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CHAMBER SUMMONS

Mr.Abdul Kalam Khan - Suit Stamp No.7044 of 2018VsMCGM And Anr - Applicant - Abdhulla Kitabullah Khan

CNR MHCC0100726120184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 05th December 2023

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101005/2018
Registration Date
19 Jun 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-06-2018
Business: Adv. Mr. Murudkar   for Plaintiff present.
Adv. for defendant / BMC
Adv. Ms. Khobragade for applicant present and tendered org Ch/s No.881/18
Adv. Mr. Tushar Kadam for applicant present in another Ch/s.
Adjd. to 16.07.2018 for Ch/s hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Mr. Vikas Murudkar for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Adv. Ms. Khobragade Applicant present.
Earlier order to continue till next date.
Adjd. to 27.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2018

Date: 27-07-2018
Reason For Adjournment: court time is over
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 23-08-2018

Date: 23-08-2018
Business: Adv Murudkar for plff present.
Adv Mrs.Kamble for BMC/deft present.
Earlier order to continue till next date.
Adjd to 25/09/2018 for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-09-2018

Date: 25-09-2018
Business: Adv. Manoj Gholap for plaintiff present.
Adv. Kamble for defendant no. / BMC present.
Adv.Naik for applicant present.
Earlier order, if any, to continue till next date.
Matter adjd. to 22.11.18 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Adv. Mr. Murudkar for Plaintiff present.
Adv. Mrs. Kamble for Defendant/BMC present.
Adv. Ms. Khobragade for applicant present.
Adv. Mr. Vishal Jathar for another applicant.
Earlier order, if any, to continue till next date.
Adjd. to 22.01.2019 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv Murudkar for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Adv Vishal Jathar for applicant.
Adv Swapna Khobragade for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 28/03/2019 for NM hearing and ch/sum hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Mr. Murudkar for Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adv. Ms. Khobragade for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Adv. Murudkar for plaintiff present.
Adv. Ms. Hajare for MCGM/Def. present.
Adv. Kobragade for applicant present.
Ld. advocate for the plaintiff has submitted that the proceeding be stayed by Hon\''ble High Court in W. P. No. 8690/2018.  Hence matter is stayed.
Earlier order, if any, to continue till next date.
Adjd to 29.08.2019 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Vikas Murudkar for Plaintiff present.
None for Defendants.
Adv. Mr. Abhijeet Naik for applicant present.
Earlier order, if any, to continue till next date.
Adjd to 24.10.2019 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Reason For Adjournment: court time is over
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv.Murudkar for plaintiff present.
Adv. Abhijeet Naik h/f Adv. Khobragade for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
This matter is not stayed for Hon\''ble High Court.
Earlier order, if any, to continue till next date.
Adjd to 17.03.2020 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Adv. Murudkar for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Adv Munde for applicant present.
Earlier order, if any, to continue till next date.
 Matter adjd to  11.06.2020  for CS hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Adv. Mr. Murudkar for plaintiff present.
Adv. Khandagale h/f Adv. Ms. Hazare for deft/MCGM present.
Adv. Shreyas Lele for applicant present.
Earlier order, if any, to continue till next date.
Matter adjd to 02/02/2021 for Ch/s Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 23/02/2021 for NM and Ch/s Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Murudkar for Plaintiff present.
Adv. Hajare for Defendant/MCGM present.
Adv. Sapna Khobragade for applicant in Ch/s. No. 1005/18 present.
None for applicant in Ch/s. No. 881/18.
Earlier order, if any, to continue till next date.
Matter adjd. to 08/04/2021  for N/m and Ch/s. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 22/06/2021 for NM and Ch/s. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv Vikas Murudkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Vishal Jathar I/b M/s MDP and Partners for applicant in Ch/s No.881/18 present and tendered rejoinder. TOR. Copy be served to other side.
None  for applicant in Ch/s No.1005/18.
Earlier order, if any, to continue till next date.
Adjd. To 16/09/2021 for NM hearing / Ch/s hearing.
L.O.
Adv Dharmesh Panchal h/f Adv Rajesh Khobragade for applicant in Ch/s.1005/18 is present.
Matter is already adjd. To 16/09/2021 for NM hearing / Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv Vikas Murudkar for plaintiff present.
Adv Smita Chavan for defendant / MCGM present.
Adv Khobragade for applicant in Ch/s.1005/18 is present.
Adv Vishal Jathar for applicant in Ch/s No.881/18 present.
Earlier order, if any, to continue till next date.
Adjd. To 25/11/2021 for NM hearing / Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Murudkar for Plaintiff present.
Adv Mrs Rawade h.f. Adv. Chavan for defendant / MCGM present.
Adv Shailesh Lele for applicant in Ch/s.881/18 is present.
None for applicant in Ch/s. No. 1005/18.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/02/2022 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Murudkar for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
None for applicants.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2022 for suit stayed.
L.O. at 12.05 p.m.
Adv Abhijeet Naik h/f Adv Khobragade for applicant in Ch/s NO.1005/2018 present.
Already adjd. to 12/04/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv Murudkar for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Adv Abhijeet Naik h/f Adv Khobragade for applicant in Ch/s.1005/18 is present.
None for applicant in Ch/s No.881/18.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Murudkar for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. Khobragade for applicant present in Ch/s.1006/18 is present. None for applicant in Ch/s No.880/18.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Murudkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present.
