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CHAMBER SUMMONS

Daksha Raju Suvarna And Ors - Anthony Eugene PaisVsSunita Jayesh Bhagalia And Ors

CNR MHCC0100473920193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th November 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100922/2019
Registration Date
02 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Daksha Raju Suvarna And Ors - Anthony Eugene Pais

    Respondent

    1. 1Sunita Jayesh Bhagalia And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-06-2019
Business: Matter stands Adj for file reply to CS on 26.08.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: As court is busy in dictating judgement in NDPS SPL 181/14 and order in suit no. 3833/10 and 2774/14. Hence, board is discharged.
Matter stands Adj 01/10/2019 for ch/s  reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Patankar for plaintiff present.
Adv. Gada for defendant present.
By consent, Matter stands Adj for CS reply to 16.01.20
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Patankar for plaintiff present.
Adv. Vaishali Sharma for defendant present and seeks time to file reply to NM. Time granted.
Matter stands Adj for filing reply to NM on 15.02.2020.
Next Purpose: REPLY
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Court is busy in dictating Judgment in suit no. 7353/06. Hence, board is discharged.
Matter stands Adj for hearing on NM to 16.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for hearing on NM to 28.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present.
The case is adjourned to 22.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: None for Plaintiff.
Advocate Ms.Najafiya for defendant present.
The case is adjourned to 26.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present.
The case is adjourned to 12.04.2021 for NM hearing.
LO at 3.45pm
Advocate Anand Nikhal for plaintiff present.
The case is adjourned to 08.04.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Matter called out at 4.35 p.m.
Adv. Sanjay P. Patankar for plaintiff present.
Adv. for defendant absent.
Matter stands adjourned to 27.09.2021 for C/s. Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv. Sanjay Patakar for plaintiff present.
Adv. Vaishali Sharma for defendant present.
By consent, matter stands adjourned to 10.11.2021 for CS hearing.
                                                                                                      Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Matter called out at 5.19 p.m.
Adv. Sanjay Patankar for plaintiff present.
Adv. Mrs. Kharwa for defendant present. She informed that advocate on record is not available. Hence, she is seeking time. Granted by way of last chance.
Matter stands adjourned to 25.11.2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Matter called out at 3.38 p.m.
Adv. Sanjay Patankar for plaintiff present.
Adv. Vaishali Sharma for defendant present.
Plaintiff filed instant CS No.922/19 for allowing him to proceed with the present suit being successor to the plaintiff as he is the beneficiary under the registered Will dated 23.02.2005.
Heard both the sides.
Admittedly, it is not in dispute that the plaintiff executed Will which is probated and the applicant is the beneficiary under the Will. Hence, the applicant can be allowed to proceed with the suit as a successor of the deceased.
1.  Therefore, CS No.922/19 is allowed in terms of prayer clause (a) and (b).
2.  The applicant is allowed to proceed with the suit as a plaintiff.
3.  Applicant to carry out necessary amendments within a period of
     14 days from the date of order.
4.  Applicant to bear the costs of CS.
5.  CS is disposed of accordingly.
Matter stands adjourned to 14.12.2021 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 25-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105203/2019
Filing Date: 02-05-2019
First Hearing Date: 15th June 2019
Decision Date: 25th November 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Nov 2021
    Order Details: Other
Pdf Text: 25.11.2021
Sr. No. 82
SU 3006/09
@CS 922/19
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.38 p.m.
Adv. Sanjay Patankar for plaintiff present.
Adv. Vaishali Sharma for defendant present.
Plaintiff filed instant CS No.922/19 for allowing him to proceed with the
present suit being successor to the plaintiff as he is the beneficiary under the
registered Will dated 23.02.2005.
Heard both the sides.
Admittedly, it is not in dispute that the plaintiff executed Will which is
probated and the applicant is the beneficiary under the Will. Hence, the
applicant can be allowed to proceed with the suit as a successor of the
deceased.
1. Therefore, CS No.922/19 is allowed in terms of prayer clause (a) and
(b).
2. The applicant is allowed to proceed with the suit as a plaintiff.
3. Applicant to carry out necessary amendments within a period of
14 days from the date of order.
4. Applicant to bear the costs of CS.
5. CS is disposed of accordingly.
Matter stands adjourned to 14.12.2021 for compliance.
Judge
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