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CHAMBER SUMMONS

SHAKILA HAMID KAZIVsB. Duja Thoras and anr.

CNR MHCC01004965202011-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th October 2025

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100625/2020
Registration Date
09 Nov 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 16-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Court is vacant
Next Purpose: C/S REPLY
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: C/S REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: The Plaintiff- Smt. Shakila Hamid Kazi is present.
None present for defendant no. 1.
Adv. Mr. Khandagale for Defendant No. 2/MCGM is present.
Adv. for the defendant No.2 orally requested for time to file C/S reply.
Adjourned for C/S reply/NM hearing to18/02/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None for the plaintiff is present.
Adv. Nikita Bhavsar for defendant No. 1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present and submitted that defendant No. 2 may be taken as heard on the
Ch/s No.625/2020.
Adjourned for Ch/s hearing/NM hearing to 06.04.2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv. Mr. Prasad Deshpande for plaintiff is present and submitted that he is still not served with the copy of Ch/s.
None present for defendant No. 1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Defendant No. 1 is called upon to ensure service of Ch/s on the plaintiff.
Adjourned for compliance/Ch/s reply/NM hearing to 29.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Plaintiff in person is present.
None present for defendant No.1 to supply of the copy of Ch/s on plaintiff. He is called upon to make this compliance till next date. In default, the Ch/s would stand dismissed.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
Adjourned for compliance/Ch/s dismissal to 06.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Mr. Prasad Dheshpande for the plaintiff is present.
Adv. Mr. Nikita Bhavsar for defendant No. 1 is present and supplied copy of Ch/s. to the plaintiff.
Adv. Mr. Khandagale for defendant No. 2/MCGM is present.
Adjourned for Ch/s reply to 28.09.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Plaintiff is present in person. She informed that her advocate is not available today.
Adv. Nikita Bhavsar for defendant No. 1 is present.
Adv. Khandagale for defendant No. 2/MCGM is present.
Adjourned for Ch/s reply to 18.11.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Plaintiff is present in person.
None present for defendant No. 1
Adv. Mr. Khandagale for defendant No. 2/MCGM is present and orally requested for time to file Chs/ reply. Granted lastly.
Adjourned for Ch/s reply to 20.01.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Adv. Mr. Deshpande for the plaintiff present and requested time to file reply to Ch/S. Time is granted.
None for defendant No.1.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
Adjourned for Ch/S reply to 10/03/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: The plaintiff is present in person.
None present for defendant No. 1.
Adv. Mr. S.C. Khandagale for defendant No. 2/MCGM is present endorsed say on Ch/s No. 625/2020.
Adjourned for Ch/s hearing to 26.04.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: The plaintiff is present in person. Her advocate is absent.
Adv. Ms. Nikita Bhavsar for defendant No. 1 is present.
Adv. Mr. G.O. Giri for defendant No. 2/MCGM is present.
Adjourned for Ch/s. hearing to 28.06.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2023

