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CHAMBER SUMMONS

RASHIDA YUSUF BUTLERVsSAJIDA HASAN MIRZA AND ORS

CNR MHCC01012361201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 07th October 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102149/2019
Registration Date
29 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Sapna Nath plaintiff present.
    Adv. Aditi Dave for defendant No. 2, 3 and 6 present.
    Ld counsel for the Plff filed registered CS No 2149/19 alongwith affidavit. t.o.r.
    On the request of Ld. Advocate for deft matter is adjourned for CS reply.
    Matter adjd for CS reply on 11/02/2020 at 02.45 pm.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: H.H.J. is on leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for CS reply to 13-07-2020 at 2.45 pm.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present.
    Today matter is for CS reply.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for CS reply to 27-01-2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Nobody present.
    Adjd for Ch/s reply to 16/03/2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Sapna Nath I/b  S. P. Kanuja for plaintiff/ Applicant present.
    The deft failed to file reply to the CS pending since 2019 . Deft is directed to file reply on next date failing which CS will be heard and decided without reply.
    Matter adj to 23/04/2021 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: None present for Plaintiff.
    Ch/s. 771/19	Adv. Mr. Abhijeet Gondwal for Defendant present.
    	Matter adj. to 13/10/2021 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Court is Vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: COURT IS VACANT
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: PO IS ON TRAINING
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv Abjijit Gandwal for applicant present
    None for plff
    None for Defendant
    Adv for applicant plff submits that adv on record is not keeping well.
    Matter is adjd on 27.07.2022 for Ch/s Argument
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv.Nath  for applicant  is present.
    Matter is adjd for C/S hearing to 18/08/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: None for plff
    None for defendant
    Matter is adjd on 21.09.2022 for C/s Hrg
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plff
    Defendant No.1 present
    Adv for defendant absent
    Matter is adjd on 07.10.2022 for C/s Hrg
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Adv S.P.Kanuga for plff  present
    None for defendant
    Defendants have not filed reply.
    Heard adv for plaintiff.  Perused ch/s  and supporting affidavit.  Record shows that on 19.10.2019 it was submitted before the court that defendant No.6 is no more and thereafter, on 22.11.2019 plaintiff tendered the present draft NM.   It is averred that defendant NO.6 has expired on 27.08.2019.  The communications between the advs appearing for the parties are produced a/w supporting affidavit.  Defendants have not contested.  The ch/s is taken out within limitation.  Therefore, following order is passed in chamber summons
    Order
    1.  Chamber Summons No. 2149 of 2019 is made absolute in terms of prayer clause (a).
    2.  Plaintiff to carry out amendment in the plaint within 14 days and shall submit copy of amended plaint on record.
    3.  After submissions on amended copy of plaint writ of summons be issued to LRs of deceased defendant No.6
    4.  Chamber Summons No. 2149 of 2019 is disposed off.
    Matter is adjd on 05.12.2022 for Compliance
    Nature Of Disposal: ALLOWED
    Disposal Date: 07-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113022/2019
    Filing Date: 29-11-2019
    First Hearing Date: 06th December 2019
    Decision Date: 07th October 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Oct 2022

    Order Details: Chamber summons Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0102149/2019 RASHIDA YUSUF BUTLER Vs SAJIDA HASAN MIRZA AND ORS Date : 07-10-2022 Business : Adv S.P.Kanuga for plff present None for defendant Defendants have not filed reply. Heard adv for plaintiff. Perused ch/s and supporting affidavit. Record shows that on 19.10.2019 it was submitted before the court that defendant No.6 is no more and thereafter, on 22.11.2019 plaintiff tendered…

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