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CHAMBER SUMMONS

Firoz Fakir KhanVsMCGM And Anr.

CNR MHCC01009449201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th February 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101673/2019
Registration Date
17 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Firoz Fakir Khan

    Respondent

    1. 1MCGM And Anr.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-09-2019
    Business: As Court is busy in hearing Chamber Summons in suit no. 1571/15, 1572/15, 5099/12, 6493/03 and 2363/19 and in hearing ad interim in ST no. 9928/19 also in dictating orders in Suit no. 1571/15, 1572/15, 6493/03. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 14.10.2019  for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Advocate P.F.Singh for plaintiff present and filed original Chamber Summons No. 1673/19 along with affidavit in support of Chamber Summons. T.O.R.
    Advocate Rajan Yadav a/w adv. Giri for defendant/ MCGM present and submits that Chamber Summons is not served.
    Adv. Singh undertakes to serve copy of Chamber Summons on advocate for defendant.
    Earlier order to continue till next date.
    The case is adjourned to 22.11.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on leave. Hence today board is discharged. Hence adjd.to
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Mr. Pal for plaintiff present.
    Adv. Mrs. Rajan Yadav  for deft./MCGM present.
    Exh.8- Application for taking additional documents .
    K. B.
    L. O. at 04 20 p.m.
    Adv. Mr. Tanveer Shaikh for applicant filed Vakalatnama t.or. and marked as Exh.09.
    Adv. Mr. Tanveer Shaikh for applicants Gayatri and Gauri filed draft chamber summons alongwith affidavit t.o.r. It is requested to perused order of the Hon\''ble High Court in WP 678/19 dtd. 03/12/2019, to decide ch/s at the earliest.
    Order Leave granted. Chamber Summons be register.
    Copy served to MCGM and plaintiff.
    It is expedited by the Honble H/C, hence plaintiff to file reply and both side to argue on ch/s ad n.m. on 03/01/2020.
    Earlier order if, any continue till next date.
    Matter is adjd. 03/01/2020 for ch/s arg. At 12 15 noon and order on n.m.
    Authenticated copy be given to both sides.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Mr. Pal for plaintiff present.
    Adv. for deft./MCGM absent.
    Earlier order to continue till next date.
    Matter is adjd. for Ch/s hearing on 27.01.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Mr. Pal for plff., prayedfor adjd as adv. Mr. Pratap Singh is bed ridden.
    Adv. Mr. Rajan Yadav for deft./MCGM present.
    Adv. Mr. Tanvir Shaikh for applicant, raised objection for adjd .
    Plff to note it is expedited as per order of the Hon\''bel High
    court in W.P. 678/19.  Adjd is granted to supply copy of
    reply in advance to plff, deft. and applicant positively in
    this week and argue on 03.02.2020.
    In default to argue on next date, court may vacate EOC.
    Exh.10- Additional affidavit field by applicant, copy supplied to other side.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for ch/s argument on 03.02.2020 at
    12.30 p.m.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Mr. Pal h/f adv. Mr. Pratap Singh for plff. present.
    Adv. Mr. Rajan Yadav for deft./MCGM present.
    Adv. Mr. Tanvir Shaikh for applicant, submits that copy in advance was not supplied as mentioned in last roznama.
    Exh.11- Reply to ch/s no. 1885/19 submitted by plff., copy supplied to applicant.
    Heard arguments of adv. Mr. Tanvir Shiakh for applicant and adv. Mr. Pal for plff.on ch/s no. 2308/19.
    During course of argument ld adv. Mr. Tanvir Shaikh shows that assessment at page no.35 with plaint bear hand written endorsement Three storied C.C. Chawl, however, its copy filed by applicant on page no. 64, do not bear such endorsement.
    Plaintiff Firoz Khan is called in witness box, he replied that this document was given to him by landlord Mr. Ashok Naik.
    Thereafter, Mr. Ashok Naik is called before the court, he shown the assessment dtd. 01.01.2020 along-with letter of BMC dtd. 09.12.2019, wherein no such hand written endorsement is there.  He is ready to produce the same along-with pursis.
    Now Mr. Firoz Khan submits that page no. 35 along-with hand written endorsement was not given by him to his lawyer, therefore, he can not explain who has written in hand writing.  Accordingly, he is ready to file pursis.
    Exh.12- Pursis along-with two documents submitted by original landlord Mr. Ashok Naik.  He had no lawyer, at his request, the court has provided help of adv. Mr. Ravindra Singh.
    Exh.13- Adjournment application submitted by adv. Mr. Pal, requested for short adjd. to argue, as Adv. Mr. Pratap Singh will argue tomorrow on NM.  At his request matter is placed at 1.00p.m. on 04.02.2020.
    Matter is kept back at 4.30 p.m. For submission of pursis.
    Exh.14- Submitted by plff. at 5.20p.m. that page no.35 is the same given by me to my lawyer.  Previously at 4.00pm. he submitted  by coming in witness box that page no.35 was not given by him, he again requested to show page no. 35 and submits that same was given by him to his lawyer.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM argument on 04.02.2020 at
    1.00p.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mr. Rajan Yadav for deft./MCGM present, prayed for extension of time to register NM of contempt, for which leave was granted on 29.01.2019- Granted.
    Adv. Mr. Tanvir Shaikh for applicant present.
    Heard adv. Mr. Pratap Singh on ch/s and NM from 1.20 to 1.50p.m.  Heard reply of adv. Mr. Tanvir Shaikh from 1.50 to 2.00p.m.
    LO
    Adv. Mr. Pratap Singh for plff., tendered registered contempt motion no. 1231/19, which was registered on 11.04.2019.
    There is no satisfactory explanation submitted by plff for keeping registered motion with him for 10 months.
    Heard arguments of adv. Mr. Pratap Singh from 4.40 to 5.20p.m.
    Ld adv. Mr. Rajan Yadav for deft/MCGM, submits that he already argued his case on 17.12.2019.
    Posted for order on Ch/s and NM.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for Order on Ch/s and NM on
    13.02.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mr. Rajan Yadav for deft./MCGM present, tendered registered contempt NM no. 568/2020.
    Exh.15- List of documents filed by plff., copy supplied to MCGM.
    Heard adv. Mr. Pratap Singh, in view of additional
    documents vide Exh.15.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for ch/s and NM order on 25.02.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Mr. Pratap Singh for plaintiff present.
    Adv. Mr. Rajan Yadav for deft.nos.1 and 2/MCGM present.
    F.R.S.R. following order is passed on Ch/s no. 1673/19.
                                        ORDER
    1. Ch/s no. 1673/19 is made absolute in view of prayer clause (a) and (b).
    2. Plff is permitted to amend the plaint within two weeks from the date of uploading the order.
    3. Defendants are at liberty to file additional written statement.
    4. Ch/s no. 1673/19 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 110072/2019
    Filing Date: 17-09-2019
    First Hearing Date: 17th September 2019
    Decision Date: 25th February 2020
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Feb 2020

    Order Details: Chamber summons Pdf Text: Ch/s No. 1673/19 in Suit No. 2940/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 1673 OF 2019 (CNR NO. MHCC01-009449-2019) IN LONG CAUSE SUIT NO. 2940 OF 2018 (CNR NO. MHCC01-014081-2018) Firoz Fakir Khan ...Plaintiff Versus The Municipal Corporation of Gr. Mumbai and others ...Defendants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 25th FEBRUARY, 2020. Mr. Pratap Singh, Advocate for Plaintiff. Mr. Rajan Yadav, Advocate for Defendants No.1…

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