Date: 26-04-2023
Business: The plaintiff is present in person. Her advocate is absent.
Adv. Ms. Nikita Bhavsar for defendant No. 1 is present.
Adv. Mr. G.O. Giri for defendant No. 2/MCGM is present.
Adjourned for Ch/s. hearing to 28.06.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: None present for the plaintiff.
Adv. Ms. Nikita Bavsar for defendant No.1 is present.
Adv. Mr. G.O.Giri for defendant No.2/MCGM is present.
Heard both the sides in Ch/s. No. 625/2020.
Adjourned for Ch/s. Order to 13.07.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Mr. Deshpande for the plaintiff is present and filed application for setting aside the Order of no reply in Ch/s. No. 625/2020. TOR. It is marked as Exhibit 4. O- Other side to say. Copy is supplied to the other side.
Adv. Ms. Bhausar for defendant No.1 is present. Adv. Mr.G.O. Giri h/f Adv. Ms.S.S. Chavan for defendant No.2/ MCGM is present.
Adjourned for say on Exh.4 to 10.08.2023.
Next Purpose: FILING SAY
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: The plaintiff is present in person.
Adv. Ms. Nikita Bhausar for defendant No.1 is present and filed reply rejoinder in Ch/s.. TOR. She submitted that this reply rejoinder may be considered as her reply for application Exh.4 as well. Defendant No.1 is present in person.
Adv. Khandagale h/f Adv. Giri for defendant No.2/MCGM is present.
Adjourned for hearing on Exh.4/Ch/s. hearing to 21.09.2023.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: None present for the plaintiff.
Adv Ms. Nikita Bhavsar for defendant No. 1 present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.2/MCGM is present.
Adjourned for hearing on Exh.4/  Ch/s hearing to 5.10.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: The plaintiff is present in person. Her advocate is absent.
Adv. Ms. Nikita Bhavsar for defendant No. 1 is present.
Defendant No.1 is present in person.
Adv. Mr. Khandagale h/f Adv. Mr. Giri for defendant/MCGM is present.
Adjourned for Ch/s. hearing/hearing on Exh. 4 to 30.10.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: None present for the plaintiff.
None present for defendant No.1.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Adjourned for Ch/s. hearing/Exh.4 to 15.12.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: HHJ gone for training at Uttan in 2nd session.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for NM hearing to 22.01.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. Mr. P.S. Deshpande for the plaintiff is present.
Adv. Ms. Nikita Bausar for defendant No. 1 is present.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Heard both the sides on the application Exhibit 4.
Adjourned for Order on Exhibit 4/Ch/s. hearing to 12.02.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: The plaintiff is present in person. Her advocate is absent.
Defendant No.1 is present in person. His advocate is absent.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Order below Exhibit 4 :
01.	Perused the application, reply rejoinder of defendant No.1 to Ch/s., which is treated as his reply to this application, and the say of defendant No.2. Heard both the sides. At the outset, the record shows that on 06.08.2022, the plaintiff was supplied with the copy of Ch/s. and later, the matter was posted for her reply. However, as she failed, the matter was posted for Ch/s. hearing on 26.04.2023. As such, there are laches on her part to timely place the Ch/s. reply. However, perusal of the Ch/s. goes to show that thereby, defendant No. 1 prayed for incorporation of his counter-claim in the present matter. Accordingly, as per the Schedule, she asked for a mandatory direction against the plaintiff to reconstruct the upper floor of shop No. 5. In default of the plaintiff and defendant No.2, he prayed for permission to carry this construction. Further, he sought declaration that the transaction between the plaintiff and Mr. Amanhulla Khan, entered during pendency in suit, is null and avoid, along-with other ancillary reliefs. On this background, it is crystal clear that contest from the plaintiff is absolutely needed to decide this Ch/s. in proper prospect. Certainly, her rights are involved in the proposed counter-claim. Being so, I do feel that she should be given one more chance to show her bonafide by promptly filing the Ch/s. reply. Still, while doing so, it would be just to impose some costs upon the plaintiff to have further delayed this trial. Hence, the Order :
01.	The application Exhibit 4 is allowed, subject to payment of 	costs of Rs. 2,000/- (Rs. Two Thousand) in favour of the 	DLSA, Mumbai, till the next date. On payment of the costs, 	the plaintiff is permitted to file reply to Ch/s. No. 625/2020, 	without further delay.
02.	The parties to expedite the trial.
03. 	The application (Exhibit 4) is, accordingly, disposed of.
Adjourned for costs/compliance/Ch/s. reply to 18.03.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: The plaintiff is present in person.
Adv. Mr. P.S. Deshpande for the plaintiff is present and filed reply in Ch/s. Taken on record. O- Filed. Copy is supplied to the other side.
Adv. Ms. Bhausar for defendant No. 1 is present and sought time to file reply rejoinder in reply filed by plaintiff on Ch/s.. Time is granted. Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Adjourned for reply rejoinder in Ch/s. to 24.04.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv. Mr. Deshpande for the plaintiff is present.
Adv. Ms. Nikita Bhavsar for defendant No. 1 is present and sought time to file reply rejoinder in Ch/s.. Time is granted.
Adv. Mr. G.O. Giri for defendant No.2/MCGM is present.
Adjourned for reply rejoinder in Ch/s. to 08.07.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant No. 2/MCGM is present.
Rest of the defendants are absent.
Adjourned for reply-rejoinder in Ch/s. to 09.08.2024.
Next Purpose: REJOINDER
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: None present for the plaintiff.
Adv. Ms. Nikita Bhausar for defendant No. 1 is present and filed reply rejoinder in Ch/s.. Taken on record. O- Filed. Copy is supplied to the other side. She undertook to supply its copy to the plaintiff on the next date. Adv. Mr. Arvind Rathod for defendant No.2/ MCGM is present. He submitted that he may be taken as heard on Ch/s..
Adjourned for Ch/s. hearing to 08.10.2024.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: None present for the plaintiff. Adv. Ms. Nikita Bhavsar for defendant No.1 is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant No. 2/MCGM is present. Heard both the sides on Ch/s..
Adjourned for Ch/s. Order to 06.11.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: Adv. Mr. Deshpande for the plaintiff is present. He submitted that the plaintiff did not receive copy of reply rejoinder from defendant No.1. More so, the plaintiff wants to argue the Ch/s.. He is called upon to take steps for change of caption, as the matter is posted for Ch/s. Order. On his say, the matter is kept back. Adv. Mr. Nikita Bhavsar for defendant No. 1 is present. None present for defendants.
Later on 5.30 p.m.
None of the parties are present.
Adjourned for steps to 07.12.2024.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: The plaintiff is present in person. Adv. Mr. Despande for the plaintiff is present and tendered draft Ch/s., for setting aside Order dtd. 08.10.2024, along-with affidavit. O- Leave is granted to register within 7 working days from today. In default, the draft Ch/s. would stand dismissed. Copy is supplied to the other side.  He is supplied with the copy of reply rejoinder of Ch/s. by defendant No.1. Adv. Mr. Gaurav Bhausar for defendant No. 1 is present. Adv. Mr. Botlawar for defendant No.2/MCGM is present.
Adjourned for tendering registered Ch/s. to 17.01.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. Mr. Despande for the plaintiff is present and
Adv. Mr. Gaurav Bhausar for defendant No. 1 is present and filed reply to application below Exhibit 5. O- Filed. It is marked Exhibit 6. Copy is supplied to the other side.
Adv. Mr. Botlawar for defendant No.2/BMC is present.
Advocate for plaintiff sought time to argue Exhibit 5.
Adjourned for hearing on Exhibit 5 to 17.02.2025.
Next Purpose: HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: Adv. Mr. Prasad Deshpande for the plaintiff is present.
Adv. Mr. Gaurav Bhausar for defendant No. 1 is present.
Adv. Mr. V.G. Shinde for defendant No.2/BMC is present.
Heard both the sides on Exhibit 5.
Order below Exhibit 5 This is an application by plaintiff for permission to argue the Ch/s.. Ld. Advocate for plaintiff submitted that at the relevant time plaintiff was advice bed rest and he was not having instructions to argue the Ch/s.. Hence, on 08.10.2024 none was present for the plaintiff. Advocate of defendant submitted that though he has oppose the application but Court may pass necessary Order. Therefore, in Order to decide Ch/s. on merits it will just and proper to afford an opportunity to plaintiff to argue the Ch/s.. Moreover, the Ch/s. has been heard before earlier PO hence, it is to be reheard again. Hence, application Exhibit 5 is allowed.
Adjourned for re-hearing Ch/s. hearing to 24.03.2025.
Next Purpose: HEARING
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Adv. Mr. Deshpande for the plaintiff is present. Adv. Mr. Bhausar for defendant No. 1 is present. Adv. Mr. Botlawar for defendant/BMC is present. The Court is busy in dictating Judgment in targeted SU No. 893/2008.
Adjourned for Ch/s. hearing to 09.06.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Adv. Mr. Deshpandey for the plaintiff is present. Adv. Mr. Gaurav Bhausar for defendant No. 1 is present and requested time to argue the Ch/s.. Time is granted. Adv. Mr. Boltawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present.
Adjourned for re-hearing on Ch/s. to 30.06.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: Adv. Mr. Deshpande for the plaintiff is present. None present for defendant No.1 to proceed with Ch/s.. Adv. Mr. Botlawar for defendant No.2/BMC is present.
Adjourned for Ch/s. hearing/ Ch/s. dismissal to 14.08.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-08-2025

