CHAMBER SUMMONS
Dattatraya Ganpat Kothawadekar and Ors.VsMCGM And Ors.
CNR MHCC01003110201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 10th October 2019
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 100625/2019
- Registration Date
- 18 Mar 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 19-03-2019 Business: Advocate Ms. Mansi for Plaintiff present and filed registered Chamber Summons no.625/19 with affidavit in support, t.o.r. Advocate for BMC/Deft present. Chairman of Defendant no.2 present and submitted that, on next date, reply to the Chamber Summons will be filed. Adjourned. Case is adjourned to 26/03/2019 for Chamber Summons reply. Next Purpose: C/S REPLY Next Hearing Date: 26-03-2019 Date: 26-03-2019 Reason For Adjournment: court time is over Next Purpose: C/S HEARING Next Hearing Date: 11-04-2019 Date: 11-04-2019 Business: Plaintiff present. Adv. Ms. Mansi Chikode h/f adv. P.J.Ramchandani for the plaintiff present. Adv. Ms. Hajare for the defendant/BMC present. Adv. Ms. Hajare submitted her reply on Chamber Summons. Adjd. To 26.04.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 26-04-2019 Date: 26-04-2019 Business: Plaintiff present his advocate absent. Advocate Ms.Chavan for defendant no. 1/MCGM present. None for other defendants. Plaintiff submitted that his advocate is not feeling well. Adjourned as last opportunity. The Case is adjd. To 15.06.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 15-06-2019 Date: 15-06-2019 Business: As court is on half day leave. Hence board is discharged. Next Purpose: C/S HEARING Next Hearing Date: 08-07-2019 Date: 08-07-2019 Business: Adv. Ms. Mansi Chikode h/f adv. P.J.Ramchandani for the plaintiff present and undertakes to file affidavit of service on ch/s on proposed defendants. Advocate Ms. Chavan for defendant no.1/MCGM present. The case is adjourned to 19.07.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 19-07-2019 Date: 19-07-2019 Business: Advocate Ms. Chikode for plaintiff present and filed affidavit of service. TOR and marked as Exh. 59 Advocate Mr. Giri for defendant /MCGM present. The case is adjourned to 30.07.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 30-07-2019 Date: 30-07-2019 Business: Court is on leave. Board is discharged Next Purpose: C/S HEARING Next Hearing Date: 16-08-2019 Date: 16-08-2019 Business: Plaintiff present. His advocate absent. Advocate Ms. Mhatre for defendant/MCGM present. KB LO at 4.45pm Same appearance. Plaintiff sought time. Time is granted as last opportunity subject to costs of Rs. 1000/- payable to DLSA. The case is adjourned to 19.09.2019 for Ch.s hearing. Next Purpose: C/S HEARING Next Hearing Date: 19-09-2019 Date: 19-09-2019 Business: Advocate Ramchandani for plaintiff present. Advocate Ms. Mhatre for defendant/MCGM present. Heard advocate for plaintiff Chamber Summons no. 625/19. KB LO at 5.00pm Adv. Ms.Chikode for plaintiff present. Manik Prabhakas Sanas member of defendant no.2 Society present and sought time. Time is granted as last opportunity. The case is adjourned to 21.09.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 21-09-2019 Date: 21-09-2019 Business: Adv. Ms.Mansi Chikode for plaintiff present Advocate Prabhu Walawalkar for defendant no. 2 present and submitted that adv. Ambedkar is not keeping well. He sought time. Considering reason time is granted. Advocate Ms.Mhatre for defendant/MCGM present. The case is adjourned to 10.10.2019 for Chamber Summons hearing. Next Purpose: C/S HEARING Next Hearing Date: 10-10-2019 Date: 10-10-2019 Business: Plaintiff present. Advocate Ms. Mansi Chikode for Plaintiff present. Advocate Ms. Mhatre for defendant/MCGM present. Advocate Sampanna Walawalkar h/f adv. Ambedkar for defendant no. 2 present. Heard. Proceedings indicate that defendants 3 to 7 were added subsequently. Plaintiff has come with a case that proposed defendant has purchased the property from defendants 3 to 7 vide a deed of conveyance, a copy of which is produced with affidavit in support of Chamber Summons. Chamber Summons is not opposed by defendants 1 and 2. In such circumstances, it is in the fitness of the circumstances to allow the Chamber Summons and to bring on record the subsequent purchaser since the suit is mandatory injunction and declaration. Hence the order - ORDER 1. Chamber Summons no. 625/19 is made absolute in terms of prayer clauses (a) and (b). 2. Plaintiff shall carry out the amendment within two weeks from today. 3. Plaintiff shall serve the copy of amended plaint on newly added defendant. 4. Costs in cause. The case is adjourned to 24.10.2019 for compliance. Nature Of Disposal: ALLOWED Disposal Date: 10-10-2019
Additional Case Details
Additional Case Details
Filing Number: 103367/2019 Filing Date: 18-03-2019 First Hearing Date: 19th March 2019 Decision Date: 10th October 2019 Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE
Orders
1Final Order 110 Oct 2019
10 Oct 2019
Order Details: Other Pdf Text: Plaintiff present. Advocate Ms. Mansi Chikode for Plaintiff present. Advocate Ms. Mhatre for defendant/MCGM present. Advocate Sampanna Walawalkar h/f adv. Ambedkar for defendant no. 2 present. Heard. Proceedings indicate that defendants 3 to 7 were added subsequently. Plaintiff has come with a case that proposed defendant has purchased the property from defendants 3 to 7 vide a deed of conveyance, a copy of which is produced with affidavit in support of Chamber Summons. Chamber Summons is not opposed by defendants 1 and 2. In such circumstances, it is in the fitness of the circumstances to allow the Chamber Summons and to bring on record the subsequent purchaser since the suit is mandatory injunction and declaration. Hence the order - ORDER 1. Chamber Summons no. 625/19 is made absolute in terms of prayer clauses (a) and (b). 2. Plaintiff shall carry out the amendment within two weeks from today. 3. Plaintiff shall serve the copy of amended plaint on newly added defendant. 4. Costs in cause. The case is adjourned to 24.10.2019 for compliance. -- 1 of 1 --
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