CHAMBER SUMMONS
Daulat Sheriar Ahrestani and Ors.VsVariegate Real Estate Pvt. Ltd. and Ors.
CNR MHCC0100246520184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th December 2020
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100349/2018
- Registration Date
- 16 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 10-04-2018 Business: Adv. Krishanan Present for the Plff. Adv. Ms. Pushnuma Present for the Deft. no. 10 and 11. Adv. Souresh Present for the Deft.1. Adv. for the Plff filed registered CS no. 349/15, 350/18, 351/18 alongwith affidavit t.o.r. Ld counsel for the Plff sought time to filing service affidavit. Adj for Service affidavit on 06/07/2018. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-07-2018 Date: 06-07-2018 Business: Adv Mr. Krishna for plff. Present. Adv Mr. Saurish Shetye for deft.1 present. Adv Ms. Avasia for deft. nos. 10,11 present. Deft no. 12 in person present. Adjd. For affidavit service on 22.09.2018. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 22-09-2018 Date: 22-09-2018 Business: Adv. for Plaintiff Present. Clerk of defendant Present. 22Nd September 2018 is holiday, wrongly date is given. Hence matter is adjourned to 24/10/2018 for affidavit of service Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-10-2018 Date: 24-10-2018 Business: Adv. Mr. Krushnan for Plaintiff Present and filed affidavit of service to show that, Ch/su wasserved on defendant nos. 1, 6, 10, 11, and 12 and Proposed defendant nos. 7-1 to 7-2 are t.o.r.He also submitted that, Postal remark on envelope of defendant nos. 3, 4 returned unclaimed defendant no. 4 not collected inspite intimation given to him. I find returned unclaimed and not collected amounts to service. Hence defendant nos. 3, 4, 8 and 9 are served. Postal remark of Proposed defendant no. 5-1 so it is not clear whether it is served or not. Hence Plaintiff to take steps for service against Propose defendant no. 5. Adv. Ms. Karuna Nagpal for defendant no. 1 Present. Adv. Ms. Kalanja for defendant nos. 10 and 11 Present and submitted that, she do not want file reply all three chamber summons. Adjd to 20/02/2019 for service of ch/su on defendant no. 5-A Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-02-2019 Date: 20-02-2019 Business: Adv. Ms. Sonam for Plaintiff Present. Adv. Mr. Saurish Shetye for defendant no. 1 Present. Adv. Ms. Shabeen Moghul for defendant nos. 10 and 11 Present. Adjd to 13/06/2019 for service affidavit Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-06-2019 Date: 13-06-2019 Business: Adv. for plff present. Adv. Khushnuma i/b Mulla and Mulla for deft. 10 and 11 present. Exh. - Affidavit of service is filed on behalf of plff. The notice is returned as the addressee was not found at the given address. As such the proposed legal heir of deft. no.5 is not properly served. It is submitted on behalf of the plff that he has earlier received a letter from said proposed legal heir in which the same address mentioned. Such letter is annexed at Exh. A. It is a letter dated 2016 Exh. - V/p filed by adv. Ms. Taruna Nagpal for deft. no.1. She submits that deft.no.1 does not object the ch/s Hence, adjd. for argument on all three ch/s to 18.07.2019. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 18-07-2019 Date: 18-07-2019 Date: 03-08-2019 Business: Matter called out (2.48pm) Plaintiff in person present. Adv.Taruna Nagpal for defendant no.1 present. Adv.Dushyant Krishnan for defendant no.10 and 11 present. Due to the change of court room hence matter is not traceable. Matter adj for hearing on C/S on 13/08/19. Next Purpose: C/S HEARING Next Hearing Date: 13-08-2019 Date: 03-08-2019 Business: Matter called out (2.48pm) Plaintiff in person present. Adv.Taruna Nagpal for defendant no.1 present. Adv.Dushyant Krishnan for defendant no.10 and 11 present. Due to the change of court room hence matter is not traceable. Matter adj for hearing on C/S on 13/08/19. Next Purpose: C/S HEARING Next Hearing Date: 13-08-2019 Date: 03-08-2019 Business: Matter called out (2.48pm) Plaintiff in person present. Adv.Taruna Nagpal for defendant no.1 present. Adv.Dushyant Krishnan for defendant no.10 and 11 present. Due to the change of court room hence matter is not traceable. Matter adj for hearing on C/S on 13/08/19. Next Purpose: C/S HEARING Next Hearing Date: 13-08-2019 Date: 03-08-2019 Business: Matter called out (2.48pm) Plaintiff in person present. Adv.Taruna Nagpal for defendant no.1 present. Adv.Dushyant Krishnan for defendant no.10 and 11 present. Due to the change of court room hence matter is not traceable. Matter adj for hearing on C/S on 13/08/19. Next Purpose: C/S HEARING Next Hearing Date: 13-08-2019 Date: 13-08-2019 