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CHAMBER SUMMONS

DEELIP B BUDHRANI AND ORSVsPREM TAHILRAM BUDHRANI AND ORS

CNR MHCC01003016202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 31st March 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100461/2020
Registration Date
11 Mar 2020

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: 31-03-2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for both parties hence, considering present pandemic condition, matter is adjd. for reply to Ch/s and NM hearing to 04.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None present for both the parties.
K.B.
L.O. at  4.30 pm.
None appeared for both parties when called again. Leave to register  Ch/s was granted to plaintiff on 20.02.2020. It appears that plaintiff has got the ch/s registered as Ch/s No.461/2020 but it is not tendered in the Court till date hence, matter being very old, it be kept for passing dismissal order on said ch/s to 23.02.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 23-02-2021

Date: 23-02-2021

Date: 05-08-2021
Next Purpose: SERVICE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: court is on leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Adv Wasim Ansari for plff present.
None present for deft.
Deft No.1a is served with copy of Ch/s No. 775/2021 as per affidavit of service filed on previous date. Said deft No.1a failed to file reply to Ch/s No.775/2021 hence, said Ch/s to proceed without reply of deft No.1a. It does not appear that deft Nos.1b,1c and deft Nos.2 to 4 are served with said Ch/s. Plff to serve those defts if not served already or if served, plff to file affidavit of service in that regard.
Matter is adjd. for service of ch/s No.775/2021 on deft Nos.1b, 1c and deft nos.2 to 4 or for filing affidavit of service to 20.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Plff No.3 present in person.  His advocate absent.
Adv Mr. Holmagi for deft 1a present.
None present for other defts.
Plff submitted that he is not aware whether his advocate will appear today or not.
Matter is adjd. for affidavit of service to 26.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None present for both parties.
Matter is adjd. for affidavit of service to 14.12.2021.
Judge
L.O.at 4.40 p.m.
Adv Mr. Holmagi for deft No.1a present.
Already adjd. to 14.12.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Mr.Avnendra Kumar h/f Adv Mr.Wasim Ansari present for plff. and seeks adjournment for filing affidavit of service by submitting that adv on record of the plff is held up in some another urgent matter before Hon’ble High Court.
None present for defts.
Matter is very old, adjournment as a last chance is granted.
Matter is adjd. for affidavit of service to 12.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Adv. Wasim Ansari present for plaintiff and submitted that it is learnt that defendant no.1(a) has expired.  He seeks time to take steps.
None present for defts.
Matter is adjd. for steps and hearing in Ch/s to 7/2/2022.
Judge
LO
Adv. Wasim Ansari for plaintiff present.
Adv. Kavita Sharma for Defendant no.3 present and endorsed no objection on Ch/s no.775/2021.
She also endorsed no objection on Ch/s.461/2020.
Adv. Vaibhav Kamble for Defendant no.4 present.
Already adjd. to 7/2/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv Mr. Wasim Ansari present for plff. and seeks adjournment.
Adv Ms. Sharma present for deft.No.3.
Adv Mr. Vaibhav Kamble for deft No.4 present and filed vakalatnama on behalf of deft No.4 at Exh.9. He endorsed no objection on Ch/s No.775/2021.
Plff has not filed affidavit of service of said Ch/s in respect of deft nos.1b,1c and 2.
Plff to file affidavit of service of Ch/s NO.775/2021 in respect of those defts.
On request of adv for plff, matter is adjd. for steps/compliance to 31.03.2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv Mr. Wasim Ansari present for plff. and brought to the notice that Ch/s No.461/2020 is already taken out by the plff for deleting the names of def Nos.1b and deft No.2. In view of it, it is not necessary for the plff to serve Ch/s No.775/2021 on those defts. Adv for the plff further submitted that deft No.1c is learnt to be residing with legal heirs of deft No.1a. He seeks time to serve deft no.1c with Ch/s No.775/2021.
Adv Ms. Kavita Sharma present for deft.No.3.
Heard arguments on Ch/s No.461/2020. Statement made in the affidavit filed in support of the Ch/s about causing death of deft No.1b Lal Budhrani and about death of defendant No.2 Rupwanti Budhrani are supported by the copies of death certificates produced with the supporting affidavit. Relief is claimed for deleting names of those deceased defendants only by condoning the delay. Adv for deft No.3 has endorsed no objection on the Ch/s. Considering it and the statements made in the affidavit filed in support, Ch/s N.461/2020 is allowed as prayed.
Amendment be carried out on or before next date.
Matter is adjd. for service of ch/s No.775/2021 on deft no.1c to 28.04.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 31-03-2022

Additional Case Details

Additional Case Details
Filing Number: 102441/2020
Filing Date: 11-03-2020
First Hearing Date: 31st March 2020
Decision Date: 31st March 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

3
Final Order 2Full order available
31 Mar 2022

Order Details: Chamber summons Pdf Text: Adv Mr. Wasim Ansari present for plff. and brought to the notice that Ch/s No.461/2020 is already taken out by the plff for deleting the names of def Nos.1b and deft No.2. In view of it, it is not necessary for the plff to serve Ch/s No.775/2021 on those defts. Adv for the plff further submitted that deft No.1c is learnt to be residing with legal heirs of deft No.1a. He seeks time to…

Read Full Order
Interim Order 1
23 Feb 2021
Order Details: Other
Pdf Text: 23.02.2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
53
SU 8925/93
None present for both the parties.
K.B.
L.O. at 5.00 p.m.
None appeared for the plaintiffs and defendants when called
again.
Leave to register Chamber Summons was granted to the
plaintiffs on 20.02.2020 but despite getting the Chamber
Summons registered, said registered Chamber Summons
No.461/2020 is not tendered in the Court till date by the
plaintiffs. Nobody appeared for the plaintiffs today despite
keeping back the matter till 5.00 p.m. Suit is very old and
there is no propriety to keep it pending any further at same
stage in absence of the plaintiffs hence, Chamber Summons
No.461/2020 being not tendered in the Court till date, it is
dismissed in default for want of prosecution.
As nobody is present for plff, suit be kept for dismissal order
on the next date as suit cannot proceed further in absence of
the plaintiffs.
Matter is adjd. for dismissal order to 25.03.2021.
Judge
-- 1 of 1 --
Order 1
23 Feb 2021
Order Details: Other
Pdf Text: 23.02.2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.09)
53
SU 8925/93
None present for both the parties.
K.B.
L.O. at 5.00 p.m.
None appeared for the plaintiffs and defendants when called
again.
Leave to register Chamber Summons was granted to the
plaintiffs on 20.02.2020 but despite getting the Chamber
Summons registered, said registered Chamber Summons
No.461/2020 is not tendered in the Court till date by the
plaintiffs. Nobody appeared for the plaintiffs today despite
keeping back the matter till 5.00 p.m. Suit is very old and
there is no propriety to keep it pending any further at same
stage in absence of the plaintiffs hence, Chamber Summons
No.461/2020 being not tendered in the Court till date, it is
dismissed in default for want of prosecution.
As nobody is present for plff, suit be kept for dismissal order
on the next date as suit cannot proceed further in absence of
the plaintiffs.
Matter is adjd. for dismissal order to 25.03.2021.
Judge
-- 1 of 1 --

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