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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

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    1
    Final Order 1
    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.
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