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CHAMBER SUMMONS

Rupchand Rajmalji Jain (Sancheti)-plff Smt. Pushpa Rupchand Jain and ors- ApplicantVsJayatilal Kalyanji Gada and ors

CNR MHCC0101289420194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 23rd August 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102206/2019
Registration Date
09 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: 28-01-2020
    Business: Matter is called out at 3.25 p.m.
    Adv. Rajesh Patil for plaintiff present.
    Adv. Mahesh Tiwari for defendant no. 5 present.
    Adv. Mr. Akshay R. Pai for defendant no. 2 present.
    None present for the plaintiff.
    Matter is adj to 16.04.2020 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Adjd to 05.02.2021 for  taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    Adv. Ramchandran Narayanan for def. no. 1 to 4 present.
    Adv. Rahul Tiwari for defendant no. 6 present.
    On oral request of Ld. Adv. for def. no. 6 matter is adjourned.
    Adjd to 22.03.2021 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Court is on leave, hence board is discharges.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Main suit No. 3040/18 is already adjd to 27/07/2021. Hence Notice of motion No. 4779/18 and chamber summons No. 2206/19 are adjd to 27/07/2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for Ch/s reply to 23/08/2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Adv. Rajesh Patil for plaintiff present.
    Adv. Ramchandran for defendant No. 1 to 4 present and stated that has no objection to allow the chamber summons.
    ORDER below Chamber summons No. 2206/19
    The chamber summons is filed to bring legal heirs of deceased plaintiff expired on 03.09.2019. The chamber summons is supported by affidavit of Dinesh Rupchand Jain. The xerox copy of death certificate is annexed to the Affidavit in support of chamber summons the plaintiff expired on 03.09.2019.
    The chamber summons is filed on 02.12.2019. Therefore the chamber summons to bring legal heirs on record is within limitation. The deponent in affidavit on oath stated that applicant No. 1 to 4 are the only legal heirs of deceased plaintiff. The deceased plaintiff filed the suit for declaration and injunction. In the plaint it is stated that the deceased plaintiff was bonafide purchaser of suit flat. The legal heirs of plaintiff desires to proceed with the suit hence considering the facts and reliefs sought they are required to be impleaded in the suit. Hence pass following order
                             ORDER
    1. The chamber summons is allowed.
    2. The prayer (a) of chamber summons is made absolute.
    3. Plaintiff to carryout necessary amendment within limitation.
    4. Accordingly, Chamber summons is disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113516/2019
    Filing Date: 09-12-2019
    First Hearing Date: 28th January 2020
    Decision Date: 23rd August 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Aug 2021

    Order Details: Chamber summons Pdf Text: Daily Status IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0102206/2019 Rupchand Rajmalji Jain (Sancheti)-plff Smt. Pushpa Rupchand Jain and ors- Applicant Vs Jayatilal Kalyanji Gada and ors Date : 23-08-2021 Business : Adv. Rajesh Patil for plaintiff present. Adv. Ramchandran for defendant No. 1 to 4 present and stated that has no objection to allow the chamber summons. ORDER below Chamber summons No. 2206/19 The chamber summons is filed…

    Read Full Order

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