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CHAMBER SUMMONS

NALINI MANOJKUMAR ASARAVsSURESH DHIRAJLAL MARTHAK AND ORS

CNR MHCC0101237220193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th February 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102153/2019
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: 09-01-2020
    Business: Adv. Manish Patole for plaintiff present.
    Adv. Vaishali Sharma for defendant no. 1 to 4 present and submitted that she has received the copy of draft CS today itself. She further submitted that plaintiff has not made compliance, as per order dated 23.07.2019. The present CS is having different prayer. Hence, appropriate order may be passed.
    In view of the above, plaintiff is directed to comply within two weeks.
    Matter stands Adj for compliance to 01.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Anish Patole for plaintiff present and filed original CS no. 2153/19 along with affidavit.
    Adv. Vaishali Sharma for defendant no. 1 to 4 present and seeks time to file reply to CS. Time granted.
    Matter stands Adj for reply to CS on 04.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv. Utsav Ghosh I/b Chetan Yadav for plaintiff present.
    Adv. Vaishali Sharma for defendant no. 1 to 4 present and filed reply affidavit to CS no. 2153/19. Copy served on other side.
    Heard both sides. It is submitted Ld. counsel for defendant no.1 to 4 that Ld. counsel for plaintiff has not made compliance of the order passed by this court dated 23.07.2019 in a correct and proper way. This was pointed out to the Ld. counsel for plaintiff on the last date also, but compliance is awaited.
    In view of the above, Ld. counsel for plaintiff is directed to make the compliance of the order dated 23.07.2019 before next and supply copy of the correct amendment carried out as per orders of the court to the defendants.
    Office is directed to permit the Ld. counsel for plaintiff to inspect the record and carry out the amendment/compliance.
    Matter stands Adj for Compliance to  24.04.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: None for Plaintiff.
    Advocate Ms. Vaishali Sharma for defendant no.1 to 4 present.
    Plaintiff shall appear on next date and prosecute the Chamber Summons.
    The case is adjourned to 15.03.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Advocate Samarth Patel for plaintiff present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 01.04.2021.
    Advocate Ms.Vaishali Sharma for defendants no. 1 to 4 present.
    Copy of draft Ch/s served on advocate for defendants.
    The case is adjourned to 01.04.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None present.
    The case is adjourned to 22.04.2021 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Adjourned due to COVID 19 pandemic.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Matter called out at 04.04 p.m.
    Adv. Chetan Yadav for plaintiff present.
    Adv. for defendant absent.
    Plaintiff tendered original CHS No. 686/21. TOR.
    In order to grant opportunity of filing reply.
    Matter stands adjourned to 20.09.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2021
    
    Date: 20-08-2021
    Business: Matter called out at 04.04 p.m.
    Adv. Chetan Yadav for plaintiff present.
    Adv. for defendant absent.
    Plaintiff tendered original CHS No. 686/21. TOR.
    In order to grant opportunity of filing reply.
    Matter stands adjourned to 20.09.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2021
    
    Date: 20-08-2021
    Business: Matter called out at 04.04 p.m.
    Adv. Chetan Yadav for plaintiff present.
    Adv. for defendant absent.
    Plaintiff tendered original CHS No. 686/21. TOR.
    In order to grant opportunity of filing reply.
    Matter stands adjourned to 20.09.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: None present.
    Matter stands adjourned to 29.10.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 20-09-2021
    Business: None present.
    Matter stands adjourned to 29.10.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 20-09-2021
    Business: None present.
    Matter stands adjourned to 29.10.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Matter called out at 3.37 p.m.
    None present.
    Matter stands adjourned to 10.12.2021 for reply.
    Later on at 3.39 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma for Deft. No.1 to 4 present. She informed that
    Deft. No.1 expired.
    Plaintiff to take appropriate steps.
    Advocate for defendant seeking time. Granted.
    Already adjourned to 10.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2021
    
