CHAMBER SUMMONS
Akbarally Alimohammed PorbunderwalaVsRaziya Abdul Karim Hussain Saheb - deceased - 1a. Arif Abdul Karim And Ors
CNR MHCC01013043201865-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 02nd December 2024
TrustJury record updated 15 Sept 2026
Case Overview
- Registration Number
- 101881/2018
- Registration Date
- 12 Oct 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 15-10-2018
Business: Adv Puranik for Plaintiff present. He tendered register Ch/S No. 1881/2018. TOR.
Adv Nakashe for Defendant no. 1 to 1( j ) present and tender reply to Ch/S. No.1881/2018. TOR.
Adv Lambate for Defendant no. 2 and 3 present.
The court is busy in dictating Judgment in Suit No.8845/00. Hence board is discharged.
Matter is adjd. to 14.11.2018 for filing reply by Deft. no. 2 and 4 on Ch/S. no. 1881/18.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Business: Matter is adjd. to 17.1.19 for Chs. Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-01-2019
Date: 17-01-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Resumed.
Adv. Mr. Puranik for plaintiff, Adv. Mr. Nakashe for defendant no.1 to 1(j) Adv. Mr. Ganesh Lambade for defendant no. 2 and 3.
Adv. Puranik seeks time on the ground that the plaintiff is expired and time be granted for bringing his L.R. on record. Time is granted subject to statutory limitation
Adjd for CH/s hearing to 06.06.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 12-07-2019
Date: 06-06-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Next Purpose: C/S HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: None present for Plaintiff.
Advocate for Defendant no.1 to 10 present and submitted that Chamber Summons taken out by applicants I.e LRs of original Plaintiff is not served upon Defendants and event registered Chamber Summons is not tendered in the court. This is the suit pending for last 13 years and it is made clear that, if on next date, applicant will not tendered registered Chamber Summons to the Court, court will be compelled to dismiss the suit in default for want of steps.
Applicants are directed to serve copy of Chamber Summons upon Defendants and to file affidavit of service of Chs.
Case is adjourned to 16/11/2019 for tendered registered Chamber Summons, affidavit of service of Chamber Summons and dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Court is on leave.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Advocate Mr. Remedis for Plaintiff present
Advocate Mr. Nakashe for Defendant no.1(a) to 1(J) present
Advocate Mr. Ganesh Lambate for Defendant no.2 and 3 present
Plaintiff\''s advocate submitted that Chamber Summons no.1239/19 is taken out for bridging on record, LRs of original deceased Plaintiff. Advocate for Defendant no.1(a) to 1(J) and advocate for Defendant nos.2 and 3 submitted that Defendants are not going to file reply to the Chamber Summons. However, advocate for Defendant nos.2 and 3 pointed out that there is only 7 days delay in taking out Chamber Summons and it may be condoned to meet the ends of justice. Considering submissions, I proceed to pass following order-
ORDER
1. Chamber Summons no.1239 of 2019 is made absolute in terms of prayer clause (a) to (e).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is further directed to serve the copies of amended plaint upon Defendants and to file typed copy of amended plaint for the record of the court.
Adv. for Defendant nos.2 and 3 submitted that on next date he will file reply to Chamber Summons no.1881/18. Advocate for Defendant nos.1(a) to 1(J) submitted that reply on behalf of those Defendants to said Chamber Summons is already filed.
Case is adjourned to 23/03/2020 for compliance/Ch/s reply by Defendant no.2 and 3.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 23-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 18/02/2021 for compliance and reply to Ch/s No. 1881/18.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Mr.Aditya Mody for plff present and submitted that the legal heir of deceased plff who has taken out Ch/s No.1881/2018 has also expired recently. He seeks time take steps.
Adv Mr. Nagvadariya for deft-3 present.
On request of advocate for plff, matter is adjd. for steps to 29.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: None present for plff.
Adv Ms. Srusthi Thorat h/f Adv Mr. Gidwani for deft No.3 present and submitted that original plff has expired and the legal heir of original plff who took out Ch/s has also expired.
As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for taking steps to 08.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2021
Date: 08-09-2021
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv Mr. Omkar Sawant present for plff.
Adv Ms. Srishti Thorat present for deft.No.3.
Advocates for both the parties present and mentioned the matter in the morning session.
Adv for the plff seeks adjournment for taking steps for bringing on record HLRs of the deceased applicant who has taken out Ch/s for bringing himself on record as HLR of plff.
