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CHAMBER SUMMONS

Mr. Abraham Kolath and Anr.VsM/s. Heritage Housing Corporation and Ors.

CNR MHCC01006607202166-COURT 66 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 05th December 2023

TrustJury record updated 03 Oct 2026

Case Overview

Registration Number
101063/2021
Registration Date
08 Sept 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Mr. Abraham Kolath and Anr.

    Respondent

    1. 1M/s. Heritage Housing Corporation and Ors.

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-09-2021
Business: Adv. L. K. Tripathi For plaintiff present.
Adv. For plaintiff filed registered CS No. 1064/21. already disposed of. t.o.r.
Adv. For plaintiff tendered registered CS No. 1063/2021. t.o.r.
Vakalatnama filed on behalf of defendant No. 1 and 2 by Adv. Devmani Shuklaand and Adv. Vijayprakash Yadav. t.o.r. O- Read and Recorded.
Adv. For plaintiff stated that as defendant No. 4 is husband of defendant no. 2 the defendant No. 4 can appear in the suit.
Defendant No.2 being wife of defendant no. 4 should not go into technicality and incase deft No. 4 desire, may appear in the court.
Issue fresh writ of summons/notice of motion to defendant No. 3 to 5 in the address of partnership firm  shown in the title of the suit through RPAD.
At this stage adv. For defendant No. 6 present.
Adjd for report to 26/10/2021
Next Purpose: REPORT
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Dt.26/10/2021
Suit  1491/21
NM 1538/21
CS 1063/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. L.K. Tripathi for plff is present.
Adv. for deft nos.1 and 2 is present.
Adv. for plff filed joint affidavit of service  to deft no. 3 to 5 stating that tracked report will be filed as and when required.
Adv. For plff requested that the writ of summons/NM be allowed to serve the deft no.4 through RPAD.
Issue writ of summons/ Notice of notice of motion by RPAD to deft no.4.
Adjd for affidavit of service to 09/11/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Amar Rane For defendant No. 1 and 2 present.
Adv. For plaintiff stated that acknowledgement is awaited for service of writ of summons to defendant No. 3 to 5. Hence adjourned.
Adjd for NM hearing to 02/12/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Plaintiff present and seeking adjournment on the ground that his advocate will not come today. Adjournment granted as last chance.
Adv. Reshma Nair  For defendant No. 1 and 2 present.
Adjd for NM hearing to 11/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
11.36 am.
None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for NM hearing to 27-04-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Dt.27/04/2022
Suit 1491/21
CS 1063/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Nilesh Tirodkar for society present.
Adv. Vivekanand Akshali for defendant Nos. 1 and 2 present.
Matter is adjd for NM hearing  on. 28-07-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for plaintiff.
None for defendants no. 1 and 2.
Matter is adjd.to 29-09-2022 for NM and C/S Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: matter is adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: PO is on leave
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None For plaintiff present.
Adv.Vivekananad Akshali for defendant no. 1 and 2 present and submitted that plaintiff is neither served copy of ch/s nor remain present. The roznama shows that plaintiff is repeatedly absent, hence ch/s kept for dismissal.
Matter adjourned for dismissal of ch/s no. 1063 of 2021 to 05/12/2023.
L. O.
Adv. L. K. Tripathi for plaintiff present.
Plaintiff present.
Already matter adjourned to 05/12/2023 for dismissal of ch/s.
Next Purpose: DISMISSAL
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Adv.L. K. Tripathi  for plaintiff present.
Adv. Devmari Shukla For defendant no. 2 present.
Order on Chamber summons no. 1063 of 2021 :-
Heard advocate for plaintiff. The plaintiff has taken out the chamber summons to serve defendant no. 3 to 5 by way of substituted service. The advocate for plaintiff submitted that plaintiff tried his level best to served defendant no. 3 to 5 but all his affords goes in vain. Therefore to proceed matter further, chamber summons needs to allowed, considering this I passed following order :-
1) Prayer clause (a) of  Chamber summons no. 1063 of 2021 is made absolute.
Nature Of Disposal: OTHER
Disposal Date: 05-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107102/2021
Filing Date: 08-09-2021
First Hearing Date: 17th September 2021
Decision Date: 05th December 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Dec 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101063/2021
Mr. Abraham Kolath and Anr. Vs M/s. Heritage Housing Corporation and Ors.
Date : 05-12-2023
Business : Adv.L. K. Tripathi for plaintiff present. Adv. Devmari Shukla
For defendant no. 2 present. Order on Chamber summons no.
1063 of 2021 :- Heard advocate for plaintiff. The plaintiff has
taken out the chamber summons to serve defendant no. 3 to 5
by way of substituted service. The advocate for plaintiff
submitted that plaintiff tried his level best to served defendant
no. 3 to 5 but all his affords goes in vain. Therefore to proceed
matter further, chamber summons needs to allowed,
considering this I passed following order :- 1) Prayer clause
(a) of Chamber summons no. 1063 of 2021 is made absolute.
Nature of Disposal : OTHER
Disposal Date : 05-12-2023
COURT 66 ADDL SESSIONS JUDGE
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