    Date: 29-10-2021
    Business: Matter called out at 3.37 p.m.
    None present.
    Matter stands adjourned to 10.12.2021 for reply.
    Later on at 3.39 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma for Deft. No.1 to 4 present. She informed that
    Deft. No.1 expired.
    Plaintiff to take appropriate steps.
    Advocate for defendant seeking time. Granted.
    Already adjourned to 10.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2021
    
    Date: 29-10-2021
    Business: Matter called out at 3.37 p.m.
    None present.
    Matter stands adjourned to 10.12.2021 for reply.
    Later on at 3.39 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma for Deft. No.1 to 4 present. She informed that
    Deft. No.1 expired.
    Plaintiff to take appropriate steps.
    Advocate for defendant seeking time. Granted.
    Already adjourned to 10.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Matter called out at 2.55 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. No.1 to 4 present.  She tendered reply to CS No.686/21. TOR.
    Plaintiff tendered draft CS for bringing LRs of Deft. No.1.
    O-Leave granted to register.
    Copy served to the defendant.
    Draft CS is handed over to the plaintiff for registration.
    Defendant is seeking time to file reply.
    Matter stands adjourned to 21.01.2022 for Reply and hearing of CS.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 10-12-2021
    Business: Matter called out at 2.55 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. No.1 to 4 present.  She tendered reply to CS No.686/21. TOR.
    Plaintiff tendered draft CS for bringing LRs of Deft. No.1.
    O-Leave granted to register.
    Copy served to the defendant.
    Draft CS is handed over to the plaintiff for registration.
    Defendant is seeking time to file reply.
    Matter stands adjourned to 21.01.2022 for Reply and hearing of CS.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 10-12-2021
    Business: Matter called out at 2.55 p.m.
    Adv. Samarth Patel for plaintiff present.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. No.1 to 4 present.  She tendered reply to CS No.686/21. TOR.
    Plaintiff tendered draft CS for bringing LRs of Deft. No.1.
    O-Leave granted to register.
    Copy served to the defendant.
    Draft CS is handed over to the plaintiff for registration.
    Defendant is seeking time to file reply.
    Matter stands adjourned to 21.01.2022 for Reply and hearing of CS.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Adv. Chetan Yadav for plaintiff present. He tendered reg. CS No.40/22. TOR.
    Matter stands adjourned to 03.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 21-01-2022
    Business: Adv. Chetan Yadav for plaintiff present. He tendered reg. CS No.40/22. TOR.
    Matter stands adjourned to 03.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 21-01-2022
    Business: Adv. Chetan Yadav for plaintiff present. He tendered reg. CS No.40/22. TOR.
    Matter stands adjourned to 03.03.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Court is on leave in second session. Hence, board discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Matter called out at 3.36 p.m.
    Adv. Samarth Patel I/b Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.06.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 11-04-2022
    Business: Matter called out at 3.36 p.m.
    Adv. Samarth Patel I/b Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.06.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 11-04-2022
    Business: Matter called out at 3.36 p.m.
    Adv. Samarth Patel I/b Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma I/b Harakhchand and Co. for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.06.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: None present for plaintiff.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Argument of Deft. no.1 to 4 heard on CS no.686/2021.
    Matter stands adjourned to 11.07.2022 for Argument of plaintiff
    on all CS/order.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-07-2022
    
    Date: 14-06-2022
    Business: None present for plaintiff.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Argument of Deft. no.1 to 4 heard on CS no.686/2021.
    Matter stands adjourned to 11.07.2022 for Argument of plaintiff
    on all CS/order.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-07-2022
    
    Date: 14-06-2022
    Business: None present for plaintiff.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Argument of Deft. no.1 to 4 heard on CS no.686/2021.
    Matter stands adjourned to 11.07.2022 for Argument of plaintiff
    on all CS/order.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Counsel for defendant has appeared without wearing coat which is not a proper dress code. Hence, her presence is not taken on record.
    None present for plaintiff.
    Put up for CS dismissal.
    Matter stands adjourned to 05.09.2022 for for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 05-09-2022
    
