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CHAMBER SUMMONS

Asmabai Badruddin Chitalwala +2 moreVsAbbas Rajabali Chitalwala +2 more

CNR MHCC01005730201866-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 21st January 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100806/2018
Registration Date
26 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1Asmabai Badruddin Chitalwala
    2. 2Fakhruddin Badruddin Chitalwala
    3. 3Mohsin Badrudin Chitalwala

    Respondent

    1. 1Abbas Rajabali Chitalwala
    2. 2Shabbir Rajabali Chitalwala
    3. 3Smt. Dayambai Mohammed Adenwala

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-04-2018
Business: Adv. Santosh Mhaske for plaintiff present.
None present for the defendant.
Adjd. to 20/06/2018 for service of CS.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2018

Date: 20-06-2018
Business: None present for the parties.
Adjd. to 18/07/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Adv. Santosh Mhaske for plaintiff present.
By way of last opportunity, adjd. to 08/08/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Adv. M.S. Kadu for plaintiff present.
Ld. Counsel requests for time as acknowledgment
of service is awaited.
Plaintiff tenders registered CS No.806/18.
Adjd. to 11/09/2018 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Adv. Santosh Mhaske for plaintiff present.
Adv. Ms. Khan for defendant present.
Plaintiff files affidavit of evidence in CS.
Adjd. to 17/10/2018 for CS reply/hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2018

