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CHAMBER SUMMONS

Mohamed Musa PathanVsSK Meherunissa Mohd. Taqui

CNR MHCC0100104420202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st February 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100153/2020
Registration Date
28 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: 17-02-2020
    Business: As Court is on leave hence, Board adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2020
    
    Date: 17-02-2020
    Business: As Court is on leave hence, Board adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present.
    Matter stands Adj for Service to 20.04.2020
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 17-03-2020
    Business: None present.
    Matter stands Adj for Service to 20.04.2020
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 11-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: None present.
    Matter stands Adj for service to 17/10/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Adv Sushil Inamdar for plff present.
    He tendered registered CS. t.o.r.
    He also tendered affidavit of service in CS. t.o.r.
    Matter stands Adj for CS Reply to 15/02/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Plff in person present.
    He filed affidavit of service of CS 153/2020 on deft. t.o.r.
    Deft present.
    Adv Siraj Ahmed for deft present.
    Matter stands Adj for CS Service and CS Reply to 17/03/2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Plaintiff present.
    He filed affidavit of service on the defendant. TOR.
    Adv. Siraj Ahmed for defendant present.
    He filed additional written statement.
    He seeks time to file reply on chamber summons. Granted
    Matter stands Adj. for CS reply on 12.04.2021
    Next Purpose: REPLY
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: As Holiday declared as per office order 78/2021. Due to covid matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Due to Covid-19 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Plff in person present and his Adv absent.
    Deft present.
    Adv Siraj for deft present.  He submitted that he has not received copy of CS.
    Plff is directed to serve copy of CS to deft.
    Matter stands Adj for CS Reply to 17/09/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv Sushil Inamdar for plff present.
    Adv Siraj Shaikh for deft present.
    Copy of CS 153/2020 is served to Adv for deft.
    Adv for deft seeks time to file CS reply.  Granted.
    Matter stands Adj for CS Reply and Hearing to 11/10/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Plff present.
    Adv Sushil Inamdar for plff present.
    None for deft.
    Matter stands Adj for CS Hearing to 24/11/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Plff in person present.
    He seeks time for CS Hearing.  Granted.
    Deft present.
    Adv Siraj Shaikh for deft present.
    He filed CS reply. t.o.r.  Copy given to plff.
    Matter stands Adj for CS Hearing to 04/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Plff present.
    Adv Sushil Inamdar for plff present.
    He filed rejoinder to CS. t.o.r.  Copy be served on deft.
    Matter stands Adj for CS Hearing to 31/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Adv. Sushil Inamdar for plaintiff present.
    None present for defendant.
    Adjd to 21.02.2022 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Plff and deft present.
    Adv Sushil Inamdar for plff present.
    Adv Siraz Shaikh for deft present.
    Heard Adv for both parties on Chamber summons 153/2020. Perused the record.  Chamber summons is for recasting of issue no. 2 and framing additional issue in respect of compensation for wrongful use of the suit premises by the deft.  Adv for deft submitted that plff has filed the false suit against the deft.
    From the perusal of record, it appears that suit is for possession of the suit premises.  Plff wants to amend issue no. 2 with respect to date of his dispossession i.e. 17/12/2012.
    Now plff wants to amend the issue no. 2 on the ground that deft took possession of the suit premises on 16/01/2013.  Further the plff is praying for framing at additional issues with regard to compensation for wrongful use of the suit premises by the deft.
    Under the circumstances, no prejudice would be coused to the deft if chamber summons is allowed as deft will have the opportunity to cross-examine the plff on the date of dispossession or on the ground of compensation.  Hence Chamber summons 153/2020 is allowed and disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101152/2020
    Filing Date: 28-01-2020
    First Hearing Date: 17th February 2020
    Decision Date: 21st February 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Feb 2022

    Order Details: Chamber summons Pdf Text: 21.02.2022 32 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 3162/2013 @ CS 153/2020 Exh. 05A Plff and deft present. Adv Sushil Inamdar for plff present. Adv Siraz Shaikh for deft present. Heard Adv for both parties on Chamber summons 153/2020. Perused the record. Chamber summons is for recasting of issue no. 2 and framing additional issue in respect of compensation for wrongful use of the suit premises…

    Read Full Order

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