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CHAMBER SUMMONS

Mr. Irwing Harold DCosta and Anr.VsIvor DCosta and Ors.

CNR MHCC0100104320202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th November 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100152/2020
Registration Date
28 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: 03-02-2020
    Business: As court is on leave, Hence board adjd.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv Sanjay Sinha for plff present.
    Deft no. 2 absent.
    Adv for defts absent.
    Adv for plff seeks time to file affidavit of service.  Granted.
    Matter stands Adj for affidavit of service to 07/03/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv J. Joseph for plff present.
    He tendered original register CS 152/2020. t.o.r.
    Adv Yusuf Rampurawala for deft no. 2, 4 and proposed deft no. 3A present.
    He undertakes to file VP for proposed deft no. 3A.
    He filed reply to CS 152/2020. t.o.r.  Copy be served to Adv for plff.
    Matter stands Adj for CS hearing to 20/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Adv. Joseph for plff present.
    Matter stands Adj for Chs Hearing to 21.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 20-03-2020
    Business: Adv. Joseph for plff present.
    Matter stands Adj for Chs Hearing to 21.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv.Mr. Jeffrey Joseph/Sanjay Sinha for plaintiff present.
    Adv. Yusuf Rampurawala for defendant no.2,4,3A is present.
    Adjd. to 04.03.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv Jeffrey Joseph for plff present.
    He seeks time to file affidavit of service and rejoinder to reply of deft no. 2 and 4.  Granted.
    Matter stands Adj for Affidavit of Service and rejoinder to 05/05/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 05-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: None for plff.
    Adv Yusuf Rampurawala for deft no. 2 and 4 present.
    He tendered draft NM for return of plaint and framing preliminary issues.  Leave to register granted.  Copy be served on other side.
    Matter stands Adj for CS Hearing and Draft NM Reply to 05/10/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv Jeffrey Joseph for plff present.
    Deft no. 2 in person present.
    Adv for defts absent.
    Adv for plff filed rejoinder to CS. t.o.r.  Copy given to deft no. 2.
    Deft no. 2 filed sur-rejoinder to rejoinder of plff. t.o.r. Copy given to Adv for plff.
    Adv for plff seeks time to file reply to NM.  Graned.
    Deft no. 2 is directed to tender original NM 2333/2021.
    Matter stands Adj for CS Hearing and NM Reply to 21/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: By Precipe
    Adv Yusuf Tanpurawala for deft no. 2 and 4 present.
    He tendered registered Notice of Motion 2333/2021. t.o.r.
    He also filed application u/s 151 of the CPC for amendment in NM.  Heard Adv for deft no. 2 and 4.  By way of application deft no. 2 and 4 wants to amend and strike out the prayer clause in NM 2333/2021.  As per order 6 R-17 of the CPC, pleadings i.e. plaint and written statement can be amended. If there is any typographical or clerical mistakes in the proceedings, that can be corrected u/s 151 of the CPC by invoking inherent powers.  Under the circumstances and above legal position, application for amendment of NM 2333/2021 is not tenable, hence application (Exh. 04) is rejected.
    However deft no. 2 and 4 is at liberty to withdrawn NM 2333/2021 and file the fresh NM if he requires to decide their controversy.
    Matter already Adj to 21/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None for plaintiff.
    Adv. Yusuf Rampurawala defendant no. 2 and 4 present.
    Matter stands Adj for Ch/s hearing to 14/02/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 14-02-2022
    Business: PO is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Jeffrey Joseph for Plaintiff present.
    Adv. Yusuf Rampurwala for defendant nos. 2 and 4 present.
    He not pressed N.M No. 2333/2021. Hence, N.M. No. 2333/2021 is disposed off as withdrawn.
    He filed Fresh draft N.M. Leave to register Granted.
    Adv. for Plaintiff seeks time to file reply on N.M. 	Granted.
    	By consent, matter stands Adjd for reply on N.M. to 05/05/2022
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Joseph for plaintiff present.
    None for defendant.
    P.O. is busy in dictating order on bunch of Adoption petitions, hence matter stands Adj for Reply to 18.07.2022.
    Next Purpose: REPLY
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 18-07-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    Adv. Yusuf Rampurawala for deft. present.
    He tendered register NM 999/22. Copy served on other side.
    Adj. for hearing on Ch/s and reply on NM to 7/09/2022.
    Both the advocates under took to supply copies in advance.
    Next Purpose: REPLY
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: (NOB TOB  for placing the matter before National Lok-Adalat will be held on 13/08/2022.)
    Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 13/08/2022 at 10.00 a.m.
    Issue notice to both parties to remain present before Naional-Lok-Adalat.
    Matter is adj. to 13/08/2022 for National Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertains to C.R.No.2.
    None present.
    Matter adjd to 05.11.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Both parties and their advocate are absent.
    Parties are directed to give CTS number of suit property.
    Already adjd to 05/11/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Jeffrey Joseph for plaintiff present.
    None for defendant present.
    Heard advocate for plaintiff.
    FRSR following order passed :-
    Order -
    1) Chamber Summons no. 152 of 2020 is hereby partly allowed without costs.
    2) Plaintiff are permitted to remove the name of defendant no. 1 and 3 from title clause as suit is abated against them.
    3) Plaintiff are permitted to carry out necessary amendment within 14 days from today through advocate.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101041/2020
    Filing Date: 28-01-2020
    First Hearing Date: 03rd February 2020
    Decision Date: 05th November 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Nov 2022

    Order Details: Chamber summons Pdf Text: ORDER ..1.. MHCC010010432020 IN THE CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 152 OF 2020 IN SUIT NO.1567 OF 2019 Irwing Harold D’Costa and constituted Attorney of 2 others. ...Plaintiffs. Versus. Ivor D’Costa and others. .… Defendants. Appearance : Adv. Jeffrey Jeseph for plaintiffs. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 5th November 2022. ORAL ORDER Perused pleadings and heard advocate for plaintiffs. Advocate for defendants absent when called…

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