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CHAMBER SUMMONS

Shree Shyam Balkrishna ChaulkarVsSmt. Vinaya Vilas Chaulkar And Ors

CNR MHCC0101126120192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 27th February 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101977/2019
Registration Date
06 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Shree Shyam Balkrishna Chaulkar

    Respondent

    1. 1Smt. Vinaya Vilas Chaulkar And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-12-2019
Business: Adv. C. N. Gole for plaintiff present.
He tendered registered Chamber summons 1977/19 t.o.r.
Plaintiff present.
Plaintiff is directed to served Chamber summons upon defendant.
Adjourned for service to 3.01.2020.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Plaintiff present.
Adv. C. N. Gole for plaintiff present.
Defendant no 2 present.
Plaintiff is directed to file affidavit of service of rest of defendants.
Adjourned to 6.02.2020 for service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Plff present and his Adv absent.
Deft and her Adv absent.
Matter stands Adj for return of service of CS on deft no. 1 to 03/03/2020.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv C. N. Gole for plff present.
Adv Priyanka Bhosle for deft no. 1 present.
Exh 02 - She filed VP for deft no. 1. t.o.r.
She seeks time to file WS.  Granted.
Exh 03 - Adv for plff filed affidavit of service on deft no. 1 to 4.  Deft no. 2 to 4 are duly served in the month of December 2019 but they remain absent.  Hence suit is proceeded ex-parte against deft no. 2 to 4.
Matter stands Adj for CS reply and WS of deft no. 1 to 30/03/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2020

Date: 30-03-2020
Business: adjourned
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv Amruta Patil for deft no. 1 present.
Matter stands Adj for CS Reply to 08/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present.
Adv. Amruta Patil Kavle for Deft no. 1 present.
She tendered draft n/m.  TOR.
O :- Leave granted to register.
Copy served to other side.
Matter stands Adj for Ch/s Reply to 11/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-03-2021

Date: 08-02-2021
Business: None present.
Adv. Amruta Patil Kavle for Deft no. 1 present.
She tendered draft n/m.  TOR.
O :- Leave granted to register.
Copy served to other side.
Matter stands Adj for Ch/s Reply to 11/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv C. N. Gole for plff present.
Adv Hrishikesh Hartalkar for deft no. 1 present.
He tendered register NM 490/2021 @ written statement of deft no. 1. t.o.r.
Heard both parties on NM.
NM is for condonation of delay of 315 days in filing written statement on the ground that due to lock-down, he could not file written statement.
Adv for plff opposed the NM on the ground that delay is not properly explained and prayed for cost if NM is allowed.
Considering the reasons for delay in filing written statement of deft no. 1, it is allowed with no cost.  Written statement of deft no. 1 is t.o.r. and marked as Exh. 04.
Adv for plff submitted that deft no. 2 is expired.  He is directed to take steps.
Matter stands Adj for Taking Steps to 08/04/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present.
Matter stands Adj for Taking Steps to 09/06/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: Due to covid matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Due to Covid matter is adjourned.
Adjd to 07.09.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021

Date: 22-07-2021
Business: Due to Covid matter is adjourned.
Adjd to 07.09.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv C. N. Gole for plaintiff present.
He seeks time to bring legal heirs up defendant no. 2 on record. Granted.
Matter stands Adj to 13.10.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv Gole for plff present.
He tendered draft CS.  Leave to register granted.  Copy be served on LR\''s of deft no. 2.
Matter stands Adj for CS Service to 20/11/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv C. N. Gole for plff present.
He tendered register CS 1466/2021. t.o.r.
He seeks time to file affidavit of service.  Granted.
None for defts.
Matter stands Adj for Affidavit of service to 09/12/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv C. N. Gole for plff present.
None for deft.
Matter stands Adj for Affidavit of service of CS on LR\''s of deft no. 2 to 01/02/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Advocate Mr. C.N. Gole for plaintiff present.
None for defendant.
Matter is adjourned for affidavit of service of Ch/s.  to 20-04-2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2022

