Skip to main content
CHAMBER SUMMONS

Ms Shelia Malaney - Applicant - Sadhubella FoundationVsBombay Builders Company Pvt Ltd And Anr

CNR MHCC0100091220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th November 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100167/2019
Registration Date
24 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: 31-01-2019
    Business: None for plaintiff.
    Adv.Kumbhar for defendant No.1 present.
    Matter adjd to 14.03.2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: None for Plaintiff.
    None for Defendant.
    Adv. Vishal Jain for applicant present.
    Registered Ch/s no.167/19 filed by applicant t.o.r.
    Adv for applicant submitted that copy already served to other side.
    Adj for Ch/s reply to 20.06.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Adv. Meloni for applicant present.
    Adv. Bhagwat for Defendant no.1 present.
    No say filed by Plaintiff to Ch/s no.167/19. Therefore, Ch/s is to proceed without reply of Plaintiff.
    Adj for hearing on Ch/s to 01.07.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Plff and Adv absent.
    Adv. Bhagwat for Defendant no.1 present.
    Adv. Pandit for Defendant no.2 present.
    K.B.
    L.O.
    Adv. Vishal Jain I/b Solicis Lex for applicant present.
    Application filed by Adv for defendant no.2 for filing reply.
    Applicant to say.
    Adj for reply to 19.07.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Plff and Adv absent.
    Adv. Pandit for Defendant no.2 present.
    Adv. Vishal Jain for applicant present.
    Reply filed by Adv for applicant to the application dtd.01.07.19.
    Order on application dated 01.07.2019 filed by defendant no.2.
    Read application and reply.
    Heard counsel for defendant no.2 and applicant.
    Defendant no.2 wants to file reply to Chamber summons No. 167/19 taken out by applicant.
    Considering the reason assigned by defendant no.2, in the interest of justice and fair trial, I am inclined to allow application filed by defendant no.2 to take reply on record. Hence, application is allowed.
    Defendant no.2 is permitted to file reply to Ch/s No.167/19.
    Reply filed by defendant no.2 to Ch/s No.167/19.
    Copy is given to applicant.
    Adj for Ch/s hearing to 07.08.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. Vishal Jain for applicant present.
    Adv. Bhagwat for defendant no.1 present.
    Adv for applicant wants to file rejoinder to reply.
    Time is granted to file rejoinder.
    Adj for rejoinder and Ch/s hearing to 07.09.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Adv. Bhagwat for Defendant no.1 present.
    Adv. Jain for applicant present.
    Heard arguments both sides in Ch/s No. 167/19.
    applicant is directed to file complete copy of will.
    Adjd for Compliance to 24/09/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Vishal Jain for Plaintiff present.
    Adv.Bhagawat defendant no 1 present.
    Adv. Pandit for defendant no 2 present.
    Heard adv. For defendant no 2. Learned adv. For plaintiff wants to make submission on Legal point raised by adv. For defendant no 2.
    Therefore, matter is adjd. to 7.10.2019 for further hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: None for Plaintiff
    Adv. Bhagwat for defendant no 1 present.
    KB
    LO
    Adv. Pandit for defendant no 2
    Adv. Bhagwat for defendant no 1 present.
    None for applicant.
    Aplicant fail to make submission on legal points raised by adv. For defendantn o 2
    Therefore, Chamber summons is posted for order.
    Adjd. to for 14.10.2019 for order.
    Next Purpose: HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: None for applicant.
    Adv. Pandit for defendant no.2 present.
    KB
    Heard Adv. Pandit for defendant No.2. He submitted that concerned has to approach Testamentary Court after the death of Executor.
    Advocate for applicant is absent. In the interest of justice and fair trial, matter is adjourned as a last chance for submission on behalf of advocate for applicant in relation to above submission made by learned advocate for defendant No.2.
    Adjourned for CS hearing to 08.11.2019
    Next Purpose: HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: dv. Vishal Jain for applicant.
    He filed compilation of document on record t.o.r.
    Adjourned to 20.11.2019 for Chamber summons hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Plaintiff and advocate absent.
    Adv. Drashti Jani for applicant present.
    Adv. Kumbhar for defendant No.1 present.
    Partly heard advocate for applicant on chamber summons.
    Adjourned for further hearing to 30.11.2019.
    Next Purpose: HEARING
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv. Drashti Jani for applicant present.
    Adv. Kumbhar for defendant no 1 present.
    Adv. Vidya Bhosale for defendant no 2 present.
    Applicant wants to take out separate proceeding.
    Adjourned for 13.12.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv.Drashti Jani for applicant present.
    Adv. Kumbhar for defendant no 1 present.
    Adv. Minal Parab for defendant no 2 present.
    Adv. for applicant sought adjournment.
    O  Granted as last chance.
    Adjourned for hearing to 20.12.2019
    Next Purpose: HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Plaintiff and advocate are absent.
    Minal Parab for defendant no 2 present.
    KB
    LO
    In the interest of justice matter is adjourned to 18.01.2020
    Next Purpose: HEARING
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Adv. Drashti Jani for applicant present.
