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CHAMBER SUMMONS

Kuresh S- o Rustom Kushesh And OrsVsFarokh Khodadad Irani - alias Yazdegardi And Ors

CNR MHCC01002434201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 26th July 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100492/2019
Registration Date
04 Mar 2019

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: 27-03-2019
    Business: Adv. Gayatri Sharma for plff. present and has tendered registered Ch/sum No.492/19 along with supporting affd. t.o.r
    Adv. for D/1 present.
    Rest of the defts are absent.
    On request of Adv. for both parties, Matter is adjd. to. 24.04.2019 for reply to D/1 on Ch/sum and service of Ch/sum on D/2 to 7.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv. for plff present and has filed affidavit of service of CS No. 492/19 on deft no. 2,5,and 7. TOR.
    adv. for deft present and has filed affidavit in reply to CS No. 492/19.TOR. she has also filed affidavit In reply in NM No. 3820/18. TOR.
    Rest of defendants are absent. they are duly served affidavit of service but they have failed to appear. hence CS shall proceed exparte against them.
    Matter is adjd. to. 20/06/2019 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: As court is busy in detection in High court time bound appeals 114/19 to 130/19. Hence board is partly discharged.
    Matter is adjd. to. 21/08/2019  for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Adv. A. P. Singh for plff present.
    None for deft.
    It appears that Hon\''ble High Court has opined that ch/s No. 251/12 needs to be decided. Since None appeared for defendant, last chance is granted for hearing on Ch/s No. 251/12 to 16.11.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Court is on leave.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv.  A. B.   Singh  for plaintiff present.
    Adv.  Kishor Jain   for defendant No. 1 present.
    Adjd to 25-02-2020    for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. A. B. Singh  for plaintiff present.
    Adv.   Dilip Sathay  for defendant no. 1 present.
    None for other defendants.
    KB LO
    Adv.  Jain  for defendant no. 1 present.
    Heard both sides on NM No. 3820/18.
    Adjd to 06-03-2020  for NM No. 3820/18  order .
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Court is on leave, hence board is discharge.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    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: CHAMBER SUMMONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Court is on leave. Hence, matter is adjd.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Adjd to 27.01.2021  for Ch.s hearing.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 09.02.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. A. P. Singh for plaintiff present.
    None for defendants.
    Adv. for plaintiff submits that Ch.s no. 251/12 is pending for hearing.  However, the said Ch/s was registered in Hon\''ble High Court before the suit was transferred to City Civil Court.  Therefore, the plaintiff is directed to register the Ch/s in City Civil Court for statistical purpose.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Adjd to 23.02.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv. A. P. Singh for plaintiff present and tendered original registered Ch/s No. 339/21 along with affidavit. (After renumbering the Ch/s no. 251/12)
    None for defendants.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Adjd to 16.03.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. A.P.Singh for plaintiff present.
    Adv. Dilip Satale for defendant no. 1 present.
    On oral request of learned adv for defendant no. 1 adjournment granted.
    Adjd to .06.04.2021 for Ch/Sum Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Court is on leave, hence, matter is adjd
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 13.08.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. A. P. Singh I/b Srivastava and co.for plaintiff present.
    Adv. for defendant No. 4 to 7 present.
    Adv. Dileep Satale for Respondent No. 2 present.
    Adv. for plaintiff filed registered chamber summons No. 823/2021. t.o.r.
    Adv. for Respondent No. 2 is seeking time for argument. Granted as last chance.
    Adv. for Respondent No. 2 is seeking time to file reply. Incase reply is not filed adjournment granted to file reply as last chance to the parties. Both the parties to note that all the three chamber summons will be heard and decided on next date and no adjournments will be granted.
    Adjd for Ch/s  reply if any/Chamber summons arguments to 03/09/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. For plaintiff present.
    Adv. Mr. Satale for defendant No. 2 present.
    Adv. Amrita Singh For defendant No. 4 to 7 present.
    Adv. For plaintiff filed an application to taken on record written submissions. t.o.r.
    Adv. For plaintiff filed written submissions. t.o.r.
    Adjd for Ch/s hearing to 12/10/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv. A. P. Singh For plaintiff present.
    Adv. Amrita Singh For defendant No. 4 present.
    Adv. Dileep Satale filed vakalatnama on behalf of respondent No. 2. t.o.r. O- R and R.
    Adv. For respondent No. 2 filed affidavit in reply to to Chs 823/21. t.o.r.
    Adjd for Ch/s hearing to 20/11/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Dt.20/11/2021
    Suit 6217/07
    CS 339/21
    CS 492/19
    CS 823/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 11.26 AM
    Adv. A. P. Singh for plaintiff is present.
    Adv. Ankita Singh for deft. No.5 is present.
    LO. At 11.30 AM
    Adv.  A. P. Singh for plaintiff stated that he did call for respondent no.2, he said that he will not be able to come.
    Heard argument for advocates for plaintiff and defendant no.5
    KB for argument for advocate for defendant no.2 till afternoon.
    LO AT 3.22 PM
    None for plaintiff.
    Adv for deft no.1 is present.
    KB
    LO At 4.00PM.
    Adv. Darshit Jain for deft no.1 present and seeks adjournment for argument granted as last chance.
    Sheristedar to get the file tagged properly with the reply of chamber summons/Notice of motion.
    Adjd for argument of deft no.1 to 24/11/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Darshit Jain for defendant NO. 1 present.
    Heard arguments of Adv. Mr. Darshit Jain for deft No. 1 partly.
    Adjd for Chamber summons arguments PH of defendant No. 1 to 30/11/2021
    Reason For Adjournment: court time is over
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. A. P. Singh for plaintiff present.
    Adv. Darshit Jain along with adv. Dileep Satale for respondent present.
    Defendant NO. 2 present.
    Defendant No. 2 filed affidavit. t.o.r.
    Court busy in passing orders in suit no. 1505/20 and argument in NM 3410/21 in suit no. 7706/85 hence adjourned.
    Adjd for chs arguments PH to 11/01/2022
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Court is on leave
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Wrongly on board
    Adv. For plaintiff present.
    Adv. Dileep Satale For applicant present.
    Already adjd to 28/04/2022
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Dt.28/04/2022
    Suit 6217/07
    CS 492/19
    CS 339/21
    CS 823/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv. A. P. Singh I/b S. K. Srivastav for plaintiff present.
    Adv. Dileep Satale for respondent present.
    Adjd for CS arguments P. H. to 26-07-2022.
    Next Purpose: CS  ARGUMENTS P.H.
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. U. P. Singh for plaintiff present.
    Adv. Dilip Sathale  for defendant present.
    Heard both sides in all three Chamber summons
    C/S No.  339/21 is filed in the year 2012 and it has old C/S No.  251/12. It is filed to delete names of deceased defendant no. 3 and 4 and to add defendant no. 3a in place of defendant no. 3. Lrs of defendant no. 4 are already on record. Defendant no. 3 expired on 31-10-2010 and there is apperant delay in filing chamber summons. Similarly C/S No.  492/19 is filed for deleting name of deceased defendant no. 6 who died on 08-10-2018. C/S No.  823/21 is filed to bring Lrs of deceased defendant no. 1 on record. Defendant no. 1 expired on 04-04-2021. Considering nature of litigation and the fact that Lrs of deceased defendant have right to proceed with the matter, all three chamber summons can be allowed by condoning delay as per order 22 Rule 4 (5) (b) of the C.P.C.. Hence, C/S No.  492/19, C/S No.  823/21 and C/S No.  339/21 are made absolute as prayed. The plaintiff is directed to carry out amendment in the plaint within 15 days from the date of these order.  The proceedings of C/S No.  492/19, C/S No.  823/21 and C/S No.  339/21 are closed.
    Matter is adjd.to 27-09-2022 for compliance.
    Nature Of Disposal: OTHER
    Disposal Date: 26-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102510/2019
    Filing Date: 04-03-2019
    First Hearing Date: 27th March 2019
    Decision Date: 26th July 2022
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Jul 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100492/2019 Kuresh S- o Rustom Kushesh And Ors Vs Farokh Khodadad Irani - alias Yazdegardi And Ors Date : 26-07-2022 Business : Adv. U. P. Singh for plaintiff present. Adv. Dilip Sathale for defendant present. Heard both sides in all three Chamber summons C/S No. 339/21 is filed in the year 2012 and it has old C/S No. 251/12. It is…

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