Business: Matter called out (3.48pm) Adv.Dushyant Krishnan for plaintiff present. Adv. Sachin Shankar for defendant no.1 present. Adv.Khushnuma Karanjia for defendant no.10 and 11 present. Matter not traceable. Matter adj for hearing on all three C/S on 07/09/19. Next Purpose: C/S HEARING Next Hearing Date: 07-09-2019 Date: 13-08-2019 Business: Matter called out (3.48pm) Adv.Dushyant Krishnan for plaintiff present. Adv. Sachin Shankar for defendant no.1 present. Adv.Khushnuma Karanjia for defendant no.10 and 11 present. Matter not traceable. Matter adj for hearing on all three C/S on 07/09/19. Next Purpose: C/S HEARING Next Hearing Date: 07-09-2019 Date: 13-08-2019 Business: Matter called out (3.48pm) Adv.Dushyant Krishnan for plaintiff present. Adv. Sachin Shankar for defendant no.1 present. Adv.Khushnuma Karanjia for defendant no.10 and 11 present. Matter not traceable. Matter adj for hearing on all three C/S on 07/09/19. Next Purpose: C/S HEARING Next Hearing Date: 07-09-2019 Date: 13-08-2019 Business: Matter called out (3.48pm) Adv.Dushyant Krishnan for plaintiff present. Adv. Sachin Shankar for defendant no.1 present. Adv.Khushnuma Karanjia for defendant no.10 and 11 present. Matter not traceable. Matter adj for hearing on all three C/S on 07/09/19. Next Purpose: C/S HEARING Next Hearing Date: 07-09-2019 Date: 07-09-2019 Business: Matter called out(2.58pm) Note-Staff is relieve by 4.00 p.m as per the order of Honble P.J Adv.Dushyank Krishnan for plaintiff no.2 present. Adv.Sachin Shankar for defendant no.1 present. Adv.Khushuma for defendant no.10 and 11 present. Matter adj for hearing on C/S on 01/10/19. Next Purpose: C/S HEARING Next Hearing Date: 01-10-2019 Date: 07-09-2019 Business: Matter called out(2.58pm) Note-Staff is relieve by 4.00 p.m as per the order of Honble P.J Adv.Dushyank Krishnan for plaintiff no.2 present. Adv.Sachin Shankar for defendant no.1 present. Adv.Khushuma for defendant no.10 and 11 present. Matter adj for hearing on C/S on 01/10/19. Next Purpose: C/S HEARING Next Hearing Date: 01-10-2019 Date: 07-09-2019 Business: Matter called out(2.58pm) Note-Staff is relieve by 4.00 p.m as per the order of Honble P.J Adv.Dushyank Krishnan for plaintiff no.2 present. Adv.Sachin Shankar for defendant no.1 present. Adv.Khushuma for defendant no.10 and 11 present. Matter adj for hearing on C/S on 01/10/19. Next Purpose: C/S HEARING Next Hearing Date: 01-10-2019 Date: 07-09-2019 Business: Matter called out(2.58pm) Note-Staff is relieve by 4.00 p.m as per the order of Honble P.J Adv.Dushyank Krishnan for plaintiff no.2 present. Adv.Sachin Shankar for defendant no.1 present. Adv.Khushuma for defendant no.10 and 11 present. Matter adj for hearing on C/S on 01/10/19. Next Purpose: C/S HEARING Next Hearing Date: 01-10-2019 Date: 01-10-2019 Business: Matter called out(2.53pm) Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 is present. Adv.Khushnuma Karanja i/b Mulla and Mulla for defendant no.10 and 11 present. Adv. for plaintiff tendered draft Notice of Motion alongwith affidavit for substitute service. O-Leave is granted to register the Notice of Motion. Draft N/M handed over to the plaintiff for registration. At the request of plaintiff advocate. Matter is adj to 19/11/19 for reply on N/M and hearing on C/S. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-11-2019 Date: 01-10-2019 Business: Matter called out(2.53pm) Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 is present. Adv.Khushnuma Karanja i/b Mulla and Mulla for defendant no.10 and 11 present. Adv. for plaintiff tendered draft Notice of Motion alongwith affidavit for substitute service. O-Leave is granted to register the Notice of Motion. Draft N/M handed over to the plaintiff for registration. At the request of plaintiff advocate. Matter is adj to 19/11/19 for reply on N/M and hearing on C/S. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-11-2019 Date: 19-11-2019 Business: Matter called out(3.04pm) Adv.Dushyant Krishnan for plaintiff present tendered registered N/m no.3865/19. T.O.R. Plaintiff seeking time to file service affidavit. Time granted. Adv.Ms.Khushnuma Karanja for defendant no.10 and 11 present. Adv.Sachin Shant i/b DSK Legal for defendant no.1 present. Matter is adj to 07/01/2020 for filing service report and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2020 Date: 19-11-2019 Business: Matter called out(3.04pm) Adv.Dushyant Krishnan for plaintiff present tendered registered N/m no.3865/19. T.O.R. Plaintiff seeking time to file service affidavit. Time granted. Adv.Ms.Khushnuma Karanja for defendant no.10 and 11 present. Adv.Sachin Shant i/b DSK Legal for defendant no.1 present. Matter is adj to 07/01/2020 for