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CHAMBER SUMMONS

Selvin Gnana Paul Nadar - Applicant - The Association of the Jari Mari Christian CemeteryVsMCGM And Ors.

CNR MHCC01000395202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 28th February 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100049/2020
Registration Date
10 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-01-2020
    Business: None for plaintiff and applicant.
    Adv. Mrs. Mhatre for deft./MCGM present,
    Applicant is failed to submit ch/s after registration.
    Matter is adjd. for ch/s reply on 17.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff present.
    Adv. Mrs.Mhatre for deft./MCGM present.
    Matter is adjd. for ch/s reply on 16.06.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Pandey for plaintiff present and submitted that due to the accident of adv. of applicant he could not get inspection of documents and requested for short adjournment.
    Adv. Mhatre for deft./MCGM present.
    None present for applicant.
    Matter is adjourned for Ch/s reply to 31.03.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Court is vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Mr. Pandey for Plaintiff present.
    NM 1053/21	Adv. Mr. Khandagale for Defendant No. 1/BMC present.
    NM 4296/18	Adv. Mr. V. T. Dubey for Applicant present.
    Ch/s. 49/20	Adv. for Plaintiff filed registered NM No. 1053/2021 with Affidavit in support.
    	Matter adj. to 19/01/2022 for NM Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Adv. Ms. Pramila Prajapati for plaintiff is present.
    Adv. Mr. V.T. Dubey for applicant is present and endorsed reply on NM No.1053/21.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for plaintiff orally requested for time to file C/S reply. Granted.
    Heard both the parties on NM 1053/2021.
    Adjourned for NM order/NM reply/C/S reply to 16.02.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Plaintiff -Mr. Selvin Gana Paul Nadan is present.
    None present for plaintiff.
    Adv. Mr. V.T. Dueby for applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 5.14 pm.
    Adv. Ms. Pramila Prajapati for plaintiff is present.
    The Court busy in hearing SU 1384/15, NM 640/21 and SU 1519/02.
    Adjourned for Order on NM No. 1053/21/Ch/s reply/NM reply to 25.03.2022.
    Next Purpose: ORDER
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv. Mr. Pandey for plaintiff is present.
    Adv. Mr. V.T. Dueby for applicant is present and filed original Ch/s No. 49/2020 along-with affidavit. TOR.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 5.20 pm.
    F.R.S.R. following order is passed on NM No. 1053/2021:
                                    ORDER
    (i).     The Notice of Motion No. 1053/2021 is made absolute in
              terms of prayer clause (a). Consequently, the applicant is
              called upon to give inspection of all the original documents,
              referred to and relied upon by him and exhibited in affidavit
              in support of Chamber Summons No. 49/2020, to the
              plaintiff, on or before the next date, after due intimation to
              the plaintiff as regards place and time of the said inspection.
    (ii). 	Costs to follow the event.
    (iii).	The Notice of motion No. 1053/2021 is hereby disposed off
              accordingly.
    Adjourned for compliance/Ch/s reply/NM reply to 08.04.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Adv. Mr. Pandey for plaintiff is present.
    Adv. Ms. Vijayarani Prasad for applicant is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    It seems that in view of the order on the NM No. 1053/2021, the applicant did not comply with the directions as regards inspection of documents. Hence, the applicant is directed to comply with the said Order and to report accordingly, in writing, on the record, so as to avoid the consequential order.
    Adjourned for compliance to 06.05.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Adv. Mr. Pandey for plaintiff is present and submitted that the applicant failed to offer the inspection of documents, as ordered.
    Adv. Mr. V.T. Dueby for applicant is present and submitted that the inspection is already offered and he is ready to file affidavit to that effect. He is called upon to file affidavit as regards compliance to avoid further order.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for compliance by the applicant to 01.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Mr. Pandey for the plaintiff is present and orally requested for time to file counter affidavit, in view of the recent affidavit filed by the applicant. Time is granted.
    Adv. Mr. N.K. Dubey for the applicant is present and filed copy of affidavit. TOR. It is marked at Exh.02. Copy is supplied to the other side
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for filing counter affidavit by the plaintiff to 22.08.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Mr. Pandey for the plaintiff is present and filed counter affidavit in Ch/s No. 49/2020. Copy is supplied to the other side.
