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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Ananda Janu ShelkeVsState of Maharashtra +1 more

CNR MHCC0101093620199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 05th August 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102874/2019
Registration Date
07 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 13-01-2020
    Business: Court is busy recording of evidence in Suit No.1055 of 2008, Suit No. 3293 of 13 and Suit No.2864 of 2014, hence board discharge.
    Matter is adjd. for directions to 18/03/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Adv.Ram Nakti for plaintiff is present.
    Plaint
    Vakalatnama of Plaintiff in Plaint.
    Memorandum of address.
    He filed  Service affidavit of Letter of request.
    He filed service affidavit of writ of summons.
    Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Matter is adjd. for passing Orders against defendant. To 29.06.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Business: national lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present for plaintiff.
    Adv.Chandramore for BMC present.
    Adv.Sachin Kadam for state present.
    Matter is adjd. to 08.03.2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Qureshi for the plaintiff
    Adv. Khatib for the defendant No.1.
    Defendants No.1 and 2 were served with summons. However, they  have failed to file reply to WS. Hence, the suit to proceed without WS against them.
    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 04/05/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: due to covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Chourisya for the plaintiff present.
    Adv. Khatib for the defendant No.1.
    On oral request of the ld. advocate for the plaintiff, matter is adjd. to 16/11/2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv. Mr.  S. K. Chourasiya for the plaintiff present.
    Adv. Priyanka Gaonkar h/f Adv. Martina Sapkal for the defendant No.1 present.
    Adv. Chandramore for defendant/BMC present.
    The plaintiff is directed to issue paper publication notice in wide circulation news papers.
    Matter is adjd. to 07/01/2022 for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Court is on Leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv Mr.S.K.Chaursiya for plaintiff present and files affidavit of compliance a/w paper publication. TOR.
    Adv Khatib for defendant no.1 present and seeks time to file WS.
    Adv.Chandramore for defendant no.2/BMC present.
    Ld. advocate for the plaintiff files affidavit of examination in chief a/w documents TOR
    List of document TOR
    Matter is adjd. to 23.03.2022 for reply on documents/admissible denial.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: PO is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Adv. S.K. Chourasiya for plaintiff present.
    Adv. Chandramore for BMC present.
    Adv. Khatib for State present.
    Suit to proceed without written statement  as defendants have not filed written statement Plaintiff has already filed affidavit of examination in chef.
    Examination in chief and cross examination of PW1 commenced and completed.
    Documents at Sr. no.1
    3 original newspapers in which missing news of Janu Shelke was published.
    Photograph at page no. 12
    Ld. Adv. for plaintiff files pursis closing the evidence .TOR
    Matter is proceeding without written statement of defendants.
    Hence oral evidence of defendants is closed.
    Matter is adjd. to 06-06-2022  for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Adv.Rajesh Ghure h/f Adv. Chourasiya for plaintiff present.
    Adv. Chandramore for BMC present.
    Adv. Sachin Kadam h/f Adv. Khatib for State present.
    Matter is adjd. to 29-06-2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: court is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. S. K. Chaurasiya for plaintiff present.
    Adv. Khatib for defendant No. 1 present.
    Adv.Chandramore for defendant/BMC present.
    Heard both the sides.
    Matter is adjd. to 25.07.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Sushil K. Chaurasia for plaintiff present.
    Adv. Khatib for defendant no. 1 present.
    Judgment.- Exh.12.
    F.R.S.R. the following order is passed.
                               ORDER
    1. The Suit is hereby decreed.
    2. It is hereby declared that Mr. Janu Shankar Shelke shall presume to be dead as he was found unheard for a period more than seven years and consequently, he is presumed to be dead until contrary is proved.
    3. No order as to costs of the suit.
    4. Decree be drawn accordingly.
    5. The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 05-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111706/2019
    Filing Date: 23-10-2019
    First Hearing Date: 13th January 2020
    Decision Date: 05th August 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Aug 2022
    Order Details: Other
    Pdf Text: Adv. Sushil K. Chaurasia for plaintiff present. Adv. Khatib for defendant no. 1 present.
    Judgment. Exh.12. F.R.S.R. the following order is passed. ORDER 1. The Suit is hereby
    decreed. 2. It is hereby declared that Mr. Janu Shankar Shelke shall presume to be dead as
    he was found unheard for a period more than seven years and consequently, he is
    presumed to be dead until contrary is proved. 3. No order as to costs of the suit. 4. Decree
    be drawn accordingly. 5. The suit stands disposed of accordingly.
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