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CHAMBER SUMMONS

Mandakini Kesrinath Patil and ors.VsShamrao Anant Chogle and Ors.

CNR MHCC01002926202062-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
100441/2020
Registration Date
07 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mandakini Kesrinath Patil and ors.

    Respondent

    1. 1Shamrao 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
Business: National Lockdown
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned.
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 11.12.2020 for Ch/s. reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Advocate Mr. Vivek Agarwal for plaintiff present.
None present for Defendants.
It seems that due to Corona pandemic, Defendants and their advocate are absent, hence case is adjourned to 15/01/2021 for Chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Mr. Vivek Agarwal for plff present.
None present for deft.
Advocate for the plff tendered registered CS No.441/2020.
He seeks time to serve the respondents with the copy of  Ch/s.
Matter is adjd. for reply of respondents to CS to 24.02.2021.
Next Purpose: C/S REPLY
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. 441/2020.
Only respondent no. 2 served properly with said Ch/s but did not appear hence, Ch/s No. 441/2020 to proceed ex-parte against respondent No.2.
Plff to take steps to serve respondent No. 1 and 3 properly with said Ch/s.
Matter is adjd. for service of CS No.441/2020 on respondent Nos.1 and 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: 18-06-2021

Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present for the plff.
None present for defts.
Matter is adjd. for service of ch/s no.441/2020 on respondent Nos.1 & 3 to 15.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv Mr.Vivek Agarwal for plff present and seeks time to file affidavit of service in respect of respondent Nos.1 and 3 in ch/s No.441/2020.
None present for defts and respondents.
Matter is adjd. for filing affidavit of service to 29.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2021

Date: 15-09-2021
Business: Adv Mr.Vivek Agarwal for plff present and seeks time to file affidavit of service in respect of respondent Nos.1 and 3 in ch/s No.441/2020.
None present for defts and respondents.
Matter is adjd. for filing affidavit of service to 29.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Vivek Agrawal present for plff. and filed application on affidavit in Ch/s No.441/2020 to allow the plff to publish notice of  Ch/s in Newspaper for substitute service on respondent Nos.1 and 3. Only one returned postal envelope is produced with the affidavit of service filed previously. Plff to explain how only one notice was sent to respondent Nos.1 and 3 as there is nothing in the affidavit of service that those two respondents are staying together.
None present for deft.
Matter is adjd. for hearing to 15.11.2021.
Next Purpose: HEARING
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.441/2020 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.441/2020 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: 102788/2020
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)
56
SU 8918/99
Adv Mr. Shashipal Shankar present for plff. and filed affidavit of
service of Ch/s No.441/2020 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.441/2020 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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