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CHAMBER SUMMONS

Nirabai Tukaram PatilVsMCGM - Intervener - Mohan Vithobha Gawand

CNR MHCC0100268320194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 13th November 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100550/2019
Registration Date
07 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-03-2019
Business: Adv. Ms. Vidya Korgaonkar for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adv. Mr. Shirsat for applicant present and tendered original registered Ch/s No.550/19 alongwith affidavit.
Plff is directed to register the N/M on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 7/6/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Adv. Vidya Korgaonkar for plaintiff present and tendered reply to Ch/s.  Copy served to applicant.
Adv. Korgaonkar also tendered registered NM no. 1968/19 along with affidavit.
Adv. Nikita More for applicant present.
Adv. Khandagle for Def. MCGM present.
Adjd to 05.08.2019 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. Amar Bhat for plaintiff present.
Adv. Ms. Nikita More for applicant present.
None for defendant/MCGM.
On oral request of ld adv for applicant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 09.09.2019 for Ch/s/NM arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adv. Nikita More for applicant present.
On oral request of Ld. Adv. for applicant, adjournment is granted.
Adjd to 18/10/2019 for C/S hearing.
L.O.
Adv. Namrata Kadam for plaintiff present.
Earlier order, if any, to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Bhat for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjd to 01.02.2020  for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Namrata Kadam for plaintiff present.
None for Defendants/MCGM.
Applicant present. His adv. absent.
Adjd to 24/02/2020 for Ch/s hearing as last chance.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjd to
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for Plaintiff.
Adv. Khandagale for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 03/02/2021 for Ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present.
Adv. S. G. Shirsat for applicant present. Applicant is also present.
Matter adjd to 19/03/2021 for Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Saheli Koli for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Applicant present, his advocate absent.
Earlier order, if any, to continue till next date.
Matter adjd to 23/04/2021 for Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv Amar Bhat for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
None for intervener / applicant.
Earlier order, if any, to continue till next date.
Adjd. To 21/09/2021 for NM and Ch/s hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv Dnyaneshwar Bade for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant / MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. To 20/10/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Advocate Amar Bhatt for plaintiff is present.
Advocate Tondvalkar for deft./MCGM is present.
Advocate Nikita More for applicant is present and seeks time to argue on C/S. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for C/S hearing to 15.12.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv Vidya Korgaonkar for plaintiff present and requests for time to argue on Ch/s.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Son of applicant Mr Nitin present. Applicant and advocate for applicant absent.
Earlier order, if any, to continue till next date.
Adjd. To 25/02/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Vidya Korgaonkar for plaintiff present and submitted that plaintiff is expired and she wants to take step, hence matter is adjourned.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Nikita More for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 01/04/2022 for steps by plaintiff / Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv Vidya Korgaonkar for plaintiff present.
Adv Mrs Rawade h/f Adv Tondwalkar for defendant / MCGM is present.
Intervener in Ch/s No.550/2019 is present. His advocate absent.
Earlier order, if any, to continue till next date.
Adjd. To 24/06/2022 for steps by plaintiff / Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Amar Bhat for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adv. Nikita More h/f Adv. Shirsat for applicant present.
Adv. for plaintiff submitted that plaintiff is expired hence, put up for C/S hrg. and steps by plaintiff.
Earlier order, if any, to continue till next date.
Adjd. to 10/08/2022 for C/S hrg./steps by plaintiff.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Vidya Korgaonkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Son of applicant present.
Adv. for applicant absent.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/2022 for C/S hrg./steps by plaintiff.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Neha Upadhyay for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Nikita More h/f Adv. S. G. Shirsat for applicant/intervener present and tendered application for dismissal of suit under order 22, rule 9, TOR and marked as Exh.4. Copy is supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 19/10/2022 for say on Exh.4, Ch/S hrg. and taking steps by plaintiff.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Neha Upadhayay for plaintiff present tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Nikita More for intervener present.
Earlier order, if any, to continue till next date.
Adjd. to 28/11/2022 for Ch/S reply by deft./BMC and say on Exh.4.
Next Purpose: C/S REPLY
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Namrata Kadam for plaintiff present and tendered Ch/S No.1762/2022, TOR.
None for defendant/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 10/02/2023 for service and reply to Ch/S and say on Exh.4 by deft./ BMC.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Neha Upadhyay h/f Adv. Darshan S. Kaku for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and has given say on Ch/S No.1762/2022, TOR.
Adv. Nikita More for intervener present.
Earlier order, if any, to continue till next date.
Adjd. to 06/03/2023 for hrg. on both Ch/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Amar Bhat for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Third party applicant present and requested time as his advocate is going to native place. Hence, requested time to aruge on Ch/S. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2023 for hrg. on both Ch/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Namrata Kadam h.f. Adv. Amar Bhat for plaintiff present  and requested for time to argue on CS. Time is granted till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present
Adv. Shirshat for applicant / intervenor present.
Plaintiff directed to tender Vakalatnama on next date.