    Date: 11-07-2022
    Business: Counsel for defendant has appeared without wearing coat which is not a proper dress code. Hence, her presence is not taken on record.
    None present for plaintiff.
    Put up for CS dismissal.
    Matter stands adjourned to 05.09.2022 for for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 05-09-2022
    
    Date: 11-07-2022
    Business: Counsel for defendant has appeared without wearing coat which is not a proper dress code. Hence, her presence is not taken on record.
    None present for plaintiff.
    Put up for CS dismissal.
    Matter stands adjourned to 05.09.2022 for for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.10.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 14-10-2022
    
    Date: 05-09-2022
    Business: Adv. Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.10.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 14-10-2022
    
    Date: 05-09-2022
    Business: Adv. Chetan Yadav for plaintiff present.  He is seeking time. Time granted.
    Adv. Vaishali Sharma for Deft. no.1 to 4 present.
    Matter stands adjourned to 14.10.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Deft. no.3 in person present.
    None present for plaintiff.
    Matter stands adjourned to 19.12.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 19-12-2022
    
    Date: 14-10-2022
    Business: Deft. no.3 in person present.
    None present for plaintiff.
    Matter stands adjourned to 19.12.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 19-12-2022
    
    Date: 14-10-2022
    Business: Deft. no.3 in person present.
    None present for plaintiff.
    Matter stands adjourned to 19.12.2022 for CS dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Court is on Leave.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv. Chetan Yadav for plaintiff present.
    Adv.Vaishali Sharma  for defendant no 3 and 4  present.
    Counsel of plaintiff submitted that the original plaintiff is died and her one legal heirs Akhil Manojkumar Asara is also died. Who is applicant in CS No.686/2021. The another CS 2143/2019 is taken out for bringing LR\''S of defendant no. 2 on record and CS NO. 40/2022 is taken out for bringing LR\''S of defendant no. 1 on record. The plaintiff has added one prayer in prayer clause (b) in C.S.No 2153/19 for modification of order dated 26.04.2016 in CS.NO. 1496/14 and 1497/2015. However it is separate issue therefore plaintiff is liberty to take out separate necessary proceeding. These three CS are deserved to be allowed to the extent of to bringing LR\''S of Defendant no. 1 and 2 and the extent of applicant no. 1 in CS No 686/2021 for bringing LR\''s of plaintiff on record as the applicant no. 2 in CS is died. In the peculiar circumstance of the case, I am of the view that delay if any caused in bringing Lrs on record also deserves to be condoned.  Hence I proceed to pass following order.
    1) Chamber summons NO. 2153/2019,686/2021 and 40/2022 are allowed in following terms.
    2)   Applicant no. 1 Apurva Manojkumar Asara in CS 686/2021 is permitted to bring himself on record as a LR\''s of plaintiff.
    3) The CS 2153/2019 AND 40/2022 is allowed to the extent bringing LR\''S on defendant no. 1 and 2 on record the plaintiff is permitted to amend the plaint to that extent.
    4) Plaintiff to carry out amendment within stipulated period.
    5) C.S. NO. 2153/2019,686/2021 and 40/2022 are disposed of accordingly.
    Delay if any, in bringing LR\''S on record stands condoned.
    Nature Of Disposal: ALLOWED
    Disposal Date: 09-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112871/2019
    Filing Date: 29-11-2019
    First Hearing Date: 09th January 2020
    Decision Date: 09th February 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Feb 2023

    Order Details: Chamber summons Pdf Text: 09.02.2023 Sr. No. 49 SU 722/14 CS 40/22 CS 2153/19 CS 686/21 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03) Adv. Chetan Yadav for plaintiff present. Adv.Vaishali Sharma for defendant no 3 and 4 present. Counsel of plaintiff submitted that the original plaintiff is died and her one legal heirs Akhil Manojkumar Asara is also died. Who is applicant in CS No.686/2021. The another CS 2143/2019 is taken out for bringing LR'S…

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