff present.
Advocate Mr. Khatib for the State/defendant No.1 present.
Adv. Khandagale for Defendant / BMC present.
Kb for document marking and Recording evidence.
LO at 11.30 pm
During the further examination in chief of PW-1, Mr.Ramnath Abaji Naik, following documents are marked as exhibits.
The defendant No.1 admitted the document\''s at Sr. No 3 to 5 , but the plaintiff deposed on oath and submitted that he placed on record the Certificate from Crime Brance dtd. 21.09.2006 which is marked at Exh.7. I also produced Certificate issued from Kurla Police station it bears the signature of concern officer. It contents are true and correct, hence, it is marked at Exh.8. I also produced letter issued by Kurla Police station dtd. 20.09.2006. It bears the signature of concern officer, It contents are true and correct, hence, it is marked at Exh.9. Certificate issued from Kulra Police station also produced on record, it bears the signature of concern officer, It contents true and correct , hence, it is marked at Exh.10. Election Card, it is marked at Exh.11. Electricity Bill, it is marked at Exh.12. Death Certificate of Mother, it is marked at Exh.13. Adhar Card, it is marked at Exh.14, Pan Card, it is marked at - Exh.15. Notice dated 30.04.2019 issued by plaintiff to MCGM, It bears the signature of Advocate, conetesnt are true and correct, it is marked at Exh.16. Letter issued by the MCGM \''L\'' ward at Exh.17.
Cross examination of PW-1, by Advocate Khatib for Defendant No.1/State commenced and completed.
When called out Defenant No. 2/BMC absent. Hence, no cross examination order is passed against Defenant No.2/BMC. They have not filed written statement. hence, no evidence order is passed against them.
Defenant No.1 submitted that he is not going lead any oral evidence. Hence, oral evidence of defendant No. 1 is hereby closed.
The Advocate for plaintiff filed evidence closure pursis. TOR, It is marked at Exh.18.
Matter is adjourned to 10.04.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. P.N. Kulkarni for plaintiff present.
Adv. Mangal Kadam for defendant No1/MHADA present.
Matter is mistakenly fixed for Judgment. Hence, matter is kept for arguments.
Matter is adjourned to 24.04.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Dinesh Haldankar for plaintiff present.
Advocate Mr. Khatib for the State/defendant No.1 present.
Adv. Chandramore for defendant/BMC present.
Heard arguments of Ld. Advocate for plaintiff and defendants.
Matter is adjourned to 06.05.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: None present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Khatib for Defendant nos.1 and 2/State present.
Judgment - Exh.19.
F.R.S.R. the following order is passed in Suit No. 2695 of 2019.
Order
1. The Suit is hereby decreed.
2. It is hereby declared that the father of plaintiff i.e. Mr. Abaji Shivram Naik 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 father of plaintiff i.e. Mr. Abaji Shivram Naik and 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 concerned person after the appeal period is over.
7. The Suit stands disposed of accordingly.
Nature Of Disposal: DECREED
Disposal Date: 06-05-2023