Date: 14-08-2025
Business: PO is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: The plaintiff is present in person. Adv. Mr. Bhavsar for defendant No. 1 is present and he is heard on Ch/s. Adv. Mr. Botlawar for defendant/BMC is present. Kept back.
Later on 3.48 p.m.
The appearance is as above. Adv. Mr. Deshpande for the plaintiff is present and he is heard on Ch/s..
Adjourned for Ch/s. Order to 10.10.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: court is on leave, hence adjd. to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
F.R.S.R. Following Order is passed in Ch/s. No.625/2020.
-: O R D E R :-
(i).	Chamber Summons no.625 of 2020 is made absolute in 	terms of prayer clause  (b) of  a and (b).
(ii).	The defendant no.1 to carry out amendment as per the 	schedule within stipulated time.
(iii).	Chamber Summons is, accordingly,  disposed of.
Adjourned for compliance to 13.01.2026.
Nature Of Disposal: ALLOWED
Disposal Date: 30-10-2025

Additional Case Details

Additional Case Details
Filing Number: 105551/2020
Filing Date: 09-11-2020
First Hearing Date: 16th December 2020
Decision Date: 30th October 2025
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Oct 2025

Order Details: Chamber summons Pdf Text: .1. Chamber Summons in L.C. Suit No. 1574 of 2015 MHCC010049652020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO.625 OF 2020 IN L.C. SUIT NO.1574 OF 2015. Smt. Shakila Hamid Kazi. …. PLAINTIFF. V/s. 1)Mr. B. Duja Thoras, 2)MCGM. …. DEFENDANTS. CORAM : SHRI. V. R. JAGDALE (Court Room No.11). DATED : 30th October, 2025 APPEARANCE : Mr. Deshpande, Ld. Advocate for the Plaintiff. Mr. N.P. Bhavsar, Ld. Advocate for the…

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