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CHAMBER SUMMONS

SHIV BHARAT BRAHMADUTTA SINGH THAKURVsMCGM

CNR MHCC0100068420205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th July 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100087/2020
Registration Date
17 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: 20-01-2020
    Business: Adv. Mr. Kane for plaintiff present.
    Adv. Mr. Suryavanshi for the defendant  MCGM Present.
    Mater is adjd to 07/02/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Plaintiff and advocate Mr. Kane for plaintiff present.
    Adv. D. K. Vyas for the defendant  present with Adv. Mr. Suryavanshi for the defendant  MCGM  present .
    K. B.
    L O. at 04.10 p.m.
    Adv. Mr. Naik for plaintiff present.
    Partly heard arguments of Adv. Mr. Naik for plaintiff.
    Matter is adjd to 15/02/2020 for fur.arg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. D. K. Vyas for MCGM/deft present.
    K. B.
    L. O. at 12 30 p.m.
    Adv. Mr. Chandra Naik for plaintiff present and filed additional affidavit t.or.
    Heard arguments of Adv. Mr. Naik and partly heard by Adv. Mr. Vyas for MCGM on Notice of Motion No. 1699/2010.
    Matter is adjd to 21/02/2020 for P.H.Hrg.on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mr. D. K. Vyas with Adv. Suryavanshi for MCGM/deft present.
    K. B.
    L. O. at 03.45 p.m.
    Adv. Mr. Chandra Naik for plaintiff present.
    Adv. Mr. D. K. Vyas for defendant/MCGM present and filed list of documents alongwith documents t.or. and marked as exh.
    Order- Filed.
    Heard arguments of  both sides.
    Matter is adjd to  11/03/2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. Chandra Naik for plaintiff present and  filed Written Argument t.o.r and marked as Exh.  Filed.
    Adv. Mr. Vyas with Mr.Suryavanshi for MCGM/deft present and filed Written Argument t.o.r and marked as Exh.  Filed.
    Matter is adjd to  16/03/2020 for  order.
    Next Purpose: ORDER
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: As court is on leave.
    Matter adjd to 17/04/2020  for Order.
    Next Purpose: ORDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: ORDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: COVID-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Business: Covid Adj
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: None present for plaintiff.
    Adv Chandra More for MCGM/defendant present.
    Matter adjourned for arguments to 14.08.2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: None present for plaintiff.
    Adv DK Vyas for BMC present.
    On behalf of defendant it is submitted that since 2010 and both parties have filed written notes of arguments already.
    Defendant is ready to inform plaintiff about next date.
    Matter adjourned for oral arguments on NM to 16.12.2020 at 12.00 pm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv Dharmesh Joshi (h/f) present for plaintiff.
    Adv Suryawanshi alongwith Adv Vyas present for MCGM/defendant.
    Adv of plaintiff sought adjournment.
    Matter adjourned for NM arguments to 13.01.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv Dharmesh Joshi (hf) present for plaintiff.
    Adv Soraan present for MCGM/defendant.
    Adv of plaintiff sought adjournment.
    Matter adjourned for NM arguments to 12.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Chaitali gosawi for Plaintiff present.
    Adv. Vyas for Defendant present.
    Adv. of plaintiff sought adjournment by stating that senior adv. is not keeping well after covid-19 etc.
    NM is pending since long.
    Plaintiff shall avoid delay on next date.
    Matter adjourned for NM arguments to. 22.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-02-2021
    
