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CHAMBER SUMMONS

CHHAGANLAL DEVILAL KOTIA and Ors.VsJEROME FRANCIS DSOUZA AND ORS

CNR MHCC0100285720201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 08th March 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100431/2020
Registration Date
06 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1CHHAGANLAL DEVILAL KOTIA and Ors.

Respondent

  1. 1JEROME FRANCIS DSOUZA AND ORS

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Due to National Lockdown (Covid-19).
All parties absent.
Matter adjd to 08.03.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present.
The plaintiff is directed to tender on record original registered CH/S No. 431/2020.
Matter adjd for CH/S reply on 17.04.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: In view of Office Order No. 73/21, all Courts shall remain closed on every Saturday. 17.04.2021 is Saturday, hence,  adjd to 31.07.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: Matter received from C.R.No.14.
In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 28.08.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: None present.
Matter adjd for CH/S reply on 12.11.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv. Motiwala for plaintiff is present and tendered original registered CH/S No. 431/2020. T.O.R.
None for defendant.
Matter adjd for CH/S service and reply on 12.01.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 08/03/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. A. Q. Motiwala for pltff present.
None for deft.
Adv for pltff tendered Affidavit of service.  TOR.
Order below CS No. 431/20-
Perused the CS which is supported by an affidavit.  In spite of service none appeared for the proposed LR\''s.  It is submitted that deft no. 5 died on 03/12/2019.  The delay in taking out CS has been satisfactory explained as the pltff is not aware about the death of deft no. 5.  Considering the nature of the suit it is necessary to bring the LR\''s of deceased deft no. 5 on record. Hence in the interest of justice I pass the following order.
ORDER
1. CS No. 431/20 is allowed and made absolute in terms of prayer clause (a) to (c).
2. Pltff to carry out the amendment within four weeks and shall supply the copy of amended plaint upon the defts within four weeks thereafter.
Matter is adjd to 16/06/2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 08-03-2022

Additional Case Details

Additional Case Details
Filing Number: 103198/2020
Filing Date: 06-03-2020
First Hearing Date: 17th April 2020
Decision Date: 08th March 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
08 Mar 2022
Order Details: Chamber summons
Pdf Text: 46 08.03.2022
SU 7779/98
CS 431/20
CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL
COURT,GR.MUMBAI (C.R.NO.1)
Adv. A. Q. Motiwala for pltff present.
None for deft.
Adv for pltff tendered Affidavit of service. TOR.
Order below CS No. 431/20
Perused the CS which is supported by an affidavit. In spite of
service none appeared for the proposed LR's. It is submitted that
deft no. 5 died on 03/12/2019. The delay in taking out CS has
been satisfactory explained as the pltff is not aware about the
death of deft no. 5. Considering the nature of the suit it is
necessary to bring the LR's of deceased deft no. 5 on record.
Hence in the interest of justice I pass the following order.
ORDER
1. CS No. 431/20 is allowed and made absolute in terms of
prayer clause (a) to (c).
2. Pltff to carry out the amendment within four weeks and shall
supply the copy of amended plaint upon the defts within four
weeks thereafter.
Matter is adjd to 16/06/2022 for compliance.
Judge
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