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CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100183/2020
Registration Date
31 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: 26-02-2020
    Business: Matter is called out at 3.23pm
    Adv.Surabhi Vadnavkar h/f R.V.Sipahimalani for plaintiff present.
    Defendant in person present she filed reply on C/S No.183/2020. T.O.R
    Copy served to the other side.
    It appears from the record that, plaintiff did not tendered registered C/S.
    Earlier order to continue, if any.
    Matter is adj to 08/04/2020 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Due to Covid-19
    None present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Plaintiff and his advocate absent.
    Adv A.J. Rijvi for defendant no.1 present.
    Matter adjd for hearing on Ch/Su. on 16/02/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Plaintiff and advocate absent.
    Adv for defendant present.
    Defendant present.
    As per the roznama dated 26/02/2020 register C/s 183 of 2020 not filed though the reply is filed on that day.
    Adjd. for filing register C/s on 08/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff and advocate absent.
    Adv A.J. Rizvi for defendant no.1 present.
    Defendant present.
    As a last chance to the plaintiff matter adjd for N.M. and C/s hearing on 07/04/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Matter adj for CS hearing on 21.06.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: None present for plaintiff.
    Advocate Pradeep Yadav for defendant is present. He tendered V/N marked as Exh-13.
    Adjourned for CS hearing to 28.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: (Matter pertains to C.R. No. 63)
    Adv. R. V. Sipahimalani for plaintiff present.
    Advocate Pradip Yadav for defendant present.
    Earlier order, if any, to continue till next date.
    Adjd. for Hearing on NM to 16.07.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. R. V. Sipahimalani for plaintiff present.
    Adv. Pradip Yadav for defendant  present.
    Earlier order if any, to continue till next date.
    Matter is adjd.to 19-08-2022 for NM Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Ravindra Singh for plaintiff present.
    Defendant in person present.
    Earlier order, if any, continue till next date.
    Matter is adjd.to 19-9-2022 for NM Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Ravindra Singh for plaintiff present.
    Defendant in person present.
    Earlier order if any, to continue till next date.
    Matter is adjd.to 21-11-2022 for  NM Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Advocate Sipahimalani for plaintiff is present.
    Advocate Pradip Yadav for defendant is present and requested for time to argue on NM - Granted.
    Earlier order if any, to continue till next date.
    Adjd. for NM hearing to 13/04/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Advocate Sipahimalani for plaintiff is present and tendered original CS No. 183/2020. TOR. He also filed rejoinder. Copy is supplied to other side.
    Advocate Pradeep Yadav for defendant present.
    Earlier order if any, to continue till next date.
    Adjd. for CS hearing to 27/04/2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Advocate Sipahimalani for plaintiff is present.
    Advocate Prashant Yadav for defendant is present.
    Earlier order if any, to continue till next date.
    Adjd. for CS hearing to 05/07/2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: Adv R. V. Sipahimalani for plaintiff present.
    Adv Pradip Yadav for defendant present.
    Earlier order is any is continued till next date.
    Matter is adjd. For hearing 24/08/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Matter pertains to C.R. No.63
    Adv. Sipahimalani present for plaintiff.
    Adv. Pradeep Yadav present for defendant.
    Earlier order if any to continue till next date.
    Matter is adjd. for C/S hearing to 14.09.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-09-2023
    
    Date: 14-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. R. V. Sipahimalani present for plaintiff.
    Adv. Pradeep Yadav present for defendant.
    Heard adv. for plaintiff and defendants on CS no.183/2020. Chamber Summons is taken for bringing LR’s of deceased plaintiff no.01. As per death certificate, plaintiff no.01 died on 31.10.2019. Chamber Summons is taken on 14.01.2020 i.e. within limitation. Suit is filed for declaration and injunction. Hence, right to sue survives to LR’s of plaintiff no.01. Defendant no.01 opposed the Chamber Summons on the ground that applicant no.02 cannot be legal heirs of plaintiff no.01. However, she being daughter entitled to be added as a legal heirs of plaintiff. Thus, the objection taken by defendant does not survives. Chamber Summons deserves to be allowed. Hence I passed foll order
    Order:
    1) Chamber Summons no.183/2020 is allowed in terms of prayer clause (a) and (b).
    2) Plaintiffs are permitted to carry out amendment in the plaint within limitation.
    3) After amendment, copy of amended plaint be served on defendants.
    4) Chamber Summons no.183/2020 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101084/2020
    Filing Date: 31-01-2020
    First Hearing Date: 26th February 2020
    Decision Date: 14th September 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Sept 2023

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100183/2020 Suvarna K Mistry - deceased.Mr. Pramod S. Battulwar and Ors /Smt. Rupali Gautam and Ors. -Applicant Vs Mrs. Sanjivani Madhukar Chilwar - Defts. Date : 14-09-2023 Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv. R. V. Sipahimalani present for plaintiff. Adv. Pradeep Yadav present for defendant. Heard adv. for plaintiff and defendants on CS no.183/2020. Chamber Summons is…

    Read Full Order

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