    Date: 12-02-2021
    Business: Adv. Chaitali gosawi for Plaintiff present.
    Adv. Vyas for Defendant present.
    Adv. of plaintiff sought adjournment by stating that senior adv. is not keeping well after covid-19 etc.
    NM is pending since long.
    Plaintiff shall avoid delay on next date.
    Matter adjourned for NM arguments to. 22.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Chandra Naik (hf) present for plaintiff.
    Adv Dharmesh Vyas alongwith Adv Soraan present for MCGM/defendant.
    Adv of plaintiff argued since 3.45 pm to 5.00 pm and sought adjournment for further arguments.
    Matter adjourned for NM arguments part heard to 01.03.2021.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv Chaitali Gosavi (hf) present for plaintiff and sought adjournment.
    Adv Vyas present for MCGM/defendant.
    In this matter plaintiff argued for sufficient time. Now adv of defendant wants to argue today. Written arguments of both the parties are already given on the record. Hence Adv of defendant is permitted to argue on NM.
    Defendant argued near about 45 minutes.
    In the meantime Adv of plaintiff Chandra Naik appeared. He wants time to argue and reply.
    In view of provisions of order 18 rule 2 (2) (d) of the C.P.C. Ld. Counsel is requested to complete oral arguments within 45 minutes on the next date.
    Matter adjourned for NM arguments P.H. to 08.03.2021.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv Gosavi (hf) presentfor plaintiff and sought adjournment as a last chance on the grounds of illness of senior advocate.
    Adv Soraan present for MCGM/defendant.
    Plaintiff to avoid delay.
    Matter adjourned for NM arguments PH to 12.03.2021.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Chandra Naik present for plaintiff.
    Adv. Soraan/Nandanwar present for MCGM/defendant.
    Both the parties completed arguments and reply of arguments.
    Matter adjourned for NM order to 15.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Gosavi (hf) present for plaintiff.
    Adv. DK Vyas alongwith Soraan present for MCGM/defendant.
    F.R.S.R. Following order is passed below NM No.1699/2010-
    ORDER
    1. Notice of Motion No. 1699/10 stands dismissed with costs.
    2. Said Notice of Motion stands disposed of.
    3. Item No.3 i.e. Cubic wooden doors/cabin are already removed hence needs no any further order in that regard. Plaintiff to produce such photographs with dates on record. If it is reconstructed again without permission then defendant can take necessary action as per law.
    4. Parties to avoid delay on their parts and cooperate for speedy disposal of the main suit.
    5. Issues are already framed long ago, hence suit be kept for evidence.
    6. Authenticated copy of this roznama be given to parties, if requested.
    ------------------------------------------
    Later on.
    Adv of plaintiff by filing application submitted that plaintiff wants to file appeal against above order. BMC submitted say and opposed the application. Plaintiff is having right to file appeal. Hence both parties to maintain statuquo regarding Notice structure for four weeks from today, as a last chance.
    Matter adjourned for RE to 31.03.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. absent for plaintiff.
    Plaintiff present.
    Adv for Soraan h/f present MCGM/defendant.
    Witness absent.
    Matter adjourned for R/E. to. 29/04/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to covid-19 matter adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None Chaitali Gosavit h/f adv. Chandra Naik present for plaintiff and sought adjournment.
    None  present for MCGM/defendant.
    Matter adjourned for R/E on 25-10-2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Gosavi h/f adv. chadra naik present  for plaintiff and sought adjournment.
    Adv. Amol Diwate @ Adv. Soraan present for MCGM/defendant.
    Matter adjourned for  RE to. 10/12/21.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. Gosavi Hf Adv. Channdra Naik Present for plaintiff and sought adjournment.
    Adv. Soraan present  for MCGM/defendant.
    as the matter is old one, matter is adjd. for RE as a last chance.
    Matter adjourned for RE to. 28/01/22.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. matter is adjd.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: As presiding officer is on leave. Hence, Matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None for Plaintiff.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Matter is very old and needs to be expedited. No steps taken by the Plaintiff to proceed further hence, matter be posted for dismissal on next date.
    Matter is adjd for  dismissal on 11-07-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv.Bipin Joshi for Plaintiff present and filed V/P no objection of earlier advocate. TOR Exh.11.
    He also tendered adjournment application. TOR. Exh.12.
    O- Other side to say.
    Adv. Vyas @ Adv.Soraan for defendant/MCGM present.
    Say filed by advocate for defendant.
    O-Allowed in the interest of Justice as last chance.
    Matter is adjd for order on 20-07-2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv.Sakshi Agarwal for Plaintiff present.
    Adv Smt. Kumud Soraan for defendant/MCGM present.
    Deft is directed to file reply to the Ch. s No.87/2020  on next date without fail. As the matter is made time bound by Hon\''ble High Court.
    The adv for Plaintiff was about to tender evidence affidavit today. However, the Ch/s. for amendment is pending for determination. Hence, parties are directed to proceed with the Ch/s. first.
    Matter is adjd for filing reply on 25-07-2022
    Next Purpose: REPLY
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Bipin Joshi for Plaintiff present.
    Adv Smt. Kumud Soraan @ Adv. Vyas for defendant/MCGM present.
    Say filed by adv for defendant.
    Arguments heard  of both sides on Ch/s.
    FRSR the following order is passed
    ORDER
    1 Chamber Summons No.87 of 2020 is made absolute in terms of prayer clause(a) of Chamber Summons.
    2 Plaintiff is directed to carry out amendment as per schedule annexed to the Chamber Summons on or before next date.
    3 Consequential amendment to follow.
    4 Chamber Summons is disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100748/2020
    Filing Date: 17-01-2020
    First Hearing Date: 20th January 2020
    Decision Date: 25th July 2022
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Jul 2022

    Order Details: Chamber summons Pdf Text: 1 C/S NO.87 OF 2020 CNR:MHCC01-000684-2020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY CHAMBER SUMMONS NO.87 OF 2020 IN L.C.SUIT SUIT NO.1700 OF 2010 Shri Bharat Brahmadutta Singh Thakur .. Plaintiff V/s. The Municipal Corporation of Greater Mumbai. .. Defendant. Appearance: Adv. Bipin Joshi for plaintiff. Adv. Smt. Soraan for MCGM/ defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 25.07.2022 ORDER 1…

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