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CHAMBER SUMMONS

Kutbuddin Ebrahim GolwalaVsSaifuddin Ebrahim Golwala +3 more

CNR MHCC01013218201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 13th April 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102278/2019
Registration Date
17 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-01-2020
    Business: Advocate Ms. Sapna Nath for Plaintiff present and filed registered Chamber Summons no.2278/2019 with affidavit in support, t.o.r.
    Defendant no.2 with advocate Mr. Ramesh Kamble for Defendant nos.2 to 4 present and sought time to file Chamber Summons reply.  Considering submissions adjourned.
    Case is adjourned to 26/03/2020 for Chamber Summons for reply/hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 26-03-2020
    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
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 18-04-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 10/03/2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv Mr. Kanuga for plff the applicants/ proposed legal heirs of the plff present and filed V.P. at Exh.8 on behalf of applicants.
    He also filed draft Ch/s along with affidavit in support for impleding the applicants as HLRs of deceased plff. O- Leave to register is granted with direction to serve the defts.
    Matter is adjd. for  Ch/s reply and hearing to 21.04.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-06-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: Adv. Smt. Sapna Nath i/b. S. P. Kanuga for applicants/proposed HLRs of deceased plaintiff and filed registered Chamber Summons No.570 of 2021 alongwith affidavit in support.
    None appeared for the defendant.
    Adjourned for filing affidavit of service of Chamber Summons and reply of defendant to Chamber Summons to 08/09/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv Ms. S.N. Nath h/f Adv S.P. Kanuga present for plff. and seeks time to file affidavit of service of Ch/s
    None present for deft.
    Matter is adjd. for affidavit of service to 25.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2022
    
    Date: 13-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv Sapna Nath present for plff.
    Deft No.2 present in person and seeks time to file reply to Ch/s No.570/2021.
    Adv for HLRs of deceased plff submitted that despite granting time to file reply to Ch/s No.2278/2019, reply is not filed till date.
    It is the matter of record that Ch/s No.570/2021 is taken out for bringing on record HLRs of deceased plff. Unless and until said ch/s is decided, it is not possible to proceed with the earlier Ch/s. Adv for plff seeks time to file affidavit of service of Ch/s No.570/2021 in respect of other defendants than deft No.2.
    Matter is adjd. for affidavit of service to 24.06.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Court on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: None present for plaintiff.
    Adv. for proposed opponent No.1(a) to 1(c) present. He undertakes to file vakalatnama on next date. Undertaking accepted.
    Adv.P.G.Gundwar h/f.Adv.S.P.Kanuga for applicants present. He filed service affidavit in ch/s.No.570/21 t.o.r. and marked as Exh.8.
    Matter adjd to 22.09.2022 for reply in ch/s.
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Deft.1A to 1C absent.
    Adv.Ms.Nath for applicant present.
    KB
    LO at 04.35 pm
    Adv.Ms.Nath for applicant present. She filed affidavit of service in ch/s. No.2278/19.
    KB for order.
    LO at 06.00 pm
    As Court is busy in urgent interim injunction NM No.1266/22 in SU 941/22 hence, adjourned.
    Matter adjd to 19.11.2022 for Ch/s. order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None present for plaintiff.
    Adv.Sapna Nath for applicant in Ch/s. No.2278/19 and Ch/s. No.570/21 present.
    KB
    LO at 05.10 pm
    ORDER IN  CHAMBER SUMMONS NO.570/2021
    Read affidavit in support of chamber summons. Copy of death certificate shows that the plaintiff Kutubuddin Golwala has expired on 04.02.2021. The applicants are his legal heirs. The suit is for mandatory injunction. The deceased plaintiff\''s legal heirs are required to be taken on record, hence, I passed following order.
    ORDER
    1. Chamber Summons No.570/2021 is allowed in terms of prayer clause (a) and (b).
    2. Applicants are allowed to carry out amendment within 14 days as per the Schedule-A attached to the chamber summons.
    3.  Chamber Summons No.570/2021 is disposed of accordingly.
    Matter adjd to 30.01.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv.Sapna Nag h/f.Adv.S.P. Kanuga for plaintiff present.
    None present for defendant.
    Heard Adv.for plaintiff in Ch/s.2278/19.
    KB
    LO at 06.05 pm
    As Court is busy in dictating judgment in SU 534/16, hence, adjourned to 21.03.2023 for Ch/s. order.
    Next Purpose: ORDER
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: None present for both sides.
    KB
    LO at 05.10 pm
    None present for both sides.
    As Court is busy in hearing in NM 2539/19, hence, adjourned.
    Matter adjd to 13.04.2023 for ch/s. order.
    Next Purpose: ORDER
    Next Hearing Date: 13-04-2023
    
    Date: 21-03-2023
    Business: None present for both sides.
    KB
    LO at 05.10 pm
    None present for both sides.
    As Court is busy in hearing in NM 2539/19, hence, adjourned.
    Matter adjd to 13.04.2023 for ch/s. order.
    Next Purpose: ORDER
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Adv.Chandrashekhar Yadav h/f.Adv.S. P. Kanuga for plaintiff present.
    None present for defendant.
    KB
    LO at 05.40 pm
    ORDER IN CHAMBER SUMMONS NO.2278/2019
    Heard the plaintiff. No submissions of the defendants. Read the chamber summons. The defendant No.1 has expired on 02.10.2019. Copy of death certificate is attached at Exh.A. Plaintiff wants to take the legal heirs of deceased defendant No.1 on record. The chamber summons needs to be allowed, hence, I pass the following order.
    ORDER
    1. Chamber Summons No.2278/2019 is allowed.
    2. The plaintiff is allowed to carry out the amendment as proposed in the schedule attached to the chamber summons.
    3. Chamber Summons is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113950/2019
    Filing Date: 17-12-2019
    First Hearing Date: 14th January 2020
    Decision Date: 13th April 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Apr 2023
    Order Details: Chamber summons
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :CHAMBER SUMMONS/0102278/2019
    Kutbuddin Ebrahim Golwala Vs 1.Saifuddin Ebrahim Golwala 2.Ramkant Devrukhkar
    3.Sangita R. Devrukhkar 4.Sunita R.Devrukhkar
    Date : 13-04-2023
    Business : Adv.Chandrashekhar Yadav h/f.Adv.S. P. Kanuga for plaintiff
    present.
    None present for defendant.
    KB
    LO at 05.40 pm
    ORDER IN CHAMBER SUMMONS NO.2278/2019
    Heard the plaintiff. No submissions of the defendants. Read the
    chamber summons. The defendant No.1 has expired on
    02.10.2019. Copy of death certificate is attached at Exh.A.
    Plaintiff wants to take the legal heirs of deceased defendant
    No.1 on record. The chamber summons needs to be allowed,
    hence, I pass the following order.
    ORDER
    1. Chamber Summons No.2278/2019 is allowed.
    2. The plaintiff is allowed to carry out the amendment as
    proposed in the schedule attached to the chamber summons.
    3. Chamber Summons is disposed of accordingly.
    Judge
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