Date: 24-03-2022
Business: Advocate Mr. C.N. Gole for plaintiff present.
None for defendant.
Matter is adjourned for affidavit of service of Ch/s.  to 20-04-2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2022

Date: 24-03-2022
Business: Advocate Mr. C.N. Gole for plaintiff present.
None for defendant.
Matter is adjourned for affidavit of service of Ch/s.  to 20-04-2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Adv Gole for plff present.
He filed affidavit service. t.o.r.
Adv Siddharth Mehta for deft present.
He seeks time to file CS Reply.  Granted.
P. O. is busy in dictating order in NM 2149/2018 in SU 2768/2017.
Matter stands Adj for CS Reply to 14/06/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv.  C. N. Mole for plaintiff present.
Advocate for plaintiff seek time for ch/s reply. Time granted as last chance.
None for defendant.
Matter is adjd for ch/s reply 02/08/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. C. N. Gole for plaintiff present.
None for defendant.
Defendant did not filed reply to both ch/s. Hence ch/s to proceed without reply.
Matter is adjd for hearing on ch/s to 13/09/2022.
Next Purpose: HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 16/11/2022.
Next Purpose: HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 13/01/2023.
Next Purpose: HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv.  C. N. Gole for plaintiff present.
None for defendant present.
Chamber Summon no. 1466 of 2021 is taken out by plaintiff to bring LR\''s of deceased defendant no. 2 on record.  The defendant no. 2 expired on 05/10/2020. Death certificate is filed at Exh A. Present ch/s is filed on 30/10/2021. It is stated that the plaintiff was not aware regarding death of defendant no. 2. The present suit is filed for partition. The LR\''s of defendant no. 2 are necessary parties. Hence following order is passed :-
Order
1) Chamber Summon no. 1466 of 2021 is hereby allowed.
2) Plaintiff is permitted to carry out amendment in terms of schedule annexed with the ch/s. Plaintiff to carry out amendment within 14 days from today.
Matter is adjourned for compliance to 27/02/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Adv. C. N. Gole for plaintiff present.
None  for defendant present.
Heard advocate for plaintiff.
This chamber summons no. 1977 of 2019 is taken out by plaintiff to amend address of defendant no. 1. The plaintiff also want to bring on record that new alternative permanent premises is allotted to defendant no. 1. Plaintiff also intend to bring on record documents. The defendant did not filed reply. The amendment sought by plaintiff will not changed the nature of suit.  It is necessary for final decision of suit, hence  chamber summons no. 1977 of 2019 is made absolute in terms of prayer clause (a) of chamber summons. Chamber summons no. 1977 of 2019 accordingly disposed off with no order as to costs.
Nature Of Disposal: OTHER
Disposal Date: 27-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111954/2019
Filing Date: 06-11-2019
First Hearing Date: 02nd December 2019
Decision Date: 27th February 2023
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101977/2019
Shree Shyam Balkrishna Chaulkar Vs Smt. Vinaya Vilas Chaulkar And Ors
Date : 27-02-2023
Business : Adv. C. N. Gole for plaintiff present. None for defendant
present. Heard advocate for plaintiff. This chamber
summons no. 1977 of 2019 is taken out by plaintiff to
amend address of defendant no. 1. The plaintiff also want
to bring on record that new alternative permanent premises
is allotted to defendant no. 1. Plaintiff also intend to bring
on record documents. The defendant did not filed reply.
The amendment sought by plaintiff will not changed the
nature of suit. It is necessary for final decision of suit,
hence chamber summons no. 1977 of 2019 is made
absolute in terms of prayer clause (a) of chamber summons.
Chamber summons no. 1977 of 2019 accordingly disposed
off with no order as to costs.
Nature of Disposal : OTHER
Disposal Date : 27-02-2023
COURT 02 ADDL SESSIONS JUDGE
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