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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Lata Bhau VakhareVsThe State of Maharashtra +1 more

CNR MHCC0101038520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 20th January 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102793/2019
Registration Date
01 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: Adv. M.A. Lavate for Plaintiff is present. He filed writ of summons  and  letter of request. TOR
    None for  defendant .
    Matter is adjd.  for Ex-Parte order to 27/01/2020.
    Next Purpose: ORDER
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged, as
    only urgent matters are taken up.
    Next Purpose: ORDER
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Next Purpose: ORDER
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Due to direction to combat Corona Virus, board is discharged as only matters for argument are taken up.
    Next Purpose: ORDER
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Both parties and their advocates are absent.
    Matter is adjd. to 12/02/2021 for steps.
    L.O.
    Adv. Mr. M.A. Lawate for the plaintiff is present.
    Affidavit of service of summons filed by advocate for the plaintiff. O-Filed.
    Matter is adj. to 12/02/2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Mr. M.A. Lawate for the plaintiff.
    Adv. Priyanka Gaonkar h/f Adv. Martina Sapkal for the defendant  No.1.
    Copy of the summons be affixed on the notice board of the Court, Collector, Mumbai and Municipal Corporation, Mumbai. So also, the summons be published in Marathi and English newspapers having wide circulation in Mumbai.
    Matter is adjd. to 05/05/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Matter pertains to C.R. No.12
    Adv. Mr. Lawate for plaintiff present and filed affidavit alongwith the copy of news paper and also affidavit of service.
    None present for defendant.
    Adv.Ms. Mhatre for deft./MCGM present.
    Matter is adjourned for order to 23/6/2021
    Next Purpose: ORDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: Adv. Mr.  for the plaintiff present.
    Adv. Mr. Priyanka Gaonkar h/f Adv. Martina Sapkal for defendant No.1 present.
    Adv. Mrs. Chandramore for defendant No.2 present.
    Defendants No.1 and 2 have failed to file reply. Hence, suit to proceed without their reply.
    The plaintiff has filed paper publication on record. But, before proceeding ahead for any order it is necessary for plaintiff to lead evidence.
    Matter is adjd. to 09/07/2021 for recording evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Adv. Mr. M. A. Lawate for the plaintiff present.
    None for defendants.
    Plaint
    Vakalatnama
    Memorandum of address in plaint.
    List of documents in plaint.
    Affidavit of evidence filed by advocate for the plaintiff. t.o.r.
    Compilation of documents filed by advocate for the plaintiff. t.o.r.
    Matter is adjd. to 17/08/2021 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Machindra Lawate  for the plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    KB L.O.
    Adv. Machindra Lawate  for the plaintiff present.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjd. to 15/09/2021 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Ld. Adv. Mr. Lavate Plaintiff present.
    None for Defendant.
    Matter is adjd. to 25.10.2021.
    As per last roznama the matter is kept for admission and denial of documents.  Today plaintiff absent therefore adjourned for verification and cross examination of plaintiff at exhibit no.5.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. M. A. Lawate for plaintiff present.
    PW-1 is present.
    Adv. Kapse for the defendant No.1 present.
    Matter is adjd. to 02/12/2021 for verification of documents/recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Plaintiff present.
    Adv Mr.M.A.Lawate present for the plaintiff.
    Adv Mr.Sapkal present for the defendant nos. 1 and 2
    Evidence of P.W.1 Lata Bhau Vakhare is recorded.
    Plaintiff closed oral evidence at Pursis Exh.11
    Adv for the plaintiff filed application for return of original documents TOR O- Original documents be returned by filing verified xerox on record.
    As suit is proceeding without WS of defendant nos.1and 2, no evidence of on the part of defendant nos.1 and 2. Matter be listed for argument on 18.12.2021.
    Matter is adjd. to 18.12.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv Mr.M.A.Lawate for plaintiff present.
    Adv Kapse for State present/ defendant no.1
    Ld advocate for plaintiff submits written arguments TOR O- filed.
    Arguments heard.
    Matter is adjd. to 23.12.2021 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Adv Priyanka Gaonkar H/f Adv Martina Sakpal present for the State.
    Adv Chandramore present for the corporation.
    Matter is adjd. to 04.01.2022 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is on Leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: None for Plaintiff.
    Adv.Martina Sapkal for defendant no.1.
    Matter is adjd. to 20.01.2022 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Son of Plaintiff is present.
    Adv.Martina Sakpal for State is present.
    Plaintiff has filed on record the report in proforma dated 22.02.2008 of missing of her father at Exh-10.
    The letter issued by Deonar Police Station to the Senior Police Inspector of all Police Station for Missing Persons is at Exh-11.
    Deonar Police Station also informed such missing case regarding AMR No. 22/2008 dated 21.02.2008 to the Co-ordinate Officer, Missing Person Bureau Department, CID Crime Branch, Mumbai Head Quarters vide report dated 17.03.2017 at Exh-12.
    Certificates dated 27.05.2015, 14.02.2017 and 25.02.2019 issued by the Senior Police Inspector of Deonar Police Station stating  therein that Maruti Kondaji Hinge is not traceable as per the police record are at Exh.13 Colly.
    A copy of Notice under section 80 of the Code of Civil Procedure is produced at Exhibit-14.
    Copy of newspapers Exh.15
    Judgment Exh.16.
    FRSR the following order to passed.
    ORDER
    1. Suit is decreed.
    2. It is hereby declared that father of plaintiff  i.e.  Maruti Kondaji Hinge is civil dead.
    3. The defendants are directed to register the death of Maruti Kondaji Hinge and issue death certificate accordingly.
    3. No order as to costs of the suit.
    4. Decree be drawn accordingly.
    5. L.C.Suit No. 2793 of  2019 is disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 20-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111183/2019
    Filing Date: 14-10-2019
    First Hearing Date: 06th January 2020
    Decision Date: 20th January 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jan 2022

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 14.10.2019 Registered on : 01.11.2019 Decided on : 20.01.2022 Duration : 02Y 03M 06D EXHIBIT-16 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY L. C. SUIT NO. 2793 OF 2019 ( CNR No.MH-CC-01-010385-2019) MRS. LATA BHAU VAKHARE, ] Age about 62 years, Occupation: ] Housewife, Indian Inhabitant, ] residing at Room No. 273, ] Building No.7, PMGP Colony, ] Punyashlok Ahilyabai Holkar Marg, ] Datta Mandir, Mankhurd (West), ]…

    Read Full Order

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