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CHAMBER SUMMONS

Sulochana Kirtikumar ShahVsNarendra Maganlal Shah and Ors.

CNR MHCC0100205720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th August 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100394/2019
Registration Date
25 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Sulochana Kirtikumar Shah

    Respondent

    1. 1Narendra Maganlal Shah and Ors.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-03-2019
Business: None for Plaintiff.
None for Defendant.
Adj for service and filing original Ch/s to 20.03.2019.
Later on at 4.15pm.
adv. Yogesh Katira for Plaintiff present.
He filed service affidavit t.o.r.
Adv. Nayak for Defendant no.1 and 2 present.
He tendered registered Ch/s no.394/19 alongwith affidavit in support of it t.o.r.
Adj for Ch/s reply to 20.03.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: As Court is busy in dictating orders and in other work of Court, hence board is discharged and matter is adj for Ch/s reply to 14.06.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Advocate Mr. Katira for Plaintiff present
Advocate Mr. Nayak for Defendant no.1 and 2 present and filed reply to Chamber Summons no.79/19, t.o.r.
Advocate Mr. Shukla for Defendant no.4 and 5 present and submitted that on next date he will file reply to Chamber Summons no.79/19.
Plaintiff is directed to file reply to Chamber Summons no.394/19 taken out by Defendant nos.1 and 2.
It is made clear that both the Chamber Summons will be heard and decided by the court on merits.
Case is adjourned to 09/09/2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Matter called out(3.47pm)
Adv. Yogesh for plaintiff present.
Adv. S.K.Nayak for defendant present.
Plaintiff filed reply to Ch/s. No.394 of 2019. Copy tender to the advocate for defendant no. 1 and 2.
Advocate for defendant no. 4 and 5 seeking time to file reply to ch/s. No. 79 of 2019. time granted by consent.
Matter adj for hearing on 10.10.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 10-10-2019

Date: 09-09-2019
Business: Matter called out(3.47pm)
Adv. Yogesh for plaintiff present.
Adv. S.K.Nayak for defendant present.
Plaintiff filed reply to Ch/s. No.394 of 2019. Copy tender to the advocate for defendant no. 1 and 2.
Advocate for defendant no. 4 and 5 seeking time to file reply to ch/s. No. 79 of 2019. time granted by consent.
Matter adj for hearing on 10.10.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Court is busy argument on Suit No.7763/97, Suit No.9284/00 and NM 3408/19.
Adv.Yogesh for plaintiff present.
Adv.B.S.Nayak for defendant present.
Adv.Priyanka Gaonkar for defendant no.5 present.
Matter is adj to 13/11/19 for hearing on C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-11-2019

Date: 10-10-2019
Business: Court is busy argument on Suit No.7763/97, Suit No.9284/00 and NM 3408/19.
Adv.Yogesh for plaintiff present.
Adv.B.S.Nayak for defendant present.
Adv.Priyanka Gaonkar for defendant no.5 present.
Matter is adj to 13/11/19 for hearing on C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: P.O. is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Matter is called out at 2.58pm
Adv.Yogesh Katira for plaintiff present.
Adv.B.S.Nayak for defendant no.1 and 2 present mention that his brief is not traceable hence, he is seeking time. Time granted by way of last chance.
Adv.Abhishek Shukla for defendant no.4 and 5 present seeking time file reply. Time granted by way of last chance.
Matter is adj to 01/02/2020 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2020

Date: 16-12-2019
Business: Matter is called out at 2.58pm
Adv.Yogesh Katira for plaintiff present.
Adv.B.S.Nayak for defendant no.1 and 2 present mention that his brief is not traceable hence, he is seeking time. Time granted by way of last chance.
Adv.Abhishek Shukla for defendant no.4 and 5 present seeking time file reply. Time granted by way of last chance.
Matter is adj to 01/02/2020 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2020

Date: 16-12-2019
Business: Matter is called out at 2.58pm
Adv.Yogesh Katira for plaintiff present.
Adv.B.S.Nayak for defendant no.1 and 2 present mention that his brief is not traceable hence, he is seeking time. Time granted by way of last chance.
Adv.Abhishek Shukla for defendant no.4 and 5 present seeking time file reply. Time granted by way of last chance.
Matter is adj to 01/02/2020 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Matter is called out at 4.23pm
Adv.Yogesh Katira for plaintiff present.
Adv.Sakpal for defendant no.5 present.
Proposed defendant no.5 seeking time to file reply. Time granted by way of last chance.  In the event defendant no.5 failed to file reply on or before next date C/S will be heard without reply.
Adv.Dhruv Malhotra def.no.1 and 2 filed application for granted of leave to appoint new advocate. (Exh-5) O-Granted.
Adv. Dhruv Malhotra filed vakalatnama for def.no.1 and 2.(Exh-6) O-Seen and filed.
By consent.
Matter is adj to 17/03/2020 for C/S reply and hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2020

