Date: 18-01-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: None present for plaintiff.
Adv. Chandramore for defendant no. 2 is present.
Adv. Kapse h/f Sakpal for defendant no. 1 is present.
Defendant no. 1 and 2 failed to file WS. Therefore, No WS order is passed against defendant No. 1and 2
Matter is adjd.for evidence without WS to 02/04/2020.
lo at 12.25 PM
Adv. P. M. Barge for plaintiff is present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: national lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None for plaintiff.
Adv Chandramore for the defendant no.2 is present.
Matter is adjd. to 26/03/2021 for No WS hearing.
L.O.
Plaintiff is present.
Adv. P.M. Burge for the plaintiff is present.
Matter is already adjd. to 26/03/2021 for No WS hearing.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Due to SOP only urgent matter are taken up. Hence, the Board is
discharged.
Matter is adjd. to 23/06/2021 for filing WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Mr. Abhijeet Barge for the plaintiff present.
Adv. Chandramore for defendant/BMC present.
Adv. Mangal Kadam for defendant present.
Defendants have failed to file WS. Hence, the suit to proceed without WS against defendants.
Matter is adjd. to 17/01/2022 for NO WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 29.03.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Arvind Taral for plaintiff present and seeks time to file affidavit of examination in chief.
Adv. Khatib for State present
Adv. Chandramore for BMC present.
Matter is adjd. to 16-06-2022 for affidavit of examination in chief.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: Adv. Barge for plaintiff present and seek time to file affidavit of examination in chief-O- Time granted.
Adv. Gavkar h/f Adv. Martina Sakpal for State present.
Matter is adjd. to 07-07-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Advocate Mr. Barge for the plaintiff present.
Advocate Mrs. Chandramore for the BMC present.
Advocate Mr. Kapse for the State/defendant present.
Exh.1- Plaintiff
Exh.2-VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
The advocate for the plaintiff filed adjournment applicant T.O.R.
Time is granted.
Matter is adjd. 26.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Mr. Barge for plaintiff present.
Adv. Mr. Kapse for defendant No.1 present.
The Ld. for the plaintiff has filed Chamber Summons along with affidavit in support. T.O.R.
O: Leave is granted to register the Chamber Summons.
Serve other side.
The learned advocate for the plaintiff has filed Affidavit.
Matter is adjd. to 16.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Barge for plaintiff present and tendered registered ch/s no. 1266/22. Copy served to other side.
As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 13.10.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Court is busy dictating order in NM No. 1696/2020 in Disposed off Suit No. 2753/2011. Hence, Board is discharged.
Matter is adjd. to 15.11.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Abhijeet Barge for plaintiff present.
Adv. Suraj Kudalkar for deft./state present and seeking time to file reply to ch/s. Time granted.
Matter is adjd. to 13.12.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Adv. Ravindra Singh h/f Adv. Barge for plaintiff present.
Adv.Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant no. 1/State present and seeking time to file reply to ch/s. Time granted.
Matter is adjourned to 25.01.2023 for chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2023
Date: 25-01-2023
Business: As Court is busy in dictating Judgment in Suit No. 1544/2019, Recoding Evidence in Suit Nos. 3641/12 and Suit No. 4431/13. Hence, board is discharged.
Matter is adjourned to 21.02.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
Matter is adjourned to 01.03.2023 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Parshuram M. Barge for plaintiff present.
Adv. Martina Sakpal for Defendant/State present and filed reply on overleaf of Chamber Summons No. 1266/22.
As Court is busy in dictating Judgments in Suit No.646/2017, 2874/2015 and hearing argument in Notice of Motion No. 3592/22 in Suit No. 3020/2008. Hence, board is discharged.
Matter is adjourned to 24.03.2023 for Chamber Summons Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None present for parties.
Matter is adjourned to 19.07.2023 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Adv. Mr. Parshuram Barge for 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.
The following Order is passed on Ch/s No. 1266/2022:
01. The plaintiff has taken out this present Ch/s seeking correction in the name of missing person which has been wrongly stated as Vishwanath Ayyappa Pai instead of Vishwanath Annappa Pai in the plaint.
