Date: 16-01-2020
Business: Adv. Swati Raut for Plaintiff is present.
Plaintiff No.1 and 3 are present
Issue writ of summons through bailiff of sheriff office and simultaneously through R.P.A.D./speed post and paper publication for defendant No.1
Matter is adjd. for proof of service to 09.03.2020 .
Next Purpose: SERVICE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Plaintiff nos. 1 and 3 present. Adv. Ms. Swati Raul for the Plaintiff present and she filed writ of summons. The Defendant no. 1 is reported unserved as left premises. He was sought to be served by paper publication and RPAD. The adv for the Plaintiff submits that the summons is duly published, but, RPAD acknowledgment is yet not received.
Matter is adjd. to 27.03.2020 for filing service affidavit alongwith RPAD and Paper publication.
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Ms. Swati for the plaintiff.
None for defendants.
Matter is adjd. to 21/04/2021 for proof of service.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Due to Covid-19, matter is adjd. to
Next Purpose: SERVICE
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Adv.Jitesh Yadav for plaintiff.
None for defendant.
Adv.for plaintiff filed by affidavit of Service.
Matter is adjd. to 13.08.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Raul h/f Adv. Uma Wagle for the plaintiff present.
None for defendants.
Matter is adjd. to 30/09/2021 for filing service of proof.
Next Purpose: SERVICE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Ms. Raul for the plaintiff present.
None for other defendants.
Adv. Bijal Gandhi for defendant No.3 (Exh.) to 3 (g) present and filed application for issuance of fresh writ of summons to defendant No.2.
O- Allowed. Issue fresh summons to defendant No.2.
Matter is adjd. to 04/12/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv Urmila H/f Adv Uma Kshirsagar present for the plaintiff.
None present for the defendant.
Adv for the plaintiff service affidavit TOR
Adv Mr.Kapse present for the defendant no.2
Matter is adjd. to 18.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Jadhav for plaintiffs present.
Adv. Sachin Kadam for D/2 present.
It appears that service is complete.
Ld. adv. for defendant No.2 seeks time to file W/S. Ld. adv. for plaintiff submits that the BMC is not made party to the suit. He seeks time to file appropriate proceeding for the same. Hence, matter is adjd.
Matter is adjd. for W/S (subject to the limitation) of defendant No.2 and steps to 12/4/2022.
Next Purpose: SERVICE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Swati Raul present for plaintiff.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Darshit Jain hf adv. kadam present for defendant 02 and tendered an application for deleting the name of df. no. 02 t.o.r. marked as Exh. 06.
From the affidavit of service, it appears that, df. no. 01 is served by paper publication but failed to appear. Hence, suit to proceed exparte against df. no. 01 Matter adjourned for say on exh. 06 to 21/06/22.
Next Purpose: FILING SAY
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Swati Raut present for plaintiff and submitted that, plaintiff don\''t want to file reply to Exh. 06.
Adv. Sachin kadam present for defendant 02.
Matter adjourned for hearing on Exh. 06 to 21/07/22.
Next Purpose: HEARING
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: As presiding officer is on leave. Hence matter is adjd. to
Next Purpose: HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Sue motu matter taken on Board.
There appear elements of settlement. Therefore, matter be
kept in upcoming lok-adalat dt. 13/08/22.
Issue Notice of lok adalat to the Parties.
Matter is adjd. For lok-adalat on 13/08/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present. Matter not settled.
Matter is adjd to 19.08.2022.
Next Purpose: HEARING
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None present for plaintiff.
Adv Sachin Kadam present for defendant no. 02.
Heard arguments Ld Adv for defendant no. 02 on application exh-06.
As plaintiff and their Adv are absent.
Matter adjourned for argument of plaintiff on exh-06 to 29.09.22.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Swati Raul ib. Uma Kshirsagar present for plaintiff.
Adv. Sachin kadam present for defendant no. 02.
Heard arguments of ld. Adv. For plaintiff on Exh. 06.
Matter adjourned for order on Exh. 06 to 08/10/22.
