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MISC APPLICATION

Mr. Mahendra P. Dholakia in Rev. Pet. St. No.9168 of 19VsMr. Mohan K. Kirpalani and Ors.

CNR MHCC01000340202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th November 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100005/2020
Registration Date
09 Jan 2020

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: 07-02-2020
    Business: Advocate Jitendra Chinchambekar for Plaintiff/applicant present and filed vakalatnama in suit and review petition, t.o.r.
    Advocate Nisha Mailagir for Respondent/Defendant no.1 and 2 present
    Advocate Purnima Singh @ Respondent/Defendant no.5 present
    Court is busy in hearing and dictating order on review petition no.211/19 and hearing final arguments in suit no.569/05, hence case is adjourned to 09/04/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: National Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv. A. S. Pal for defendant no. 5 present.
    Adv. Pooja Yadav for defendant no. 3 and 4 present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 23.04.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2021
    
    Date: 23-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: At 11.25 am
    Ms. Mansi Dholakia the daughter of plaintiff stated that
    the original plaintiff expired on 31.03.2021. She is filing an application for legal aid.
    Ms. Mansi Dholakia filed draft chamber summons along with affidavit in support. t.o.r.
    ORDER below unregistered chamber summons
                                ORDER
    1.  Chamber summons is allowed.
    2.  The prayer (a) of chamber summons is made
         absolute.
    3. The legal heirs of plaintiff to carryout necessary
        amendment within limitation.
    4. The chamber summons be registered for statistical
        purpose.
    5. Accordingly chamber summons is disposed of.
    Adjd for compliance to 15/07/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.08.2021  for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2021
    
    Date: 15-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.08.2021  for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Plaintiff in person Mansi Dholakia present and filed undertaking to file vakalatnama on next date. t.o.r. O- R and R
    Adv.  A. S. Pal for defendant No. 5 present.
    Adv. Sandhya Mailagir  for defendant No. 1 and 2  present.
    chamber summons No. 804/2021 is already disposed of dt. 07/06/2021. Note be taken accordingly.
    Adv. for defendant No. 5 stated that he has received the copy of amended plaint.
    Plaintiff to serve the copy of amened plaint to deft No. 3 and 4.
    Adjd for compliance to 08/10/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. For plaintiff present.
    Adv. A. S. Pal For defendant No. 5 present.
    Adv. Sandhya Mailagir for deft No. 1 and 2 present.
    Adv. Pooja yadav For defendant No. 3 and 4 present.
    Plaintiff to argue MA 05/2020 which is pending since 2020 in review petition 9168/19.
    Adv. For plaintiff stated that his senior is before Honble high court therefore will not be able to come today and prayed for one week adjournment. Considering the adjournments already granted to plaintiff, plaintiff to argue the MA in afternoon session.
    Kb in afternoon session.
    L. O at 3.34 pm
    Exh- 12 Adv. R. Sathyanarayan filed vakalatnama on behalf of plaintiff. t.o.r. O- R and R
    Adv.  for plaintiff again stated that his senior will not be able to come to court as he has to appear before Honble High court for Anticipatory bail.
    Plaintiff is seeking adjournment and is prolonging the decision of suit therefore direction is given to plaintiff incase they fail to argue MA on next date, the MA will be decided without their hearing and they should take note that no adjournments on any ground will be granted to plaintiffs.
    Adjd for hearing to 21/10/2021 in afternoon session.
    Next Purpose: HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Dt.21/10/2021
    Suit 4619/07
    @Misc. Application 05/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. for plaintiff present and stated that as per instruction plaintiff does not want to proceed with the misc. appln.
    Adv. Neesha for defendant nos.1 and 2 present.
    Adv. Pooja Yadav for defendant Nos.3 and 4 present.
    Adv. Pal for defendant no.5 present.
    Interpreter stated that the misc. appln.5/2020 is not found on record.  The affidavit in support of  Misc. Appln. filed by Amrit Mirpuri is on record.  Sheristedar to take note of the same and get search the Misc. Appln. and submit report on next date.
    Adjd. to 9/11/2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 09-11-2021
    
    Date: 21-10-2021
    Business: Dt.21/10/2021
    Suit 4619/07
    @Misc. Application 05/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. for plaintiff present and stated that as per instruction plaintiff does not want to proceed with the misc. appln.
    Adv. Neesha for defendant nos.1 and 2 present.
    Adv. Pooja Yadav for defendant Nos.3 and 4 present.
    Adv. Pal for defendant no.5 present.
    Interpreter stated that the misc. appln.5/2020 is not found on record.  The affidavit in support of  Misc. Appln. filed by Amrit Mirpuri is on record.  Sheristedar to take note of the same and get search the Misc. Appln. and submit report on next date.
    Adjd. to 9/11/2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: None for applicant.
    Adv. Pooja yadav For defendant No. 3 and 4 present.
    Adv. A. S. Pal For defendant No. 5 present.
    Earlier sheristedar Mr. Sunil Kanawade to comply the roznama dt. 21.10.2021.
    Adjd for compliance to 03/12/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2021
    
    Date: 09-11-2021
    Business: None for applicant.
    Adv. Pooja yadav For defendant No. 3 and 4 present.
    Adv. A. S. Pal For defendant No. 5 present.
    Earlier sheristedar Mr. Sunil Kanawade to comply the roznama dt. 21.10.2021.
    Adjd for compliance to 03/12/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Dt.03/12/2021
    Suit 4619/07
    misc appln 05/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. Pratik Surthi h/f Adv. Sathyanarayanan For plaintiff present.
    Adv. Sandhya Mailagir For defendant No. 1 and 2 present.
    Adv. Pooja Yadav for defendant NO. 3 and 4 present.
    Adv. A. S. Pal for deft NO. 5 present.
    Adjd for compliance to 04/03/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-03-2022
    
    Date: 03-12-2021
    Business: Dt.03/12/2021
    Suit 4619/07
    misc appln 05/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. Pratik Surthi h/f Adv. Sathyanarayanan For plaintiff present.
    Adv. Sandhya Mailagir For defendant No. 1 and 2 present.
    Adv. Pooja Yadav for defendant NO. 3 and 4 present.
    Adv. A. S. Pal for deft NO. 5 present.
    Adjd for compliance to 04/03/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Adv. For plaintiff present.
    Adv. For defendant No. 1 and 2 present.
    Adv. For defendant No. 5 present.
    Defendant no. 3 and 4 present.
    Adjd for compliance to 08/06/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2022
    
    Date: 04-03-2022
    Business: Adv. For plaintiff present.
    Adv. For defendant No. 1 and 2 present.
    Adv. For defendant No. 5 present.
    Defendant no. 3 and 4 present.
    Adjd for compliance to 08/06/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv. Deepa Punjani for plaintiff present and submitted that
    deceased plaintiff had filed misc. application no. 5/2020
    and now LRs of the plaintiff are not interested in contesting
    the said application and she wants to not press the same.
    Adv. Sandhya for defendant no. 1 and 2 present and she has given no objection to disposed of mis. Application no 5/20.
    Adv. Monika Chandrasing for defendant no. 3 and 4
    present and she has given no objection to disposed of mis.
    Application no 5/20.
    Adv. Pornima Sing for defendant no. 5 present and she has
    given no objection to disposed of mis. Application no 5/20.
                Considering submissions of both sides and position
    of record it is clear that, Mis. Application no 5/20 is
    registered on 07-01-2020 as per entry in CIS. Present suit
    was on the board of 18-12-2019 and 07-02-2020, but there
    is no reference of filing of mis. application by the plaintiff.
    Mis. Application no 5/20 is not available on record of this
    case. Reference of placing registered Mis. Application no
    5/2020 on record after registration in roznama has not
    come to the notice of this Court.   As Adv. For the plaintiff
    is not pressing Mis.
    Application no 5/20, it is disposed of with liberty to the
    plaintiffs to file similar application in future if they feel
    it necessary.
    Matter is adjd.to 28-07-2022 .
    Next Purpose: FOR___________________
    Next Hearing Date: 28-07-2022
    
    Date: 08-06-2022
    Business: Adv. Deepa Punjani for plaintiff present and submitted that
    deceased plaintiff had filed misc. application no. 5/2020
    and now LRs of the plaintiff are not interested in contesting
    the said application and she wants to not press the same.
    Adv. Sandhya for defendant no. 1 and 2 present and she has given no objection to disposed of mis. Application no 5/20.
    Adv. Monika Chandrasing for defendant no. 3 and 4
    present and she has given no objection to disposed of mis.
    Application no 5/20.
    Adv. Pornima Sing for defendant no. 5 present and she has
    given no objection to disposed of mis. Application no 5/20.
                Considering submissions of both sides and position
    of record it is clear that, Mis. Application no 5/20 is
    registered on 07-01-2020 as per entry in CIS. Present suit
    was on the board of 18-12-2019 and 07-02-2020, but there
    is no reference of filing of mis. application by the plaintiff.
    Mis. Application no 5/20 is not available on record of this
    case. Reference of placing registered Mis. Application no
    5/2020 on record after registration in roznama has not
    come to the notice of this Court.   As Adv. For the plaintiff
    is not pressing Mis.
    Application no 5/20, it is disposed of with liberty to the
    plaintiffs to file similar application in future if they feel
    it necessary.
    Matter is adjd.to 28-07-2022 .
    Next Purpose: FOR___________________
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-09-2022
    
    Date: 28-07-2022
    Business: Adv. R. Satyanarayan Iyer for plaintiff present.
    Adv. Nisha Mahilage for defendant no. 1 and 2 present.
    Adv.  Monika Chandanshive for defts no. 3 and 4 present.  Adv. A.S. Pal for defendant no. 5 present.
    On perusal of record, it appears that the plaintiff had filed draft review petition on 24-09-2019, but it is not yet registered. Hence, draft review petition filed on 24-09-2019 is disposed off.
    Matter is adjd.to 20-09-2022 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Rakhi Sakpal for plaintiff present and prayed for adjournment  for filing vakalatnama - allowed
    Adv. M. E. Chandanshiv for defendants no. 3 and 4 present.
    Adv. Sandhya Mailagir  for defendant no. 1 and 2  present.
    Adv. Purnima Singh for defendant no. 5 present.
    Matter is adjd.to 17-11-2022 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-11-2022
    
    Date: 20-09-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv. Satyanarayan for plaintiff present and filed adjournment application t.o.r. marked as Exh.13 - allowed as a last chance.
    Adv. Sandhya Mailagir  for defendants no. 1 and 2  present.
    Adv. Monica Chandanshive for defendant no.  3 and 4 present.
    Adv. A. S. Pal a/w Mrs. Pornima Singh a/w defendant no.5  present.
    Misc. Appl 5/20 be disposed of in CIS system as per order dtd. 08-06-2022.
    Matter is adjd.to 11-01-2023 for R/E /dismissal.
    Nature Of Disposal: OTHER
    Disposal Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv. Satyanarayan for plaintiff present and filed adjournment application t.o.r. marked as Exh.13 - allowed as a last chance.
    Adv. Sandhya Mailagir  for defendants no. 1 and 2  present.
    Adv. Monica Chandanshive for defendant no.  3 and 4 present.
    Adv. A. S. Pal a/w Mrs. Pornima Singh a/w defendant no.5  present.
    Misc. Appl 5/20 be disposed of in CIS system as per order dtd. 08-06-2022.
    Matter is adjd.to 11-01-2023 for R/E /dismissal.
    Nature Of Disposal: OTHER
    Disposal Date: 17-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100335/2020
    Filing Date: 07-01-2020
    First Hearing Date: 07th February 2020
    Decision Date: 17th November 2022
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Nov 2022

    Order Details: Other Pdf Text: 11/28/22, 12:25 PM Case History 172.16.148.30/swecourtis/kiosk/ 1/1 Back Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :MISC APPLICATION/0100005/2020 Mr. Mahendra P. Dholakia in Rev. Pet. St. No.9168 of 19 Vs Mr. Mohan K. Kirpalani and Ors. Date : 08-06-2022 Business : Adv. Deepa Punjani for plaintiff present and submitted that deceased plaintiff had filed misc. application no. 5/2020 and now LRs of the plaintiff are not interested in contesting the…

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