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CHAMBER SUMMONS

Bansraji Baburam Rajbhar +1 moreVsHarku Sheru Rajbhar And Ors

CNR MHCC01005095201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 19th October 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100962/2019
Registration Date
20 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Bansraji Baburam Rajbhar
    2. 2Chandravati Lalji Rajbhar

    Respondent

    1. 1Harku Sheru Rajbhar And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-06-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Advocate Mr. Rajan for Plaintiff present
Advocate Mr. Pandey for Defendants present and submitted that on next date he will file reply to Notice of Motion no.1665/19.
Plaintiff\''s advocate gave no objection, hence case is adjourned to 17/09/2019 for Chamber Summons hearing and NM reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: None present for Plaintiff.
Advocate Pandey for Defendant present and submitted that affidavit of reply of Defendant in respect of NM no.1665/19 is ready but it could not be affirmed as Defendant is not having his ID proof today with him.  Considering submissions adjourned.
Case is adjourned to 15/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None present for Plaintiff.
Advocate P. S. Pandey for Defendants present
Court was busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as passing order on Notice of Motion no.295/2020 in suit no.201/2020 and court has to hear argument in suit no.8472/86 after completion of the order of Notice of Motion no.295/2020, hence case is adjourned to 15/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present for Plaintiff/s.
None present for Defendant/s.
As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing to 16.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for the plff.
Adv Mr. P.S. Pandey for the deft present and filed reply to N.M. No. 1665/2019
As nobody is present for the plff, Ch/s No.962/2019 be kept for dismissal order and NM No. 1665/2019 be kept for hearing to 04.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv Mr. Rahul Rajbhar for plff present and mentioned the matter in the morning session.
He filed application for adjournment. O-Call say of deft.
Matter is on the board of afternoon session hence kept back.
L.O. at 3.40 p.m.
None present for the deft. hence, application for adjourned filed by the adv. for the plff in the morning session is allowed but with direction that matter be kept in same caption on the next date.
Matter is adjd. for dismissal order in Ch/s No.962/209 and hearing in NM No. 1665/2019 to 20.10.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv Ms. Rajashree Pawar present for plff. and filed adjournment application.
Adv Mr. Pandey None present for deft.
Adjournment is granted as a last chance.
Matter be kept on next date in same caption.
Matter is adjd. for CS dismissal to 16.11.2021.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv Ms.Rajashree Pawar present for plff. and filed application for adjournment with request to remove the matter from Ch/s dismissal caption.
Adv Mr. Pandey present for deft. and objected the application by submitting that presence of the plff is not required to argue the Ch/s. Though there is substance in the objection of ld. Adv.for deft, this application is filed by the junior advocate holding for the adv. for the plff hence, to protect the interest of justice, application is allowed.
Matter is adjd. for Ch/s dismissal order to 07.01.2022.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv Mr.Rahul Rajbhar present and mentioned the matter in the morning session.
He filed vakalatnama on behalf of plff No.2 at Exh.4.
Matter is on the board of afternoon session hence, kept back.
L.O.at 3.40 p.m.
Adv Mr.Rahul Rajbhar present for plff. and filed adjournment application.
Adv Mr. Pandey for deft present and endorsed reply on the application itself. Heard. There is substance in the objection of ld. Advocate for the deft, however, considering the present pandemic condition and reason stated in the application, adjournment as last chance is granted till next date.
Matter is adjd. for Ch/s hearing to 08.02.2022.
Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
Adv. Pandey for defendant present.
On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-06-2022

Date: 25-03-2022
Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
Adv. Pandey for defendant present.
On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-06-2022

Date: 25-03-2022
Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
Adv. Pandey for defendant present.
On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Rashmi Parab h/f Adv. P. S. Tiwari  for plaintiff present.
Adv. P. S. Pandey for deft present.
Matter adjd to  19/08/2022 for Chamber summons hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None present for plaintiff.
Adv.P.S. Pandey for defendant present.
No argument of the plaintiff in ch/s. No.962/19. Heard the Adv. for all defendant in ch/s.962/2019.
Matter adjd to 30.09.2022 for ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None present for plaintiff.
Adv.P.S. Pandey for all defendants present.
KB for order.
LO at 05.45 pm
         While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
Matter adjd to 19.10.2022 for ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-10-2022

Date: 30-09-2022
Business: None present for plaintiff.
Adv.P.S. Pandey for all defendants present.
KB for order.
LO at 05.45 pm
         While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
Matter adjd to 19.10.2022 for ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-10-2022

Date: 30-09-2022
Business: None present for plaintiff.
Adv.P.S. Pandey for all defendants present.
KB for order.
LO at 05.45 pm
         While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
Matter adjd to 19.10.2022 for ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv.P.S. Pandey for defendant present.
Adv.S.H. Singh present and filed vakalatnama on behalf of plaintiff No.2 t.o.r. and marked as Exh.6.
KB
LO at 05.00 pm
ORDER IN CHAMBER SUMMONS NO.962/2019
This chamber summons is taken out by plaintiffs to delete name of plaintiff No.1 as she expired on 01.08.2018. The chamber summons is opposed by defendants on the ground of delay. Read the copy of death certificate attached alongwith chamber summons. It shows that plaintiff No.1 has expired on 01.08.2018. The plaintiff wants to delete name of deceased plaintiff No.1 from the suit. The amendment has technical one, hence, it requires to be allowed. In the result I pass following order.
ORDER
1. Chamber summons No.962/2019 is allowed.
2. Plaintiff No.2 is allowed to carry out necessary amendment.
3. Chamber summons No.962/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 19-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104270/2019
Filing Date: 20-05-2019
First Hearing Date: 15th June 2019
Decision Date: 19th October 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Oct 2022
    Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100962/2019
1.Bansraji Baburam Rajbhar 2.Chandravati Lalji Rajbhar Vs Harku Sheru Rajbhar And
Ors
Date : 19-10-2022
Business : Adv.P.S. Pandey for defendant present.
Adv.S.H. Singh present and filed vakalatnama on behalf
of plaintiff No.2 t.o.r. and marked as Exh.6.
KB
LO at 05.00 pm
ORDER IN CHAMBER SUMMONS NO.962/2019
This chamber summons is taken out by plaintiffs to delete
name of plaintiff No.1 as she expired on 01.08.2018. The
chamber summons is opposed by defendants on the
ground of delay. Read the copy of death certificate
attached alongwith chamber summons. It shows that
plaintiff No.1 has expired on 01.08.2018. The plaintiff
wants to delete name of deceased plaintiff No.1 from the
suit. The amendment has technical one, hence, it requires
to be allowed. In the result I pass following order.
ORDER
1. Chamber summons No.962/2019 is allowed.
2. Plaintiff No.2 is allowed to carry out necessary
amendment.
3. Chamber summons No.962/2019 is disposed of
accordingly.
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