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CHAMBER SUMMONS

Rashida Tajduddin Kazi +1 moreVsRafat Kazi And Ors

CNR MHCC01006340201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th September 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101140/2019
Registration Date
25 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-07-2019
    Business: Plff and Adv absent.
    Adv. A.Mazgaonwalla for defendant present.
    Rejoinder not filed by Plaintiff.
    Therefore, adj for NM hearing to 08.08.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: Adv. Shakib Shaikh for Plaintiff present.
    Adv. Asad Azgaonwalla for defendant nos.1 to 6 present.
    Earlier order, if any to continue till next date.
    As Court is busy in dictating order in other matter, hence adj for NM hearing to 03.09.2019.
    L.O.
    Plaintiff no.1 and defendant nos.1,5 and 6 are Senior citizens. In view of office order No.138 of 2019 dtd.12.07.2019, present case is to be forwarded to Court Room no.7.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Matter called out(4.02pm)
    Adv. for plaintiff no.2 presnent.
    Adv.Ramiz Shaikh for defendant no.1 to 6 present.
    Plaintiff failed to remove office objection and obtain regular no. It appears that plaintiff filed N/M No.2639/18, today advocate of plaintiff absent. It appears that plaintiff is lethargic to proceed with the matter. Hence, matter put for dismissal.
    Defendant no.1 to 4 filed their reply on C/S No.1140/19. Copy serve to the plaintiff no.2. Who is present in the court.
    Matter adj for hearing on C/S No.1140/19 on 14/10/19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Asad Mazgaonwala a/w ADv. Ramij Shaikh for plff. present.
    Matter is adjd. to 22.11.2019 for N/M hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Mr. Shakeeb Shaikh counsel a/w adv. Mangesh Nalawade for plaintiff present.
    Adv. Mr. Ramiz Shaikh for Defendant no. 1 to 6 present.
    Adv. Aiqan Memon for defendant no. 7 present.
    Heard both the sides NM 2639 of 2018
    Matter is adjd. to 25/11/2019 for NM orders.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Matter called out at 3.40pm
    Adv.Shakeeb Shaikh counsel a/w Adv.Mangesh Nalawade for plaintiff present.
    Adv.Aiqan Memon for defendant no.7 present.
    F.R.S.R following order is passed on N/M No.2639/18.
    ORDER
    1. Notice of Motion No.2639 of 2018 is hereby partly allowed.
    2. Parties to maintain status-quo till decision of the suit.
    3. Parties to bear their own cost of Notice of Motion.
    4. Notice of Motion No.2639 of 2018 is disposed off accordingly.
    Matter is adjd. to 06/01/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Matter is called out at 4.04pm
    Adv.Shakeeb Shaikh counsel a/w Adv.Mangesh Nalawade for plaintiff present.
    Adv.Aiqan Zakir Memon for defendant no.7 present filed vakalatnama.(Exh-5) Order-Seen and filed.
    None present for defendant no.1 to 6 .
    Hence, matter is adj to 11/02/2020 for C/S hearing by way of last chance.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Court is busy recording of evidence in Suit No.1351/13.
    Adv.Shakeeb Shaikh counsel a/w Adv.Mangesh Nalawade for plaintiff present.
    Adv.Shweta Singh h/f Aiqan Memon for defendant no.7 present.
    Matter is adj to 23/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Corona pandemic, it seems that parties are absent, Case is adjourned to 07/08/2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: National Lock-down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Matter called out(2.40pm)
    Adv.Mangesh Nalawade for plaintiff present.
    Defendant and his advocate absent.
    Pleading to the Chamber Summons completed.
    Hence, matter is adj to 11/02/2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv Mangesh for plaintiff present. He requested adjournment.
    Defendant and advocate absent.
    Matter adjd for C/s hearing on 26/03/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Adv for plaintiff present. She requested adjournment.
    Defendant and advocate absent.
    Suit is filed in the Month of July 2018 till date not registered.
    Plaintiff is directed to take necessary steps for registration of suit and remove the office objections if any before next date without fail.
    Matter adjd for C/s hearing on 14/06/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for C/S hearing to 18.08.2021.
                                                                                            Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None present for plaintiff.
    None present for defendant.
    It is directed to the advocate for plaintiff to remove all office  objections and get register the suit.
    Adjourned for C/S hearing to 12.10.2021.
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Advocate Shakib Shaikh for plaintiff is present.
    None present for defendant.
    It is directed to the advocate for defendant to file reply on C/S on next date. Otherwise, necessary order will be passed.
    Adjourned for C/S reply to 18.12.2021.
                                                                                            Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Advocate Asmita Rajabhar for plaintiff is present.
    None present for defendant.
    Adjourned for C/S reply to 03.02.2022.
                                                                                            Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adjourned for C/S Reply to 21/07/2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Court is vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Holiday declared on 03/09/2022 due to Ganesh Festival.  Hence, matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Court is vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: Court is vacant.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: court is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    None present for plaintiff.
    Record shows that suit is at Stamp number stage since last 05 years. CS taken by plaintiff is more than 04 years old. Reply affidavit is filed by defendant on 03.09.2019. However, as per record the court was vacant for 10-11 months and on leave on last date. The matter came first time before this court. Hence, matter is adjourned with directions to adv. for plaintiff and defendants to argue on CS on next date without fail.
    LO at 04.25 p.m.
    Adv. Asmita N. Rajbhar present for plaintiff.
    Matter is adjd. for C/S hearing to 15.09.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Mangesh Nalavade present for plaintiff.
    None present for defendant.
    Heard adv. for plaintiff on CS no.1140/2019.
    Adv. for defendant absent to argue on Chamber Summons. Matter is adjourned for Chamber Summons order on next date.
    Matter is adjd. for C/S Order to 30.09.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Asmita Rajbhar present for plaintiff.
    None present for defendant.
    KB for order.
    F. R.S.R. following order is passed on:
    Order:
    1. Chamber Summons No. 1140 of 2019 is allowed in terms of prayer clause (a) and (b).
    2. Plaintiffs are permitted to carry out amendment as per Schedule annexed to the Chamber Summons within limitation and after registration of suit.
    3. Leave granted under Order II Rule 2 of CPC.
    4. Chamber Summons No. 1140 of 2019 is disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106852/2019
    Filing Date: 25-06-2019
    First Hearing Date: 15th July 2019
    Decision Date: 30th September 2023
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    30 Sept 2023