Next Purpose: ORDER
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: None present for plaintiff.
Advocate Darshan Jain h/f Advocate Kadam present for defendant no.02.
None present for other defendants.
KB
Advocate Jitesh Jadhav on behalf of Uma Khirsagar Wagle present for petitioner.
As court is busy in dictating orders in Notice of Motion no. 3395/2022, Notice of Motion no. 2708/2022 & Notice of Motion no. 776/2021.
Matter adjourned for order on Exh-06 to 31.10.2022.
Next Purpose: ORDER
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Swati Raul present for plaintiff.
Adv. Sachin Kadam present for defendant no. 02.
None present for other defendants.
Following order is passed on Exh. 6.
ORDER
Perused the application and record. Heard Ld. Advocate for defendant no. 2 and Ld. Advocate of plaintiff.
From the record it appears that, plaintiff has filed the present suit for the declaration that Mr. Krishnakant Ganpat Pantwalawalkar is dead. From the record it appears that plaintiff has not joint Government as a party as per Order 27 Rule 5-A of C.P.C. and defendant no. 2 is joined as a formal party and no relief are claimed against defendant no. 2. Considering, the nature of suit, defendant no. 2 do not appear to be either necessary or proper party. Hence, it will be appropriate to struck out the name of defendant no. 2. Hence, the following order.
ORDER
1. Application Exh. 6 is made absolute.
2. Plaintiff shall take necessary steps for proceeding further with the suit.
Matter adjourned for steps to 14/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Sue motu matter taken on Board. There appear elements of settlement. Therefore, matter be kept in upcoming lok-adalat dt. 12/11/22. Issue Notice of lok adalat to the Parties. Matter is adjd. For lok-adalat on 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: None present. No business.
Matter adjd to 14.12.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Swati rahul ib adv. Uma wagale present for plaintiff and sought adjournment.
None present for defendant.
Matter adjourned for steps to 23/01/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: None present for plaintiff
None present for defendants.
As plaintiff and his adv. are absent, and did not take steps, Matter adjourned for order to 23/02/23.
l.o. at 01.00 pm
Adv. Jitesh Jadhav on behalf of Uma Kshirsagar wagle present for plaintiff.
Next Purpose: ORDER
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None present for plaintiff.
None present for defendants.
From the record it appears that, since long plaintiffs and their advocates are absent and did not take steps for proceeding further with the suit and for service to defendant no. 01.
Hence, Matter adjourned for proof of service to defendant no. 01/dismissal order to 28/03/23.
l.o. at 01.26 pm.
Adv. Jitesh jadhav present for plaintiff and filed application for adjournment. t.o.r. marked as Exh. 16.
Order on Exh 16.
O- Matter is already adjourned to 28/03/2023. Hence, application is infructous and it is disposed of as filed.
Next Purpose: SERVICE
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Swati Raul hf adv. Uma kshirsagar present for plaintiff and tendered draft cs @ Affidavit. t.o.r.
O- Leave granted to register..
None present for defendants.
Matter adjourned for service and reply to chs. To 05/06/23.
Next Purpose: C/S REPLY
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Ritesh Jadhav present for plaintiff.
None present for defendant.
Matter adjourned for Ch/s. Reply to 07.07.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Adv. Swati Jadhav present for plaintiff and tendered Affidavit of Service in respect of CS No. 902/23.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Ch/s reply to 28.08.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: Adv. Jitesh Jadhav h/f. Adv. Uma Wagle present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Ch/s reply to 19/10/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Adv. Jitesh Jadhav h/f. Adv. Uma Kshirsagar-Wagle present for plaintiff.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Ch/s reply to 15.12.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: None present for plaintiff.
Adv. Swati Jadhav present for applicant in Ch/s.
Adv. Chandramore present for defendant/BMC.
Plaintiff is directed to tendered registered Ch/s. on next date.
Matter adjourned for Ch/s reply to 13.02.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 13-02-2024
Date: 13-02-2024
Business: None present for plaintiff.
