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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Prabhakar Yashwant JagdaleVsState of Maharashtra +2 more

CNR MHCC0100906320199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 18th October 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102644/2019
Registration Date
03 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 39

    Case History / Proceedings

    Case History
    Date: 24-10-2019
    Business: vThe court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Gangarkar for plaintiff is present. He filed affidavit of service
    Adv. Khatib for defendant no.1 and 3 is present. He seeks time for WS. O granted subject to stipulation in CPC.
    Matter is adjd. for WS to 08/04/2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Lockdown
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: None for plaintiff.
    Adv.  Lilla Yerande for the defendant no.2.
    Draft NM along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register N/M is granted. N/M is made r/o 18/03/2021
    Matter is adjd. to 18/03/2021 for tendering registered NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Bharti for defendant No.2.
    Adv. Tikam  h/f Adv. Khatib for the defendant No.1 and 3.
    Advocate for defendant No.2 tendered registered N/M No.264/2021 along with affidavit in support. t.o.r.
    Matter is adjd. to 04/05/2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: due to covid-19
    Next Purpose: REPLY
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 24.03.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: None present for plaintiff.
    Adv. B.R.Talankar for defendant no. 2 present.
    Matter is adjd. to 14-06-2022 for reply to N/m 264/21 .
    Next Purpose: REPLY
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: None present for plaintiff.
    Adv. Bharati Mishra for defendant no. 2 present.
    Adv. Darshan Jain for defendant no. 1 present.
    Matter is adjd. to 12-08-2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Board is discharge, As court is busy in hearing argument in H.C.T.B. suit no. 875/11.
    Matter is adjd. to 13.10.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2022
    
    Date: 12-08-2022
    Business: Board is discharge, As court is busy in hearing argument in H.C.T.B. suit no. 875/11.
    Matter is adjd. to 13.10.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Court is busy dictating order in NM No. 1696/2020 in Disposed off Suit No. 2753/2011. Hence, Board is discharged.
    Matter is adjd. to 16.12.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2022
    
    Date: 13-10-2022
    Business: Court is busy dictating order in NM No. 1696/2020 in Disposed off Suit No. 2753/2011. Hence, Board is discharged.
    Matter is adjd. to 16.12.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: As Court is busy in hearing argument in NM No.4037/2022 in Suit No. 1855/22. Hence, Board is discharged.
    Matter is adjourned to 17.02.2023 for Notice of Motion Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2023
    
    Date: 16-12-2022
    Business: As Court is busy in hearing argument in NM No.4037/2022 in Suit No. 1855/22. Hence, Board is discharged.
    Matter is adjourned to 17.02.2023 for Notice of Motion Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None present for plaintiff.
    Adv. Nilam Erande for defendant No. 2 present.
    Advocate Mr. Kapse for the State/defendant Nos. 1 and 3 present.
    The plaintiff not filed his say sicne 18.03.2021. It appears that the plaintiff does not want to file reply. Hence, no reply order is passed against plaintiff.
    Heard the advocate for Defendant No.2.
    Plaintiff is absent for hearing NM, hence, plaintiff argument is taken to be heard.
    Matter is adjourned to 23.02.2023 for Notice of Motion No.264/21 Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2023
    
    Date: 17-02-2023
    Business: None present for plaintiff.
    Adv. Nilam Erande for defendant No. 2 present.
    Advocate Mr. Kapse for the State/defendant Nos. 1 and 3 present.
    The plaintiff not filed his say sicne 18.03.2021. It appears that the plaintiff does not want to file reply. Hence, no reply order is passed against plaintiff.
    Heard the advocate for Defendant No.2.
    Plaintiff is absent for hearing NM, hence, plaintiff argument is taken to be heard.
    Matter is adjourned to 23.02.2023 for Notice of Motion No.264/21 Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Adv. Samiksha Kamble for plaintiff present.
    Adv. Nilam Erande for defendant No.2 present and seeking time for argument.
    Matter is adjourned to 18.03.2023 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-03-2023
    
    Date: 23-02-2023
    Business: Adv. Samiksha Kamble for plaintiff present.
    Adv. Nilam Erande for defendant No.2 present and seeking time for argument.
    Matter is adjourned to 18.03.2023 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Adv. Samiksha Kamble for plaintiff present and filed her reply on overleaf of Notice of Motion No. 264/21.
    Adv. Nilam Erande h/f Adv. D.R. Talankar for defendant No.2 present.
    Heard Ld. advocate of both the sides on Notice of Motion No. 264/21.
    Matter is adjourned to 10.04.2023 for NM No. 264/21 order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-04-2023
    
