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CHAMBER SUMMONS

Ms. Sai Saburi EnterprisesVsSmt. Kalpana Dilip Sawant

CNR MHCC0100440920181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd February 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100644/2018
Registration Date
04 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-04-2018
    Business: Adv. Paranjpe for plaintiff present.
    None present for defendant.
    Plaintiff tenders original CS No.644/18.
    By way of last opportunity, adjd. to 24/04/2018 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: CORAM HIS HONOUR THE 1st ADDITIONAL PRINCIPAL JUDGE SHRI G. A. SANAP
    Adv. Shreerang Paranjpe for plaintiff present.
    He files affidavit of service in CS.
    None present for the defendant.
    Adjd. to 12/06/2018 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2018
    
    Date: 12-06-2018
    Business: Adv. Paranjpe for plaintiff present.
    Adv. Bhagyashree Keni for defendant present.
    At the request of Ld. Counsel for defendant further time is granted to file CS reply subject to payment of cost of Rs.2000/- to be paid to DLSA.
    Adjd. to 02/07/2018 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Adv. C.K. Mhatre for plaintiff present.
    Adv. Bhagyashree Keni for defendant present.
    Ld. Counsel for defendant submits that defendant is bed ridden and hospitalized and hence she could not able to take instructions. She prays for time to file reply to CS.
    Adjd. to 07/08/2018 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-08-2018
    
    Date: 07-08-2018
    Business: Adv. C.K. Mhatre for plaintiff present.
    Adv. Bhagyashree Keni for defendant present.
    Defendant expired on 13/07/2018.
    Plaintiff to take necessary steps.
    Ld. Counsel for defendant undertakes to file name of L.R.s of defendant.
    Adjd. to 03/09/2018 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Business: Adv. C.K. Mhatre for plaintiff present.
    Adv. Vivek Phadke for defendant present.
    Ld. Counsel for defendant supplied names of the LRs of defendant and the copy of death certificate of defendant.
    By way of last opportunity, adjd. to 19/09/2018 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. C.K. Mhatre for plaintiff present.
    None present for defendant.
    As the Hon\''ble Principal Judge is on leave today,
    Adjd. to 24/09/2018 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Adv. C.K. Mhatre for plaintiff present.
    None present for defendant.
    Ld. Counsel for Plaintiff files draft CS for taking LRs of defendant on record.
    CS is allowed. The L.Rs of defendant be taken on record.
    Amendment be carried out within a week.
    Draft CS stands disposed off accordingly.
    Issue notice to the newly added defendants.
    CS be registered for statistical purpose.
    Adjd. to 08/10/2018 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-10-2018
    
    Date: 08-10-2018
    Business: Adv. Paranjpe for plaintiff present.
    Ld. Counsel for plaintiff seeks time to carryout the
    amendment.
    Plaintiff tenders registered CS 1736/18(already disposed off)
    Ten days time is granted for amendment.
    Adjd. to 17/10/2018 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-10-2018
    
    Date: 17-10-2018
    Business: Adv. Dhiraj Kamble for plaintiff present.
    Adv. Bhagyashree Kini for defendant No.1 present.
    Plaintiff to serve notice to L.R.s of defendant No.1.
    Adjd. to 03/12/2018 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Adv. Paranjpe for plaintiff present.
    Adv. Vivek Phadke for defendant No.1a to 1c
    present.
    Copy of amended plaint and NM,CS served on the defendant.
    Defendant to provide copy of reply to CS to plaintiff.
    Adjd. to 08/01/2019 for CS reply/hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: Adv. C.K. Mhatre for plaintiff present.
    None present for defendant.
    Ld. Counsel for plaintiff submits that the copy of the CS is served to the Advocate for defendant.
    Adjd. to 21/01/2019 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: Adv. C. K. Mhatre i/b Adv. Paranjape for plaintiff present. Adv. Pallavi Kulkarni for defendant present. As Court is on leave, adjd to 05.03.2019 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: Adv. Paranjpe for plaintiff present.
    None present for defendant.
    Adjd. to 25/03/2019 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Adv. Paranjpe For plaintiff present.
    None for Defendant.
    Reply to CS 664/18 is not filed. CS to proceed without reply.
    Adj. to CS hearing 01/04/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Adjd. to 03/04/2019 for Filing Say on Exh. 19 at 2.45 pm.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv. C. K. Mahatre h/f Adv. Paranjpe for plaintiff present.
    None For defendant.
    Adj. To 08/04/2019 for hearing on CS.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Pranjape for Plaintiff present.
    None present for Defendant.
    Case is adjourned for Ch/s hearing without reply to 18.06.2019
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Adv. Paranjape for plaintiff present.
    None present for defendant.
    The Ld. Counsel for the plaintiff submitted that there are certain other developments and therefore he wish to bring those facts on record.  Hence, seeks time.
    Adjourned for chamber summons hearing to 6.8.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv. Paranjapae for plaintiff present.
    Adv. Vivek Phadke  for defendant present.
    The talks of settlements are going on.
    Hence the matter is adjourned for hearing on chamber summons to 3.10.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. C. K. Mhatre for plaintiff present.
    None present for defendants.
    The Ld. counsel for the plaintiff seeks time.
    Adjourned for hearing on chamber summons to 25.11.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv. Paranjape for plaintiff present.
    Adv. Bhagyashree Keni for defendant present.
    Pursis filed by the plaintiff and defendant for refering the matter to Lok Adalat.
    O- seen and filed.
    Hence Matter be referred to Lok Adalat.
    Adjd to 13/01/2020 for report.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 06.01.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Adv. Paranjape for plaintiff present.
    None for deft.
    Mediation report not received sheristedar to inquire about the status.
    The matter is adjd for Mediation report to .08.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Mhatre h/f. Adv. Paranjape for plaintiff present.
    None for deft.
    Mediation report received.
    O. - Seen and filed.
    Mediation failed hence, the matter is adjd for hearing on Ch/sum to 15.03.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Paranjape for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff submitted that mediation was not completed due to lock-down, but it appears from the report that the mediation failed.  On the request of Ld. Counsel for plaintiff, the matter is adjourned for hearing on Ch/sum.
    The matter is adjd for Ch/sum hearing to 20.04.2021.
    L.O.
    Adv. Prafulla Chipte for deft. present.
    The matter is already adjd for Ch/sum hearing to 20.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 24.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Mhatre for plaintiff is present.
    Adv. Jagruti Bhise for defendant is present.
    It is submitted by Ld. Adv.of both the parties that the settlement talks are in progress. It is also submitted that the previous mediation sessions could not be attended by the parties as there was restrictions regarding Covid pandemic. Now both the advocates have submitted that the parties will attend the mediation sessions. There are elements of settlement between the parties. All of them have consented for referring the matter to mediation. Hence, as per Section 89 of the CPC, the matter is referred to mediation. Parties are directed to attend District Mediation Centre on 18.10.2021 at 2.00 p.m.
    Matter adjd for mediation report on 21.12.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 22/03/2022 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Paranjpe for pltff present.
    None for deft.
    Matter is adjd to 18/07/2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Paranjape for plaintiff is present.
    Adv. Dedhiya for defendant is present. He has filed V/P for defendant t.o.r marked as Exh.9.
    On oral request time is granted to file reply on CH/S.
    Matter adjd to 26.09.2022 for NM reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: None present for  plaintiff.
    Adv. Rohit Mahadik for defendants is present and filed reply to CH/S No. 644/18. T.O.R.
    Matter adjd to 02.12.2022 for CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Adv. C.K. Mhatre h/f Adv. Paranjape for plaintiff is present.
    Adv.  Nihia Dedhiya for defendant nos. 1(a) to 1(c) is present.
    The Ld.Adv.for defendant has supplied the copy of reply to CH/S to the plaintiff.
    Matter adjd to 17.01.2023 for NM and CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv.S.K.Parajape for plaintiff is present.
    Adv.Prerak Sharma for defendant No.1A to 1C present.
    Heard arguments of both sides on Ch/s No. 644 of 2018
    Matter adjd to 03.02.2023 for order on Ch/s.
    Next Purpose: ORDER
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: None present for plaintiff.
    Adv. Mihir Dedhia for defendants no. 1(a) to 1(c) is present.
    F.R.S.R following order is passed in CH/S No. 644/18.
                                     ORDER
    1.  Chamber Summons No. 644/2018 stands allowed and made absolute in terms of prayer clause (a) subject to payment of cost of Rs.3000/- paid by the plaintiff to defendant.
    2. Needless to say payment of cost is condition precedent failing which order stands automatically vacated.
    3. The plaintiff to carry out amendment within 14 days from the date of order.
    4. Chamber summons stands disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104844/2018
    Filing Date: 04-04-2018
    First Hearing Date: 10th April 2018
    Decision Date: 03rd February 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    03 Feb 2023

    Order Details: Chamber summons Pdf Text: 1 Ch/sum. no.644-18 in Suit no.1405-15 MHCC010044092018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY CHAMBER SUMMONS NO.644 OF 2018 IN SHORT CAUSE SUIT NO.1405 of 2015 Ms. Sai Saburi Enterprises ...Plaintiff Vs. Smt. Kalpana Dilip Sawant ...Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 3nd DAY OF FEBRUARY 2023 :Appearances: Adv. S.K. Parajape for the plaintiff. Adv. Prerak Sharma a/w Adv. Mihir Dedhia for defendant No.1A…

    Read Full Order
    Order 1Full order available
    03 Feb 2023

    Order Details: Chamber summons Pdf Text: 1 Ch/sum. no.644-18 in Suit no.1405-15 MHCC010044092018 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY CHAMBER SUMMONS NO.644 OF 2018 IN SHORT CAUSE SUIT NO.1405 of 2015 Ms. Sai Saburi Enterprises ...Plaintiff Vs. Smt. Kalpana Dilip Sawant ...Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 3nd DAY OF FEBRUARY 2023 :Appearances: Adv. S.K. Parajape for the plaintiff. Adv. Prerak Sharma a/w Adv. Mihir Dedhia for defendant No.1A…

    Read Full Order

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