    Adv. Mr. V.T. Dubey for applicant is present and orally requested time for hearing on inspection compliance. Time is granted.
    Adv. Mr. Khandagale for defendant Nos. 1 to 5/MCGM is present.
    Adjourned for NM hearing/NM reply and WS to 28.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Pramila Prajapti for the plaintiff is present and orally requested for time to proceed with the matter, as her senior met with an accident. Considering the ground, time is granted. The plaintiff is directed to proceed with the matter, leaving open the consequences as regards inspection of record.
    Adv. V.T. Dubey for the applicant is present.
    Adv. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s hearing/NM reply to 28.11.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: HHJ is on Leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Adv. Mr. Pandey for the plaintiff is present.
    Adv. Ms. Prasad h/f Adv. Dubey for the applicant is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    The Court is busy in ad-interim hearing in urgent matter.
    Adjourned for Ch/s hearing/NM hearing to 03.03.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Adv. Mr. Pandey for the plaintiff is present and requested for time to file Ch/s reply. Time is granted till the next date.
    Adv. Mr. V.T. Dubey for the applicant is present.
    Adv. Mrs. S.G. Chavan h/f Adv. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s reply/NM hearing to 26.04.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Mr. Pandey for the plaintiff is present and filed Ch/s. reply in Ch/s. No. 49/2020. Copy supplied to the other side.  He tendered draft NM along-with affidavit. O- Leave is granted to register till the next date. Copy is supplied to the other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Ms. Prasad for the applicant is present.
    Adjourned for tendering registered NM/ Ch/s. hearing / NM hearing to 14.06.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Adv. Mr. Pandey for the plaintiff is present and filed registered NM No. 1685/23 along-with affidavit.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Ms. Prasad for the applicant in Ch/s. is present and requested for time to file NM reply. Time is granted.
    Adjourned for NM reply/Ch/s. hearing to 19.07.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Adv. Mr. Pandey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Mr. V.T. Dubey for applicant in Ch/s. is present and filed reply in Ch/s. No. 49/20 and NM No.1685/23 reply. TOR. O- Filed.
    Copies are supplied to the other side.
    Adjourned for NM and Ch/s. hearing to 13.09.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: Adv. Mr. Pnadey for the plaintiff is present and filed sur-reply rejoinder in Ch/s. No. 49/2020. Copy is supplied to the other side.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Mr. V.T. Dubey for applicant in Ch/s. is present.
    Adjourned for Ch/s. hearing/NM hearing to 30.10.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: Adv. Mr. A.R. Pandey for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Mrs. Prasad for applicant in Ch/s. is present.
    The Court is busy in other urgent matters.
    Adjourned for Ch/s. hearing to 18.12.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: PO is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: Adv. Mr. Pandey for the plaintiff is present and submitted that he would require at least half an hour to argue on NM and Ch/s.. The parties are called upon to file their written arguments on NM and Ch/s.. Adv. Mr. V.T. Dubey for the applicant in Ch/s. is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adjourned for written submissions on NM/ Ch/s. to 15.03.2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: Adv. Mr. Pandey for the plaintiff is present and requested time to file written submissions on NM and Ch/s.. Time is granted.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Adv. Mr. V.T. Dubey for applicant in Ch/s. is present.
    Adjourned for written submissions on NM and Ch/s. to 04.05.2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: PO is on leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Mr. Alokh Singh h/f Adv. Pandey for the plaintiff is present. On his say, the matter is kept back.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present.
    None present for the applicant in Ch/s.
    Later on 3.36 p.m.
    The appearance is as above.
    The advocate for plaintiff filed common written submissions on NM and Ch/s.. Taken on record. O- Filed. Copy is supplied to the other side. He sought time for short submissions on NM and Ch/s.. Time is granted.
    Adv. Mrs. Prasad for applicant in Ch/s. and NM is present and filed common written submissions on Ch/s. and NM, with citations. Taken on record. O- Filed. Copy is supplied to the other side.
    The advocate for defendant/MCGM submitted that he may be taken as heard as per the record.
    Adjourned for short submissions, if any, on NM and Ch/s. to 26.07.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Adv. Mr. Pandey for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present.
    Adv. Mr. V.T. Dubey for applicant in Ch/s. is present.
    Heard both the sides on Ch/s. and NM.
    Adjourned for Ch/s. Order and NM Order to 16.08.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: Court is on leave
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: Adv. Mrs. Pramila Prajapati i/b M/s. Pandey and Co. for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present. Adv. Mr. N.K. Dubey h/f Adv. Mr.V.T. Dubey for applicant in Ch/s. is present. Steno is on leave.
    Adjourned for Ch/s. Order/NM Order to 18.10.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Ms. Pramila Prajapati i/b Pandey and Co. for the plaintiff is present. Adv. Mr. Botlawar for defendant/MCGM is present.
    Adv. Mrs. Prasad for applicant in Ch/s. is present. The Court is busy in other urgent praecipe matters.
    Adjourned for Ch/s. Order/NM Order to 22.11.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 22-11-2024
    
    Date: 22-11-2024
    Business: Mr. Jeniton Jesron Nadar Son of plaintiff is present in person.
    Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present. Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for applicant in Ch/s. is present. The Court is busy in other urgent matters.
    Adjourned for Ch/s. Order to 06.12.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: Adv. Mr. Alok Singh i/b Pandey and Co. for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present. Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for applicant in Ch/s. is present. F.R.S.R. Following Order is passed in NM No. 1685/ 2023. ORDER i. Keeping open repercussions of the Order dtd. 25.03.2022, passed in NM No.1053/2021, Notice of Motion No.1685 of 2023 stands disposed of as filed. ii. Notice of Motion No.1685/2023 is, accordingly, disposed of. The applicant is called upon to argue about his locus to file Ch/s. No. 49/2020 on behalf of Association of Jari Mari Christian Cemetery. Adjourned for short submissions on Ch/s. to 20.01.2025.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: Adv. Mr. Pandey for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Adv. Mr. V.T. Dubey for applicant in Ch/s. is present. The parties sought time for short submissions on Ch/s.. Time is granted.
    Adjourned for short submissions on Ch/s. to 28.02.2025.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-02-2025
    
    Date: 28-02-2025
    Business: Adv. Mr. Pandey for the plaintiff is present and filed application for withdrawal of suit. Taken on record. It is marked as Exhibit 3. O- Other side to say. Say Filed. Heard. Adv. Mr. Botlawar for defendant/BMC is present. Adv. Mr. V.T.Dubey for applicant in Ch/s. is present.
    Oder below Exhibit 1 The plaintiff filed application below Exhibit 3 for unconditional withdrawal of the suit. Application is signed by plaintiff he is identify by his advocate. Advocate for BMC is gave no objection for unconditional withdrawal. Plaintiff submitted that he do not want to proceed with the suit and suit be disposed of. Hence, I pass following Order. Suit is disposed of as withdrawn in view of application below Exhibit 3 unconditionally.
    In view of the disposal of suit pending NM No. 4296/2018 and Ch/s. No. 49/2020 stands disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 28-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100387/2020
    Filing Date: 10-01-2020
    First Hearing Date: 14th January 2020
    Decision Date: 28th February 2025
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Feb 2025
    Order Details: Other
    Pdf Text: 28.02.2025 CORAM: H.H.J. SHRI. S.H. SALUNKHE (C.R. NO.11)
    Sr. No. 92
    SU 2879/18
    Ch/s. 49/20
    NM 4296/18
    Exhibit 3/C
    Adv. Mr. Pandey for the plaintiff is present and filed application for
    withdrawal of suit. Taken on record. It is marked as Exhibit 3. O-
    Other side to say. Say Filed. Heard. Adv. Mr. Botlawar for
    defendant/BMC is present. Adv. Mr. V.T.Dubey for applicant in Ch/s.
    is present.
    Oder below Exhibit 1 :
    The plaintiff filed application below Exhibit 3 for
    unconditional withdrawal of the suit. Application is signed by
    plaintiff he is identify by his advocate. Advocate for BMC is gave no
    objection for unconditional withdrawal. Plaintiff submitted that he
    do not want to proceed with the suit and suit be disposed of.
    Hence, I pass following Order. Suit is disposed of as withdrawn in
    view of application below Exhibit 3 unconditionally.
    In view of the disposal of suit pending NM No. 4296/2018 and
    Ch/s. No. 49/2020 stands disposed of.
    Judge
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