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CHAMBER SUMMONS

Shri. Vipul Khimji RambhiaVsShri. Ram Prasad +3 more

CNR MHCC0100249220203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 05th December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100369/2020
Registration Date
28 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-03-2020
    Business: Raman Kamble for plaintiff present a nd filed original NM no. 369/20 along with affidavit.
    Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
    Matter stands Adj for  hearing on NM to 11.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for NM hearing to 7/10/20.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Advocate Kamble h/f adv. Mirashi for plaintiff present. Plaintiff has not yet tendered registered Chamber Summons. Plaintiff shall tender it by next date.        None for defendant.                                                   The case is adjourned to 09.02.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Advocate Kagde h/f adv. Mirashi for plaintiff present and seeks time. Time is granted as last opportunity.
    None for defendant.
    The case is adjourned to 18.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Advocate Harshal Mirashi for plaintiff present.
    Original Chamber Summons 369/20 is on record.
    He undertakes to serve the Chamber Summons on other side.
    The case is adjourned to 07.04.2021 for ch./s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Due to COVID-19 pandemic the board is discharged.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Matter called out at 3.44 p.m.
    Adv. Mitesh Parmar h/f Adv. Harshal Mirashi for plaintiff.
    Adv. Fahad Qureshi h/f I. R. Qureshi for Deft. No. 3 and 4 present.
    Adv. Mitesh Parmar for the plaintiff requested for time to file service affidavit. Time granted.
    Plaintiff undertakes to serve the copy of CHS to the advocate of Deft. No. 3 and 4.
    Matter stands adjourned to 30.10.2021 for Service.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Matter called out at 3.28 p.m.
    None present.
    Matter stands adjourned to 15.12.2021 for service.
    Later on at 3.31 p.m.
    Adv. Shweta Kansara h/f Adv. Harshal Mirashi for plaintiff present.
    Already adjourned to 15.12.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Plaintiff in person present.
    Adv. Shweta Kansara for plaintiff present.  She tendered draft CS.
    O-leave granted to register.
    Draft CS handed over to plaintiff for registration.
    None present for defendant.
    As court is busy in recording evidence in SU No.3271/13 and SU No.380/13. Therefore, matter stands adjourned to 24.01.2022 for service.
    Later on at 5.08 p.m.
    Service affidavit on NM was already taken on record.
    Adv. Fahad Qureshi for Deft. No.3 and 4 present.
    Already adjourned to 24.01.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Adv. Shweta Kansara I/b Harshal Mirashi for plaintiff present. She tendered reg. CS No.124/22. TOR.
    None present for defendant.
    Matter stands adjourned to 08.03.2022 for service.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Matter called out at 3.12 p.m.
    Adv. Pramila Ghadigaonkar h/f Adv. Harshal Mirashi for plaintiff present. She tendered affidavit of service a/w postal receipt in CS. TOR.
    Adv. Fahad Qureshi h/f I. R. Qureshi for Deft. No. 3 and 4 present. He is seeking time. Time granted.
    Matter stands adjourned to 22.04.2022 for reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Court is on leave, Hence board is discharged. Matter adj. to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: Court is on Leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Harshal Mirashi for plaintiff present.
    None present for defendant.
    As court is busy in hearing expedite NM in Suit No.2903/2018.
    Matter stands adjourned to 28.09.2022 for reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Qureshi h/f Adv. I. Qureshi for Deft. no.3 and 4 present. He is seeking time to file reply. Time granted.
    None present for plaintiff.
    Matter stands adjourned to 05.12.2022 for reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv. Harshal Mirashi for plaintiff present.
    Adv. Qureshi for Deft. no.3 and 4 present.
    Heard the Advocate of plaintiff on CS No.369/2020.
    Plaintiff filed CS No.369/2020 to delete the Deft. no.1 and 2 from the array of defendants contending that these defendants now are not in possession of the suit property and have left the premises. Hence, they are not necessary party to the suit. The suit is filed for permanent injunction. The plaintiff is claiming obstruction at the hands of defendants and that there is a personal grievance against each defendant. Hence, there is no need to call reply of Deft. no.3 and 4. Deft. no.1 and 2 have not appeared before this court. The plaintiff being dominus litis entitled for the relief prayed for.
    ORDER
    1.  Hence, CS No.369/2020 is hereby allowed.
    2.  Plaintiff is permitted to delete the name of Deft. no.1 and 2 from the array of defendants within stipulated period.
    3.  CS No.369/2020 is disposed off accordingly.
    Matter stands adjourned to 01.02.2023 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102808/2020
    Filing Date: 28-02-2020
    First Hearing Date: 12th March 2020
    Decision Date: 05th December 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Dec 2022
    Order Details: Other
    Pdf Text: 05.12.2022
    Sr. No. 52
    SU 471/16
    CS 124/22
    NM 3671/16
    CS 369/20
    NM 1527/16
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    Adv. Harshal Mirashi for plaintiff present.
    Adv. Qureshi for Deft. no.3 and 4 present.
    Heard the Advocate of plaintiff on CS No.369/2020.
    Plaintiff filed CS No.369/2020 to delete the Deft. no.1 and 2 from the
    array of defendants contending that these defendants now are not in
    possession of the suit property and have left the premises. Hence, they are
    not necessary party to the suit. The suit is filed for permanent injunction.
    The plaintiff is claiming obstruction at the hands of defendants and that
    there is a personal grievance against each defendant. Hence, there is no
    need to call reply of Deft. no.3 and 4. Deft. no.1 and 2 have not appeared
    before this court. The plaintiff being dominus litis entitled for the relief
    prayed for.
    ORDER
    1. Hence, CS No.369/2020 is hereby allowed.
    2. Plaintiff is permitted to delete the name of Deft. no.1 and 2 from
    the array of defendants within stipulated period.
    3. CS No.369/2020 is disposed off accordingly.
    Matter stands adjourned to 01.02.2023 for compliance.
    Judge
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