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CHAMBER SUMMONS

Sandhya Balaram RautVsShyamrao Anant Chogle and ors.

CNR MHCC01002925202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 02nd March 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100442/2020
Registration Date
07 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Sandhya Balaram Raut

    Respondent

    1. 1Shyamrao Anant Chogle and ors.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-08-2020

Date: 14-08-2020

Date: 14-10-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 04.12.2020 for Ch/s. hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to  13/01/2021 for Chamber summons hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv Mr.Vivek Agarwal h/f Adv Mr. Tiwari for Plff. present.
None for defendants.
Advocate for Plaintiff tendered registered ch/s 442/2020 along with affidavit in support. Plff to serve the copies on the other defendants and proposed legal heirs of deceased Defendant No.2.
Ld. advocate for Plaintiff submitted that two other suits between the same parties are kept on 15.01.2021.
Matter adjourned for service of notice of ch/s on the proposed legal heirs and other defendants on 15.01.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Mr. Vivek Agarwal for plff present.
None present for defts.
Advocate for the plff seeks time to serve the respondents with the copy of Ch/s No.442/2020
On request of advocate for plff matter is adjd. for appearance of respondents to 24.02.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv Mr. Vivek Agrawal for plff present and filed affidavit of service of CS No. 442/2020.
Only respondent No.2 served properly with said Ch/s but did not appear  hence Ch/s No. 442/2020 to proceed ex-parte  against respondent No.2.
Plff to take steps to serve respondent Nos.1 & 3 properly with said Ch/s.
Matter is adjd. for service of CS No. 442/2020 on respondent Nos.1 & 3 to 30.04.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Judge
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2021

Date: 07-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present for both parties.
Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date.
Matter is adjd. for steps by the plff to serve respondent Nos.1 and 3 property with Ch/s No.442/2020 to 16.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for both the parties.
Plff was directed to properly serve respondents No.1 and 3 with ch/s No.442/2020. Plff has not taken steps to comply with said order.
As nobody is present for the plff today, Ch/s No.442/2020 be kept for dismissal order.
Matter is adjd. for dismissal order to 12.10.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: None present for both parties.
K.B.
L.O.at 5.10 p.m.
None present for both parties.
Plaintiff has filed affidavit of service which shows that only the proposed legal heir No.2b ie. Pragati Chogle is served with Ch/s No.442/2020. Plaintiff is directed to serve the other legal heirs of deceased deft No.2 with Ch/s No.442/2020.
Matter is adjd. for steps/order to 15.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv Mr. Shashipal Shankar present for plff and filed affidavit of service of Ch/s No.441/2020 on respondents No.1 and 3 by way of publication in two Newspapers.
Perusal of the roznama of previous date does not suggest that plff was permitted to serve the respondent Nos.1 and 3 with ch/s by way of publication in the Newspaper. In fact, application filed on that on previous date seeking permission as such was kept for hearing today due to which, the attempt made by filing affidavit of service today cannot be accepted as proper service. ld. Adv for the plff to produce the returned postal envelope in respect of respondent Nos.1 and 3.
Adv .for the plff seeks permission to make attempt to serve respondent Nos.1 and 3 by again sending the notice by RPAD. O- Permission as prayed is granted.
Matter is adjd. for service of Ch/s to 18.01.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Due to covid-19, matter is adjd.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 02-03-2022

Date: 18-01-2022
Business: Due to covid-19, matter is adjd.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Mr. Shashipal Shankar present for plff. and filed affidavit of service of Ch/s No.442/2020 in respect of respondents No.1 and 3.
Affidavit of service filed today shows that respondents No.1 and 3 are properly served with Ch/s but they did not appear. The statement made in the affidavit filed in support of the Ch/s about causing death of deft No.2 Kesharinath Chogle is supported by the copy of death certificate produced with the Ch/s. since there is not resistance to the contentions raised in the affidavit filed in support of Ch/s that respondent Nos.2a to 2c are the only HLRs of deceased deft no.2 and since it appears that cause of action is surviving, Ch/s No.442/2020 is allowed as prayed.
Amendment as per the schedule be carried out within two weeks.
After carrying out the amendment, plaintiff shall serve the copies of amended plaint on the defendants and added defendants.
None present for deft.
Matter is adjd. for compliance to 13.04.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 02-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102787/2020
Filing Date: 07-03-2020
First Hearing Date: 21st April 2020
Decision Date: 02nd March 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Mar 2022
    Order Details: Chamber summons
Pdf Text: 02/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
57
SU 9936/99
Adv Mr. Shashipal Shankar present for plff. and filed affidavit of
service of Ch/s No.442/2020 in respect of respondents No.1 and
3.
Affidavit of service filed today shows that respondents No.1 and
3 are properly served with Ch/s but they did not appear. The
statement made in the affidavit filed in support of the Ch/s
about causing death of deft No.2 Kesharinath Chogle is
supported by the copy of death certificate produced with the
Ch/s. since there is not resistance to the contentions raised in
the affidavit filed in support of Ch/s that respondent Nos.2a to
2c are the only HLRs of deceased deft no.2 and since it appears
that cause of action is surviving, Ch/s No.442/2020 is allowed as
prayed.
Amendment as per the schedule be carried out within two
weeks.
After carrying out the amendment, plaintiff shall serve the
copies of amended plaint on the defendants and added
defendants.
None present for deft.
Matter is adjd. for compliance to 13.04.2022.
Judge
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