Date: 16-01-2020
Business: Adv. Bhandari for Plaintiff is present. He seeks time for tendering affidavit of service. O granted. He filed Writ of Summons/ letter of request. TOR.
Adv. Chandramore for defendant no.2 and 3 is present. She seeks time for tendering WS. O granted subject to stipulation in CPC.
Adv. Shukla h/f Adv. Kapse for defendant no. 1 is present. He seeks time for tendering WS. O granted subject to stipulation in CPC.
Matter is adjd. for Written Statement of defendant no. 1 to 3 and to 09/03/2020 .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: None present for the Plaintiff.
Adv. Mr. Kudalkar for Defendant No. 1 present.
Adv. Ms. Chandramore for BMC/Defendant no. 2 and 3 present.
No Written Statement filed. Suit to proceed without WS.
Matter is adjd. to 9.06.2020 for hearing without WS.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: None for plaintiff.
Adv. Mr. Kapse for the defendant No.1.
Matter is adjd. to 21/04/2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Due to Covid-19, matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: due to covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Plaintiff is absent.
Adv. Mr. S. B. Bhandary for the plaintiff present.
None for defendants.
On oral request of ld. advocate of the plaintiff, matter is adjd. to 10/12/2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv Mr.Bhandari present for the plaintiff.
Adv Kapse present for the state/ defendant no.1
Adv Chandramore present for the corporation/ defendant no.3
Adv for the plaintiff filed evidence affidavit TOR
List of documents TOR
Matter is adjd. to 06.01.2022 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Court is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Due to Covid-19 Pandemic.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv Mr.Bhandari for plaintiff present.
Adv.Chandramore for defendant no.3/BMC present.
None present for the State.
It appears that there is no paper publication of the writ of summons. Considering the relief sought in the suit, plaintiff is directed to publish the writ of summons in one local and one National news paper, preferably in one Marathi and English news paper.
Matter is adjd. to 26.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: None present for plaintiff.
Adv. Ms. Chandramore for defendant No. 3/MCGM is present.
None present for defendant Nos. 1 and 2.
As plaintiff and his advocate are absent.
Matter adjourned for compliance/Order to 05.07.2022.
LO at 12.05 pm.
Adv. Mr. S.D. Bhandari for plaintiff is present and tendered application for issuance of fresh paper publication of writ of summons. TOR. Marked as exhibit 04.
O- In view of Order dated 16.02.2022 plaintiff is allowed to serve the writ of summons by paper publication as sought.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv S.B. Bhandari present for plaintiff and tendered application of Writ of summons in newspapers. TOR and submitted that order dtd 16.02.2022 is complied.
Adv Chandramore present for defendant/MCGM.
Adv Khatib present for defendant no. 01.
Matter adjourned for admission denial on exh-03 to 02.08.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Bhandari present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant/MCGM.
Adv. Priyanka gavkar hf. Adv. Kapse present for deff. No 01 and sought adjournment.
None present for other defendants.
Matter adjourned for admission and denial to 29/08/22.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. kapse present for deff. no. 01.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendant 02.
kb
l.o. at 12.07 pm.
Adv. Kapse present for defendant no. 01 and filed say on admission and denial.
Adv. S. D. Bhandari present for plaintiff.
Matter adjourned for hearing on admissibility of documents to 16/09/22.
Next Purpose: HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 03/MCGM.
Adv. Vaibhavi pawar hf adv. Kapse present for defendant no 01.
None present for other defendant 02.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents/order to 01/11/22.
l.o. at 11.25 am.
Adv. S. B. Bhandari present for the plaintiff.
Next Purpose: HEARING
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: None present for plaintiff.
Adv. Pratik korgaonkar hf adv. kapse present for defendant 01.
Adv. Chandramore present for defendant 03/MCGM.
None present for other defendant 02.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents to 01/12/22.
Next Purpose: HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Bhandari present for plaintiff.
Adv. Chandramore present for defendant/MCGM.
Adv. Kudalkar hf adv. Kapse present for the defendant no. 01.
None present for other defendant 02.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 03 on admissibility of documents below Exh. 03.
Matter adjourned for order as to admissibility of documents to 14/12/22.