Adv. for deft No.3 has no objection.
By consent, matter is adjd. for steps to 17.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv Ms. Ramadies h/f Adv Mr. Thorat present for plff. and seeks adjournment by submitting that plff intends to settle the matter.
Adv Mr. Srushti Thorat present for deft. No.3
By consent, matter is adjd. at same stage till next date.
Matter is adjd. to 20.12.2021 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2022
Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022 dtd. 06/02/2022, holiday declared hence, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022 dtd. 06/02/2022, holiday declared hence, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv Ms. Ramedious present for plff. and seeks adjournment by submitting that her clients are trying for settlement.
Adv Ms. Thorat present for deft.No.3.
Matter is adjd. for settlement to 25.04.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv Mr. Omkar Sawant present for plff.
Adv Srushti Thorat present for deft.No.3.
Adv for plff seeks adjournment. Adjournment as a last chance is granted.
Matter is adjd. for settlement / Ch.s hearing to 22.06.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv.Omkar Sawant for plaintiff present.
Adv.Shrushti Thorat for defendant No.3 present.
Ld.Adv.for the deft.No.3 submits that no settlement talks are in progress. Ld.Adv.for the plaintiff submits that the plaintiff wants to settle the suit. No progress seen in the suit. Plaintiff to take steps in respect of chamber summons.
Matter adjd to 22.08.2022 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv.Anjali Mishra for plaintiff present.
Adv.Gauri Deshpande i/b.Adv.Prem Gidwani for defendant Nos.1 to 3 present.
Plaintiff submits that settlement is not possible, hence, adjourned for hearing of chamber summons on 18.10.2022.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv.Omkar Sawant for plaintiff present.
Adv.Gauri Deshpande a/w.Adv.Gidwani for defendant No.3 present.
Adv.Gidwani submits that settlement talks are in progress.
Case is referred to lok-adalat.
Matter adjd to 12.11.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Both parties are absent.
Matter is adjourned to 21-12-2022
Not settled.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: HEARING
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Plaintiff present.
Adv.Thorat for plaintiff present.
None present for defendants.
Chamber summons is for hearing.
Matter adjd to 13.03.2023 for hearing of ch/s.
Next Purpose: HEARING
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv.Anjali Mishra for plaintiff present.
Adv.Gauri Deshpande for defendant present.
At the request of the plaintiff matter adj. to 25.04.2023 for settlement/ch/s. hearing.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: Adv. Anjali Mishra for plaintiff present.
None present for defendant.
Advocate for the plaintiff submitted that one of the plaintiff has expired and settlement talks are in progress.
Matter adjd to 18.07.2023 for steps/Chs. hearing/Settlement.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Adv. Shruti Chavan h/f Adv. R. D. Thorat for plaintiff present.
Adv. Siddharth Khedekar for defendants no. 1a to 1k present and filed vakalatnma defts. no. 1a to 1k t.o.r. marked as Exh.100
He also filed application for return of document t.o.r. marked as Exh.101
Matter is adjd.to 11-09-2023 for Order on Exh. 101.
Next Purpose: ORDER
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Anjali Mishra for plaintiff present.
Adv. Siddharth Khedekar for defendants no. 1(a) to 1(k) present.
Matter is adjd.to 15-09-2023 for Order on application
Next Purpose: ORDER
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv. Shruti Chavan h/f Adv. R. D. Thorat for plaintiff present.
Adv. Siddharth Khedekar for defendants no. 1a to 1k present.
Adv. Gauri Deshpande for defendants no. 2 and 3 present.
Matter is adjd.to 16-10-2023 for order on Exh. 101.
Next Purpose: ORDER
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present.
Adv. Siddharth Khedekar for defendants no. 1a to 1k present and filed pursis/reply to Exh. 101 t.o.r. marked as Exh.102
Adv. Gauri Deshpande for defendants no. 2 and 3 present.
Order on Exh. 101
By this application the defendant no. 1a to 1k would seek return of documents which they have produce vide list of document Exh. 93 at serial no. 1 and 2, since they require those documents for being shown the revenue authorities. Since the defendants no. 1a to 1k are yet to adduce their oral evidence and to prove the document which they have relied upon in the list of document Exh. 93 and they are in the need of documents at serial no. 2 and 3 from the said list of document Exh. 93, I see no justification to refuse their prayer for return of the said documents . Hence, I allowed the application Exh. 101 with following order,
Order
1.The Application stand allowed.