    Date: 18-03-2023
    Business: Adv. Samiksha Kamble for plaintiff present and filed her reply on overleaf of Notice of Motion No. 264/21.
    Adv. Nilam Erande h/f Adv. D.R. Talankar for defendant No.2 present.
    Heard Ld. advocate of both the sides on Notice of Motion No. 264/21.
    Matter is adjourned to 10.04.2023 for NM No. 264/21 order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: None present for plaintiff.
    Adv. Neelam Yerande h/f Adv. Talankar for Defendant No. 2 present.
    As Court is busy in dictating Judgment in Supreme Court Time Bound Matter i.e. Suit No. 1404/2017. Hence, Matter is adjourned to 28.04.2023 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-04-2023
    
    Date: 10-04-2023
    Business: None present for plaintiff.
    Adv. Neelam Yerande h/f Adv. Talankar for Defendant No. 2 present.
    As Court is busy in dictating Judgment in Supreme Court Time Bound Matter i.e. Suit No. 1404/2017. Hence, Matter is adjourned to 28.04.2023 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None present for plaintiff.
    Adv. Priyanka Gaonkar h/f Adv. Khatib for Defendant no.1/State present.
    Adv. Nilam Erande for defendant No.2 present.
    Perusing file it appears that the NM No. 264/21 is not found in this file. Therefore, Sheristedar is directed to search NM and put up before Court for order on or before next date.
    Matter is adjourned to 04.05.2023 for NM orders.
    LO at 4.30 pm.
    Notice of Motion no. 264/2021 is found in other matter hence, Notice of Motion kept it along with this suit.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2023
    
    Date: 28-04-2023
    Business: None present for plaintiff.
    Adv. Priyanka Gaonkar h/f Adv. Khatib for Defendant no.1/State present.
    Adv. Nilam Erande for defendant No.2 present.
    Perusing file it appears that the NM No. 264/21 is not found in this file. Therefore, Sheristedar is directed to search NM and put up before Court for order on or before next date.
    Matter is adjourned to 04.05.2023 for NM orders.
    LO at 4.30 pm.
    Notice of Motion no. 264/2021 is found in other matter hence, Notice of Motion kept it along with this suit.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: None present for plaintiff.
    Advocate Mr. Khatib for the State/defendant No.1 and 3 present.
    Adv. Bharti for defendant No. 2 present.
    F.R.S.R. the following order is passed on Notice of Motion No. 264 of 2021.
    Order
    1. Notice of Motion No. 264 of 2021 is hereby allowed subject to the payment of costs of Rs.3,000/- (Rupees Three Thousand only) payable by the defendant no. 2 to the plaintiff on or before next date.
    2. On payment of costs, delay be condoned and allowed to file written statement of defendant no.2 for taking on record on or before next date.
    3. Failure to make compliance, Notice of Motion will be dismissed automatically.
    4. Notice of Motion No.264 of 2021 is disposed of accordingly.
    Matter is adjourned to 02.08.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv. Ms. Samiksha Kamble present for the plaintiff.
    Adv. Mr. Neelam Erande for defendant No. 2 is present.
    KB LO at 2:40 pm.
    Today defendant No.2 paid amount of cost to plaintiff and complied with order dated 04.05.2023.
    Adv. for defendant No.2 filed Written Statement. TOR. It is marked at Exh. 05. O – Filed. Copy is supplied to the other sides.
    Matter is adjourned to 13.10.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khatib for defendant Nos. 1 and 3/State is present.
    Adv. Ms. Nilam Erande for defendant No. 2 is present.
    Issues are framed. It is marked at Exh. 06.
    Matter is adjourned to 02.11.2023 for filing affidavit of evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: Adv. Ms. Samiksha Kamble for the plaintiff is present.
    Adv. Mr. Khatib  for defendant nos.1 and 3 is present.
    Advocate for plaintiff seeks time to filed Affidavit of Evidence
    Adjourned for 14.12.2023 to R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: Adv. Ms. for the plaintiff is present.
    Adv. Mr. R.S. Khatib for defendant Nos. 1 and 2/State is present.
    Adv. for the plaintiff seeks time to file affidavit of evidence. Time is granted.
    Matter is adjourned to 23.01.2024 for filing affidavit of evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Adv. Ms.Samiksha Kamble for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1 and 3/State is present.
    Advocate for plaintiff seeks time to file affidavit of evidence.
    Matter is adjourned to 27.02.2024 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Adv. Ms.Kamble for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1/State is present.
    adv. for plaintiff seeks time to file affidavit of evidence.
    Matter is adjourned to 27.03.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: Adv. Ms.Kamble for the plaintiff is present.
    None for defendant.
    Adv. for plaintiff seeks time to file affidavit of evidence.
    Matter is adjourned to 26.04.2024 for R.E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: court is on half day (1st session) leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: Adv. Mr.Samiksha Kamble for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1 and 3/State is present.
    Adv. Mr.Karanjkar for defendant No.2 is present.
    Adv. for plaintiff filed affidavit of evidence marked at Exh-7 and also filed list of document and marked at Exh-8.
    Matter is adjourned to 31.07.2024 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Adv. Ms.Samiksha Kamble for the plaintiff is present.
    Adv. Mr.Khatib for defendant no.1 and 3/State is present.
    Adv. Ms.Neelam for defendant No.2 is present.
    Matter is adjourned to 26.09.2024 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: None present for plaintiff.
    Adv. Kudalkar present for defendant no. 1 and filed say on Exh. 8.
    Advocate Kinjal Luniya h/f Adv. D. R. Talankar for defendant no.2 present.
    Following order is passed on admissibility of documents at Exh. 8.
                                    ORDER
    1) The document at Sr. no. 1 is Original Pass Book of S. B. A/c. No. 58/10584 marked as Exh. 9.
    2) The document at Sr. no. 2 is Original letter dated 23rd November 2017. Marked as Exh. 10.
    3) The document at Sr. no. 3 is original letter dt. 16/12/2017 issued by the Navghar Police Station. Marked as Exh. 11.
    4) The document at Sr. no.4 is xerox copy of letter dt. 15.01.2018 Marked as Exh. 12.
    5) The document at Sr. no.5 is original reply of the Bank dated 19.01.2018 Marked as Exh. 13.
    6) The document at Sr. no.6 is original letter dt. 14/07/2018 addressed to Navghar police station by plaintiff. Marked as Exh. 14.
    7) The document at Sr. no. 7 is original reply letter dt. 17/08/2018 of Navghar police station to plaintiff. Marked as Exh. 15.
    8) The document at Sr. no. 8 is original letter dt. 26/12/2018 with the xerox of other papers viz. Pan Card, Adhar Card and Affidavit Marked as Exh. 16.
    9) The document at Sr. no. 9 is xerox copy of the letter dt. 03/06/2019 of the defendant Bank. Marked as Exh. 17.
    Matter is adjourned to 30/09/24 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-09-2024
    