filing service report and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2020 Date: 19-11-2019 Business: Matter called out(3.04pm) Adv.Dushyant Krishnan for plaintiff present tendered registered N/m no.3865/19. T.O.R. Plaintiff seeking time to file service affidavit. Time granted. Adv.Ms.Khushnuma Karanja for defendant no.10 and 11 present. Adv.Sachin Shant i/b DSK Legal for defendant no.1 present. Matter is adj to 07/01/2020 for filing service report and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2020 Date: 19-11-2019 Business: Matter called out(3.04pm) Adv.Dushyant Krishnan for plaintiff present tendered registered N/m no.3865/19. T.O.R. Plaintiff seeking time to file service affidavit. Time granted. Adv.Ms.Khushnuma Karanja for defendant no.10 and 11 present. Adv.Sachin Shant i/b DSK Legal for defendant no.1 present. Matter is adj to 07/01/2020 for filing service report and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-01-2020 Date: 07-01-2020 Business: Matter is called out at 3.30pm Adv.Dushyant Krishnan for plaintiff present filed affidavit of service in respect of N/M No.3865/19 alongwith the return envelope. According to the plaintiff the acknowledgment of defendant no.9 is not yet receive.T.O.R Adv.Ms.Tarona Nagpal i/b DSK Legal for defendant no.1present. Adv.Meezan Patel for defendant no.6 present. Adv.Khushama Kanonjia i/b Mulla and Mulla for defendant no.10 and 11 present. At the request of plaintiff. Matter is adj to 07/02/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2020 Date: 07-01-2020 Business: Matter is called out at 3.30pm Adv.Dushyant Krishnan for plaintiff present filed affidavit of service in respect of N/M No.3865/19 alongwith the return envelope. According to the plaintiff the acknowledgment of defendant no.9 is not yet receive.T.O.R Adv.Ms.Tarona Nagpal i/b DSK Legal for defendant no.1present. Adv.Meezan Patel for defendant no.6 present. Adv.Khushama Kanonjia i/b Mulla and Mulla for defendant no.10 and 11 present. At the request of plaintiff. Matter is adj to 07/02/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2020 Date: 07-01-2020 Business: Matter is called out at 3.30pm Adv.Dushyant Krishnan for plaintiff present filed affidavit of service in respect of N/M No.3865/19 alongwith the return envelope. According to the plaintiff the acknowledgment of defendant no.9 is not yet receive.T.O.R Adv.Ms.Tarona Nagpal i/b DSK Legal for defendant no.1present. Adv.Meezan Patel for defendant no.6 present. Adv.Khushama Kanonjia i/b Mulla and Mulla for defendant no.10 and 11 present. At the request of plaintiff. Matter is adj to 07/02/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2020 Date: 07-01-2020 Business: Matter is called out at 3.30pm Adv.Dushyant Krishnan for plaintiff present filed affidavit of service in respect of N/M No.3865/19 alongwith the return envelope. According to the plaintiff the acknowledgment of defendant no.9 is not yet receive.T.O.R Adv.Ms.Tarona Nagpal i/b DSK Legal for defendant no.1present. Adv.Meezan Patel for defendant no.6 present. Adv.Khushama Kanonjia i/b Mulla and Mulla for defendant no.10 and 11 present. At the request of plaintiff. Matter is adj to 07/02/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-02-2020 Date: 07-02-2020 Business: Matter is called out at 3.08pm Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 present. Adv.Meezan Patel for defendant no.6 present. Adv.Ms.Khushma Kanojia i/b M/s Mulla and Mulla for defendant no.10 and 11 present. Matter is adj to 16/03/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2020 Date: 07-02-2020 Business: Matter is called out at 3.08pm Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 present. Adv.Meezan Patel for defendant no.6 present. Adv.Ms.Khushma Kanojia i/b M/s Mulla and Mulla for defendant no.10 and 11 present. Matter is adj to 16/03/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2020 Date: 07-02-2020 Business: Matter is called out at 3.08pm Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 present. Adv.Meezan Patel for defendant no.6 present. Adv.Ms.Khushma Kanojia i/b M/s Mulla and Mulla for defendant no.10 and 11 present. Matter is adj to 16/03/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2020 Date: 07-02-2020 Business: Matter is called out at 3.08pm Adv.Dushyant Krishnan for plaintiff present. Adv.Sachin Shankar i/b DSK Legal for defendant no.1 present. Adv.Meezan Patel for defendant no.6 present. Adv.Ms.Khushma Kanojia i/b M/s Mulla and Mulla for defendant no.10 and 11 present. Matter is adj to 16/03/2020 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: Adv. Dushyant Krishnan for plaintiff present. Adv. M. R. Patel for defendant no. 