Date: 17-10-2018

Date: 05-12-2018
Business: Adv. Shashikala Mahamuni for plaintiff present.
None present for defendants.
CS to proceed without reply.
Adjd. to 23/01/2019 for hearing CS/NM.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Adv. Shashikala Mahamuni for the plaintiff present.
Adv. Miss. Roshan Ansari for defendant nos. 6 and 7
present. As Court is on leave, adjd to 12.02.2019 for CS and NM hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: 12.02.2019
Suit 2238/16, NM 4056/16, Ch/sum 806/16
Adv. Shashikala Mahamuni for plaintiff present.
Adv. Roshan Ansri for deft. no. 6 and 7 present.
In view of Elevation of the Hon\''ble P.O. as per
notification no. No. K. 13014/04/2017-US.I dated 08.02.2019 it shall not be desirable to pass any order. Hence matter adjd to 11.03.2019 for Ch/sum hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Matter pertains to CR No.19
None present for plaintiff
Adv. Ansari Roshan for defendant No.6 and 7.
Adjd for hearing to 10.06.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. S. Mahamange present for Plaintiff.
Adv. Ms. Poonam Tiwari present for Defendant Nos. 6 and 7.
As the court is busy in dictating judgment in suit No.6986/06. Hence, board is discharged.
Case is adjourned to 19.10.2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Plaintiff no.6 and 7 present.
None present for Defendants.
Advocate Dipesh Siroya for applicant present and sought time to file reply to Chamber Summons. Considering submissions adjourned.
Case is adjourned to 04/01/2020 for Chamber Summons reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: Plaintiff present.
None present for Defendant.
Adv. P.S.Mishra for proposed respondent present for chamber summons 806/18 is present and sought time to file reply to chamber summons.
Case is adjourned 27.2.2020 to for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: C/S REPLY
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S REPLY
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Business: Adjd. to 08.10.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: C/S REPLY
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: C/S REPLY
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Mahamuni for plff present. She has tendered draft Ch.s  alongwith affidavit. Leave granted to register Chs. Copy be served to other side.
Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the deft.
Adjd to 29.04.2021 for Ch/s. service and Ch/s. reply.
Next Purpose: SERVICE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for service to 26/08/2021
Next Purpose: SERVICE
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Adv. Smt. Mahamuni for plaintiff present.
None for defendant.
The proposed defendant to file reply to Ch/s No. 806/18 failing which chamber summons will proceed without reply of proposed defendant.
Adv. for plaintiff filed registered Ch/s No. 643/21 along with affidavit in support. t.o.r.
Plaintiff to file affidavit of service of chamber summons No. 643/21
Adjd for compliance/reply/argument to Ch/s 806/2021 to 20/10/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Dt.20/10/2021
Suit  2238/16
CS 643/21
CS 806/18
NM 4056/16
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Shashikala Mahamuni for plaintiff present and seeks time.
None for defendant.
Adjd for affidavit of service/chamber summons hearing to 24/11/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None present when called at 3.24 pm
Adjd for Chs. Hearing to 03/01/2022
Next Purpose: C/S  HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: At 3.26 pm
Adv. For plaintiff present and seeks time to file affidavit of service. Granted as last chance.
None for defendants.
Adjd for filing affidavit of service of chamber summons to 17/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Shashikala Mahamuni for plaintiff present.
Court is busy in recording evidence in suit No. 4465/09  and hearing arguments to chamber summons in suit No. 9292/95. Hence adjourned.
Adjd for affidavit of service to 28/04/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Dt.28/04/2022
Suit  2238/16
NM 4056/16
CS 806/18
CS 643/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Sashikal Mahamuni for plaintiff present.
Matter adjd for affidavit of service to 14-07-2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None for plaintiff.
Adv. Shashikala Mahamuni for defendant no 2 present.
The plaintiff has not filed affidavit of service regarding C/S No 643/21.
Hence, the plaintiff is directed to file affidavit of service and also to argue in C/S No. 806/18 and 4056/16
Matter is adjd.to 24-08-2022 for file affidavit of service and also for hearing in C/S No. 806/18  and 4056/16
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None for plaintiff.
Adv. Shashikala Mahamuni for defendant no. 2 present and filed affidavit of service regarding C/S no. 643/21 t.o.r.
Matter is adjd.to  19-09-2022 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: matter is adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv. Shashikala Mahamuni  for plaintiff present.
None for defendants no.  1 to 7
Proposed defendant no. 8 is purchaser of the property and he is necessary party to the suit. Hence,  C/S No.  806/18 is made absolute in terms of prayer clause (a) and (b).
The plaintiff is directed carried out amendment on or before the next date of hearing.  The proceeding of C/S No.  806/18 is closed.
Nature Of Disposal: OTHER
Disposal Date: 21-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106258/2018
Filing Date: 26-04-2018
First Hearing Date: 27th April 2018
Decision Date: 21st January 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    21 Jan 2023
    Order Details: Other
Pdf Text: 1/25/23, 1:45 PM Case History
172.16.148.30/swecourtis/kiosk/ 1/1
Back
Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100806/2018
1.Asmabai Badruddin Chitalwala 2.Fakhruddin Badruddin Chitalwala 3.Mohsin Badrudin Chitalwala Vs 1.Abbas
Rajabali Chitalwala 2.Shabbir Rajabali Chitalwala 3.Smt. Dayambai Mohammed Adenwala
Date : 21-01-2023
Business 	: Adv. Shashikala Mahamuni for plaintiff present. None for defendants no. 1 to 7
Proposed defendant no. 8 is purchaser of the property and he is necessary party
to the suit. Hence, C/S No. 806/18 is made absolute in terms of prayer clause (a)
and (b). The plaintiff is directed carried out amendment on or before the next
date of hearing. The proceeding of C/S No. 806/18 is closed.
Nature of Disposal 	: OTHER
Disposal Date 	: 21-01-2023
COURT 66 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    21 Jan 2023
    Order Details: Other
Pdf Text: 1/25/23, 1:45 PM Case History
172.16.148.30/swecourtis/kiosk/ 1/1
Back
Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100806/2018
1.Asmabai Badruddin Chitalwala 2.Fakhruddin Badruddin Chitalwala 3.Mohsin Badrudin Chitalwala Vs 1.Abbas
Rajabali Chitalwala 2.Shabbir Rajabali Chitalwala 3.Smt. Dayambai Mohammed Adenwala
Date : 21-01-2023
Business 	: Adv. Shashikala Mahamuni for plaintiff present. None for defendants no. 1 to 7
Proposed defendant no. 8 is purchaser of the property and he is necessary party
to the suit. Hence, C/S No. 806/18 is made absolute in terms of prayer clause (a)
and (b). The plaintiff is directed carried out amendment on or before the next
date of hearing. The proceeding of C/S No. 806/18 is closed.
Nature of Disposal 	: OTHER
Disposal Date 	: 21-01-2023
COURT 66 ADDL SESSIONS JUDGE
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