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CHAMBER SUMMONS

Devanand Nilkant Acharekar and Anr.VsMahendra Nilkanth Acharekar and Ors.

CNR MHCC0100187320205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 17th October 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100287/2020
Registration Date
13 Feb 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: 05-03-2020
    Business: Adv. Ms. Priyanka Bhise for plaintiff present and tendered registered chamber sum. no.287/2020 alongwith affidavit t.o.r.
    Adv. Mrs. Rawade for MCGM/deft present.
    Adv. Mr. Rajesh Naik for defendant no.1 present.
    Matter is adjd to 09/04/2020 for reply on ch/s.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 01.06.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    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: C/S REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: As P.O. is on leave, hence matter is adjd to.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv Naik present for plaintiff.
    Adv Rawade present for MCGM/defendant and filed say on CS.
    Say of other private defendant is not received yet.
    Matter adjourned for say of private party to 16.03.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv Naik present for plaintiff.
    Adv. Nandanwar (hf) present for MCGM/defendant no.5.
    None present for defendant no.1 to 4.
    Adv of plaintiff filed additional affidavit of reply. tor.
    Matter adjourned for NM reply to 08.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, The board is discharged.
    Matter adjourned for
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: As presiding officer is on leave today hence matter is adjourn to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: As court is busy in hearing arguments on Chs. 632/2020 in suit no. 2922/2015, on Exh. 11 in suit no. 315/15 , on chs. 509/2019 in SU 1600/2016, on Chs. 377/19 in Suit no. 2505/2011 and on Chs. 1289/2018 in Suit 2130/17 and on suit no. 1914/19. Hence,  remaining board is discharged and matter is adjd. 21/09/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv. T.R. Naik present  for plaintiff.
    Adv. Sutar present for Def. No. 5
    None present for def no. 1 to 4
    Matter adjourned for NM hearing 11-11-2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: None present  for plaintiff.
    Adv. Vyavahare @ adv. Sutar present  for MCGM/defendant.
    as court is busy in hearing arguments in su. 1942/21 and st. no. 9591/21 hence remaining board is discharged.
    Matter adjourned for nm hearing to. 07/01/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv. absent for plaintiff.
    Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
    plaintiff in person present and sought adjournment on the ground that his advocate is unable to attend the court due to his illness Matter adjourned for nm hearing to 11/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    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.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: The court is busy in hearing urgent matters i.e. St.No.3521/22 and High Court time bound matter Suit No.1923/19 and dictating orders i.e. Suit No. 2558/08, Suit No.2562/08, Suit No.788/22, Suit No.795/22, Suit No.759/22 hence, for want of time board discharged.
    Matter is already adjd for NM hearing on 20-06-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Plaintiff in person is present and his advocate is absent.
    Adv. Mr. Diwate for MCGM/ defendant  No.5 is present.
    Defendant Nos.1 to 4 are absent.
    Reply is not given to the Ch/s.No.287/2020 by the defendant No.1. against whom production of documents is sought.  Hence, said Ch/s. to proceed without reply of defendant No.1.
    Matter adjourned for NM and Ch/s. hearing to 14-07-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Due to holiday declared.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Matter is already adjourned to 17-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Plaintiff is present.
    Adv Shivram Mishra along with R.N. Mishra for Plaintiff present and tendered V/P on behalf of Plaintiff along with NOC of earlier adv. TOR. Exh..
    None for deft.
    Matter is adjd for NM and Ch/s hearing on 18-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: As court is busy in high court time bound matter i.e. suit st. no. 11271/23. Hence want of time board is dis-charged.
    Matter adjourned for NM hearing on 18-04-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Plaintiff present his advocate absent.
    Adv. Vyavahare @ Adv. Rawade for MCGM/defendant.
    Matter adjourned for N/M Hearing to 18.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: Adv. Kumar for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    Considering the submissions of the Ld. Adv. for plaintiff, it reveals that Ch/s No. 287/20 is pending in this case. However, it reveals that D-1, D-2 and D-4 have not been served through the court and the plaintiff is relying on the service report upon the advocate for the D-1 and D-2 and track consignment of RPAD regarding D-3 and D-4.
    Hence, the plaintiff is directed to serve the copy of Ch/s upon D-1 through court bailief and upon D-2, D-3 and D-4 by RPAD through court and to file service report.
    Matter is adjd to 24.08.2023 for Ch/s service upon D-1 to D-4.
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2023
    