Adv. Jitesh Jadhav h/f. Adv. Kshirsagar present for applicant in chamber summons.
Adv. Chandramore present for defendant/BMC.
Plaintiff is directed to tendered registered Ch/s. on next date
Matter adjourned for Ch/s reply to 30.03.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: None present for plaintiff.
None present for applicant in chamber summons.
None present for defendant/BMC.
Matter adjourned for Ch/s reply to 02.05.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: None present for plaintiff.
Adv. Pradnya Chandramore present for defendant/BMC.
Adv. Sachin Kadam for State/defendant present.
Matter adjourned for Ch/s reply to 07.05.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: Adv. Swati Jadhav present for plaintiff. She tendered search praecipe for record and proceeding. Taken on record and marked as Exh.17.
O-Allowed.
Adv. Pradnya Chandramore present for defendant/BMC.
Adv. Khedekar h/f. Adv. Sachin Kadam for State/defendant present.
Matter adjourned for Ch/s reply to 09.05.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: Adv. Swati Jadhav i/b Adv. Uma Kshirsagar Wagle present for plaintiff and filed an application for reconstruction of chamber summons alongwith affidavit No.902/23 Taken on record and marked as Exh.18 O- Other sides to say.
Adv. Pradnya Chandramore present for defendant/BMC.
Copy of Exh.18 served to BMC.
Matter adjourned for filing say on Exh.18 by defendant/BMC and Ch/s reply to 10-07-2024.
Next Purpose: C/S REPLY
Next Hearing Date: 10-07-2024
Date: 10-07-2024
Business: Adv. Jeetesh Jadhav present for plaintiff
Adv. V. G. Shinde present for defendant/BMC. He endorsed say on Exh.18 itself.
Adv. Sachin Kadam for defendant/State present.
Matter adjourned for filing say on Exh.18 by defendant/BMC and Ch/s reply to 09.08.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Adv. Swati Jadhav present for plaintiff
Adv. Apurva Dalal for defendant/BMC present.
Adv. Sachin Kadam for defendant/State present.
Matter adjourned for filing say on Exh.18 by defendant/BMC and Ch/s reply to 02.09.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Swati Jadhav present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present. She endorsed say on Exh.18 itself.
Matter adjourned for Hearing on Exh.18 by defendant/BMC and Ch/s reply to 20.09.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Adv. Swati Jadhav present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for Hearing on Exh.18 by defendant/BMC and Ch/s reply to 03.10.2024
Next Purpose: C/S REPLY
Next Hearing Date: 03-10-2024
Date: 03-10-2024
Business: Adv. Padmavati Vaishya j/f. Adv. Uma Kshirsagar present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for Hearing on Exh.18 by defendant/BMC and Ch/s reply to 19.10.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: Adv. Swati Jadhav h/f Adv. Uma Kshirsagar present for plaintiff.
Adv. Apurva Dalal for defendant/BMC present.
Record does not show that plaintiff submitted registered copy of Ch/s No.902/2023. Ld. Counsel of plaintif submitted duplicate copy of Ch/s No.902/2023. She is unable to tender registered copy of Ch/s, hence duplicate copy of Ch/s is tendered.
Exh.18 is not pressed by plaintiff. Hence, application is filed.
Matter adjourned for hearing on Exh.18 by defendant/BMC and Ch/s reply to 18.12.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Date: 03-02-2025
Date: 28-04-2025
Business: Adv. Simran Wagle i/b. Adv. Uma Kshirsagar-Wagle for plaintiff present.
Adv. Apurva Dalal for defendant/BMC present.
Plaintiff has not complied the order dated 31.10.2022 passed below Exh.6. As no amendments are carried out by plaintiff, the matter is stands still pending since October-2022. The plaintiff needs to take appropriate steps to delete defendant Nos.1 and 2 and move necessary application, if already not moved, for bringing necessary parties on record i.e. BMC and State through concerned Police Station.
Matter adjourned for steps to 09.06.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: Adv. Swati Raul i/b. Adv. Uma Kshirsagar-Wagle for plaintiff present and filed application Exh.19 for extension of time. Time extended till next date as a last chance.
