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CHAMBER SUMMONS

Mapletree Property Pvt LtdVsMrs Zarinabai Asgarali - deceased And Ors

CNR MHCC01005947201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 23rd March 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101090/2019
Registration Date
17 Jun 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: 21-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv. Sumedha Sawant I/b Nainesh Amin for plaintiff present.
    Adjd for arguments to 05/11/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Nobody present.
    Plaintiff till date not tendered registered chamber summons.
    The plaintiff to comply on next date failing which chamber summons will be removed/dismissed from the record.
    Adjd for compliance to 04/01/2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Adv. Mr. Nainesh Amin for plaintiff present.
    Adv. for plaintiff tendered original CS No. 1090/19. t.o.r.
    Adv. for plaintiff filed affidavit of service. t.o.r.
    Plaintiff to produce death certificate of deceased defendant.
    Adjd for Ch/s hearing to 21/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv. Sumedha Sawant I/b Adv. Amin for plaintiff present.
    Adv. for plaintiff filed List of document i.e. death certificate of defendant No. 1. O Filed.
    Adjd for taking steps to 20/03/2020.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Sumedha Sawant for plaintiff is present.
    None for defendant.
    Today matter is for steps.
    The Ld. Adv.for the plaintiff submits that CH/S No. 1090/19 be made absolute.
    Perused noting/roznama dtd. 21.02.2020 on that day true copy of death certificate is filed. I have heard Ld. Adv.for plaintiff.
    Matter adjd for CH/S order on 23.03.2021.
    Next Purpose: ORDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: None present.
    F.R.S.R. following order is passed-
    ORDER
    Chamber Summons no. 1090 of 2019 in Suit no. 3256 of 2009 is allowed as under-
    1.   Delay in taking out this Chamber summons is hereby condoned.
    2.   Abatement of Suit because of death of original defendant no.1 is hereby set aside.
    3.   Plaintiff is permitted to bring proposed defendant no.1 and 2 as defendant no. 1a and 1b in the plaint.
    4.   Plaintiff is allowed to make amendment in the plaint as per schedule A annexed to the Chamber Summons.
    5.   Due to Corono Virus Covid-19 Pandemic, it is not proper to permit the plaintiff to carry out the amendment within 14 days from the date of this order.
    6.   Plaintiff is directed to carry out amendment as directed above till next date.
    7.   Plaintiff is directed to file on record amended copy of the plaint for Court record after carrying out amendment.
    8.   Plaintiff is directed to serve copy of the amended plaint with writ of summons to the added defendant no.1a and 1b and also defendant no.2 to 4 on required process fee.
    Matter adjd for compliance to 23-06-2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106464/2019
    Filing Date: 17-06-2019
    First Hearing Date: 21st June 2019
    Decision Date: 23rd March 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Mar 2021

    Order Details: Chamber summons Pdf Text: MHCC010059472019 CNR NO. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO.1090 OF 2019 IN S.C. SUIT NO.3256 OF 2009 Mapletree Property Pvt Ltd. ]… Plaintiff V/s. Mrs Zarinabai Asgarali - deceased ] And Ors. ]...Defendants. Appearance: Learned Advocate Ms. Sumedha Sawant for plaintiff. None for defendants. CORAM : HIS HONOUR JUDGE SHRI SHANKAR G. BORLEPWAR (C.R.No.13) DATED : 23rd March, 2021 ORAL ORDER 1. Plaintiff took out this Chamber Summons for…

    Read Full Order

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