IN THE COURT OF JT CIVIL JUDGE (S.

D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil
Age- 56 years, Occupation-Housewife
R/at- Own House, Village- Ovale,
Ghodbundar Road, Thane (W) ) -proposed defendant

Application on behalf of
plaintiff for bringing legal
heirs/representatives of
defendant No.1 on record:

MAY IT PLEASE YOUR HONOUR

The plaintiffs most respectfully submit as under:
1. The plaintiffs submit that the plaintiffs have filed present suit
against the defendants for declaration and injunction. The
defendant No.1 expired on 22/09/2020 at- Sarita niwas building
No. 25, behind Marathi School, Kasarvadvali, G.B Road, Thane.
The proposed defendant No.1 (A) is legal heirs and legal
representatives of deceased defendant No.1.

2. The plaintiffs submit that the proposed defendant No.1 (A) is

required to be taken on record as legal heirs of deceased
defendant No.1 to proceed above said suit, hence, this
application for taking the proposed defendant No.1 (A) on record
as legal heirs of deceased defendant No.1.

3. The plaintiffs submit that deceased defendant No.1 expired on

22/09/2020. After demise of defendant No.1, the legal heir of
defendant No.1 i.e. the defendant No.1 (A) as legal heir of
 defendant No.1 was required to be taken on record in the
present suit within stipulated period prescribed under the law.
The plaintiffs and defendant No.4,5 and 6 are legal heirs of
deceased defendant No.1 are already on record as parties in the
above said suit. The defendant No.1 (A) as mentioned above is
suffering from cancer and taking medical treatment , However,
the plaintiff due to the Covid-19 pandemic situation in the
locality, the plaintiffs could not approached to their advocate to
bring legal heirs on record in the present suit but now there is
delay in filing the present application. The defendant No.1 (A) is
legal heirs of deceased defendant No.1. The defendant No.1 (A)
is required to be taken on record as legal heir after demise of
defendant No.1.

4. The plaintiffs submit that the plaintiff could not approached to

their advocate to brought the defendant No.1 (A) on record as
legal heir of defendant No.1 due to COVID-19 pandemic situation
and circumstances in the locality, therefore, the plaintiffs could
not approach to file the present application before the Hon’ble
Court within stipulated period and there is delay of 388 days for
filing the present application. The said delay is not deliberate and
intentionally. The delay is required to be condone in the interest
of justice to decide the matter on merit.

5. The plaintiffs submit that proposed defendant No. 1 (A) is

necessary party to the present suit, therefore it is necessary to
join her as defendant No. 1 (A) in place of defendant No.1 (A) in
the interest of justice as legal heirs of deceased defendant No.1.

6. It is therefore prayed that-

a. The Hon’ble be pleased to allow the plaintiffs to take the legal

heirs of defendant No.1 i.e. the defendant No. 1 (A) as
mentioned in title clause be brought on the record in the place of
defendant No.1 in the interest of justice.

b. The Hon’ble Court may be pleased to condone the delay of 388

days for filing the present application in the interest of justice.
 c. Any other relief, which this Hon’ble Court may deem fit and
proper be granted in favour of applicants.

Thane
Filed in the court
On 15/12/2021 Plaintiffs

VERIFICATION

I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff no.3, above

named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021

Plaintiff No.3
Advocate for Plaintiffs
IN THE COURT OF JT CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil ) -proposed defendant

AFFIDAVIT IN SUPPORT OF APPLICATION

I, Mr. Hemant Janardan Mukadam @ patil, R/at- Ghar No. 357,
Kasarvadvali, G.B Road, Tal. & Dist. Thane-4, the plaintiff no. 3, do
hereby state on solemn affirmation as under:-

1. I say that I myself and other plaintiffs have filed the application
for bringing legal heirs of defendant No.1 i.e. my mother on
record. I repeat and reiterate the contents therein.
2. I say that the contents of the said application are true and
correct. I am making this affidavit in support of the said
application.
The contents of this affidavit are true and correct and I have signed on
this 15th day of December 2021 at Thane.
Identified and explained by me

