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CHAMBER SUMMONS

Firoz Fakir KhanVsMCGM and Applicant- Gayatri Kiran Rajwal and Anr.

CNR MHCC01013407201911-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th February 2020

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102308/2019
Registration Date
20 Dec 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 03-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Pal for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for Ch/s hearing on 27.01.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Mr. Pal for plff., prayedfor adjd as adv. Mr. Pratap Singh is bed ridden.
Adv. Mr. Rajan Yadav for deft./MCGM present.
Adv. Mr. Tanvir Shaikh for applicant, raised objection for adjd .
Plff to note it is expedited as per order of the Hon\''bel High
court in W.P. 678/19.  Adjd is granted to supply copy of
reply in advance to plff, deft. and applicant positively in
this week and argue on 03.02.2020.
In default to argue on next date, court may vacate EOC.
Exh.10- Additional affidavit field by applicant, copy supplied to other side.
Earlier order, if any, to continue till next date.
Matter is adjd. for ch/s argument on 03.02.2020 at
12.30 p.m.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Mr. Pal h/f adv. Mr. Pratap Singh for plff. present.
Adv. Mr. Rajan Yadav for deft./MCGM present.
Adv. Mr. Tanvir Shaikh for applicant, submits that copy in advance was not supplied as mentioned in last roznama.
Exh.11- Reply to ch/s no. 1885/19 submitted by plff., copy supplied to applicant.
Heard arguments of adv. Mr. Tanvir Shiakh for applicant and adv. Mr. Pal for plff.on ch/s no. 2308/19.
During course of argument ld adv. Mr. Tanvir Shaikh shows that assessment at page no.35 with plaint bear hand written endorsement Three storied C.C. Chawl, however, its copy filed by applicant on page no. 64, do not bear such endorsement.
Plaintiff Firoz Khan is called in witness box, he replied that this document was given to him by landlord Mr. Ashok Naik.
Thereafter, Mr. Ashok Naik is called before the court, he shown the assessment dtd. 01.01.2020 along-with letter of BMC dtd. 09.12.2019, wherein no such hand written endorsement is there.  He is ready to produce the same along-with pursis.
Now Mr. Firoz Khan submits that page no. 35 along-with hand written endorsement was not given by him to his lawyer, therefore, he can not explain who has written in hand writing.  Accordingly, he is ready to file pursis.
Exh.12- Pursis along-with two documents submitted by original landlord Mr. Ashok Naik.  He had no lawyer, at his request, the court has provided help of adv. Mr. Ravindra Singh.
Exh.13- Adjournment application submitted by adv. Mr. Pal, requested for short adjd. to argue, as Adv. Mr. Pratap Singh will argue tomorrow on NM.  At his request matter is placed at 1.00p.m. on 04.02.2020.
Matter is kept back at 4.30 p.m. For submission of pursis.
Exh.14- Submitted by plff. at 5.20p.m. that page no.35 is the same given by me to my lawyer.  Previously at 4.00pm. he submitted  by coming in witness box that page no.35 was not given by him, he again requested to show page no. 35 and submits that same was given by him to his lawyer.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM argument on 04.02.2020 at
1.00p.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Rajan Yadav for deft./MCGM present, prayed for extension of time to register NM of contempt, for which leave was granted on 29.01.2019- Granted.
Adv. Mr. Tanvir Shaikh for applicant present.
Heard adv. Mr. Pratap Singh on ch/s and NM from 1.20 to 1.50p.m.  Heard reply of adv. Mr. Tanvir Shaikh from 1.50 to 2.00p.m.
LO
Adv. Mr. Pratap Singh for plff., tendered registered contempt motion no. 1231/19, which was registered on 11.04.2019.
There is no satisfactory explanation submitted by plff for keeping registered motion with him for 10 months.
Heard arguments of adv. Mr. Pratap Singh from 4.40 to 5.20p.m.
Ld adv. Mr. Rajan Yadav for deft/MCGM, submits that he already argued his case on 17.12.2019.
Posted for order on Ch/s and NM.
Earlier order, if any, to continue till next date.
Matter is adjd. for Order on Ch/s and NM on
13.02.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Rajan Yadav for deft./MCGM present, tendered registered contempt NM no. 568/2020.
Exh.15- List of documents filed by plff., copy supplied to MCGM.
Heard adv. Mr. Pratap Singh, in view of additional
documents vide Exh.15.
Earlier order, if any, to continue till next date.
Matter is adjd. for ch/s and NM order on 25.02.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Mr. Pratap Singh for plaintiff present.
Adv. Mr. Rajan Yadav for deft.nos.1 and 2/MCGM present.
F.R.S.R. following order is passed on Ch/s no. 2308/19.
                                    ORDER
1. Ch/s no. 2308/19 is allowed.  It is made absolute in view of prayer clause (a) and (b).
2. Plff to carry out the amendment within two weeks from the date of uploading the order.
3. Applicants be made as deft nos. 3 and 4.
4. Applicants/ deft nos. 3 and 4 are at liberty to file written statement.
5. Ch/s no. 2308/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 25-02-2020

Additional Case Details

Additional Case Details
Filing Number: 114249/2019
Filing Date: 20-12-2019
First Hearing Date: 03rd January 2020
Decision Date: 25th February 2020
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
25 Feb 2020

Order Details: Chamber summons Pdf Text: Ch/s No. 2308/19 in Suit No. 2940/18. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 2308 OF 2019 (CNR NO. MHCC01-013407-2019) IN LONG CAUSE SUIT NO. 2940 OF 2018 (CNR NO. MHCC01-014081-2018) Firoz Fakir Khan ...Plaintiff Versus The Municipal Corporation of Gr. Mumbai and others ...Defendants And Gayatri Kiran Rajwal and another ...Applicants CORAM : SHRI G.G.BHANSALI. (C.R.NO.11). DATE : 25th FEBRUARY, 2020. Mr. Pratap Singh, Advocate for Plaintiff.…

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