2. The defendants no. 1a to 1k be refund the document at serial no. 2 and 3 i.e. the conveyance deed dtd. 07-09-1983 and power of attorney dtd. 20-09-1985 on their producing on record self attested true copy of the said documents and also their acknowledging the return of the said original documents at serial no. 2 and 3.
Matter is adjd.to 03-11-2023 for steps and C/S Hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present and prayed for adjournment.
Adv. Siddharth Khedekar for defendants no. 1(a) to 1(k) present.
Adv. Gauri Deshpande for defendants no. 2 and 3 present.
Matter is adjourned to 06-12-2023 for C/S Hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Ms. Shruti Chavan for plaintiff present.
Adv Gauri Deshpande for defendant nos. 2 and 3 present.
Matter is adjourned to 22.01.2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-01-2024
Date: 06-12-2023
Business: Adv. Ms. Shruti Chavan for plaintiff present.
Adv Gauri Deshpande for defendant nos. 2 and 3 present.
Matter is adjourned to 22.01.2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Adv. Sinead Remedzos h/f. Adv. R.D. Thorat for Plaintiff present.
Adv. Gauri Deshpande for defendants No.2 and 3 present.
Matter stands adjourned on 06.03.2024 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 06-03-2024
Date: 22-01-2024
Business: Adv. Sinead Remedzos h/f. Adv. R.D. Thorat for Plaintiff present.
Adv. Gauri Deshpande for defendants No.2 and 3 present.
Matter stands adjourned on 06.03.2024 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: Advocate Jitendra Patel h/f. Advocate R.D. Thorat for Plaintiff present.
Advocate Gauri Deshpande for defendants No.2 and 3 absent.
Matter stands adjourned on 24.06.2024 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-06-2024
Date: 06-03-2024
Business: Advocate Jitendra Patel h/f. Advocate R.D. Thorat for Plaintiff present.
Advocate Gauri Deshpande for defendants No.2 and 3 absent.
Matter stands adjourned on 24.06.2024 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv. Jitendra Patel i/b Adv. R.D. thorat for plaintiff present.
None for defendant present.
Learned Adv. Plaintiff submitted their client is not touch and they you want to withdraw Vakalatnama by the notice to the plaintiff.
Matter stands adjourned on 02/09/2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2024
Date: 24-06-2024
Business: Adv. Jitendra Patel i/b Adv. R.D. thorat for plaintiff present.
None for defendant present.
Learned Adv. Plaintiff submitted their client is not touch and they you want to withdraw Vakalatnama by the notice to the plaintiff.
Matter stands adjourned on 02/09/2024 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: P. O. is on Medical Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2024
Date: 02-09-2024
Business: P. O. is on Medical Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: Adv Ms. Remedios for plaintiff present and seeks time for taking steps as one of the plaintiff has expired.
None for defendant present.
Matter stands adjourned on 13.11.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 15-10-2024
Business: Adv Ms. Remedios for plaintiff present and seeks time for taking steps as one of the plaintiff has expired.
None for defendant present.
Matter stands adjourned on 13.11.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Adv. S. Remediees h/f. Adv. R. D. Thorat for plaintiff present and submits that one of the plaintiff has expired. Time be granted for taking steps. O. - Time granted.
None for defendant present.
Matter adjourned for taking steps.
Matter stands adjourned on 02.12.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2024
Date: 13-11-2024
Business: Adv. S. Remediees h/f. Adv. R. D. Thorat for plaintiff present and submits that one of the plaintiff has expired. Time be granted for taking steps. O. - Time granted.
None for defendant present.
Matter adjourned for taking steps.
Matter stands adjourned on 02.12.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present.
None for defendant present.
Keep Back.
Later on.
Adv. Jitendra Patel h/f Adv. R. D. Thorat for plaintiff present and submitted that he wants to withdraw the Chamber Summons No.1881/2018 as it is infructuous Hence, Chamber Summons No.1881/2018 is disposed of as withdrawn and for want of prosecution. Proceeding of Chamber Summons No. 1881/2018 in Suit No.3525/2004 is closed. Parties to take note.
None for defendant present.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-12-2024Additional Case Details
Additional Case Details
Filing Number: 113936/2018 Filing Date: 12-10-2018 First Hearing Date: 15th October 2018 Decision Date: 02nd December 2024 Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE
Orders
2Final Order 102 Dec 2024
02 Dec 2024
Order Details: Other
Order 102 Dec 2024
02 Dec 2024
Order Details: Other
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