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CHAMBER SUMMONS

Fatimabi Abdul Rashid ShaikhVsRuksana Window of Mohamed Umar @Mohammad Tejuddin and Ors.Applicant-Abdul Rashid Moha. Hasan Shaikh

CNR MHCC01005034202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th October 2021

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100578/2020
Registration Date
16 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Fatimabi Abdul Rashid Shaikh

    Respondent

    1. 1Ruksana Window of Mohamed Umar @Mohammad Tejuddin and Ors.Applicant-Abdul Rashid Moha. Hasan Shaikh

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Despite getting the Ch/s registered as per the leave granted on 16.10.2019, registered Ch/s is not tendered in the Court till date by its applicant.
As nobody present for both the parties, considering present
pandemic condition matter is adjd. for tendering registered  CS in
the Court and for reply to said CS so also for reply to the NM of
plff to 29.04.2021.
Judge
L.O.
Adv Mr. Hansale for applicant present and filed regigtered Ch/s No.578/2020 along with affidavit in support. He also filed affidavit of service of said ch/s on defts by RPAD.
Already adjd. to 29.04.2021 for reply to Ch/s and NM hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv Mr. Hasnale for plff present.
None present for defts.
Affidavit of service filed on previous date shows that the deft Nos.1 to 14 are served with Ch/s No.578/2020 through RPAD.
Statement made in the affidavit filed in support of Ch/s about causing of death of the plff is supported by copy of death certificate produced with the Ch/s. Since there is no resistance to the Ch/s, being satisfied that cause of action is surviving after death of the sole plff and applicants are the only heirs and legal representative of deceased plff,  Ch/s No. 578/2020 is allowed in terms of its prayer  claused “a” and “b”. Amendment as per the schedule be carried out within two weeks from today. After the amendment is carried out, defts shall be served with copies of amended plaint.
Matter is adjd. for compliance to 06.12.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 07-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105045/2020
Filing Date: 16-10-2020
First Hearing Date: 18th January 2021
Decision Date: 07th October 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Oct 2021
    Order Details: Other
Pdf Text: 07/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
42 UA.
SU 44/18
Adv Mr. Hasnale for plff present.
None present for defts.
Affidavit of service filed on previous date shows that the deft
Nos.1 to 14 are served with Ch/s No.578/2020 through RPAD.
Statement made in the affidavit filed in support of Ch/s about
causing of death of the plff is supported by copy of death
certificate produced with the Ch/s. Since there is no resistance
to the Ch/s, being satisfied that cause of action is surviving
after death of the sole plff and applicants are the only heirs
and legal representative of deceased plff, Ch/s No. 578/2020
is allowed in terms of its prayer claused “a” and “b”.
Amendment as per the schedule be carried out within two
weeks from today. After the amendment is carried out, defts
shall be served with copies of amended plaint.
Matter is adjd. for compliance to 06.12.2021.
Judge
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