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CHAMBER SUMMONS

Alka Ashok SinghVsJyoti Ramesh Singh

CNR MHCC0100294620202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th October 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100445/2020
Registration Date
07 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-03-2020
    Business: adjourned
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-01-2021
    
    Date: 08-02-2021
    Business: Adv. S. K. Saha for plaff present.
    Adv. Bhagyshree Dhamapurkar for deft present.
    Matter stands Adj for Ch/s reply to 11/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 08-02-2021
    Business: Adv. S. K. Saha for plaff present.
    Adv. Bhagyshree Dhamapurkar for deft present.
    Matter stands Adj for Ch/s reply to 11/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Aditya Modi for plff present.
    Adv Bhagyashri Dhamapurkar for deft present.
    She submitted that she has not received copy of CS.
    Adv for plff is directed to provide copy of CS 445/2020 to Adv for deft before next date.
    Matter stands Adj for CS Reply to 06/04/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to covid matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv B. P. Shukla for plff present.
    He tendered registered CS 445/2020. t.o.r.
    Adv Bhagyashri Dhamapurkar for deft present.
    She seeks time for CS Reply.  Granted as last chance.
    Matter stands Adj to 27/09/2021 for CS Reply and Hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv B.P.Shukla for plaintiff present
    Adv Bhagyashree Dhamapukar for defendant no. 1 present.
    She filed reply to C/S. T.O.R. copy served to advocate of plaintiff.
    Matter stands Adj for C/S Hearing on 04.10.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv V.P.Shukla for plaintiff present.
    Adv Dhamapurkar for defendant present.
    As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 11.10.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 04-10-2021
    Business: Adv V.P.Shukla for plaintiff present.
    Adv Dhamapurkar for defendant present.
    As Court is busy in dictating order in Notice of Motion, hence board discharged and adjd. for NM Hearing to 11.10.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv J. S. Yadav for plff present.
    Adv Bhagyashri Dhamapurkar for deft no. 1 present.
    Heard Adv for plff and deft no. 1 on CS.  CS is for amendment and adding son of deft no. 1 as proposed deft no. 2 in the suit.  In paragraph no. 5 of affidavit in support of CS, plff stated that during pendency of suit and operation of ad-interim order, when she was out of station from 25/07/2019 to 30/07/2019, deft no. 1 by taking advantage of absence of the plff, inducted deft no. 2 in the suit premises illegally.
    Adv for deft no. 1 pointed out attention of the Court towards order dated 12/12/2019 in contempt NM 3070/2019 and order dated 16/10/2019 in NM 4215/2018 where this Court observed that plff is not in possession of the suit premises as of now.
    Adv for deft no. 1 further submitted that reliefs claimed by the plff by way of proposed amendment is barred u/s 6 by the Specific Relief Act.
    From the perusal of CS, it appears that plff is amending the plaint due to subsequent events happened during the pendency of the suit and she is also amending the prayer clause of the suit.
    Admittedly the plff is amending the plaint after six month of the cause of action stated in paragraph no. 04 of the schedule.  Hence the proposed amendment is barred u/s 6 of the Specific Relif Act but the plff can seek relief of possession u/s 5 of the Specific Relief Act.
    Hence CS for proposed amendment is tenable and no prejudice would cause to deft no. 1 if amendment is allowed as deft no. 1 can amend her written statement and issues can be framed.
    Under the facts and circumstances, Chamber Summons 445/2020 is allowed as per clause (a).
    Plaintiff to carry out the amendment as per the schedule attached with the Chamber summons within 14 days from the date of this order and served copy of amended plaint on deft no. 1 and proposed defts.
    No order as to costs.
    Chamber Summons 445/2020 is disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 11-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103265/2020
    Filing Date: 07-03-2020
    First Hearing Date: 30th March 2020
    Decision Date: 11th October 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Oct 2021

    Order Details: Chamber summons Pdf Text: 11.10.2021 36 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) SU 2807/2018 @ CS 445/2020 Adv J. S. Yadav for plff present. Adv Bhagyashri Dhamapurkar for deft no. 1 present. Heard Adv for plff and deft no. 1 on CS. CS is for amendment and adding son of deft no. 1 as proposed deft no. 2 in the suit. In paragraph no. 5 of affidavit in support of CS,…

    Read Full Order

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