Smt. Shalini Narayan Jawale alias Shakuntala Abu WaghmareVsThe State of Mahrashtra through The Secretary +1 more

Date: 06-01-2020
Business: None for Plaintiff.
Issue writ of summons through bailiff of sheriff office and simultaneously through R.P.A.D./speed post.
Matter is adjd. for proof of service to 05/03/2020.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Ms. S.D. Satarkar for the Plaintiff present.
None present  for the deft.
Application to pass an order to issue fresh request of letter and writ of summons to the deft through bailiff. O- Order is already passed and the Plaintiff is directed to pay requisite process and bailiff bhatta.
Matter is adjd. to 24.06.2020 for service of writ of summons through bailiff.
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020

Date: 24-06-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: None for plaintiff.
Adv. Chandramore for the defendants No.8 and 9.
The plaintiff has lodged the present suit on 03/08/2018. However,  till date the plaintiff has not filed proof of service of summons. Hence, the suit be kept for passing dismissal order on the next date.
Matter is adjd. to 19/04/2021 for passing dismissal order.
L.O.
Adv. Ms. Gaikwad h/f Adv. Rajendra Kumar for the plaintiff.
Advocate for the plaintiff filed  application for extension of  time to serve summons. O-Granted.
Matter is adjd. to 19/04/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: due to covid-19
Next Purpose: SERVICE
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: court is on leave
Next Purpose: SERVICE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Court is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for Plff.
Adv. Gavkar h/f Adv. Martina Sakpal for Deft. No. 1 present.
Adv. Chandramore for BMC/deft. No. 2 present.
Matter is adjd. to 20-06-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Rajendra Shahasane for plaintiff present and field service affidavit.
Adv. Chandramore for BMC present.
Matter is adjd.to  29-07-2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None present for plaintiff
Exh.1- Plaint
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant no.1/state present and filed written statement Exh.05 for deft.no.1.
Deft.no. 1 is directed to serve copy to other side.
Adv. Chandramore for defendant/BMC present and submitted that she is not going to file written statement. Hence, suit is proceed without filing WS against BMC.
Matter is adjd. to 10.10.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: As Court is busy in hearing argument in Suit No. 725/2021. Hence, Board is discharged.
Matter is adjd. to 20.10.2022 for framing issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave. Hence, board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None present for plaintiff.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 10.04.2023 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Rupali Shetty for plaintiff present and filed VP. TOR. It is marked at Exh.6.
Adv. Chandramore for defendant/BMC present.
As Court is busy dictating Judgment in Supreme Court Time Bound matter i.e. Suit No. 1404/2017. Hence, Matter is adjourned to 06.06.2023 for Draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. Mr. Amit Hire for the plaintiff is present.
Adv. Mr. Suraj Kudalkar for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No. 2/MCGM is present.
Advocate for the plaintiff sought time to file draft issues. Time is granted.
Adjourned for draft issues to 18.07.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Mr. Amit Dhire a/w Adv.  Rupali Shetty for the plaintiff is present.
None present for the defendant.
Advocate for the plaintiff submitted draft issues. TOR.
Issues framed. It is marked at Exh. -----.
Matter is adjourned to 28.07.2023 for filing affidavit of documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: None present for the plaintiff.
Adv. Ms. Vaibhavi Pawar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 12:30 pm.
Adv. Ms. Rupali Shetty is present for the plaintiff and seeks adjournment.
Matter is adjourned to 03.08.2023 for filing affidavit of documents.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Adv. Mr. Amit Hire for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 02:56 pm.
Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 08. O R&R. He also filed list of documents. TOR. It is marked at Exh. 09. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Adv. for defendant No. 2 endorsed say on exhibit 09.
Matter is adjourned to 22.08.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Ms. Rupali Shetty for the plaintiff is present.
Adv. Ms. Martina Sakpal for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2 /BMC is present.
Adv. for defendant No. 1 endorsed say on list of documents exhibit 09.
Heard ld. advocate for both the sides on exhibiting of documents. Following documents filed along-with list at exhibit 9 are marked exhibits.
Leaving certificates of Smt. Shakuntala Abu Waghmare and Mr. Waghmare Babulal Abu. It is marked at Exh. 10. Colly.
Ration Card, Aadhar Card, Election Card, Parents death Certificate. It is marked at Exh. 11. Colly.
Missing Certificate dtd. 06.09.1197. It is marked at Exh. 12.
Missing Certificate dtd. 01.12.1999. It is marked at Exh. 13.
Missing Certificate dtd. 25.01.2001. It is marked at Exh. 14.
Missing Certificate dtd. 27.07.2012. It is marked at Exh. 15.
Missing Certificate dtd. 11.08.2017. It is marked at Exh. 16.
Matter is adjourned to 31.08.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: Adv. Mr. Amit Hire for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 12.09.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: None present for both the sides.
KB LO at  11:36 am.
Adv. Ms. Martina Sakpal for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Matter is adjourned to 11.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Adv. Mr. Amit Hire for the plaintiff is present.
Adv. Mr. Krishna Yadad h/f Adv. Martina Sakpal for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Adv. for the plaintiff submitted that today plaintiff is absent due to medical grounds and prayed for adjournment.
Matter is adjourned to 12.12.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv. for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Adv. for the plaintiff sought adjournment by submitting that plaintiff is senior citizen and is not keeping well and is taking treatment at native place. Considering the grounds matter is adjourned.
Matter is adjourned to 22.01.2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None for the plaintiff.
Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
Matter is adjourned to 29.01.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv. Mr. Amit Hire or the plaintiff is present.
Adv. Mrs.Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant/State is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Adv.for plaintiff prayed for adjournment by submitting that plaintiff is unable to attend the Court. It appears that since many date plaintiff is not appearing. Hence, Plaintiff is directed to proceed with matter on next date positively adjournment granted for today only.
Matter is adjourned to 05.03.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: None present for the plaintiff.
Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Matter is adjourned to 12.06.2024 for R.E.
LO at 12.14 pm.
Adv.Ms.Rupali Shetty for plaintiff is present.
Matter is adjourned to 05.04.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Adv. Mr.Amit Khere h/f Adv. Rupali Shetty for the plaintiff is present.
Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
Adv. Mr. V.C.Kadam a/w Adv.  Chandramore for defendant No.2/BMC is present.
Cross-examination of PW-1 Smt.Shalini Narayan Jawale commenced and completed by adv. for defendant no.1 and defendant No.2.
Adv. for plaintiff filed evidence close pursis marked at Exh-17. O-R and R.
Matter is adjourned to 26.04.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: court is on half day (1st session) leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Adv. Mr.Amit Hire for the plaintiff is present.
Adv. Ms.Martina Sakpal for defendant No.1/State is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Heard argument by ld adv. for plaintiff and defendants.
Matter is adjourned to 10.05.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: None present for plaintiff.
Adv. Mr. Martina Sakpal for defendant 1/State is present.
Adv. Mrs. Chandramore for defendant no.2/BMC is present.
Judgment is dictated and pronounced in open court.
The Judgment marked at Exh-
F.R.S.R. the following Order is passed on Suit No. 2823 of 2019.
ORDER
1. The  suit No.2823 of 2019 is hereby decreed.
 2. It is hereby declared that the brother of the plaintiff Shri.Babulal Abu Waghmare 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 Shri.Babulal Abu Waghmare and to issue death certificate accordingly.
    4. No order as to costs of the suit.
       5. Decree be drawn up 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: 10-05-2024

Registration Number: 102823/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 110621/2018
Filing Date: 03-08-2018
First Hearing Date: 06th January 2020
Decision Date: 10th May 2024
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE