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CHAMBER SUMMONS

Mohd Akhtar Mohd. Umer QureshiVsIdris Abdul Majid Qureshi and Ors.

CNR MHCC0101274620191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st March 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102198/2019
Registration Date
06 Dec 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: 02-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Due to Covid-19, the matter is adjourned
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Kaustubh Patil for plaintiff present.  Plaintiff present.
    None for deft.
    Ld. counsel for plaintiff undertakes to serve the Ch/sum no.2198/19 to the respondents and file the affidavit of service.
    The matter is adjd for service of Ch/sum to 09.03.2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Panchal for plaintiff present.
    None for deft.
    Affidavit of service tendered by counsel for plaintiff. T.O.R.
    It appears that it is not good service to respondents.  Plaintiff to serve the Ch/sum no.2198/19 to the respondents.
    The matter is adjd for service to 22.04.2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 15.09.2021.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: None present.
    Matter adjd for Ch/S service on 04.01.2022.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  “40hrs Mediation Training Programme”, as a Trainer at JOTI, Nagpur,
    Matter is Adjd to 21/03/2022
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv. Aditya Khare pltff present.
    Adv. Lanjekar for all respondents in CS No. 2198/19 present and filed four VP . TOR.  Marked as Exh. 5 to 8.
    Adv for respondent filed reply to CS No. 2198/19.  TOR.  Copy served to other side.
    Heard both the advocates.
    Order below CS No. 2198/19-
    Perused the CS which is supported by an affidavit of pltff Mohd. Akhtar.  Also perused the reply on affidavit by the respondents. Heard ld advocates of both the sides.  It is not disputed that deft no. 1 has expired.  Deft in reply has filed copy of death certificate issued by UP Government which shows that deft no. 1 has expired on 04/06/2017.  Considering the nature of the suit it is necessary to bring the legal heirs on record.  Justified reasons are mentioned in affidavit in support of CS as the pltff were not aware of the death of the deft no. 1.  It also shows that after having the knowledge immediately the CS has taken out.  Hence in the interest of justice I pass the following order.
    ORDER
    1. CS No. 2198/19 is allowed and made absolute in terms of prayer clause (a) to (c).
    2. Pltff to carry out the amendment within 3 weeks and shall supply the copy of amended plaint to the defendants within 5 weeks thereafter.
    3.  Accordingly CS No. 2198/19 stands disposed of.
    Matter is adjd to 06/07/2022 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112767/2019
    Filing Date: 06-12-2019
    First Hearing Date: 02nd January 2020
    Decision Date: 21st March 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Mar 2022

    Order Details: Chamber summons Pdf Text: 27 21.03.2022 SU 3016/14 CS 2198/19 Exh. 5 to 8. CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1) Adv. Aditya Khare pltff present. Adv. Lanjekar for all respondents in CS No. 2198/19 present and filed four VP . TOR. Marked as Exh. 5 to 8. Adv for respondent filed reply to CS No. 2198/19. TOR. Copy served to other side. Heard both the advocates. Order below CS No. 2198/19 Perused the…

    Read Full Order

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