    Order Details: Chamber summons Pdf Text: Ch.Sum No. 1140 /2019 in S.C. Suit (St.)No.9368/2018. 1 Order. MHCC010063402019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 1140 OF 2019 IN S.C. SUIT(St.) NO. 9368 OF 2018 Rashida Tajuddin Kazi and Anr. ... Plaintiffs V/s. Rafat Kazi and Anr. ... Defendants CORAM : HIS HONOUR JUDGE SHRI N.G.SHUKLA CITY CIVIL COURT, GR.BOMBAY (C.R. NO.63). DATE : 30/09/2023. Appearance:- Ld. Advocate Shri Shri Mangesh Nalawade for the plaintiffs. None for…

    Read Full Order
    Final Order 1
    30 Sept 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :CHAMBER SUMMONS/0101140/2019
    1. Rashida Tajduddin Kazi 2. Moienul Hassan Khan - Suit St. No. 9368 of 2018 Vs Rafat Kazi And Ors
    Date : 30-09-2023
    Business : CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63) Adv.
    Asmita Rajbhar present for plaintiff. None present for
    defendant. KB for order. F. R.S.R. following order is passed
    on: Order: 1. Chamber Summons No. 1140 of 2019 is allowed
    in terms of prayer clause (a) and (b). 2. Plaintiffs are permitted
    to carry out amendment as per Schedule annexed to the
    Chamber Summons within limitation and after registration of
    suit. 3. Leave granted under Order II Rule 2 of CPC. 4.
    Chamber Summons No. 1140 of 2019 is disposed off.
    Nature of Disposal : ALLOWED
    Disposal Date : 30-09-2023
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