    Representative of defendant No. 2 Mr. Kailash Chawan present.
    Adv. Kumbhar for defendant No. 1 present.
    Adv. for applicant tendered draft Chamber summons t.o.r.
    O- Leave granted to registered it.
    Copy is served upon defendant No. 1 and representative of defendant No. 2
    Adjourned for reply to 7.02.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv Priyanka Rathi for applicant present.
    Adv Kumbhar for deft no. 1 present.
    Adv Pandit for deft no. 2 present.
    He filed reply to CS 154/2020. t.o.r.
    Adv for applicant is directed to file original registered CS 154/2020.
    Matter stands Adj for reply of deft no. 1 to 03/03/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Plff and his Adv absent.
    Adv Bhagwat for deft no. 1 present.
    Adv Pandit for deft no. 2 present.
    Adv for deft no. 1 filed reply to CS 154/2020. t.o.r.  Copy be served on plff.
    Matter stands Adj for CS hearing to 26/03/2020.
    LO 3.34 pm
    Adv Rajan Sathe for plff present.
    He tendered original CS 154/2020. t.o.r.
    Matter already Adj for CS hearing to 26/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 26-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 26-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present.
    Matter stands Adj for CS Hearing to 10/11/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: P.O. IS ON LEAVE TO ATTEND ONLINE WORKSHOP (C. R. No. 2)
    None present.
    Matter stands Adj for CS Hearing to 08/12/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv Karnik for applicants present.
    Matter stands Adj for CS hearing to 18/01/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: None for plaintiff.
    Adv. Shweta Tingre for defendant no.2 present.
    Matter stands Adj for Hearing on Ch/s to 01.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv S. A. Bhagwat for deft no. 1 present.
    Adv G. N. Pandit for deft no. 2 present.
    Adv Srushti Mehta for applicant present.
    Matter stands Adj for CS Hearing to 18/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Plff and Adv absent since long.
    Adv Bhagwat for deft no. 1 present.
    Adv G. N. Pandit for deft no. 2 present.
    Matter stands Adj for CS Hearing, in default CS dismissal to 19/03/2021.
    LO 3.45 pm
    Adv Ishani Shah for plff present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None for plff.
    Adv Bhagwat for deft no. 1 present.
    Adv Shweta Tingre for deft no. 2 present.
    Adv Mitali Shah for applicant in CS 167/2019 and CS 154/2020.
    She submitted she has not received reply of deft no. 1.
    Adv for deft no. 1 undertakes to give copy of reply to applicant before next date.
    Matter stands Adj for CS Hearing to 06/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to covid matter is adjounred.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv Nikita Modi for plff present.
    Adv Bhagwat for deft no. 1 present.
    He seeks time for CS Hearing.  Granted.
    Matter stands Adj to 24/09/2021 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 24-09-2021
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 24-09-2021
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 12-11-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 12-11-2021
    Business: Advocate Nirav Marjadi for plaintiff/applicant present.
    Advocate Mr. Bhagwat for defendant no. 1 present.
    Advocate Mr. Siddharth for defendant no.2 present and he undertakes to file V/P and reply on next date.
    Matter stands Adj for reply and C/S hearing to 20.12.2021.
     Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv Vinay Shingara for plff present.
    Adv Siddharth appeared for deft no. 2 and undertakes to file VP on next date.
    Adv Swati Sagvekar for appeared deft no. 1.
    Exh 11 - She filed VP for deft no. 1. t.o.r.
    With consent of Adv, matter stands Adj for CS Hearing to 10/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None for plff.
    Adv Swati Sagavekar deft no. 1 present.
    Matter stands Adj for CS Hearing to 07/02/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: Holiday declared as per office order 27 of 2022 dated 06/02/2022.  Hence matters are taken on board on 08/02/2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 07-02-2022
    Business: Holiday declared as per office order 27 of 2022 dated 06/02/2022.  Hence matters are taken on board on 08/02/2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 07-02-2022
    Business: Holiday declared as per office order 27 of 2022 dated 06/02/2022.  Hence matters are taken on board on 08/02/2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Due to covid-19, matter is adjd to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: None for plff.
    Adv Swati Sagavekar for deft no. 1 present.
    Adv Ram Rakiyani for deft no. 2 present.
    Exh 12 - He filed VP for deft no. 2. t.o.r.
    Matter stands Adj for CS Hearing to 22/03/2022.
    LO
    Adv Vinay Shingara for plff present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Bhagyashree Parab for plaintiff present and seeks time for hearing on Ch/s. O- Granted.
    Adv Ramrakhiyani for defendant no.2 present.
    Adjd. to 19/04/2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 22-03-2022
    Business: Adv Bhagyashree Parab for plaintiff present and seeks time for hearing on Ch/s. O- Granted.
    Adv Ramrakhiyani for defendant no.2 present.
    Adjd. to 19/04/2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 22-03-2022
    Business: Adv Bhagyashree Parab for plaintiff present and seeks time for hearing on Ch/s. O- Granted.
