Smt. Sheela Balu KambleVsState of Maharashtra +1 more

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Business: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present for the plaintiff.
None present for the defendant.
Matter is adjd. to 07.04.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 06.07.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Due to covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None present.
Matter is adjd. to 22/11/2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on Leave..
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv Tejas Patil present for the plaintiff.
Adv Chandramore present for the corporation.
Date is extended for service of defendant no.1
Fresh summons is issued if required.
Matter is adjd. to 11.02.2022 for NM
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv Tejas Patil for plaintiff present.
None present for the defendant.
Adv for the plaintiff seeks extension of time for service of writ of summons and for issuing fresh writ of summons against defendant no.1. Time is extended. Issue fresh writ of summons against the defendant no.1. Plaintiff to comply.
Matter is adjd. to 30.04.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. Tejas Patil present for plaintiff and files service affidavit a/w letter of request. TOR.
Matter is adjd. to 30-06-2022 for WS subject to limitation.
Next Purpose: SERVICE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv.Tejas Patil for plaintiff present.
Adv. Khatib for defendant no. 1 present and seeking time to file WS.-O-Time granted subject to limitation.
Matter is adjd. to 15-07-2022 for WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None present for plaintiff
Adv. Kapse for defendant present. He submitted that he is going to file NM and seeking time. Time granted.
Matter is adjd. to 13.09.2022 for written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv.  Tejas Patil for plaintiff present.
None present for defendant.
Perusing record, it appears that plaintiff filed service affidavit and letter of request on 30.04.2022 since then the defendants failed to file their written statement. The Deft. No 1 seeking time on 30.06.2022 but he also not filed written statement within limitation. Hence, no written statement order passed against defendants and suit proceed without written statement.
Matter is adjd. to 17.11.2022 for hearing without WS.
LO at 12.46 pm
Adv. Kapse for deft/state present and submitted that he was busy in another court. The Written statement is ready and he is going to file Written Statement alongwith draft NM. Thereafter, He tendered draft NM alongwith affidavit in support. TOR. O - Leave is granted to register NM.
He also filed written statement. Hence, matter is keep for service affidavit and reply.
Defendant directed to serve the copy of WS and NM to plaintiff.
Matter is adjd. to 17.11.2022 for service affidavit and reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: As Court is on leave. Hence, board is discharged and matter adjd. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: Adv. Sandip Zalte for plaintiff present and filed reply to NM No. 3814/22 filed by the deft.no. 1.
As Court is busy in dictating order in NM no. 2419/21 in suit No. 447/17 and ch/s no. 776/18 in Suit No. 447/17. Hence, board is discharged.
Matter is adjourned to 20.02.2023 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Adv. Tejas Patil for plaintiff present.
Adv. Kapse for defendant No.1/State present and tendered filed registered Notice of Motion No. 3814/22 alongwith affidavit in support.
Adv. Chandramore for defendant No.2/BMC present.
No reply filed by the Defendant No. 2/BMC on Notice of Motion no. 3814/22. Hence, no reply order is passed against Defendant No.2/BMC.
Heard Ld. advocates of both the sides.
F.R.S.R. the following order is passed in Notice of Motion No. 3814 of 2022.
Order.
1. Notice of Motion No. 3814 of 2022 is made absolute.
2. No order as to costs.
3. Notice of Motion No. 3814 of 2022 is disposed of accordingly.
Matter is adjourned to 06.03.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present for the parties.
Matter is adjourned to 06.07.2023 for Draft issues.
LO at 11.37 pm.
Adv. Sandeep Zalte h/f Adv. Tejas Patil for plaintiff present and filed draft issues.
Matter is adjourned to 06.07.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Mr. Tejas Patil for the plaintiff is present.
Adv. Mr. Suraj Kudalkar for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2 /BMC is present.
Exh.1- Plaint.
Exh.2- VN
Exh.3- Memorandum of Address
Exh.4- List of documents.
Written Statement of defendant No. 1 which is already filed. Now, It is marked at Exh. 05.
Issues framed. It is marked at Exh. 06
Matter is adjourned to 14.07.2023 for filing evidence on affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
LO at 02:54 pm.
The plaintiff is present and filed affidavit of evidence. TOR. It is marked at Exh. 07. O- R&R. She also filed list of documents. TOR. It is marked at Exh. 08. O- Other side to say. Copies are supplied to both the sides.
Matter is adjourned to 31.07.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-07-2023

Date: 31-07-2023

Date: 29-08-2023
Business: The plaintiff is present.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Plaintiff seeks adjournment by submitting that today, her advocate is not present. On her request, matter is adjourned.
Matter is adjourned to 13.09.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 12:14 pm.
The plaintiff is present
Adv. Ms. Martina Sakpal for defendant No.1/ State is present.
Adv. for the defendant No. 1 and defendant No. 2 endorsed say on list of documents at exhibit 08.
Matter is adjourned to 29.09.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Adv. Mr. Sandeep Zalte h/f Adv. Tejas Patil for the plaintiff is present.
Adv. Ms. Priyanka Gaonkar h/f Adv. Amit Kapse for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at  01:08 pm.
Perused say filed by defendant Nos. 1 and 2 to the list of documents The following documents are marked at exhibits:
Service Certificate dtd. 13.07.2016. It is marked at Exh. 09.
Missing Certificate dtd. 15.05.2013. It is marked at Exh. 10
Permanent Missing Certificate dtd. 14.06.2013. Issued by Senior PI, Crime Brach, Mumbai. It is marked at Exh. 11.
Letter dtd. 30.11.2019. It is marked at Exh. 12
Matter is adjourned to 06.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: The plaintiff is present.
Adv. Mr. Sandeep Zhalte for the plaintiff is present.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
Adv. Ms. Meena Dhuri for defendant No.2/BMC is present.
Adv. for defendant No. 2 sought adjournment by submitting that today advocate on record is not available. Hence, matter is adjourned.
Matter is adjourned to 19.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: The plaintiff is present.
Adv. Mr. Sandeep Zhalte for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at  12:01 pm.
Adv. Mr. Amit Kapse for defendant No.1 / State is present.
PW-1 Smt. Sheela Balu Kamble is resumed on SA.
Cross-examination of PW-1 is commenced and completed by advocate for defendant Nos. 1 and 2.
Matter is adjourned to 25.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: The plaintiff is present. Her advocate is absent.
Adv. Ms. Chandramore for defendant No. 2/BMC is present.
Matter is adjourned to 06.11.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Adv. Mr.Sandip Zalte h/f Adv.Tejas Patil for the plaintiff is present.
Adv. Mrs.Chandramore for defendant no.2/BMC is present.
Adv for plaintiff filed evidence close pursis TOR marked as Exh.13.
KB. LO at 12.30 p.m.
Heard arguments of Ld. Adv. of plaintiff and Adv. of BMC.
Adjourned for Judgment to 09.11.2023.
Next Purpose: JUDGMENT
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: None present for the plaintiff.
Adv. Mr. Amit Kapse for defendant No.1/ State is present.
The judgment dictated and pronounced in open Court. The judgment is marked at Exhibit 14.
F.R.S.R. the following Order is passed in Suit No. 296/2020:
- O R D E R -
1.	The  suit is hereby decreed.
2.	It is hereby declared that the husband of the plaintiff Shri Balu Dhanu Kamble 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 Balu Dhanu Kamble 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: 09-11-2023

NOTICE OF MOTION/103814/2022

Registration Number: 100296/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 113904/2019
Filing Date: 13-12-2019
First Hearing Date: 20th March 2020
Decision Date: 09th November 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE