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CHAMBER SUMMONS

Riyad Rashid Oomerbhoy and Ors.VsDureshwar Salim Begmohammed and Ors.

CNR MHCC0100470720199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th June 2019

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100899/2019
Registration Date
25 Apr 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: 30-04-2019
    Business: Matter is adjd. to. 03.05.19 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. for Plff. present.
    Adv. for D/1(a) and 2 present.
    Adv. for D/3 and 4 present.
    Heard the ld. adv of the plff. on his submissions that the N.M No. 1662/18 be decided before the coming vacation. According to him the relief sought for is in respect of repairs i.e. Water proofing  in the suit premises He submits that it is necessary because after vacation the rainy season would start. However I do not find that there is such an urgency to decide the N.M. before vacation when only one day as remained to start the vacation. It may be noted that it N.M is pending last one year and the plffs had been pressing to decide there  N.M 2572/18 for enforcement of the earlier order dtd.13.06.2018 and 14.06.2018, and also for granting temporary injunction restraining the D/2 from preventing the contractor for carrying out the water proofing work as per alleged under taking of the defts.  The said N.M.257/18 has been decided. Now I do not think that the matter can not be adjourned for N.M. 1662/18 after vacation. In view of this the  request to decide N.M. 1662/18 before the vacation. Hence the
    Matter is adjd. to.03.06.2019  for hearing on N.M. 1662/18 in view that the court is busy in other work.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 11-06-2019
    
    Date: 11-06-2019
    Business: Advocate Mr. Joshi for Plaintiffs present.
    Advocate for Defendant no.1(a) and 2 present.
    Advocate Ms. Nidhi for Defendant no.3 and 4 present.
    F.R.S.R. following order has passed-
                                         ORDER
    1. Chamber Summons no.899 of 2019 is partly allowed and Plaintiffs are permitted to amend the plaint by adding para nos.32F and 32G only from schedule A and they are permitted to amend NM No.1622 of 2018 by adding only paragraph nos.22A and 22 B from schedule B annexed to the Chamber Summons.
    2.   As consequential effect, Plaintiffs are permitted to amend the plaint and Notice of Motion no.1662 of 2018 for adding prayers B1 to B8 referred in schedule B annexed to the Chamber Summons.
    3.  Plaintiffs are directed to carry out proposed amendment withing stipulated time provided by law and they are directed to serve copies of proposed amendment upon Defendants of the matter.
    4.  Plaintiffs are further directed to file typed copy of amended plaint before the Court sow that court will not be required to have the hurdles of the riders for understanding the pleadings from plaint.
    It is made clear that, if Plaintiffs will carry out amendment at the earliest, they may take out Notice of Motion, but it is further made clear that after such amendment, if the court will get the time then only NM hearing can be conducted.
    Case is adjourned to 24/06/2019 for compliance and verification of consent terms Exh.7.
    Nature Of Disposal: ALLOWED
    Disposal Date: 11-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 105098/2019
    Filing Date: 25-04-2019
    First Hearing Date: 30th April 2019
    Decision Date: 11th June 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Jun 2019

    Order Details: Chamber summons Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY CHAMBER SUMMONS NO.899 OF 2019 IN S.C.SUIT NO.1609 OF 2013 1. Riyad Rashid Oomerbhoy, 2. Roohi Oomerbhoy Chetan Jaikishan, 3. Ismail Nazir Shakoor, ... Plaintiffs Versus 1a. Mrs.Dureshwar Salim Begmohammed, 2. Abubakar SalimBegmohammed, 3. Mrs.Tanveer Nazir Munshi, 4. Miss.Salma nazir Munshi ... Defendants CORAM: HIS HONOUR JUDGE SHRI K.P.NANDEDKAR (COURT ROOM NO.9) DATE : 11th JUNE, 2019 Advocate Mr. Joshi for Plaintiffs. Advocate…

    Read Full Order

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