6present. In view of the advisory to subordinate courts in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned. Adjd to 18-04-2020 for NM Reply . Next Purpose: NM REPLYREJOINDER Next Hearing Date: 18-04-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-05-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-05-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-05-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-05-2020 Date: 08-05-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-05-2020 Date: 08-05-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-05-2020 Date: 08-05-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-05-2020 Date: 08-05-2020 Business: Covid-19 Lockdown from 23-03-2020 Matter adj. to Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-05-2020 Date: 29-05-2020 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: NM REPLYREJOINDER Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19) Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-07-2020 Date: 22-07-2020 Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-10-2020 Date: 03-10-2020 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. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-12-2020 Date: 03-10-2020 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. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-12-2020 Date: 07-12-2020 Business: Adv. Dushyant Krishnan for plaintiff present. None for defendants. Ld. Adv. for the plaintiff has filed pursis for withdrawal of NM No. 3865/2019. It is accepted and NM No. 3865/19 is disposed off as withdrawn. Heard arguments of Adv for plaintiff on Ch/s No. 349/18, 350/18, 351/18. Order on Ch.s No. 349/18 Perused the ch/s and heard Ld. Adv. for the plaintiff. The contesting defendants No. 10 and 11 have not chosen to file reply to the Ch/s. The proposed amendment does not change nature of the suit and is necessary for deciding the controversy between the parties. Therefore Ch/s No. 349/18 is allowed. Necessary amendment be carried out in the plaint on or before next date. After carrying out the amendment writ of summons be issued to the defendants no. 3 and 4 afresh. Nature Of Disposal: ALLOWED Disposal Date: 07-12-2020
Additional Case Details
Additional Case Details
Filing Number: 102574/2018 Filing Date: 16-02-2018 First Hearing Date: 10th April 2018 Decision Date: 07th December 2020 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
2Final Order 107 Dec 2020
07 Dec 2020
Order Details: Other Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100349/2018 Daulat Sheriar Ahrestani and Ors. Vs Variegate Real Estate Pvt. Ltd. and Ors. Date : 07-12-2020 Business : Adv. Dushyant Krishnan for plaintiff present. None for defendants. Ld. Adv. for the plaintiff has filed pursis for withdrawal of NM No. 3865/2019. It is accepted and NM No. 3865/19 is disposed off as withdrawn. Heard arguments of Adv for plaintiff on Ch/s No. 349/18, 350/18, 351/18. Order on Ch.s No. 349/18 Perused the ch/s and heard Ld. Adv. for the plaintiff. The contesting defendants No. 10 and 11 have not chosen to file reply to the Ch/s. The proposed amendment does not change nature of the suit and is necessary for deciding the controversy between the parties. Therefore Ch/s No. 349/18 is allowed. Necessary amendment be carried out in the plaint on or before next date. After carrying out the amendment writ of summons be issued to the defendants no. 3 and 4 afresh. Nature of Disposal : ALLOWED Disposal Date : 07-12-2020 COURT 4 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 107 Dec 2020
07 Dec 2020
Order Details: Other Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100349/2018 Daulat Sheriar Ahrestani and Ors. Vs Variegate Real Estate Pvt. Ltd. and Ors. Date : 07-12-2020 Business : Adv. Dushyant Krishnan for plaintiff present. None for defendants. Ld. Adv. for the plaintiff has filed pursis for withdrawal of NM No. 3865/2019. It is accepted and NM No. 3865/19 is disposed off as withdrawn. Heard arguments of Adv for plaintiff on Ch/s No. 349/18, 350/18, 351/18. Order on Ch.s No. 349/18 Perused the ch/s and heard Ld. Adv. for the plaintiff. The contesting defendants No. 10 and 11 have not chosen to file reply to the Ch/s. The proposed amendment does not change nature of the suit and is necessary for deciding the controversy between the parties. Therefore Ch/s No. 349/18 is allowed. Necessary amendment be carried out in the plaint on or before next date. After carrying out the amendment writ of summons be issued to the defendants no. 3 and 4 afresh. Nature of Disposal : ALLOWED Disposal Date : 07-12-2020 COURT 4 ADDL SESSIONS JUDGE -- 1 of 1 --
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