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CHAMBER SUMMONS

Murari S/o. Krishnaji ChavanVsDamyanti Murari Chavan and Ors.

CNR MHCC0100322020208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd February 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100488/2020
Registration Date
14 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: 19-03-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    only matters for argument are taken up.
    Matter is adjd. to 12.06.2020
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Ms. Sana Khan for the plaintiff.
    Adv. Mr. Akhilesh Singh for the defendants No.1 to 3.
    Advocate for the plaintiff tendered  two registered Ch/s No.488/2020 and Ch/s No. 601/2020 along with affidavit\''s in support. t.o.r.
    Matter is adjd. to 05/04/2021 for service/ Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 28.06.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: due to covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None for plaintiff.
    Adv. Mangal Kadam for defendant No.4 present.
    Matter is adjd. to 13/10/2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv.  Riddhi for plaintiff present.
    Adv. Parth Pandey for the defendant No.1 present.
    Adv. Mangal Kadam for defendant No.4 present.
    On oral request of the ld. advocate for the defendant No.1 , matter is adjd. to 14/12/2021 for reply to Ch/s No.601/2020 and Ch/s No. 488/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Sana Khan for plaintiff present.
    Adv. Viraj Jadhav h/f Hari Singh for defendant present.
    Matter is adjd. to 03/02/2022 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 19.04.2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: Adv. Neha pandey  present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    Adv. Mangal submitted that defendant no. 04 don\''t want to file reply to chs. no. 488/2020 and chs. no. 601/2020.
    Defendant on. 01, 02 and 03 failed to file reply to the chs.
     Hence chs. be proceeded without their reply
    Matter adjourned for affidavit of service and hrg on chs. To 06/05/22.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: None present for plaintiff.
    Adv. Narvekar present for applicant in chs.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    Adv. Akhilesh singh Present for defendant no. 01 to 03.
    Matter adjourned for affidavit of service and hearing on chs. to 28/07/22.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Ravindra singh present for plaintiff and sought adjournment to file affidavit of service of chs.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    Matter adjourned for service affidavit and hearing on chs. To 29/08/22.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Narvekar present for plaintiff and served copy of chs. To defendant no. 02A.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    Adv. Vilas jadhav hf adv. Akhilesh singh present for other defendants 01 to 02.
    Defendant no. 02 is in person present.
    Matter adjourned for reply/hearing on chs to 27/09/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: None present for plaintiff.
    Adv. Ravindra singh present for applicants in chs.
    Adv. Mangal Kadam present for defendants/MHADA.
    None present for other defendant.
    Heard arguments of ld. Adv. For applicants in chamber summons no. 601/2020 and ld adv. For MHADA.
    As other defendants were absent they could not be heard.
    Following order is passed on chamber summons no. 601/2020.
    ORDER- Applicant has taken out present chamber summons for allowing her to amend the plaint as per schedule for substituting herself in place of original plaintiff.
          Perused the chamber summons, affidavit in support of same and record. Heard ld. Advocate for applicant and ld. Advocate for defendant no. 04/MHADA.
          From the affidavit in support of chamber summons, it appears that, plaintiff expired on 31/05/2020 and applicant is the wife of deceased plaintiff. It appears that, plaintiff has taken out present chamber summons on 21/10/2020. Admittedly as per order in Suo Moto writ petition no. 03/2020 dt. 23/03/2020, period of limitation provided by General and Special Law was extended from 15/03/2020 to 28/02/2022. As such the present chamber summons is within limitation. Right to sue survives in favour of applicants and applicants appears to be the legal representative of deceased plaintiff. Therefore, present chamber summons deserves to be made absolute. Hence the following order.
    ORDER-
    1)Chamber Summons No. 601/2020 is made absolute.
    2)Applicant shall carry out amendment as per schedule within 14 days from the date of this order.
    3)Chamber Summons No. 601/2020 is disposed off accordingly.
    Matter adjourned for compliance to 19/10/22.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv. Karan chaudhari present for plaintiff and submitted that order is complied and he has served the copy of amended plaint to the defendants..
    None present for defendants.
    Matter adjourned for hearing on cs no. 488/2020 to 22/11/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Neha pandey present for plaintiff and sought adjournment.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    None present for other defendants.
    Matter adjourned for cs hearing to 21/12/22.
    l.o. at 03.20 pm.
    Adv. p. s. singh present for defendant no 02 to 03 and submitted that, copy of amended plaint is not served.
    adv. For plaintiff submitted that, she will serve the copy of amended plaint to defendant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Narvekar present for plaintiff.
    Adv. absent for defendant 02A.
    Defendant 02A in person present and sought adjournment.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    None present for other defendants.
    Adv. Thakur  present for defendant no. 01.
    Matter adjourned for hearing on cs to 18/01/23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-01-2023
    
    Date: 18-01-2023
    Business: Adv. Karan Choudhary present for plaintiff submitted that he will tendered copy of death certificate of deft no.1 on next date.
    Adv. Vilas Jadhav present for defendant 2(A to c)
    Adv. Mangal Kadavm present for deft no.4.
    Heard argument of Ld adv of plff and adv for deft no. 2( a to c) and deft no. 4 on CS 488/20.
    plff to serve amended copy of the plaint to the deft.
    Matter adjourned for tendering copy of death certificate to 01/02/2023 .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv Narvekar present for plaintiff and tendered application for taking death certificate of defendant no. 01 on record.TOR. Marked as Exh-06.
    Adv Vilas Jadhav present for defendant nos. 2(a) to 2(c).
    Adv Mangal Kadam present for defendant no. 04.
    None present for other defendants.
    KB
    Arguments of plaintiff and defendant nos. 02a to 02c and ld adv defendant no. 04 are already heard on Chs no. 488/2020.
    Matter adjourned for Order on Chs 488/2020 to 03.02.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Ravindara singh present for plaintiff.
    Adv. Akhilesh singh present for defendant no. 02.
    Adv. Mangal Kadam present for defendant no. 04/MHADA.
    F.R.S.R. following order is passed on Chamber Summons No. 488 of 2020.
                                        ORDER
    1) Chamber Summons No.488 of 2020 is made absolute.
    2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
    3) Chamber Summons No.488 of 2020 is disposed off accordingly.
    Authenticated copy of Roznama be given to both the parties if
    requested.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102395/2020
    Filing Date: 14-03-2020
    First Hearing Date: 19th March 2020
    Decision Date: 03rd February 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Feb 2023

    Order Details: Chamber summons Pdf Text: 1 CS 48820 IN SUIT NO.97914 MHCC010032202020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 488 OF 2020 IN SUIT NO.979 OF 2014 Murari S/o. Krishnaji Chavan ] ...Plaintiff. Versus Damyanti Murari Chavan and Others ]…Defendants. Appearance: Ld. Advocate Karan Choudhary for Plaintiff. Ld. Advocate Vilas Jadhav for Defendant No.2A to 2C. Ld. Advocate Mangal Kadam for Defendant No.4. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 03/02/2023 ORAL ORDER 1)…

    Read Full Order

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