Adv. Abhijeet Naik for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Murudkar for plaintiff present.
None for defendant/ BMC is present.
Adv. Gayatri Nayak h/f Adv. Sapna Khobragade for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Murudkar for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adv. Abhijeet Naik h/f Adv. Sapna Khobragade for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 21/03/2023 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: court is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Kajal Chourasiya for the plaintiff is present.
Ld. Counsel Mr. Tawakulli with Ld. Adv. Mrs.Mhatre  for BMC is present and tendered application for expediting hearing of NM and pass appropriate order against the plaintiff for non-compliance of Hon\''ble High Court Order. T.O.R. marked as Exh. 05.
Copy is supplied to advocate for plaintiff.
O-On perusal of Roznama it appears that matter is stayed. However, Adv. for corporation submitted that there is no stay and Adv.for plaintiff submitted that matter is stayed. Therefore, parties are directed to file affidavit about stay.
Mr. Gajanan Dhotre, Asst. Engineer from T-Ward/BMC is present.
Adv. Rishabh Jain for applicant in Ch/s. is present.
O-Earlier order, if any, to continue till next date.
Matter is adjd. to 18.04.2023 for filing affidavit by the parties.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Murudkar for plaintiff.
Counsel Adv. Tawakulli with Adv.  Mhatre for defendant/ BMC present.
Adv. Khobragade for applicant in Ch/s No.1005/18  present.
Adv. R. R. Dhikale for applicant in Ch/s. No. 881/18.
Adv. of plaintiff submitted that he never went before the Hon\''ble High Court in this matter. Hence, there is no question to keep the matter in the list of stayed.
Therefore, the matter be removed from the caption of Stayed.
Earlier order if any, to continue till next date.
Adjd. to 22.06.2023 for Chamber summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Advocate  Murudkar for plaintiff present.
Advocate Mhatre  for defendant/BMC present
Adv Abhijeet Naik h/f Khobragade for applicant in ch/s NO. 1005/2018 present and seeks time to argue chamber summons stating that senior is held up in Hon’ble High Court.
Advocate for defendant/BMC given say on Ch/s No. 1005/2018.
Adv for defendant/BMC opposed adjournment as there is injunction against the corporation. However as a last chance time is granted with direction if applicant failed to argue on  ch/s on next date, it will be dismissed for default.
None present fo applicant in Ch/s No. 881/2018 hence, no application for adjournment, hence kept for dismissal.
Earlier order, if any, to continue till next date.
Adjd  to 27.07.2023  for Hearing  on Ch/s No. 1005/2018 and dismissal of ch/s NO. 881/2018
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Advocate Murudkar for plaintiff present.
Adv. Rushab Jain in ch/s No.881/2018  for Applicant  present and has not pressed ch/s  881/2018. Hence Ch/s No. 881 /2018 is disposed off as withdrawn.
Adv. Khobragade in ch/s No. 1005/2018 for applicant present.
Advocate Mhatre  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Due to heavy rain matter adjourned.
Adjd  to 24.08.2023  for  Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Advocate Vikas Murudkar for plaintiff present.
Adv. Khobragade for applicant present.
Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 21.09.2023 at  1 “O” clock   for Ch/s Hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: Adv Murudkar for plaintiff present.
Adv. Mrs. Mhatre for defendant/B.M.C. present and submitted that in this matter counsel is to be appointed to representate BMC, hence seeks short date. Hence matter is adjourned.
Adv Khobragade for applicant in Ch/s present.
Earlier order if any, continued till next date.
Adjd to 19/10/2023 for Ch/s hearing at morning session.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
None present for applicant.
Matter is today ch/s is kept for hearing but none present for applicant. Hence ch/s is kept for dismissal for default.
Earlier order, if any, to continue till next date.
Adjd  to  30.10.2023   for Ch/s Dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Advocate Murudkar  for plaintiff present.
Adv Khobragade Applicant in ch/s  present
Advocate Mhatre  for defendant/BMC present.
Adv for applicant/plaintiff submitted that on previous date matter was kept in morning session and applicant was absent on that day, therefore matter is show in caption of dismissal of ch/s. However due to confusion in the timing she could not remained present on previous date.  She is ready for argument.
Heard argument of Adv for plaintiff and Adv. for applicant. on Ch/s.
keep back till 4.00 p.m
Later on at 4.00 p.m.
None present for plaintiff when called.
Adv. Rahul Yadav h/f Khobragade for applicant present
L.O. 4.08. p.m
Adv. Murudkar for plaintiff present.
Adv. Khobragade for applicant present.
Heard argument of  Adv. for deft/BMC on ch/s.
Earlier order, if any, to continue till next date.
Adjd  to  23.11.2023   for  Ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Advocate Murudkar for plaintiff present and tendered list of citation marked as Exh. 4.
Advocate Mhatre for defendant/BMC present.
Adv. Raj Gupta h/f Khobragade for applicant present.
keep back
Later on 4.31 p.m.
Same appearance.
Adv Khobragade for applicant present .
Heard argument of Adv for deft/BMC in case law.
Earlier order, if any, to continue till next date.
Adjd  to   05.12.2023   for ch/s Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Advocate Murudkar  for plaintiff present.
Advocate Mhatre for defendant/BMC present.
None present for applicant.
F. R.S.R.Following order is passed in Ch/s No.1005/18
ORDER
1.  Chamber Summons is hereby made absolute in terms of prayer clauses (a) and (b).
2. The plaintiff to carry out necessary amendment and shall serve copy of amended plaint to defendants till the next date.
Earlier order, if any, to continue till next date.
Adjd  to 19.12.2023   for Compliance
Nature Of Disposal: ALLOWED
Disposal Date: 05-12-2023