    Date: 18-07-2023
    Business: Adv. Kumar for Plaintiff present.
    Adv. Ms. Rawade for MCGM present.
    Considering the submissions of the Ld. Adv. for plaintiff, it reveals that Ch/s No. 287/20 is pending in this case. However, it reveals that D-1, D-2 and D-4 have not been served through the court and the plaintiff is relying on the service report upon the advocate for the D-1 and D-2 and track consignment of RPAD regarding D-3 and D-4.
    Hence, the plaintiff is directed to serve the copy of Ch/s upon D-1 through court bailief and upon D-2, D-3 and D-4 by RPAD through court and to file service report.
    Matter is adjd to 24.08.2023 for Ch/s service upon D-1 to D-4.
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to  03.10.2023 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: Adv. R. M. Kumar for Plaintiff present.
    Adv. Rajesh Devgharkar for D-2 present.
    Adv. Ms. Rawade for MCGM/D-5 present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd to 07.11.2023 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Adv. Mishra for plaintiff present.
    Adv. Vyavhare for defendante/MCGM is present.
    Matter is adjd  to  04-01-2024  for CS service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: Adv. Kumar for Plaintiff present.
    Adv. Devgharkar for D-2 present.
    None for D-1 and D-3.
    Adv. Vyavahare for defendant/BMC present.
    It appears from the roznama dtd. 01.02.2020 that the plaintiff has taken out draft Ch/s but after seeking leave, registered Ch/s is not tendered on record. Hence, the plaintiff is directed to tender registered Ch/s No. 287/20 on or before next date.
    Matter is adjd  to 27.02.2024 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Adv. Shivram Mishra for Plaintiff present.
    Adv. Rajesh Naik for D-1 present.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 18.04.2024 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Plaintiff present. His advocate is absent.
    Adv. Rajesh Devdhare for D-2 present.
    Adv. Vyavahare for defendant/BMC present.
    Matter is adjd  to 18.07.2024 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Plaintiff present.
    Adv. R. M. Kumar for plaintiff present.
    Adv. Sachin Vajale for defendant No. 5/BMC present.
    None for D-2 D-3, D-4.
     On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Matter is adjd  to 17.08.2024 for Ch/s service.
    Later on at 3.20 p.m. Adv. Trupti Pujari i/b Rajesh Devgharkar for D-2 present.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    Business: Adv. R. M. Kumar for plaintiff present.
    Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant No. 5/MCGM present.
    D-1 present.
    D-2, D-3 and D-4 absent.
    Applicant Anita A. Achrekar present and filed an application for withdrawal of Ch/s No. 287/20. Taken on record and marked at Exh.8
    Order on Exh. 8
    Though application Exh. 8 is tendered on record under the signature of the applicant and her advocate, concern advocate is not present and the applicant has also not possess any ID proof to determine her identity as an applicant. Moreover, registered Ch/s No. 287/20 is also not tendered on record though directions are given long back. Hence, application Exh. 8 be kept for consideration by directing the applicant to remain present on next date along with her advocate and also tender the registered Ch/s on record.
    Matter is adjd  to 17.10.2024 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: Adv. R. M. Kumar for Plaintiff present.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Adv. Rajesh Naik for D-1 present.
       Proposed plaintiff Anita Anil Acharekar claiming herself to be the widown of deceased plaintiff no. 2 is present along with her ID proof i.e. original aadhar card of which xerox copy is filed on record. (Verified from the original). She has submitted that her advocate Mr. Naik is suffering from paralysis and he has ceased to come in the court. In terms of the earlier application Exh. 8 of which contents are read over and explained to her in Marathi, she has submitted that she is not intended to proceed with the Chamber summons and withdraw the same. In fact, she has also not tendered registered chamber summons on record and submitted that it is in the custody of her advocate Mr. Naik. Hence, considering the request of the proposed plaintiff in chamber summons no. 287/2020, application Exh. 8 for withdrawal of Ch/s is allowed.
    Order
    1.  In view of application Exh. 8 and order passed on it, chamber summons no. 287 of 2020 stands disposed of for want of prosecution as withdrawn. The proposed plaintiff is directed to tender the registered Ch/s No. 287/20 on record for record purpose.
    2.  Chamber summons No. 287 of 2020 stands disposed of accordingly.
    Matter is adjd to 05.12.2024 for NM hearing.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 17-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102037/2020
    Filing Date: 13-02-2020
    First Hearing Date: 05th March 2020
    Decision Date: 17th October 2024
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Oct 2024

    Order Details: Chamber summons Pdf Text: 17.10.2024 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 728/19 Adv. R. M. Kumar for Plaintiff present. Adv. Chaitanya Dalvi for Defendant/MCGM present. Adv. Rajesh Naik for D-1 present. Proposed plaintiff Anita Anil Acharekar claiming herself to be the widown of deceased plaintiff no. 2 is present along with her ID proof i.e. original aadhar card of which xerox copy is filed on record. (Verified from the original). She has submitted that…

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