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CHAMBER SUMMONS

Abdul Majid AboobhaiVsRashida Fakhruddin Lokhandwala - Applicants - Qureshi Mumtaz Begum And Ors

CNR MHCC0100658120191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th September 2019

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101173/2019
Registration Date
29 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Abdul Majid Aboobhai

Respondent

  1. 1Rashida Fakhruddin Lokhandwala - Applicants - Qureshi Mumtaz Begum And Ors

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 16-07-2019
Business: None present for plaintiff.
Adv. Kalyani Wagale for defendant no. 5 present.
KB
LO
Adv. Kinjal Upadhyay for plaintiff present.
Registered chamber summons no. 1173/2019 tendered by the plaintiff.
The Ld. Counsel for the plaintiff submitted that the copy of chamber summons was served upon the defendant and she will file affidavit to that effect on next date.
Adjourned for filing affidavit of service of chamber summons / reply to chamber summons to 31.7.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv. Sandeep Dhangar for applicant in chamber summons present
Plaintiff have tendered affidavit of service of CS to the defendants.
None present on behalf of the defendants and reply is not filed by the defendants. Hence the CS is put for hearing.
Adjourned for hearing on CS to 16.9.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Sandeep Dhankgar for applicants in chamber summons present.
Adv. Kalyani Wagale for defendant no. 5 present.
Order below Chamber Summons no. 1173/2019.
Heard.  The Ld counsel for the applicants submitted that the original plaintiff expired on 27.3.2019 and therefore he has brought this Chamber Summons for incorporating the applicants as his legal heirs.  The defendants have not filed the reply, but the Ld. counsel for defendant no. 5 opposed the chamber summons
        Along with Chamber Summons applicants have annexed Death Certificate. On perusal of it, it reveals that the original plaintiff expired on 27.3.2019.  The Chamber Summons was brought on 28.6.2019 i.e. within the period of 90 days.  Therefore there is no impediment in considering the present chamber summons.    Hence it is expedient to pass following order.
ORDER
1.  Chamber Summons no. 1173/2019 is made absolute in terms of prayer clause (a) and (b).
2.  Plaintiff to carry out necessary amendment in the plaint within 14 days from today.
3.  Chamber summons no. 1173/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 16-09-2019

Additional Case Details

Additional Case Details
Filing Number: 107019/2019
Filing Date: 29-06-2019
First Hearing Date: 16th July 2019
Decision Date: 16th September 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
16 Sept 2019

Order Details: Other Pdf Text: Noting : 1 C. R. No. 01 16/09/2019 SU-7464/01 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Bhadang for plaintiff present. Adv. Yasmin Sarang for defendant present. DW-2 is present. The Ld. Counsel for the plaintiffs submitted that the defendant placed reliance upon the documents which were not referred in the pleadings of the defendant, therefore the plaintiff wants to verify and call upon the defendant to supply other relevant documents and…

Read Full Order

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