Earlier order, if any, to continue till next date.
Adjd. to 24.07.2023 for hearing on both Ch/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Advocate Neha Upadhay  for plaintiff present.
Intervener/applicant present and submitted that his adv is busy in other Court. Ch/s  is pending since 2019 hence time gratned as a last chance.
Advocate Suryavanshi  for defendant/BMC present.
Partly Heard arugment of advocate for plaintiff and kept for further argument.
Earlier order, if any, to continue till next date.
Adjd to 15.09.2023 for further argument of plaintiff on Ch/s
Next Purpose: C/S P.H.
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Advocate Neha Upadhay for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Applicant present and his advocate is absent.
Earlier order, if any, to continue till next date.
Adjd  to 16.10.2023    for  further arugment of plaintiff on ch/s.
Next Purpose: C/S P.H.
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: Plaintiff present.
Advocate Neha Upadhay for plaintiff present and tendered  draft chamber summons @ affidavit in support.
Copy is supplied to  defendant.
O- Leave granted to register ch/s.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present.
Vidya Gawand intervener present.
Adjd  to 08.11.2023  for reply to ch/s
Next Purpose: C/S REPLY
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant/BMC present.
It is brought notice that plaintiff has filed application for condonation of delay it is not exhibited. Therefore this application be exhibited Exh. 5
Adv for deft /BMC has given reply to Exh. 5 overleaf.
Adjd  to  15.12.2023   for ch/s Hearing and Hearing on application of Exh. 5
L.O. 3.31 p.m
Adv. Neha Upadhay for plaintiff present.
Adv. Shirsat for Applicant present.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Matter pertains to C. R. No. 4
Advocate Namrata Kadam  for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Mohan Gawand- Intervener present.
Earlier order, if any, to continue till next date.
Adjd  to  29.01.2024 for  Ch/s Hearing and Hearing on application of Exh. 5.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Advocate Namrata Kadam h/.f Darshana for plaintiff present.
Adv Nikita More for intervener present
Advocate Suryavanshi  for defendant/BMC present.
Heard argument of Adv for Applicant LRs and BMC below Exh. 5. matter adjourned for order below Exh. 5
Adjd  to  16.02.2024   for  Order on Exh. 5
Next Purpose: ORDER
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Adv Namrata Kadam for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
As court is busy in HCTB Suit No. 2594/2023, hence matter adjourned.
Adjd for 15.03.2024   to  order on Exh.5
Next Purpose: ORDER
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Adv. Namrata Kadam for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
None present for applicant.
Adjd to 06.05.2024 for  order on condonation of delay – Exh. 5.
Next Purpose: ORDER
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Advocate Amar Bhat for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Intervener in ch/s 1762/22 present.
As Court is busy in Judgment in suit NO. 1634/2010 and NM order in Suit No. 1338/23 in NM No. 1190/23,  2171/2023 , hence matter adjourned.
Adjd  to 24.06.2024     for order on Exh. 5
Next Purpose: ORDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for plaintiff.
Advocate  Vyawahare  for defendant/BMC present.
None present for Applicant
keep back
Later on 4.54 p.m
Adv. Namrata Kadam h/f Amar Bhat for Applicant present.
Heard argument of plaintiff and deft/BMC on ch/s No. 1762/22
F.R.S.R Following common order is passed in ch/s                 No. 1762/2022 and application below Exh. 5.
ORDER
1. Application below Exhibit – 5 is allowed and the delay in taking out chamber summons  is hereby condoned.
2.  Chamber summons is hereby made absolute in terms of prayer clause (a).
3.  The necessary amendment be carried out and amended copy be served upon the other side.
Earlier order, if any, to continue till next date.
Adjd  to 19.07.2024  for Compliance as per ch/s 1762/22 and hearing on Ch/s. 550/19
Next Purpose: C/S  HEARING
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Advocate  Amar Bhat for plaintiff present and supplied amended plaint to other side.
Advocate  Honmane  for defendant/BMC present.
Adv for plaintiff submitted that requested time to file reply to ch/s No. 550/2019 and he undertake to file VP on next date.
Applicant in chs No. 550/19 present.
Adjd  to  23.08.2024  for ch/s Reply by plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Advocate Amar Bhat for plaintiff present  and submitted that plaintiff has already filed reply to ch/s No. 550/2019 but on previous date there was some confusion hence matter was kept for reply by the plaintiff.
Advocate Honmane for defendant/BMC present.
Adv Nikita More h/f Shirsath for intervener present and requested time to argue on NM. Hence time is granted as a last chance.
Adjd  to 04.10.2024   for  ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Amar Bhat for plaintiff present.
Advocate Honmane  for defendant No.1/BMC present.
Adv. S. G. Shirsath  for Applicant present.
keep back
Later on 3.40 p.m
Heard argument of both sides on Ch/s No.550/2019
Earlier order, if any, to continue till next date.
Adjd  to   18.10.2024  for  ch/s order
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Applicant present.
Advocate Honmane for defendant/BMC present.
As Court is busy in ad-interim hearing and ad-interim order, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 13.11.2024  for Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Plaintiff No. 1 A present.
Advocate Amar Bhat for plaintiff present.
Advocate  Honmane for defendant No. 1/BMC present.
Applicant present.
F.R.S.R. Following order is passed in Chamber Summons No. 550/19.
ORDER
Chambers Summons is rejected.
Earlier order, if any, to continue till next date.
Adjd  to 13.12.2024  for hearing on NM No. 1968/2019
Nature Of Disposal: DISMISSED
Disposal Date: 13-11-2024

Additional Case Details

Additional Case Details
Filing Number: 102848/2019
Filing Date: 07-03-2019
First Hearing Date: 28th March 2019
Decision Date: 13th November 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
13 Nov 2024

Order Details: Chamber summons Pdf Text: 1 C/S. No.550/19 (L.C.S. No.317/19) MHCC010026832019 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI CHAMBER SUMMONS No.550 OF 2019 IN LONG CAUSE SUIT No.317/2019 Shri. Nirabai Tukaram Patil … Plaintiff - Versus - The Municipal Corporation of Greater Mumbai ... Defendant A N D Shri. Mohan s/o. Vithoba Gawand ... Intervening party/ Interested party Appearance :- Mr. Amar Bhat, Advocate for plaintiff. Mrs. Honmane, Advocate for defendant. Mr. S. G. Shirsath, Advocate for…

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