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CHAMBER SUMMONS

Smt Shailaben Jethabhai PatelVsAmritlal Nirhu Yadav

CNR MHCC0100022420199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 19th September 2019

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100027/2019
Registration Date
05 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-03-2019
    Business: Adv. Virendra Tripathi for plaintiff present.
    Adv. for plaintiff filed original Chamber summons No. 27/19. t.o.r
    Adjd for CS reply to 25/04/2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    
    Date: 06-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Nobody present.
    Adjd for CS reply to 19/09/2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Advocate Mukesh Tiwari for Plaintiff present
    None present for Defendant.
    Heard arguments of advocate for Plaintiff about Chamber Summons no.27/19.  He argued that Defendant of this suit died on 08/08/2017 and thereafter, when Plaintiff got knowledge of the death of Defendant, Plaintiff has taken out Chamber Summons for setting aside abatement against Defendant and for bringing LRs of Defendant on record.  It is argued that this suit was filed against original Defendant for recovery of possession of suit premises, hence his LRs are necessary to be brought on record. This Chamber Summons is filed on 15/01/2019 and it seems that reply to this Chamber Summons is not filed, hence I find that considering relief claimed in the plaint,  Chamber Summons is necessary to be made absolute, hence I proceed to pass following order-
                                            ORDER
    1. Chamber Summons no.27 of 2019 is made absolute in terms of prayer clause (a) and (b).
    2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
    3. Plaintiff is further directed to serve the copies of amended plaint upon LRs of Defendant and to file typed copy of amended plaint for the record of the court.
    Case is adjourned to 11/11/2019 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 19-09-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100258/2019
    Filing Date: 05-01-2019
    First Hearing Date: 02nd March 2019
    Decision Date: 19th September 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Sept 2019

    Order Details: Other Pdf Text: Advocate Mukesh Tiwari for Plaintiff present None present for Defendant. Heard arguments of advocate for Plaintiff about Chamber Summons no.27/19. He argued that Defendant of this suit died on 08/08/2017 and thereafter, when Plaintiff got knowledge of the death of Defendant, Plaintiff has taken out Chamber Summons for setting aside abatement against Defendant and for bringing LRs of Defendant on record. It is argued that this suit was filed against original Defendant for recovery of…

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