Adv. Apurva Dalal for defendant/BMC present.
Matter adjourned for compliance to 02.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2025
Date: 02-07-2025
Business: Adv. Swati Jadhav i/b. Adv. Uma Kshirsagar-Wagle for plaintiff present.
Adv. Amit Kapse for defendant Nos.2 and 3 present and filed memo of appearance Exh.20. Taken on record.
Adv. Apurva Dalal for defendant No.4/BMC present.
Matter adjourned for written statement to 06.08.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: None present for plaintiff.
Adv. Amit Kapse present for defendant no 2 and 3 state.
Adv. Apurva Dalal present for defendant no 4 BMC.
Both seek time to filing written statement. Time granted.
By order dated 30.10.2022 pass below Exh-06, plaintiff has caried out amendment, hence chamber summons no 902/2023 as become infructous. Hence disposed off.
Matter adjourned for written statement of defendant no 2 to 4 to 15.09.2025.
Judge
Later on at 3.00 p.m.
Adv. Swati Jadhav present for plaintiff.
Alredy Matter adjourned for written statement of defendant no 2 to 4 to 15.09.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: None for plaintiff.
Adv. Suraj Kudalkar a/w. Adv. Amit Kapse for defendant No. 2 and 3/State present.
Adv. Apurva Dalal for defendant No./4 BMC present.
Both defendants seek time for filing written statement. Time granted.
Matter adjourned for written statement of defendant No. 2 to 4 to 08.10.2025.
Judge
Later on at 12.07 p.m.
Adv. Jigna Modi i/b. Adv. Uma Wagle for plaintiff present.
Matter is already adjourned for written statement of defendant No. 2 to 4 to 08.10.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: None present for plaintiff.
Adv. Amit Kapse for defendant No. 2 and 3/State present and seek time to file written statement. Time granted.
Adv. Apurva Dalal for defendant No./4 BMC present.
Defendant No.4 failed to file written statement. Hence, suit is proceeded without written statement of defendant No.4/BMC.
Matter adjourned for written statement of defendant No. 2 to 3 to 26.11.2025.
Judge
Later on at 12.24 p.m.
Adv. Simran Wagle i/b. Uma Wagle for plaintiff present.
Matter is already adjourned for written statement of defendant No. 2 to 3 to 26.11.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2025
Date: 26-11-2025
Business: None present for plaintiff.
Adv. Amit Kapse for defendant No. 2 and 3/State present and seek time to file written statement. Time granted as a last chance.
Adv. Aslam Tadvi for defendant No./4 BMC present.
Matter adjourned for written statement of defendant No. 2 to 3 to 09.01.2026.
Judge
Later on at 12.07 p.m.
Adv. Saurav Gupta i/b. Adv. Uma Wagle for plaintiff present.
Matter is already adjourned for written statement of defendant No. 2 to 3 to 09.01.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-01-2026
Date: 09-01-2026
Business: None present for plaintiff.
Adv. Namrata Kharat h/f. Adv. Amit Kapse for defendant No. 2 and 3/State present and seek time.
Adv. Aslam Tadvi for defendant No./4 BMC present.
Matter adjourned for written statement of defendant No. 2 to 3 to 02.02.2026.
Judge
Later on at 12.20 p.m.
Adv. Jigna Modi i/b. Uma Wagle for plaintiff present.
Matter is already adjourned for written statement of defendant No. 2 to 3 to 02.02.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2026
Date: 02-02-2026
Business: Adv. Jigna Modi i/b. Uma Wagle for plaintiff present. Adv. Amit Kapse for defendant No. 2 and 3/State present and seek time to file written statement. Sufficient time is already granted. Hence matter is proceeded without written statement of defendant Nos. 2 and 3.
Adv. Aslam Tadvi for defendant No.4/BMC present.
PSI Samil Parab, Shivaji Park is present.
