Date: 23-01-2020
Business: Adv. G.C. Singh for Plaintiff is present. He seeks extension for service of letter of request.. O granted.
Matter is adjd. for service to 03/03/2020.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: None for plaintiff.
No service report filed.
Matter is adjd. for service of writ of summons/report to 24/6/2020.
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Advocate for the plaintiff is present.
On oral request of the ld. advocate for the plaintiff, time for service of summons to extended.
Matter is adjd. to 20/04/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to COVID-19
Next Purpose: SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: As Court is busy in hearing arguments in SU 2889/94, SU 4289/09 and SU 6988/06. Hence, board discharged.
Matter is adjd. to 10.03.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None present for the Plff.
Adv. Sachin Kadam for defendant present.
Matter is adjd. to 15-06-2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. Richa Singh for plaintiff present and seeking time for service affidavit.-O- Time granted.
Matter is adjd. to 22-08-2022 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Richa Singh for plaintiff present and filed letter of request.
None present for defendant.
Matter is adjd. to 11.10.2022 for filing service affidavit
Next Purpose: SERVICE
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: Adv. Vijaykumar Kamble h/f Adv. G.C. Singh for plaintiff present and submitted that plaintiff is senior citizen. He is not in contact therefore could not file service affidavit hence seeking time for filing service affidavit.
None present for defendant
Matter is adjd. to 14.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: As Court is busy in hearing Argument in 40 years old Suit No. 6910/78 and in Supreme Court Time Bond Matter i.e.1404/17. Hence, Board is discharged.
Matter is adjourned to 13.02.2023 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: As Court is busy in recording evidence in Suit No. 172/2013 and Suit No. 389/2015. Hence, Board is discharged.
Matter is adjourned to 12.04.2023 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Richa Singh h/f Adv. G.C. Singh for plaintiff present and seeking time for filing affidavit of service. Time granted. She also and tendered draft Chamber Summons alongwith affidavit in support. T.O.R. O-Leave is granted to register Chamber Summons. Copy served to proposed defendant.
Advocate Mr. Kapse for the State/defendant present.
Matter is adjourned to 22.06.2023 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Adv. Mr. Vijaykumar Kamble h/f Adv. G.C. singh for the plaintiff is present.
Adv. Mr. Suraj Kudalkar for defendant/State is present.
Adv. for the plaintiff seeks time to file affidavit of service. Time is granted.
Adjourned for affidavit of service to 17.08.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Mr. Ritesh Singh h/f Adv. G.C.Singh for the plaintiff is present.
Adv. Ms. Vaibhavi Pawar h/f Adv. Kudalkar for defendant No.1/
State is present.
Adv. for the plaintiff seeks time to file affidavit of service. Time is granted.
Matter is adjourned to 20.10.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Adv. Mr. Ritesh Singh for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed original registered Ch/s No. 956/2023 along-with affidavit in support. TOR.
Matter is adjourned to 15.12.2023 for affidavit of service/Ch/s reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Adv. Ms. Richa Singh h/f Adv. S.C. Singh for the plaintiff is present.
Adv. Mr. Sachin Kadam for defendant/State is present.
Kept back. Later on 05:00 pm.
The following order is passed on Ch/s No. 956/2023:
Plaintiff has taken out present Ch/s to amend the plaint by impleding MCGM as party defendant No. 2 in the suit. Perused Ch/s and affidavit in support of Ch/s. Considering the submissions it would be just and proper to implead MCGM as party defendant No. 2 in the matter. Hence, I proceed to pass following order.
ORDER
1. Chamber Summons No. 956 of 2023 is made absolute.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 956 of 2023 stands disposed off.
Matter is adjourned to 03.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv. Mr.Ritesh Singh for the plaintiff is present.
Adv. Mr. Sachin Kadam for defendant no.1/State is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Advocate for plaintiff submitted to amended copy of plaint and already serve to other side.
Advocate seeks time to file affidavit of service of defendant no.2.
Advocate for defendant no.1 seeks time to WS.
Matter is adjourned to 17.01.2024 for Service affidavit and WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv. Mr.Ritesh Singh h/f Adv. Singh for the plaintiff is present.
Adv. Mr.Siddharth Khedekar h/f Adv. Sachin Kadam for defendant no.1/State is present.
Advocate for plaintiff tendered affidavit of service regarding defendant no.2.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Exh.1- Plaint
Exh.2- VN
Exh.3- Memorandum of Address
Exh.4- List of documents.
Advocate for defendant no.1 filed WS marked at Exh-5
Matter is adjourned to 09.02.2024 for WS of defendant no.2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: Court is on leave. Hence, Board discharged matter adjd to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: Adv. Mr.Ritesh Singh h/f Adv. Singh for the plaintiff is present.
Adv. Sachin Kadam for defendant no.1/State is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Defendant no.2 failed to file WS. Hence suit to proceed without WS against defendant no.2.
Issues are framed marked at Exh-6.
Matter is adjourned to 21.03.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Adv.Ms.Richa Singh Mr. h/f Adv. G.C.Singh for the plaintiff is present.
Adv. Sachin Kadam for defendant/State is present.
Adv. for plaintiff seeks time for filing affidavit of evidence.
Matter is adjourned to 27.06.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: Plaintiff is present.
Adv. Ms.Richa Singh h/f Adv.G.C.Singh for the plaintiff is present.
Adv. Sachin Kadam for defendant No.1/State is present.
Adv. Mr. V.G.Shinde for defendant No.2/BMC is present.
Adv. for plaintiff filed affidavit of evidence and marked at Exh-7 and also filed list of document and marked at Exh-8.
The document at Sr.No.1, 2, 5, 6 and 7 are marked as exhibits at No.9 to 13.
The Colour Xerox Aadhar Card showing the address of the plaintiff and marked at Exh-9.
The Original Death Certificate of MARY PEREIRA and marked at Exh-10.
The Original receipts and certificate issued by Mumbai Central Railway Police Station, Mumbai and marked at Exh-11.
The Original Times of India News Paper along with his photographs and other details on 21.03.2003 and marked at Exh-12.
The Original letter dated 21.07.2016 and marked at Exh-13.
Cross-examination of PW-1 commence and completed by adv. for defendant No.1 and 2.
Defendant do not want to lead evidence.
Adv. for plaintiff filed pursis closing evidence and marked at Exh-14
Heard argument by ld adv. for plaintiff and defendants.
Matter is adjourned to 08.07.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv. Mr. Enail Shaikh for plaintiff is present.
Adv. Mr. Sachin Ka for deft./ State is present.
Adv. Mr. V. G. Shinde for deft/BMC is present.
Matter is adjourned to 29.07.2024 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: leave(first session), hence, matter adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: Advocate Richa Singh h/f Adv. Mr. G.C. Singh present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Sachin Kadam for defendant no. 1/State present.
Heard arguments of Ld. Adv. for Plff. and Defendants,
Judgment is dictated and pronounced in open Court.
F.R.S.R. Judgment delivered and following order is passed.
ORDER
1. The suit No.10 of 2020 is hereby decreed.
2. It is hereby declared that cousin of plaintiff by name Deswit
Thomas Pereira is dead (Civil death) under the provision of 108
of Indian Evidence Act.
3. The death certificate of cousin of plaintiff by name Deswit
Thomas Pereira 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: 06-08-2024