Additional Case Details

Additional Case Details
Filing Number: 107963/2018
Filing Date: 19-06-2018
First Hearing Date: 28th June 2018
Decision Date: 05th December 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

2
Final Order 1Full order available
05 Dec 2023

Order Details: Chamber summons Pdf Text: 1 C/S. No.1005/18 (LCS No.1844/18) MHCC010072612018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI CHAMBER SUMMONS No.1005 OF 2018 IN LONG CAUSE SUIT No.1844/2018 Mr. Abdul Kalim Ali Bahadur Khan … Plaintiff - Versus - The Commissioner & Anr. ... Defendants IN Mr. Abdhullah Kitabullah Khan ... Proposed defendant No.3/Applicant Appearance :- Mr. Vikas Murudkar, Advocate for plaintiff. Ms. Ekawade with Mrs. Mhatre, Advocates for defendants/M. C. G. M. Mr. R. P. Khobragade,…

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Order 1Full order available
05 Dec 2023

Order Details: Chamber summons Pdf Text: 1 C/S. No.1005/18 (LCS No.1844/18) MHCC010072612018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI CHAMBER SUMMONS No.1005 OF 2018 IN LONG CAUSE SUIT No.1844/2018 Mr. Abdul Kalim Ali Bahadur Khan … Plaintiff - Versus - The Commissioner & Anr. ... Defendants IN Mr. Abdhullah Kitabullah Khan ... Proposed defendant No.3/Applicant Appearance :- Mr. Vikas Murudkar, Advocate for plaintiff. Ms. Ekawade with Mrs. Mhatre, Advocates for defendants/M. C. G. M. Mr. R. P. Khobragade,…

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