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CHAMBER SUMMONS

Nakhuda Mohamed Ali RogayVsMrs. Kukoo G. Mistry and Ors.

CNR MHCC0100222820202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th November 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100344/2020
Registration Date
21 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 09

Case History / Proceedings

Case History
Date: 27-02-2020
Business: Adv G. R. Mishra for plff present.
Adv Ganesh Lambade for deft no. 1 and 2 present.
Adv for plff seeks time to file reply to CS.  Granted.
Matter stands Adj for CS reply to 24/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Declared Holiday
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Nagvdana for defendant present.
Matter stands Adj for Reply on Ch/s to 04.02.2021
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021

Date: 07-12-2020
Business: None for plaintiff.
Adv. Nagvdana for defendant present.
Matter stands Adj for Reply on Ch/s to 04.02.2021
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Ashwini Chicholikar for plff present.
Adv Srishty Thorat for deft present.
She requested time to tile reply.
Matter stands Adj for Ch/s reply to 25.02.2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-02-2021

Date: 04-02-2021
Business: Adv Ashwini Chicholikar for plff present.
Adv Srishty Thorat for deft present.
She requested time to tile reply.
Matter stands Adj for Ch/s reply to 25.02.2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Shrishty Thorat for deft no. 1 and 2 present.
She tendered registered Ch/s. No. 344/20.
Adv G. R. Mishra for plff present.
He seeks time to reply. Granted as a last chance.
Matter stands Adj for Ch/s. reply to 20.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2021

Date: 25-02-2021
Business: Adv. Shrishty Thorat for deft no. 1 and 2 present.
She tendered registered Ch/s. No. 344/20.
Adv G. R. Mishra for plff present.
He seeks time to reply. Granted as a last chance.
Matter stands Adj for Ch/s. reply to 20.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv Ashwini Chincholikar for plff present.
She filed reply to CS 344/2020. t.o.r.  Copy served to Adv for deft.
Adv Shrushti Thorat for defts present.
Matter stands Adj for CS Hearing to 23/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to Covid-19, Matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None for plff.
Adv Shrushti Thorat for deft present.
Matter stands Adj for CS Hearing to 14/10/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. G.R. Mishra for plaintiff present.
Adv. Shrushti Thorat for defendant no.1 and 2 present.
As Court is buzy in administrative work.
Matter stands Adj on 26.11.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: None for plff.
Adv Shrushti Thorat for deft no. 1 and 2 present.
Heard Adv for deft no. 1 and 2 on Chamber summons 344/2020.  Suit is for declaring deft no. 1 and 2 as a trace passer.  Suit is filed by Trustee of the Charitable Trust.  Cause of action to file the suit arose on 13/09/2013.  Adv for deft no. 1 and 2 submitted that management of the Trust is taken over by the Waqf Board in the year 2020.  Issues are framed on 04/07/2019 and the case is fixed for evidence of the plff.  Trail is commence.  Chamber summons for amendment taken out by the deft no. 1 and 2 is not necessary for deciding the real controversy between the parties.  Hence Chamber summons 344/2020 is not tenable in view of provisions of O-6, R-17 of the CPC as well as proviso to O-6, R-17 of the CPC.  Hence Chamber summons 344/2020 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 26-11-2021

Additional Case Details

Additional Case Details
Filing Number: 102445/2020
Filing Date: 21-02-2020
First Hearing Date: 27th February 2020
Decision Date: 26th November 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
26 Nov 2021
Order Details: Chamber summons
Pdf Text: 26.11.2021
37
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 3708/2013
@ CS 344/2020
None for plff.
Adv Shrushti Thorat for deft no. 1 and 2 present.
Heard Adv for deft no. 1 and 2 on Chamber summons
344/2020. Suit is for declaring deft no. 1 and 2 as a trace
passer. Suit is filed by Trustee of the Charitable Trust.
Cause of action to file the suit arose on 13/09/2013. Adv
for deft no. 1 and 2 submitted that management of the Trust
is taken over by the Waqf Board in the year 2020. Issues are
framed on 04/07/2019 and the case is fixed for evidence of
the plff. Trail is commence. Chamber summons for
amendment taken out by the deft no. 1 and 2 is not
necessary for deciding the real controversy between the
parties. Hence Chamber summons 344/2020 is not tenable
in view of provisions of O6, R17 of the CPC as well as
proviso to O6, R17 of the CPC. Hence Chamber summons
344/2020 is dismissed.
Matter stands Adj for Evidence of the plff to 10/02/2022.
Judge
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