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SUIT - SHORT CAUSE CIVIL SUIT

Mrs. Vijaya S. JadhavVsState Of Maharashtra Through Senior Inspector Of Police N.M. Joshi Marg Police Stn. +1 more

CNR MHCC0101251920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 02nd March 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100623/2021
Registration Date
18 Feb 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Indian Evidence Act · Sec 108

    Case History / Proceedings

    Case History
    Date: 15-04-2021
    Business: Due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to COVID-19 pandemic.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv Mr.Chavhan present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 09.03.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: None present for the parties.
    Matter is adjd. to 20-06-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: None present for parties
    Matter is adjd. to 05-09-2022 for  service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: As Court is busy in dictating order in ch/s no. 55/19 in suit no. 959/10 and Suit No. 1855/22.
    Hence, Matter is adjd. to 02.11.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: Adv. Rajesh Dumbare for plaintiff present and seeking time for filing service affidavit. Time granted.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjd. to 19.11.2022 for service affidavit.
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Plaintiff and her Adv. Rajesh Dumbare present and seeking time for filing service affidavit. Time granted.
    None present for defendant.
    Matter is adjd. to 21.01.2023 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Adv. Rajesh Dumbare for plaintiff present and submitted that he is going to file service affidavit.
    None present for defendant.
    At the request of advocate for plaintiff matter is kept back.
    LO at 1.04 pm
    Exh.1- Plaint
    Exh.2-VN
    Exh.3-Memorandum of Address
    Exh.4- List of documents.
    Adv. for plaintiff filed service affidavit of Deft.nos. 1 to 3. He also filed application for seeking one week time to serve plaint copy to Deft.no. 4. TOR. It is marked at Exh.5. O - Application is Allowed.
    Matter is adjourned to 16.02.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Plaintiff is present.
    Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for Defendant /State present and she is going file written statement.
    None present for defendants.
    KB for plaintiff advocate.
    LO at 1.29 pm.
    Adv. Chandramore for defendant/BMC present and she is not going to file written statement.
    Adv. Rajesh Dumbre for plaintiff present.
    Matter is adjourned to 18.03.2023 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Representative of Plaintiff, Priya Dilip Ruke present.
    Adv. Chandramore for defendant No.2/BMC present.
    Perusing record, it appears that only defendant Nos. 1 and 2 party in this proceeding and rest of defendants are strike out.
    The defendant No.2/BMC is not going to file written statement, Hence, no written statement order is passed against them. Defendant No. 1 not filed written statement on record. Hence, time is granted to file written statement. Time is granted subject to limitation.
    Matter is adjourned to 16.06.2023 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Mr. Rajesh Dumbre  for the plaintiff is present.
    Adv. Mr. Priyanka Gaonkar h/f Adv. Sakpal for defendant No.1 is present.
    Adv. Ms. Chandramore for defendant No. 2/BMC is present.
    Adv. for defendant No. 1 filed WS. TOR. It is marked at Exh. 06. Copy is supplied to the other side.
    Adjourned for draft issues to 25.07.2023.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None present for the plaintiff.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 04.10.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: None present for the plaintiff.
    Adv. Ms. Martina Sakpal for defendant No.1/State is present.
    Adv. Mr. Khandagale h/f Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Issues framed. It is marked at Exh. 07.
    Matter is adjourned to 30.10.2023 for filing affidavit of evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: None for Plaintiff.
    Adv. Mr. Krishna Yadav h/f Adv.Ms.Martina Sakpal for defendant no.1 is present.
    Adv.Mrs.Chandrmore for defendant no.2 is present.
    KB. LO 3.31 pm
    None present for plaintiff.
    Adv. Mrs. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1 is present.
    Adv. Mrs.Chandrmore for defendant no.2 is present.
    Matter is adjourned to 02.12.2023 for affidavit of evidence.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: None present for the plaintiff.
    Adv. Mr. Amit Kapse for defendant No.1/State is present.
    Matter is adjourned to 21.12.2023 for filing affidavit of evidence.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None present for the plaintiff.
    Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
    Adv. Ms. Chandramore for defendant No.2/BMC is present.
    Matter is adjourned to 31.01.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Adv. Mr.Rajesh Dumbare for the plaintiff is present.
    Adv. Mr. Amit Kapse h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for plaintiff filed affidavit of evidence PW-1 Mrs.Vijaya S. Jadhav. O-R and R. Marked at Exh-8.
    Plaintiff is filed list of documents marked at Exh-9. Other side to say.
    Matter is adjourned to 14.02.2024 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Plaintiff is present.
    Adv. Mr. Rajesh Dumbre for the plaintiff is present.
    Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Adv. for defendant no.2 filed say on admission denial overleaf.
    Matter is adjourned to 28.02.2024 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Adv.Rajesh Dumbare for plaintiff is present.
    Adv. Ms.Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant no.1/State is present and filed say on admission denial. O-R and R.
    Adv. Mrs.Chandramore for defendant no.2/BMC is present.
    Perused reply filed by defendants on list of documents. Following documents at list (Exh-9) are exhibited.
    Copy of  certificate dated 29th April, 2013 issued by the Senior Inspector of Police Station Deliel Road, Mumbai marked at Exh-10.
    Copy of Permanent Certificate dated 22nd May, 2015 issued by Senior Inspector of Police about the missing of the Plaintiff’s father marked at Exh-11.
    Original copy of Ration Card showing name and address of the Bhiva S Mohite and other his family members marked at Exh-12.
    Railway Pass issued by Railway Authority marked at Exh-13.
    Copy of the pass book issued by Bank of Maharashtra Delisle Road Branch, Lower Parel, Mumbai marked at Exh-14.
    Copy of letter dated 2nd April, 2016 marked at Exh-15.
    Copy of letter dated 30th January, 2020 marked at Exh-16.
    Cross-examination by PW-1 Vijaya Shantaram Jadhav commenced and completed by defendant no.1 and 2.
    Adv. for plaintiff filed evidence close pursis marked at Exh-17.
    Heard argument by ld adv. for plaintiff and defendants.
    Matter is adjourned to 02.03.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: None for the plaintiff.
    Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
    Judgment is dictated and pronounced in open court.
    The Judgment marked at Exh-
    F.R.S.R. the following Order is passed on Suit No. 623 of 2021.
    - O R D E R -
    1.The  suit is hereby decreed.
    2.It is hereby declared that the father of the plaintiff Shri.Bhiva Sakharam Mohite 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    Shri.Bhiva Sakharam Mohite and to issue death certificate accordingly.
    4.No order as to costs of the suit.
    5.Decree be drawn up accordingly.
    6.The original documents, if any, be returned to the plaintiff after the appeal period is over.
    7.The suit stands disposed of accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 02-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113348/2019
    Filing Date: 02-12-2019
    First Hearing Date: 15th April 2021
    Decision Date: 02nd March 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Mar 2024

    Order Details: Copy of Judgment Pdf Text: 1 Lodged on : 02.12.2019 Registered on : 18.02.2021 Decided on : 02.03.2024 Duration : 04 Y : 03 M : 00 D EXHIBIT-18 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUIT NO. 623 OF 2021 (C.N.R. NO. MHCC01-012519-2021) Mrs. Vijaya Shantaram Jadhav ] Age 63 years,Occ. Housewife ] R/a. : B-197, Jijamata Nagar, ] Kalachowki, Mumbai – 400 033. ] ... Plaintiff. V/s. 1. The State of Maharashtra, ] Through Senior…

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