Date: 16-12-2019
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 13/03/2020 .
Next Purpose: DIRECTIONS
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Mr. Sasane for the Plaintiff present.
None present for the Defendant.
Adv for the Plaintiff seeks further time to serve writ of summons to the Defendant. Granted.
Matter is adjd. to 4.05.2020 for proof of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 04-05-2020
Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 26-05-2020
Date: 26-05-2020
Business: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv.Poonam Kadam for plaintiff.
None for defendant.
On oral request of adv.for Plaintiff, Matter is adjd. to 17.04.2021 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Sagar Marathe for Plff. present and serves copy of plaint to State and BMC.
Adv. Kapase present for State and files written statement. TOR and marked as Exh. 5.
Adv. Hajare for Corporation present and seeks time to file written statement.
Matter is adjd. to 27-04-2022 for WS subject to limitation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Mr.Anand Uke plaintiff is present.
Adv.Mr.Sagar Marathe for plaintiff is present.
Adv. Ms. Vaibhavi Pawar h/f Adv.Mr. Kapse for State is present.
Adv.Chandramore for defendant/BMC present and submits that there is no WS on the part of BMC.
Ld. Advocate for plaintiff filed draft issue. TOR.
Matter is adjd. to 15-07-2022 Issue.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Plaintiff and his Adv. Sagar Marathe present.
Adv.Kapse for defendant no. 1 present.
Matter is adjd. to 07.09. 2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Plaintiff present.
Adv. Priyanka Gaonkar h/f Adv. Kapse for defendant no. 1 present.
Matter is adjd. to 16.11.2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Sagar Marathe for plaintiff present.
Adv. Chandramore for defendant/BMC present.
Matter is adjourned to 24.02.2023 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Plaintiff is present.
Advocate Mr. Kapse for the State/defendant No.1 present.
Issues are framed - Exh.6.
Matter is adjourned to 09.03.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Sagar Marathe for plaintiff present.
Advocate Mr. Kapse for the State/defendant No.1 present.
Adv. Seema Rawade for Defendant No.2/BMC present.
KB
LO at 11.50 am
Adv. Sagar Marathe for plaintiff present and filed affidavit of evidence. TOR. It is marked at Exh.7 alongwith list of documents. TOR. It is marked at Exh.8.
Following documents are marked below Exh. 8
Sr.No.1 -Original copy of the Certificate issued by Senior Inspector of Police on 14.05.2010- Exh.9
Sr.No.2 - Copy of the said newspaper-Exh.10
Sr.No.3- Original Copy of the said application-Exh.11.
Sr.No.4- Copy of the said notice sent by the Collector - Exh.12.
Sr.No.5- Original Certificate outward No. 557/2019 issued by Senior Inspector of Police of Wadala Police Station dated 28.01.2019 and my request letter dated 27.12.2018-Exh.13.
Sr.No.6- Original Public notices Publishes on 11.02.2023 in two news paper(1) Mumbai Punya Nagari (2) Active.- Exh.14 Colly.
Cross examination of PW-1, Mr. Anand Bhimroa Uke by Adv. Kapse for Defendant No.1 commenced and completed.
When called out defendant No. 2/BMC is absent Hence, no cross examination order is passed against defendant No. 2/BMC.
LO
Adv. Sagar Marathe for plaintiff filed evidence closure pursis. Exh.15.
The Ld. Advocate for defendant No.1/State submitted that he is not going to lead any oral evidence. Hence, oral evidence of defendant is also hereby closed.
Matter is adjourned to 28.03.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Sagar Marathe for the plaintiff present.
Advocate Adv. Kapse for the State/defendant No.1 present.
Both the advocates submitted that their argument can be taken to be heard. Hence, their argument is taken to be heard.
Matter is adjourned to 01.04.2023 for Judgment.
LO at 11.40 pm.
Adv. Khandagale for Defendant No.2/BMC present.
Next Purpose: JUDGMENT
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Plaintiff present.
Adv. Sagar Marathe for plaintiff present.
Advocate Mr. Khatib h/f Adv. Kapse for the State/defendant No.1 present.
Adv. Khandagale for Defendant No.2/BMC present.
KB
LO 12.30 pm
Judgment - Exh.16
F.R.S.R. the following order is passed in Suit No. 3095 of 2019
Order
1. The suit is hereby decreed.
2. It is hereby declared that the husband of plaintiff i.e. Mr. Bhimrao Ramji Uke 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 husband of plaintiff i.e. Mr. Bhimrao Ramji Uke and issue death certificate accordingly.
4. No order as to costs of the suit.
5. Decree be drawn accordingly.
6. The suit stands disposed of accordingly.
Original document be returned to the parties after appeal period is over.
Nature Of Disposal: DECREED
Disposal Date: 01-04-2023