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MISC APPLICATION

Smt. Veena Prafulchandra DalalVsSmt. Pallavi alias Pushpa - (since deceased) Jitendra M. Pannalal +1 more

CNR MHCC0100302720202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 10th November 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100044/2020
Registration Date
11 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: None present.
    Matter is adjd for service to  29.10.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Adv. Francisca Philip for plaintiff present.
    She informed that plaintiff died on 19.11.2020. She is directed to take steps.
    Matter stands Adj for Service to 30.01.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv Framcisca Philip appeared for applicant.
    Exh A - She tendered VP for applicant. t.o.r.
    She also tendered draft CS.  Leave to register granted.
    She is directed to serve copy of CS on other side.
    Matter stands Adj for CS Service to 26/02/2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Plaintiff and her adv absent.
    Affidavit of service is not file by the plaintiff.
    Matter stands Adj to 25/03/2021 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: P. O. is on Leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Adv. Ms. Philip for plaintiff.
    She tendered registered Chamber summons no. 292/2021 to bring legal heirs of plaintiff on record.
    She filed affidavit of service. TOR.
    Adjd to 28.07.2021 for hearing on Ch/S and MA.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Both parties and their Adv absent.
    Matter stands Adj to 10/11/2021 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Francisca Philip for applicants present.
    Applicant no.1(c) Mrs. Deepa Vipul Gheelani, daughter of original plaintiff (deceased) present.
    Applicants/daughters of original plaintiff filed Ch/sum no.292/2021 for amending the plaint by deleting name of original plaintiff/decree holder and substituting name of applicants in place of original plaintiff.  Suit is disposed of by judgment and order dated 31.10.2018.  Hence, Ch/sum is not legally tenable and decree cannot be amended.  Hence, Ch/sum No.292/2021 is dismissed.
    However, applicants filed MA no.44/2020 only for return of original documents and for that purpose, they have filed Ch/sum No.292/2021.  As the original plaintiff is expired on 20.11.2020 i.e. after passing of the judgment and decree and as applicants are legal heirs of original plaintiff, they are entitled to get original documents filed by the plaintiff in Suit no.9407/1999 (High Court Suit No.5387/1999).  Hence, MA No.44/2020 is allowed.  Registrar (Civil) is directed to deliver original documents of plaintiff (deceased) to any of the applicant herein after submitting photocopies of original documents and give two keys of suit flat which is attached with the Court record as mentioned in the miscellaneous application no.44/2020. Proceeding is closed. Authenticated copy of roznama be given to Adv. for applicants.
    Nature Of Disposal: ALLOWED
    Disposal Date: 10-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103318/2020
    Filing Date: 11-03-2020
    First Hearing Date: 27th March 2020
    Decision Date: 10th November 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Nov 2021

    Order Details: Other Pdf Text: 10.11.2021 39 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) MA 44/2020 @ CS 292/2021 Adv. Francisca Philip for applicants present. Applicant no.1(c) Mrs. Deepa Vipul Gheelani, daughter of original plaintiff (deceased) present. Applicants/daughters of original plaintiff filed Ch/sum no.292/2021 for amending the plaint by deleting name of original plaintiff/decree holder and substituting name of applicants in place of original plaintiff. Suit is disposed of by judgment and order dated…

    Read Full Order

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