Advocate Deponent

VERIFICATION

I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff No.3, above

named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021

Plaintiff No.3
Advocate for Plaintiffs

IN THE COURT OF CIVIL JUDGE (S.D) THANE

AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil
Age- 56 years, Occupation-Housewife
R/at- Own House, Village- Ovale,
Ghodbundar Road, Thane (W) ) -proposed defendant

Application on behalf of plaintiffs

for condoantion of delay:

MAY IT PLEASE YOUR HONOUR

The plaintiffs most respectfully submit as under:
1. The plaintiffs submit that the plaintiffs have filed present suit
against the defendants for declaration and injunction. The
defendant No.1 expired on 22/09/2020 at- Sarita niwas building
No. 25, behind Marathi School, Kasarvadvali, G.B Road, Thane.
The proposed defendant No.1 (A) is legal heirs and legal
representatives of deceased defendant No.1.

2. The plaintiffs submit that the proposed defendant No.1 (A) is

required to be taken on record as legal heirs of deceased
defendant No.1 to proceed above said suit, hence, this
application for taking the proposed defendant No.1 (A) on record
as legal heirs of deceased defendant No.1.

3. The plaintiffs submit that deceased defendant No.1 expired on

22/09/2020. After demise of defendant No.1, the legal heir of
defendant No.1 i.e. the defendant No.1 (A) as legal heir of
defendant No.1 was required to be taken on record in the
present suit within stipulated period prescribed under the law.
The plaintiffs and defendant No.4,5 and 6 are legal heirs of
deceased defendant No.1 are already on record as parties in the
 above said suit. The defendant No.1 (A) as mentioned above is
suffering from cancer and taking medical treatment , However,
the plaintiff due to the Covid-19 pandemic situation in the
locality, the plaintiffs could not approached to their advocate to
bring legal heirs on record in the present suit but now there is
delay in filing the present application. The defendant No.1 (A) is
legal heirs of deceased defendant No.1. The defendant No.1 (A)
is required to be taken on record as legal heir after demise of
defendant No.1.

4. The plaintiffs submit that the plaintiff could not approached to

their advocate to brought the defendant No.1 (A) on record as
legal heir of defendant No.1 due to COVID-19 pandemic situation
and circumstances in the locality, therefore, the plaintiffs could
not approach to file the present application before the Hon’ble
Court within stipulated period and there is delay of 388 days for
filing the present application. The said delay is not deliberate and
intentionally. The delay is required to be condone in the interest
of justice to decide the matter on merit.

5. It is therefore prayed that-

a. The Hon’ble Court may be pleased to condone the delay of

388 days for filing the present application in the interest of
justice.
b. Any other relief, which this Hon’ble Court may deem fit and
proper be granted in favour of plaintiffs.

Thane
Filed in the court
On 15/12/2021 plaintiffs
VERIFICATION

I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff no.3, above

named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021
Plaintiff No.3
Advocate for Plaintiffs
IN THE COURT OF CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil ) -proposed defendant

AFFIDAVIT IN SUPPORT OF
APPLICATION FOR CONDONATION OF
DELAY:

I, Mr. Hemant Janardan Mukadam @ patil, R/at- Ghar No. 357,

Kasarvadvali, G.B Road, Tal. & Dist. Thane-4, the plaintiff no. 3, do
hereby state on solemn affirmation as under:-
1. I say that I myself and another have filed the application for
bringing legal heirs of defendant No.1 i.e. my mother on record.
I repeat and reiterate the contents therein.
2. I say that I myself and another have filed the application for
condonation of delay before this Hon’ble Court.
3. I say that the contents of the said application are true and
correct. I am making this affidavit in support of the said
application.
The contents of this affidavit are true and correct and I have signed on
this 15th day of December 2021 at Thane.
Identified and explained by me

Advocate Deponent

VERIFICATION
I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff No.3, above
named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021
Advocate for Plaintiffs Plaintiff No.3
IN THE COURT OF CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil ) -proposed defendant

Application on behalf of plaintiffs

for setting aside abetment order.