    Adv Ramrakhiyani for defendant no.2 present.
    Adjd. to 19/04/2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv Bhagyashri Parab for plff present.
    Adv Ram Lakhiyani for deft no. 2 present.
    Adv D.A. Thorat appeared for deft no. 1.
    Exh 13 - He filed VP for deft no. 1. t.o.r.
    P. O. is busy in hearing urgent NM 1092/2022 and 1187/2022 in SU 637/2022.
    Matter stands Adj for CS Hearing to 17/06/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: P.O. is on leave in second session. Matter is adjd to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Bhagyshree Parab  for plaintiff present.
    She seek time. Time granted as last chance.
    Adv. Thorat for defendant  no. 1 present.
    Adv. Rajat Bhosale for defendant no. 2 present.
    At the request of plaintiff matter is adjd for ch/s hearing to 21/07/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv.  Vinay Shingada for plaintiff present.
    He seek time for ch/s hearing. Time grated with undertaking to work out matter on next date, on failure order regarding dismissal of ch/s will be passed on next date.
    Adv. Thorat for defendant no. 1 present.
    Adv. Ramrakhiyani for defendant no. 2 present.
    Matter is adjd for ch/s hearing to 28/7/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Vinay Shingada  for plaintiff present.
    He filed draft ch/s. Leave is granted to register it.
    Copy served on other side.
    Ch/s no. 154 of 2020 is not pressed for hearing, hence Ch/s No. 154/2020 stands disposed off.
    Adv. Thorat for defendant no. 1 present.
    Adv. Rajat Bhosale for defendant no. 2 present.
    Matter is adjd for reply on ch/s to 11/08/2022.
    Next Purpose: REPLY
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Bhagyshree Parab  for plaintiff present.
    She seek time to register ch/s. Time extended for one week.
    Adv.  Thorat for defendant no. 1 present.
    He filed reply to ch/s.
    Copy served on other side.
    Adv. Rajat Bhosale for defendant no. 2 present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing on ch/s to 25/08/2022.
    Next Purpose: HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Vinay Shingade for plaintiff present.
    He tendered register ch/s no. 1195/2022 along with affidavit.
    He seek time to file rejoinder. Time granted as last chance.
    Adv.  Thorat for defendant no. 1 present.
    Adv. Rajat Bhosale for defendant no. 2 present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 15/09/2022.
    Next Purpose: HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Bhagyshree Parab for plaintiff present.
    She filed rejoinder to the reply of defendant no. 1. TOR
    Copy served on other side.
    She seek time to file rejoinder. Time granted.
    Adv. Thorat for defendant no. 1 present.
    Adv. Ramlakhiyani for defendant no. 2 present.
    He filed reply to ch/s no. 1195 of 2022. TOR.
    Copy supplied to other side.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for rejoinder/argument to 22/09/2022.
    Next Purpose: REJOINDER
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. Fatar Pekar  for plaintiff present.
    Adv. Thorat for defendant no. 1 present.
    Adv. Ram Rakhiyani for defendant no. 2 present.
    Heard both advocate.
    FRSR following order passed:-
    Order -
    1) Chamber Summons No. 1195 of 2022 is hereby allowed with no order as to costs.
    2) Plaintiff is permitted to carry out amendment in terms schedule to the ch/s.
    3) The plaintiff shall carry out amendment within 14 days from today.
    4) Reverification of chamber summons dispensed with.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for compliance to 06/10/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: PO is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv. Vinay Shingada for plaintiff present.
    He seek time for hearing. Time granted as last chance.
    Adv. Thorat for defendant no. 1  present.
    Adv. Ramlakhiyani  for defendant  no. 2 present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 17/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv.  Bhagyshree Parab for plaintiff present.
    Adv. Thorat for defendant no. 1 present.
    Adv. Ramlakhiyani for defendant no. 2 present. KB.
    L. O.
    Adv. Shrey Fatterpekar for applicant in ch/s no. 167/2019.
    Heard both advocate.
    FRSR following order passed
    Order
    1) Chamber Summons No. 167 of 2019 is hereby allowed in terms of schedule to Chamber Summons with no order as to costs.
    2) Plaintiff to comply within 14 days.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101041/2019
    Filing Date: 24-01-2019
    First Hearing Date: 31st January 2019
    Decision Date: 17th November 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Nov 2022

    Order Details: Chamber summons Pdf Text: ORDER ..1.. MHCC010009122019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 167 OF 2019 IN SUIT NO.7623 OF 1985 (HIGH COURT SUIT NO.788 OF 1985) Sadhubella Foundation, a trust Through its Trustees 1. Acharya Swami Ganesh Dasji 2. Mr. Ramesh Makhija 3. Mr. Nandlal Chawla 4. Sudhama Bhavnani. ...Applicants. In the matter between. Ms. Sheila Malaney. ...Plaintiff. Versus. Bombay Builders Company Pvt. Ltd. and other.. … Defendants. Appearance : Adv. Shrey…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.