Date: 01-02-2020
Business: Matter is called out at 4.23pm
Adv.Yogesh Katira for plaintiff present.
Adv.Sakpal for defendant no.5 present.
Proposed defendant no.5 seeking time to file reply. Time granted by way of last chance.  In the event defendant no.5 failed to file reply on or before next date C/S will be heard without reply.
Adv.Dhruv Malhotra def.no.1 and 2 filed application for granted of leave to appoint new advocate. (Exh-5) O-Granted.
Adv. Dhruv Malhotra filed vakalatnama for def.no.1 and 2.(Exh-6) O-Seen and filed.
By consent.
Matter is adj to 17/03/2020 for C/S reply and hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2020

Date: 01-02-2020
Business: Matter is called out at 4.23pm
Adv.Yogesh Katira for plaintiff present.
Adv.Sakpal for defendant no.5 present.
Proposed defendant no.5 seeking time to file reply. Time granted by way of last chance.  In the event defendant no.5 failed to file reply on or before next date C/S will be heard without reply.
Adv.Dhruv Malhotra def.no.1 and 2 filed application for granted of leave to appoint new advocate. (Exh-5) O-Granted.
Adv. Dhruv Malhotra filed vakalatnama for def.no.1 and 2.(Exh-6) O-Seen and filed.
By consent.
Matter is adj to 17/03/2020 for C/S reply and hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 17-03-2020
Business: Adv. Yogesh Katira    for plaintiff present.
None for defendants.
In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
Adjd to 20-04 -2020  for C/S Hearing  .
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 17-03-2020
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 11-05-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 11-05-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 11-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 11-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
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  HEARING
Next Hearing Date: 17-06-2020

Date: 30-05-2020
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  HEARING
Next Hearing Date: 17-06-2020

Date: 30-05-2020
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  HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: C/S  HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Court is on Leave. Hence matter is adjd.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv. Yogesh Katira for plaintiff present.
None for defendant.
Heard arguments of Adv. for plaintiff on Ch.s No. 79/2019.
Adjd to 05.01.2021 for Ch/s No. 79/19 hearing. (argument of defendant)
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None for plaintiff
None for defendant
Adv. Mr. Yogesh Katera for plaintiff present.
Adv. Priyanka Rajak for def no 1 and 2 present.
she filed application for withdrwal of vakalatnama.
T.o.r. at exh.
Order :- Granted
Adjd to 08.01.2021 for Ch/Sum order.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 08-01-2021

Date: 05-01-2021
Business: None for plaintiff
None for defendant
Adv. Mr. Yogesh Katera for plaintiff present.
Adv. Priyanka Rajak for def no 1 and 2 present.
she filed application for withdrwal of vakalatnama.
T.o.r. at exh.
Order :- Granted
Adjd to 08.01.2021 for Ch/Sum order.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 08-01-2021

Date: 05-01-2021
Business: None for plaintiff
None for defendant
Adv. Mr. Yogesh Katera for plaintiff present.
Adv. Priyanka Rajak for def no 1 and 2 present.
she filed application for withdrwal of vakalatnama.
T.o.r. at exh.
Order :- Granted
Adjd to 08.01.2021 for Ch/Sum order.
Next Purpose: CS  ARGUMENTS P.H.
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv. Yogesh Kataria for plaintiff present.
Adv. Priyanka Gaonkar for State of Maharashtra defendant no. 4 and 5 present.
F.R.S.R. following order on Ch/s No. 79/2019 is passed -
Order
    Perused Ch/s and written notes of arguments filed by plaintiff and heard plaintiff\''s Ld. advocate at length.  Defendant no. 1 has filed reply to the same and objected the Ch/s on the ground of delay.
  By instant Ch/s the plaintiff seeks addition of Joint District Registrar C1-2(Rec) as defendant no. 4 in the suit.  In paragraph no. 7 of the Ch/s it is mentioned that the proposed defendant no. 4, without holding any inquiry as required under the Registration Act and without notice to the plaintiff, permitted defendant no. 1 to pay further stamp duty on a copy of gift deed (without verifying the original) in order to register the gift deed on the strength of some indemnity bond.  From this it is clear that there are allegations against the said authority.  Moreover, in the order dtd. 14.03.2017 in writ petition no. 10235/2015 liberty is granted to the plaintiff to amend the suit or file a fresh suit challenging registration of the gift deed.  The application for the amendment by instant Ch/s is filed thereafter within limitation of three years.  Therefore Ch/s is granted.  Joint District Registrar C1-2(Rec) is added as defendant no. 4 in the suit by permitting the amendment as per schedule annexed to the Ch/s and permitting the plaintiff to add the documents as per prayer clause (d).  The plaintiff shall carry out necessary amendment within 14 days from today.  Since officer of the State Government is made defendant no. 4 in the suit, the matter will have to be assigned to Hon\''ble Judge dealing with Civil suits against Government of Maharashtra.  Therefore, it is requested to reassign the matter to the said Court.
Adjd to 22.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv. Yogesh Katira for plaintiff present and tendered copy of amended plaint.  Copy served to def. no. 4 and 5.  Copy be served to def. no. 1 to 3.
Adv. Priyanka Gaonkar for defendant no. 4 and 5 present.
Adjd to 19.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Yogesh Katira for plff present.
Adv. Priyanka Gaokar for deft. No.4 and 5present.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd. to 28.04.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2021