MAY IT PLEASE YOUR HONOUR

The plaintiffs most respectfully submit as under:
1. The plaintiffs submit that the plaintiffs have filed present suit
against the defendants for declaration and injunction. The
defendant No.1 expired on 22/09/2020 at- Sarita niwas building
No. 25, behind Marathi School, Kasarvadvali, G.B Road, Thane.
The proposed defendant No.1 (A) is legal heirs and legal
representatives of deceased defendant No.1.

2. The plaintiffs submit that the proposed defendant No.1 (A) is

required to be taken on record as legal heirs of deceased
defendant No.1 to proceed above said suit, hence, this
application for taking the proposed defendant No.1 (A) on record
as legal heirs of deceased defendant No.1.

3. The plaintiffs submit that deceased defendant No.1 expired on

22/09/2020. After demise of defendant No.1, the legal heir of
defendant No.1 i.e. the defendant No.1 (A) as legal heir of
defendant No.1 was required to be taken on record in the
present suit within stipulated period prescribed under the law.
The plaintiffs and defendant No.4,5 and 6 are legal heirs of
deceased defendant No.1 are already on record as parties in the
above said suit. The defendant No.1 (A) as mentioned above is
suffering from cancer and taking medical treatment , However,
the plaintiff due to the Covid-19 pandemic situation in the
 locality, the plaintiffs could not approached to their advocate to
bring legal heirs on record in the present suit but now there is
delay in filing the present application. The defendant No.1 (A) is
legal heirs of deceased defendant No.1. The defendant No.1 (A)
is required to be taken on record as legal heir after demise of
defendant No.1.

4. The plaintiffs submit that the plaintiff could not approached to

their advocate to brought the defendant No.1 (A) on record as
legal heir of defendant No.1 due to COVID-19 pandemic situation
and circumstances in the locality, therefore, the plaintiffs could
not approach to file the present application before the Hon’ble
Court within stipulated period and there is delay of 388 days for
filing the present application. The said delay is not deliberate and
intentionally. The delay is required to be condone in the interest
of justice to decide the matter on merit.

5. It is therefore prayed that-

a. The Hon’ble Court may be pleased to set aside order of
abetment and legal heir/representative of defendant No.1
may be taken on record in the interest of justice.
b. Any other relief, which this Hon’ble Court may deem fit and
proper be granted in favour of plaintiffs.

Thane
Filed in the court
On 15/12/2021 Plaintiffs

VERIFICATION

I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff no.3, above

named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021

Plaintiff No.3
Advocate for plaintiffs
IN THE COURT OF CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil ) -proposed defendant

AFFIDAVIT IN SUPPORT OF APPLICATION

FOR SETTING ASIDE ABATEMENT ORDER:

I, Mr. Hemant Janardan Mukadam @ patil, R/at- Ghar No. 357,

Kasarvadvali, G.B Road, Tal. & Dist. Thane-4, the plaintiff no. 3, do
hereby state on solemn affirmation as under:-
1. I say that I myself and other plaintiffs have filed the
application for bringing legal heirs of defendant No.1 i.e. my
mother on record. I repeat and reiterate the contents therein.
2. I say that I myself and others plaintiffs have filed the
application for setting aside abatement order before this
Hon’ble Court.
3. I say that the contents of the said application are true and
correct. I am making this affidavit in support of the said
application.
The contents of this affidavit are true and correct and I have signed on
this 15th day of December 2021 at Thane.
Identified and explained by me

Advocate Deponent

VERIFICATION

I, Mr. Hemant Janardan Mukadam @ patil, the plaintiff No.3, above

named hereby state on solemn affirmation that whatever stated
hereinabove is true and correct to the best of my knowledge, belief
and I have signed on this 15th day of December 2021 at Thane.

