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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Ramnath Abaji NaikVsThe State of Maharashtra +1 more

CNR MHCC0100855320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 06th May 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102695/2019
Registration Date
09 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    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

    Additional Case Details

    Additional Case Details
    Filing Number: 109088/2019
    Filing Date: 16-08-2019
    First Hearing Date: 11th December 2019
    Decision Date: 06th May 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 May 2023

    Order Details: Copy of Judgment Pdf Text: 1 MHCC010085532019 Lodged on : 16.08.2019 Registered on : 09.10.2019 Decided on : 06.05.2023 Duration : 03Y 08M 20D EXHIBIT19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 2695 OF 2019 SHRI RAMNATH ABAJI NAIK ] Aged 66 years, Occupation: Retired ] Indian Inhabitant of Mumbai ] Residing at Room No. 6, Bhagwan ] Dhuri Chawl, Sambhaji Chawk, ] New Mill Road, Kurla West, ] Mumbai – 400 070. ].. Plaintiff.…

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