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CHAMBER SUMMONS

Smt. Jyoti Vaibhav KesarkarVsThe Municipal Corportaion of Gr Mumbai

CNR MHCC01004820201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th March 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100940/2019
Registration Date
04 May 2019

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: 03-06-2019
    Business: Advocate Jayesh Kalanke for plaintiff present.
    Advocate Ms.Chavan for defendant/MCGM present.
    KB
    LO at 4.00pm
    Advocate Jayesh Kalanke for plaintiff present and original Chamber Summons no. 940/19 along with affidavit in support of Chamber Summons. T.O.R.
    He also submitted application Exh. 6 to serve the respondents in Chamber Summons by publication in news paper.
    Heard adv. Kalanke for Plaintiff on application Exh. 6.The application is supported by an affidavit stating therein that the proposed Defendant 1 (a) has left the premises to avoid the Court summons.  An attempt to serve him by RPAD could not yield positive result. In view of this, application Exh. 6 is allowed. Plaintiff to publish the Notice of Chamber Summons in widely circulated daily news papers one in English and another in vernacular. He shall file affidavit of compliance on next date without fail.
    Advocate Ms.Chavan sought time to file reply to Exh. 3
    The case is adjourned to  08.07.2019 for reply and NM hearing.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Advocate Jayesh Kalanke for plaintiff present and submitted affidavit of compliance. TOR.
    Advocate Mr. Giri for defendant /MCGM present.
    KB
    LO at 4.00pm,
    Same appearance.
    Heard both parties on Notice of Motion.
    The case is adjourned to 15.07.2019   for NM order.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: As Court is on half day leave. The board is discharged.
    The case is adjourned to 22.07.2019   for  NM orders.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: As Court is on leave. Board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Plaintiff present. Her advocate absent. Advocate Ms.Mhatre for defendant/MCGM present. Steno is not available. The case is adjourned to 09.08.2019 for NM order.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate Giri for defendant/MCGM present.
    The case is adjourned to 13.08.2019  for NM order
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Advocate Kalanke for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present.
    F.R.S.R. following order is passed in  Notice of Motion No. 1020/17 -
                                   ORDER
    Notice of Motion is dismissed with costs.
    Adv. Kalanke for plaintiff submitted an application to direct the parties to maintain status quo during appeal period. TOR and marked as Exh. 6.
    Adv. Mhatre for defendant opposed the prayer on the ground that the Notice of Motion is decided on merits and therefore application can not be considered.
    Perused. Heard.
    The proceedings indicate that the ad-interim relief was not granted by this Court. The plaintiff had preferred appeal from order in which the Hon\''ble  High Court  has granted interim order and further directed, while disposing of appeal from order, that the interim order in AO shall continue till disposal of the Notice of Motion. Today the Notice of Motion is dismissed on merits. In such circumstances, the request by the plaintiff for a direction to maintain status quo during appeal period can not be entertained. Hence the application at Exh. 6 is rejected.
    Advocate for defendant MCGM filed pursis to treat reply to NM as Written Statement. TOR and marked as Exh. 7
    Exh. 7- Pursis.
    Exh. 8- Written statement.
    The case is adjourned to 05.10.2019  for Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: None for plaintiff.
    Advocate Ms. Mhatre for defendant/MCGM present.
    The case is adjourned to 16.11.2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: None for plaintiff.
    Adv. Ms. Mhatre for deft/MCGM present.
    Matter is adjd. for issues on 15.02.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Due to Ganpati Holiday matter adjd.to
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Court is Vacant. Matter adj.to next date
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is Vacant. Matter is Adj.to next date.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None present for Plaintiff.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file C/S reply.
    Adjourned for C/S reply to 21/01/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and endorsed say on Ch/s. No. 940/2019.
    Adjourned for C/S hearing to 21.02.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Ch/s hearing to 14.03.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for plaintiff.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Heard advocate for defendant on Ch/s No. 940/19.
    Adjourned for Ch/s Order to 30.03.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    F.R.S.R. following order is passed on Ch/s No. 940/2019:
                                       ORDER
    (i).	Chamber Summons No. 940/2019 is made absolute 		in terms of prayer Clause (a).
    (ii). 	The plaintiff is directed to carry out the necessary
              amendment/addition in the body of the plaint, positively
              within two weeks from the passing of this Order.
    
    (iii). 	The plaintiff  is further called upon to take suitable steps and
              to ensure due service of suit summons on the newly added
              defendant No. 2 – landlord, within two weeks therefrom and
              also to file amended copy of the plaint on the record.
    (iv).	Costs to follow the event.
    (v).	Chamber Summons No. 940/2019, accordingly, stands
              disposed off.
    Adjourned for compliance to 22.04.2022.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105119/2019
    Filing Date: 04-05-2019
    First Hearing Date: 03rd June 2019
    Decision Date: 30th March 2022
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Mar 2022

    Order Details: Chamber summons Pdf Text: .1. CH/S No. 940/2019 in L.C. Suit No. 163/2015. MHCC010048202019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 940 OF 2019. IN L.C. SUIT NO. 163 OF 2015. Jyoti Vaibhav Kesarkar……………........................ …... Plaintiff. V/s. M.C.G.M……………………………………….…..... …... Defendant. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 30th March, 2022. APPEARANCES : Mr. Jayesh S. Kalanke, Ld. Advocate for the Plaintiff. Adv. Sunil C. Khandagale, Ld. Advocate for the Defendant. *****…

    Read Full Order

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