Thane
Filed in Court
On 15/12/2021
 Plaintiff No.3
Advocate for Plaintiffs

IN THE COURT OF CIVIL JUDGE (S.D) THANE

AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

AND

1 (A).Smt. Sarita Janardan Mukadam )

@ patil
) -proposed defendant

LIST OF DOCUMENT ON BEHALF OF PLAINTIFFS

Copy of death certificate of deceased defendant No.1 dated

22/09/2020.

Thane
Filed in the court
On 15/12/2021

Advocate for plaintiffs

IN THE COURT OF JT CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

Application on behalf of
plaintiffs for taking matter on
today’s board:
MAY IT PLEASE YOUR HONOUR

In the above matter the parties have settle their dispute out of the
court. The parties have decided to dispose of the above said suit by
way of filling their consent terms. The related proceeding is posted
today. The parties in the above said suit are present and would like to
take the matter on today’s board with permission of Hon’ble Court,
hence, this application for taking matter on today’s board.

It is therefore prayed that the Hon’ble court may be pleased to

allow the plaintiffs to take the matter on today’s board to meet the
interest of justice.

Thane
Filed in the court
On 15/12/2021

Advocate for plaintiffs

IN THE COURT OF JT CIVIL JUDGE (S.D) THANE
AT THANE
R. C.S No.73/2018
Shri. Krishna Janardan Mukadam
@ Patil & Ors. ) -----Plaintiffs
V/s
Shri. Janardan Gangaram Mukadam
@ patil & Ors. ) -----Defendants

Application on behalf of plaintiffs

for production of documents:

MAY IT PLEASE YOUR HONOUR

In the above matter the plaintiffs would like to file documents

with permission of Hon’ble court, hence this application for grant of
permission.

It is therefore prayed that Hon’ble court may be pleased to allow

the production of documents in the interest of justice.

Thane
Filed in the court
On 15/12/2021

Advocate for Plaintiffs

IN THE COURT OF CIVIL JUDGE (S. D) THANE
AT THANE
SPL. C.S No.592/2021
Mr. Ashish Bhalchandra Patil & Ors. ) -----Plaintiffs
V/s
Mr. Bhalchandra Ramchandra Patil & ors. ) -----Defendants

Application on behalf of
defendant No.8 to 17 are
as under.
MAY IT PLEASE YOUR HONOUR

Above matter is fixed on today board for appearance of defendant

No.8 to 17 and filing their say and written statement. The plaintiffs have
failed to provide the copy of documents relied at the time of filling the suit
to the defendants, hence, this application for grant of time to file say &
written statement of defendant No.8 to 17. The plaintiffs be directed by an
order of Hon’ble Court to provide the documents relied and filed along with
the suit to the defendant.

It is therefore prayed that Hon’ble court may be pleased to grant time

to file say and written statement of defendant No.8 to 17 and plaintiffs be
directed to provide the copy of documents and file along with the suit to the
defendants above named in the interest of justice.

Thane
Filed in the court
On 15/12/2021
Advocate for defendant No.8 to 17

IN THE COURT OF CIVIL JUDGE (S. D) THANE

AT THANE
SPL. C.S No.44/2021
Mr. Ashish Bhalchandra Patil & Ors. ) -----Plaintiffs
V/s
Mr. Bhalchandra Ramchandra Patil & ors. ) -----Defendants

MEMO OF ADDRESS OF DEFENDANT NO.8 TO 15

All having address at- Village- Kasarwadvali,
Ghodbundar Road, Tal. & Dist. Thane

MEMO OF ADDRESS OF DEFENDANT NO.16

Having add:- Diva, Datilwali,
Tal. & Dist. Thane

MEMO OF ADDRESS OF DEFENDANT NO.17

Having address at- Village- Pai Gaon, Post- Kharbav
Tal. Bhiwandi, Dist. Thane

Thane
Filed in the court
On 15/12/2021

Advocate for defendant No.8 to 17