Date: 28-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Adv. Yogesh Katira for plaintiff present.
Adjd. to 06.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021

Date: 30-06-2021
Business: Adv. Yogesh Katira for plaintiff present.
Adjd. to 06.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: At 11.51 am
Adv. Mr. Yogesh Katiar For plaintiff present and stated that since last one and half years the defendants are not appearing and proceeding with the suit therefore the plaintiff be allowed to continue with the suit.
The plaintiffs are well aware of the covid pandemic situation around the world. Therefore for last one and half years due to lockdown there was no regular hearing of the suits.
The court started regularly working since 02.08.2021.
kb for afternoon session.
L. O at 12.26 pm
Adv. Priyanka Gaonkar h/f Adv. Martina Sapkal for defendant No. 4 and 5 present.
Sheristedar stated that the status of the suit is removed from CIS. As per roznama dt. 08.01.2021 joint district registrar has been added as a party therefore the suit is re-assigned to Court Room No. 9. Sheristedar to do the compliance accordingly.
Matter is adjourned to 22/09/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Yogesh Khatira for plaintiff present.
Adv. Kudalkar for D/4 and 5 present.
Matter is adjd. to 11/11/2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2021

Date: 22-09-2021
Business: Adv. Yogesh Khatira for plaintiff present.
Adv. Kudalkar for D/4 and 5 present.
Matter is adjd. to 11/11/2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2021

Date: 11-11-2021
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Anjali Binjola present for the plaintiff and she submits that she has just received instructions for appearance as the earlier advocate for the plaintiff is no more.
None present for the defendants.
Matter is adjd. To 30.04.2022 for appearance.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-04-2022

Date: 17-02-2022
Business: Adv Anjali Binjola present for the plaintiff and she submits that she has just received instructions for appearance as the earlier advocate for the plaintiff is no more.
None present for the defendants.
Matter is adjd. To 30.04.2022 for appearance.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Power of attorney of plaintiff Mr. Kirti Shah present.
Adv. Narendra Gharat for defendant nos. 1 and 2 present and seeks time to file V/P.
Matter is adjd. to 14-06-2022 for  service of defendant no.4  and 5.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv.Sanjay Shinde for plaintiff present and file V/p. TOR and marked as Exh.  8.
He seeking time for file service affidavit -Time is granted.
Adv. Narendra Gharat for defendant no. 1 and 2 present.
Adv. Darshan Jain h/f Adv. Martina Sakpal for defendant no. 4 and 5 present.
Matter is adjd. to 18-07-2022 for service affidavit and Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Anjali Binjola for plaintiff present and she filed service affidavit.
Adv. S. G. Mahamuni for defendant no. 1 and 2 present.
Matter is adjd. to 17.08.2022 for C/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2022

Date: 18-07-2022
Business: Adv. Anjali Binjola for plaintiff present and she filed service affidavit.
Adv. S. G. Mahamuni for defendant no. 1 and 2 present.
Matter is adjd. to 17.08.2022 for C/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Sanjay Shinde for plaintiff present.
Adv. J. S. Kini for defendant no. 1 and 2 present and submitted that he filed ch/s No. 394/19, but he is going to withdraw ch/s No. 394/19 and not pressed the ch/s no. 394/19. Therefore the ch/s no. 394/19 is disposed of.
Nature Of Disposal: OTHER
Disposal Date: 17-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102318/2019
Filing Date: 25-02-2019
First Hearing Date: 06th March 2019
Decision Date: 17th August 2022
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Aug 2022
    Order Details: Chamber summons
Pdf Text: Adv. Sanjay Shinde for plaintiff present. Adv. J. S. Kini for defendant no. 1 and 2
present and submitted that he filed ch/s No. 394/19, but he is going to withdraw ch/s
No. 394/19 and not pressed the ch/s no. 394/19. Therefore the ch/s no. 394/19 is
disposed of.
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