02. Perused Ch/s and affidavit. Heard advocate for the plaintiff who submitted that due to typographical mistake in the name of missing person instead of “Annappa”, “Ayyappa” has been typed in the plaint and necessary correction in the plaint be carried out wherever, the name, “Ayyappa” appears in the plaint. Considering the submissions in the interest of justice it would be just and proper to allow Ch/s as prayed. Hence, the following order is passed:
ORDER
1. Chamber Summons No. 1266 of 2022 is allowed.
2. Plaintiff to carry out necessary amendment and to supply copy of amended plaint on record within 14 days.
3. Chamber Summons No. 1266 of 2022 stands disposed off.
Matter is adjourned to 03.08.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Mr. Parshuram Barge for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Adv. for the plaintiff seeks time to file amended copy of plaint on record. Time is granted.
Matter is adjourned to 24.08.2023 for R/E/Compliance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Adv. Mr. Parshuram Barge for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
Adv. for the plaintiff filed affidavit of evidence. TOR. It is marked at Exh. 06. O-R&R. He also filed list of documents. TOR. It is marked at Exh. 07. O- Other side to say on exhibition of documents. Copies are supplied to the other side.
Adv. for the plaintiff filed amended copy of plaint.
Matter is adjourned to 13.09.2023 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. Mr. Parshuram Barge for the plaintiff is present.
Adv. Mr. Amit Kapse h/f Adv. Martina Sakpal for defendant No.1/
State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 01:19 pm.
Adv. for defendant Nos. 1 and 2 endorsed say on list of documents exhibit 07.
Heard both the sides on exhibiting of documents. The following documents are marked at exhibits:
Allotment Letter dtd. 27.06.1966. It is marked at Exh. 08
Application dtd. 01.09.2012 and Certificate issued by Inspector of Police, Crime on 07.09.2012 and Destroyed record till 2004. It is marked at Exh. 09. Colly.
Death Certificate. It is marked at Exh. 10.
Pension Book. It is marked at Exh. 11.
Order of Tahsildar, Thane, regarding registration of death of Mother-in-law of plaintiff. Marked at Exh. 12.
Electricity Bill, Ration Card, Voter ID Card, Adhar Card, Death Certificate of mother-in-law, Pan Card, Gas Connection Receipt and Maintenance Bill stand in the name of father-in-law (Page No. 11 to 18). It is marked at Exh. 13. Colly.
Application dtd. 25.06.2017. It is marked at Exh. 14.
Reply from Society dtd. 21.11.2017. It is marked at Exh. 15.
Public Notice published in Free Press Journal and Navshakti dtd. 21.08.2018. It is marked at Exh. 16.
Notice U/sec. 80 of CPC and Notice of 527 of MMC Act, 1888. It is marked at Exh. 17. Colly.
Matter is adjourned to 26.09.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Adv. Mr. P.M. Barge for the plaintiff is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
KB LO at 12:00 pm.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Matter is adjourned to 10.10.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: As the Court is on leave board is discharged and the matter stands adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Plaintiff is present.
Adv. Mr. Parshuram Barge for the plaintiff is present.
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 at.2.59 pm
Cross examination of PW-1 Mrs.Shaila Suresh Pai commenced and completed by defendant nos.1 and 2.
Advocate for plaintiff filed evidence closed pursis. O-R and R. Exh-18
Advocate for defendants submitted that they don’t want to lead evidence.
Heard arguments Advocate for both the sides.
Matter is adjourned to 01.11.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: Adv. Mr.Parshuram Barge for plaintiff.
Adv. Mrs.Priyanka Gaonkar h/f Adv.Martina Sakpal for defendant no.1/State is present.
Adv. Ms. Chandramore for defendant No.2/BMC is present.
The judgment dictated and pronounced in open Court at Exhibit-19
F.R.S.R. the following Order is passed in Suit No.3392 of 2019
Order
1.The suit is hereby decreed.
2.It is hereby declared that father-in-law of the plaintifff Shri.Vishwanath Annappa Pai 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.Vishwanath Annappa Pai 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: 01-11-2023
