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CHAMBER SUMMONS

Smt Bifadevi Balchnad Prajapati And OrsVsDeepchand Daswat Kumhar And Ors

CNR MHCC01010331201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 29th September 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101826/2019
Registration Date
14 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Smt Bifadevi Balchnad Prajapati And Ors

    Respondent

    1. 1Deepchand Daswat Kumhar And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-11-2019
Business: Matter called out(4.07pm)
Adv.Priyank Shukla for plaintiff present tendered registered C/S No.1826/19.
Plaintiff seeking time to file report.
Defendant and his advocate absent.
Matter is adj to 19/12/19 for report.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Matter is called out at 3.09pm
Adv.R.K.Upadhyay for plaintiff present seeking time. Time granted.
Defendant and his advocate absent.
Matter is adj to 20/02/2020 for filing service report.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Matter is called out at 3.01pm
Adv.R.K.Upadhyay for plaintiff present.
Adv. for plaintiff seeking time to file affidavit of service. Time granted.
Matter is adj to 02/04/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hoble Principal Judge, Bombay City Civil Court in the back of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned. Adjd to 21.07.2020 for Affidavit of Service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: None present both side.
In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 03.11.2020 for Affidavit of Service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: The P.O. is on leave. Hence matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 15.03.2021 for Affidavit of service.
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties. Adjd 26.04.2021 to for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present
Plaintiff has to file affidavit of service. Not filed till date.
Suit is pending since 2014. The chamber summons are pending since 2018 and 2019 therefore plaintiff to take steps to proceed.
Due to covid-19 pandemic, matter is adjourned.
Adjd for affidavit of service to 13/10/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: None present for both parties.
Adjd for affidavit of service to 24/11/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None present when called at  02.52 pm
Adjd for affidavit of service to 10/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: At 11.38 am
Adv. Manasi Tipnis For defendant No. 1 and 4 present.
None for plaintiff.
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 affidavit of service to 06/04/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: None for plaintiff.
None for defendant.
The defendants failed to file reply in both C/S. Hence, No reply order is passed in both C/S. As both C/S are pending since long last chance is given for C/S hearing.
Matter is adjd.to 04-07-2022 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Shukla for plff present. Advocate S.P. Sharma for defts present and received copy of both chamber summons. TOR. Adjd for Chamber Summons reply on 10.8.22
Next Purpose: C/S  HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Priyank Shukla for plaintiff present.
None for defendants
As reply is not filed by the defendants in C/S, it is being decided without reply.
Plaintiff no.3  expired on 06-03-2019 as per death certificate  annexed with affidavit  in support. As cause of action survives for contesting the matter even after death of  plaintiff no. 3, her Lrs can be allowed to be brought on record by condoning delay by way of amendment. Hence,  C/S No.  1826/19  is made absolute in terms of prayer clause (a).
The plaintiff is directed carried out amendment on or before the next date of hearing.  Proceeding of  C/S No.  1826/19  is  closed.
Matter is adjd.to 19-12-2022 for  compliance.
Nature Of Disposal: OTHER
Disposal Date: 29-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 110869/2019
Filing Date: 14-10-2019
First Hearing Date: 11th November 2019
Decision Date: 29th September 2022
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Sept 2022
    Order Details: Other
Pdf Text: 10/19/22, 4:39 PM Case History
172.16.148.30/swecourtis/kiosk/ 1/1
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Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101826/2019
Smt Bifadevi Balchnad Prajapati And Ors Vs Deepchand Daswat Kumhar And Ors
Date : 29-09-2022
Business 	: Adv. Priyank Shukla for plaintiff present. None for defendants As reply is not filed
by the defendants in C/S, it is being decided without reply. Plaintiff no.3 expired
on 06-03-2019 as per death certificate annexed with affidavit in support. As
cause of action survives for contesting the matter even after death of plaintiff no.
3, her Lrs can be allowed to be brought on record by condoning delay by way of
amendment. Hence, C/S No. 1826/19 is made absolute in terms of prayer clause
(a). The plaintiff is directed carried out amendment on or before the next date of
hearing. Proceeding of C/S No. 1826/19 is closed. Matter is adjd.to 19-12-2022
for compliance.
Nature of Disposal 	: OTHER
Disposal Date 	: 29-09-2022
COURT 66 ADDL SESSIONS JUDGE
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