Matter adjourned for draft issues to 09.04.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Adv. Jigna Modi i/b. Adv. Uma Wagle for plaintiff present and endorsed say on draft NM filed by defendant Nos 3/State.
Adv. Amit Kapse for defendant No. 3/State present and tendered draft NM along with affidavit in support. Leave to register granted.
Adv. Aslam Tadvi for defendant No.4/BMC present.
Heard Ld. Adv. for both sides on draft NM filed by defendant Nos. 3/State.
F.R.S.R. following order passed on draft Notice of Motion filed by defendant No.3.
ORDER
(i). Draft Notice of Motion in Suit No.3368/2019 is allowed.
(ii). Delay to file written statement by defendant No.3 is condoned and No written statement order against defendant No.3 dated 02.02.2026 is set aside.
(iii). Defendant No.3 is directed to get registered this Draft Notice of Motion, till the next date, for the statistical purpose.
(iv). Draft Notice of Motion in Suit No.3368/2019 accordingly, disposed off.
Judge
Ld. Adv. for plaintiff tendered draft issues. Taken on record. O-Seen.
Matter adjourned for draft issues by defendants to 21.04.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2026
Date: 21-04-2026
Business: Adv. Simran Wagle for plaintiff present.
Adv. Amit Kapse for defendant Nos.2 and 3/State present and filed WS. TOR and marked as Exh.21.
Adv. Aslam Tadvi for defendant No.4/BMC present.
Exh.22-Issues are framed.
Matter adjourned for Hearing/Recording evidence to 05.05.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Plaintiff No.1 present.
Adv. Uma Kshirsagar a/w. Adv. Simran Wagle for plaintiff present and tendered affidavit of evidence. Taken on record and marked as Exh.22. O- R and R.
She also tendered list of documents. Taken on record and marked as Exh.23. O-Other side to say. Copy of Exh.22 and Exh.23 served on defendant/BMC.
Adv. Aslam Tadvi for defendant/BMC present and endorsed say on Exh.23.
Adv. Amit Kapse for defendant/State present and endorsed say on Exh.23.
Matter adjourned for hearing on admissibility of documents to 17.06.2026.
Next Purpose: HEARING
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: Not on board, taken on board by praecipe Exh.25. O-Allowed to take on board today.
On perusal of roznama it appears that, Exh.22 was to given to issues as well as affidavit of examination in chief. Therefore exhibit requires to be corrected. Exhibit of Affidavit of examinaiotn in chief be corrected as Exh.23 and Exhibit of list of documents which was produced on last date be corrected as Exh.24.
Adv. Saurav Gupta h/f. Adv. Simran Wagle for plaintiff present and tendered application to correct roznama. Taken on record and marked as Exh.26. O-Perused endorsement of Sheristedar at Exh.24, today mention in Roznama that, documents filed on last date with list (Exh.24). Documents at Sr. No.2,3,4,7,8,9 and 10 are originals.
Matter is already adjourned for hearing on admissibility of documents to 17.06.2026.
Next Purpose: HEARING
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Uma Kshirsagar-Wagle for plaintiff present.
Adv. Aslam Tadvi for defendant/BMC present.
Keep back.
Later on at 01.43 p.m.
Adv. Uma Kshirsagar-Wagle for plaintiff present and tendered draft chamber summons along with affidavit in support. Leave to register granted.
None present for defendants.
Keep back.
Later on at 04.02 p.m.
Adv. Uma Kshirsagar-Wagle for plaintiff present and tendered registered Ch/s. No.1337/2026. Taken on record.
Adv. Aslam Tadvi for defendant/BMC present and endorsed say on Ch/s. No.1337/2026.
Adv. Suraj Kudalkar h/f. Adv. Amit Kapse for defendant/State present and endorsed say on Ch/s. No.1337/2026.
Heard Ld. Adv. for both sides on Ch/s. No.1337/2026.
ORDER ON CHAMBER SUMMONS NO.1337/2026
This chamber summons is taken out by plaintiff for deleting name of defendant No.1 and corresponding amendments in plaint. According to plaintiff, defendant No.1 is a missing person, for whose death declaration, this suit is filed. Now plaintiff is informed that, the missing person cannot be made party-defendant. Hence, his name requires to be deleted.
