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CHAMBER SUMMONS

MRS. FARIDABI KAMAL BASHA AND ANR.VsMOHAMMED RAFIQUE AND ANR.

CNR MHCC0101302220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 16th November 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102251/2019
Registration Date
12 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1MRS. FARIDABI KAMAL BASHA AND ANR.

    Respondent

    1. 1MOHAMMED RAFIQUE AND ANR.

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-12-2019
Business: Adv. Smita Jagtap for plaintiff present.
She tendered register Chamber summons 2251/19
Adv. Miss Ramadios for defendant no 2 present.
She filed reply to Chamber summons.
Copy served upon plaintiff.
Adjourned for Chamber summons hearing to 22.01.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Smita Jagtap for plaintiff present.
Adv. Rahul Thorat for defendant No. 2 present.
Adv. for plaintiff sought adjournment.
O- Granted.
Adjourned for Ch/s hearing to 4.02.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv Rizwan Shaikh for plff present.
Adv Remideus for deft present.
Matter stands Adj for CS hearing to 24/02/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv Rohini Sorte for plff present.
She seeks time for CS hearing.  Granted.
Matter stands Adj for CS hearing to 09/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv Smita Jagtap for plff present.
Adv Remedias for deft present.
Adv for plff seeks time for CS hearing.  Granted.
Matter stands Adj for CS hearing to 07/04/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 18-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv Rahul Thorat present.
Matter stands Adj for CS Hearing to 17/02/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv Smita Jagtap for plff present.
Adv Remedius for deft present.
Both parties seeks time for CS hearing. Granted.
Matter stands Adj for CS Hearing to 15/03/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv Smita Jagtap for plff present.
She filed written arguments on CS 2251/2019. t.o.r. Copy served to other side.
Adv Thorat for deft present.
PO is busy in dictating Judgement in SU 3371/2011.
Hence, matter stands Adj for CS Hearing to 19/04/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-07-2021

Date: 19-04-2021
Business: Due to covid matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None for plff.
Adv Rahul Thorat for deft no. 2 present.
Matter stands Adj for CS Hearing to 06/10/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None for plff.
Adv Omkar Sawant for deft no. 2 present.
Matter stands Adj for CS Hearing to 16/11/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv S. F. Sothe for plff present.
Adv Rahul Thorat for deft no. 2 present.
Heard Adv for the plff and deft no. 2.
It is the contention of the plff that the suit premises belongs to the MCGM and transfer in the name of deft no. 2 during the pendency of the suit.  CS is for impleading the MCGM as deft.  Suit is for partition.  Suit premises is not in possession of deft no. 1 or the plffs.  Hence CS is not legally sustainable.  Accordingly Chamber Summons 2251/2019 is dismissed.
Adv for plff is directed to serve copy of Exh. 02 and 03 to defts.
Nature Of Disposal: DISMISSED
Disposal Date: 16-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113789/2019
Filing Date: 12-12-2019
First Hearing Date: 17th December 2019
Decision Date: 16th November 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Nov 2021
    Order Details: Chamber summons
Pdf Text: 16.11.2021
37
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1939/2013
@ CS 2251/19
Adv S. F. Sothe for plff present.
Adv Rahul Thorat for deft no. 2 present.
Heard Adv for the plff and deft no. 2.
It is the contention of the plff that the suit premises belongs
to the MCGM and transfer in the name of deft no. 2 during
the pendency of the suit. CS is for impleading the MCGM as
deft. Suit is for partition. Suit premises is not in possession
of deft no. 1 or the plffs. Hence CS is not legally sustainable.
Accordingly Chamber Summons 2251/2019 is dismissed.
Adv for plff is directed to serve copy of Exh. 02 and 03 to
defts.
Matter stands Adj for Affidavit of Service of Exh. 02 and
03 on defts to 10/01/2022.
Judge
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