    Date: 30-09-2024
    Business: Plaintiff present.
    Adv. Samiksha Kamble present for plaintiff.
    Adv. D. R. Talankar present for defendant no. 2.
    Advocate Kapse for defendant/State present.
    Chief and cross examination of PW 01 by Adv. of plaintiff and Defendants is commenced and concluded.
    Adv. for plaintiff fled evidence closure pursis. marked as Exh. 18.
    Matter is adjourned to 10/10/24 for Evidence of Defendant no. 2.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-10-2024
    
    Date: 10-10-2024
    Business: Adv. Samiksha Kamble present for plaintiff.
    Adv. Kinjal h/f Adv. D. R. Talankar present for defendant no. 2 and filed evidence closure pursis. t.o.r marked as Exh. 19.
    Adv. for defendant no. 2 filed written notes of arguments. Marked as Exh.20.
    Advocate Kapse for defendant no. 1 and 3/State present and submitted that, he is not going to file any evidence or documents. Hence, evidence of defendant no. 1 and 3 is closed.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned for Judgment to 11/10/24.
    Next Purpose: JUDGMENT
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: Plaintiff is present
    Adv. Ms. Samiksha Kamble for plaintiff.
    None present for defendants.
    Matter is adjourned to 17.10.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: Adv. Samiksha Kamble present for plaintiff.
    Advocate Kapse for defendant/State present.
    Advocate Rahul Rathod for defendant/BMC present.
    As court time is over as court is busy in mediation matter, Matter is adjourned for judgment to 18/10/24.
    Next Purpose: JUDGMENT
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Samiksha Kamble present for plaintiff.
    Advocate Kapse for defendant/State present.
    Advocate Rahul Rathod for defendant/BMC present.
    Judgment.
    F.R.S.R. Judgment is delivered and following order is passed.
    ORDER
    1.	The suit No.2644 of 2019 is hereby partly decreed.
    2.	It is hereby declared that friend of plaintiff by name             Shri. Ashok Laxman Bhosale is dead (Civil death) under the provision of 108 of Indian Evidence Act.
    3.	The death certificate of friend of plaintiff by name Shri. Ashok 	Laxman Bhosale be issued under Section 108 of Indian 	Evidence Act (presumption of Civil Death).
    4.	No any order as to costs.
    5.	The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 18-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109637/2019
    Filing Date: 30-08-2019
    First Hearing Date: 24th October 2019
    Decision Date: 18th October 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Oct 2024

    Order Details: Copy of Judgment Pdf Text: 1 Presented on : 30.08.2019 Registered on : 03.10.2019 Decided on : 18.10.2024 Duration : 06 Y : 01 M : 18 D EXHIBIT-. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI S.C. SUIT NO. OF 2644 OF 2019 (C.N.R.No.MHCC01-009063-2019) Mr. Prabhakar Yashwant Jagdale ] Aged 78 years of Mumbai, ] Indian Inhabitant, residing at : OM Shriram] Co-Op. Hsg. Soc. Ltd. 2/B, Ram Ratan ] Trivedi Road, Mulund (W), ] Mumbai-410 080…

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