Next Purpose: ORDER
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. S. B. Bhandari present for plaintiff.
Adv. Khatib present for defendant 01.
None present for other defendants.
As court is busy in Recording evidence in suit no.4942/2008. Hence,
Matter adjourned for order on admissibility of documents to 22/12/22.
Next Purpose: ORDER
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Court is on leave, adjourned to
Next Purpose: ORDER
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: Adv. Bhandari present for plaintiff.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendant no. 01 and 02.
kb for arguments.
None present till 02.00 pm. Hence, Matter adjourned for hearing on admissibility of documents to 07/02/23.
Next Purpose: HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Bhandari present for plaintiff and submitted that, matter is for order on admissibility of documents and it is wrongly shown in the caption of hearing.
Adv. Kapse present for defendant no. 01.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendants.
Following order as to admissibility of documents is passed below list of documents Exh. 03.
Order- Perused the affidavit in lieu of examination in chief of plaintiff Exh. 02, list of documents Exh. 03, documents filed therewith and say of admission and denial of defendant no. 01 and 03. Heard arguments advanced of ld. Advocate for plaintiff and ld. Advocate for defendant no. 01 and 03.
1) The document at sr. no.1 is the death certificate of plaintiff\''s father issued by the Registrar Cum Village Officer in discharge of its public function. Hence, document at sr. no.1 is taken on record and marked as Exh.5.
2) The document at sr. no.2 is the copy of Government Gazette dt. 22/07/1999 for change of name published by the Government Printing Press. Hence, document at sr. no.2 is marked as Exh.6.
3) The document at sr. no.3 is the original school leaving certificate issued by the Headmaster, Chembur, Vidya Niketan High School. Pw no 01 has adduced proper evidence in respect of same. Hence, document at sr. no.3 is taken on record and marked as Exh.7.
4) The document at sr. no.4 is the Caste Certificate of plaintiff issued by Sub-Divisional Officer in discharge of his public function. Hence, document at sr. no.4 is marked as Exh.8.
5) The document at sr. no.5 is the copy of Government Gazette dt. 30/09/2004. Hence, document at sr. no.5 is marked as Exh.9.
6) The document at sr. no.6 is the photocopy of letter issued by defendant no. 02. Being photocopy, the above document is not admissible. Pw no 01 has not laid foundation for leading secondary evidence. Hence, document at sr. no.6 is marked as Article- P-1.
Matter adjourned for cross examination to 23/02/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Bhandari present for plaintiff.
Adv. Kapse present for defendant no. 01.
Adv. Chandramore present for defendant no. 03/MCGM.
None present for other defendant no. 02.
PW 01 is present.
Cross examination of pw 01 by advocate for defendant no. 02 and 03 is recorded completed at Exh. 02.
Adv. For plaintiff tendered evidence closure pursis. t.o.r. marked as Exh. 10.
Adv. For defendants submitted that, they do not want to lead evidence. Hence, Matter adjourned for final arguments to 11/04/2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Bhandari present for plaintiff.
Adv. kapse present for defendant no. 01.
Adv. Chandramore present for defendant no. 02 and 03/MCGM.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 02 and 03.
As the defendant no. 01 absent at the time of arguments, Matter adjourned for arguments of defendant no. 01/judgment to 27/04/23.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. Bhandari present for plaintiff.
Adv. Kapse present for defendant no. 01.
Adv. Chandramore present for defendant no. 2 and 3/MCGM.
Heard final arguments of ld. Advocate for defendant no. 01.
Matter adjourned for judgment to 28-04-23.
Next Purpose: JUDGMENT
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Bhandari present for plaintiff.
None present for defendants.
F.R.S.R. Judgment is delivered and following order is passed.
ORDER
1) Suit is decreed with costs.
2) It is hereby declared that, Mr. Hemant Sampat Gotpagar and Hemant Sampat Gokhale are one and the same person. i.e. Hemant Sampat Gokhale i.e. plaintiff.
3) Decree be drawn up accordingly.
4) Original documents be returned to the plaintiff after laps of the appeal period as per rules.
Proceeding is closed.
Nature Of Disposal: DECREED
Disposal Date: 28-04-2023