On behalf of defendant Nos.2 and 3, Ld. Adv. endorsed say on this chamber summons and submitted to the orders of the Court. On behalf of defendant No.4, say is endorsed on this NM and submitted to pass appropriate order subject to cost.
I thoughtfully considered rival contentions. This appears to be a technical amendment. This suit is for declaration of civil death of Krishnkant Ganpat Pantwalawalkar. However, he is also made defendant No.1. Therefore plaintiff is deleting his name in title clause so also seeking corresponding amendments. This amendment will not change the nature of the suit or withdraw any admission. Hence, in the interest of justice, strongly recommends to allow the amendment for determining real question in contravorcy. Being technical amendment, I am not inclined to impose any cost. Hence, I pass following order
ORDER
1. Chamber Summons No.1337/2026 is allowed.
2. Plaintiff to carry out necessary amendment till next date in plaint and file amended copy of plaintiff simultaneously.
3. Chamber Summons No.1337/2026 is disposed off accordingly.
Matter adjourned for Compliance and hearing on admissibility of documents to 03.07.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2026
Date: 03-07-2026
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2026
Date: 10-07-2026
Business: Plaintiff Nos. 1 and 3 present.
Adv. Kapse for defendant nos. 1 and 2 present.
Adv. Tadvi for defendant no. 3 present.
Adv. Uma Kshirsagar-Wagle for plaintiff present. Adv. Aslam Tadvi for defendant/BMC present.
Plaintiff tendered amended plaint. It is marked as Exh.1A. Taken on record.
ORDER BELOW EXHIBIT-24
Heard Ld. Advocate for the plaintiff. Adv. Kapse and Adv. Tadvi for the defendant. Documents at Sr. nos.1 to 4 being original public document, those are marked as Exh.27 to 30. Documents at sr. no. 7 and 8 are original newspapers. Those are marked as Exh. 31 and 32. Document at sr. no. 9 is original missing certificate. It is marked as Exh. 33. Document at sr. no. 10 is original letter issued by Sr.PI Shivaji Park Police Station Dadar. It is marked as Exh. 34.
Cross of PW-1 completed.
Plaintiff filed evidence close pursis. Exh.35. O- Seen and filed.
Defendants endorsed on Exh.35 that they dont want to lead evidence. Hence keep for final argument.
Matter adjourned for Final Arguments to 13/07/2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: Adv. Uma Kshirsagar-Wagle for plaintiff present.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Amit Kapse for defendant/State present.
Heard Ld. Adv. for both sides.
Matter adjourned for reply argument to 17.07.2026.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-07-2026
Date: 17-07-2026
Business: Adv. Uma Kshirsagar-Wagle for plaintiff present.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Amit Kapse for defendant/State present.
Court is busy hearing and passing order in Ch/s.1608/2026 and Ch/s. No.221/2025.
Matter adjourned for reply argument to 18.07.2026.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-07-2026
Date: 18-07-2026
Business: None present for plaintiff.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Amit Kapse for defendant/State present.
Court is busy in hearing final argument in Suit No.3581/2009 and Suit No.302/2016 and hearing and oder on Notice of Motion No.4738/2025.
Matter adjourned for reply argument to 21.07.2026.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-07-2026
Date: 21-07-2026
Business: Adv. Jigna Modi i/b. Adv. Uma Kshirsagar for plaintiff present.
Adv. Aslam Tadvi for defendant/BMC present.
Adv. Amit Kapse for defendant/State present.
Heard reply argument.
Exh.36- Judgment.
F.R.S.R. following judgment passed
ORDER
1. The suit is partly decreed.
2. It is hereby declared that Krishnakant Ganpat Pantwalawalkar, who has been missing since 20.07.2010, shall be presumed dead in terms of section 108 of the Indian Evidence Act, 1872.
3. The parties to bear their own costs.
4. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 21-07-2026