SUMMARY CIVIL SUIT - SUMMARY SUIT
Mr. Bakkiyanathan N. NadarVsMr. Shatru Tamanna Kunchnikorve
CNR MHCC01000131201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 03rd December 2022
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100082/2018
- Registration Date
- 19 Jan 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 15-03-2018
Business: Adv. Mr. Kharat for plaintiff present.
Adv. Mr. Kamble for defendant present.
Adv. for plaintiff tenders original summons for Judgment no. 67/18 and original writ of summons.
Adv. for deft files reply to SJ.
Matter is adj. to 22/6/18 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: Adv. Megha Keluskar for Plaintiff present.
Adv. Ramesh Kamble for Defendant present.
Advocate for plaintiff filed Rejoinder to S/J 67/18
Matter is adjd. to 27/08/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Adv. Kharat for Plaintiff present.
Adv. Kamble for Defendant present.
With the consent of both the parties,
Matter is adjd. to 08/10/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: None for Plaintiff
Defendant present.
Adv. for Defendant absent.
Matter is adjd. to 20/11/2018 for S/J hearing.
L.O.
Adv. Ramesh Kamble for defendant present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: P.o is on Mediation Training
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-01-2019
Date: 31-01-2019
Business: Adv for plff.Mr.Kharat present
Adv for deft. Mr.Ramesh Kamble present
Heard Argument of Adv for plff. And deft.on S/J 67/18
FRSR Following order is passed
1. Conditional leave to defend the Suit is granted to the defendant on depositing amount of Rs. 32,50,000/- in the Court within four weeks of the order.
2. On depositing the aforesaid amount in the Court, the Registrar (Civil) is directed to deposit said amount in any Nationalised Bank initially for a period of one year and continued to renew the same for the like period till further orders.
3. On depositing amount of Rs.32,50,000/- as directed above, the defendant is directed to file their Written Statement within further period of 2 weeks.
4. Summons for Judgment No. 67/2018 is disposed off accordingly.
Matter is Adjd for Compliance on 12/03/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv for plff.Mr.Kharat present
Adv for deft. Mr. Ramesh Kamble present
Adv for deft stated that they have challenge the order passed on S/J
Ld. Counsel for plff. stated that there is no order of stay by Hon\''ble High court.
O-It appears order passed on S/J is not complied therefore matter to proceed without written statement of defendant
Matter is Adjd for Evidence on 24/04/2019
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Matter transferred from Cr. no.09.
Adv. S. S. Kharat Present for the Plff.
Adv. Ramesh Kamble Present for the Deft.
Deft not reported compliance of SJ no.67/2018 order dt.31/01/2019. No stay order is placed on record from High Court. For want of compliance suit is proceeded without WS against the deft by order dt.12/03/2019. Hence matter posted for evidence of Plff without WS. Ld counsel for the deft submitted that they have challenge the order in WP no.3366/2019 and pending for admission and 30/04/2019. hence sought time to bring necessary order.
PW1 Present.
Ld counsel for the plff filed chief in affidavit. t.o.r. copy supplied to Ld counsel for the Deft.
Ld counsel for the plff filed compilation of the documents. t.o.r. copy supplied to Ld counsel for the Deft.
D.sr.no.1, Certified copy of cheque bearing no.685794 dt.10/02/2015.
D.sr.no.2, Certified copy of bank memo dt.24/02/2015.
D.sr.no.3, Certified copy of legal notice dt.27/02/2015 alongwith postal receipt.
D.sr.no.4,Certified copy of the complaint no. 706 of 2015 filed before 59th M. M. Court, Kurla.
D.sr.no.5, Particulars of Claim.
Adj. for Cross-examination of PW1 on 30/07/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Next Purpose: ORDER
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv.Kharat for plaintiff present.
Adv. Ramesh Kamble for defendant present.
Both the advocates submitted that the W.P pending before Hon\''ble High court is kept for order on 03.09.2019.
Matter adjd for cross-examination to 03.10.20.19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: None Present for Plaintiff.
Adv. Mr. Ramesh Kamble for Defendant present and filed Pursis is t.o.r. and marked as Exh. 13.
He submitted copy of order in W.P 3366/19 @ Copy of receipt of deposit of Rs. 05,00,000/- (Rupees Five Lacs )
Matter adjd for further compliance of deposit to 28/11/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Court is on leave. Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Prasad Patil For plff. present
Adv. Ramesh Kambale For deft. Present.
Adv. For the deft. Filed pursis @ receipt no. 076301and deposit amount Rs.20,00,000/- on dated 23.01.2020. t.o.r. marked as Exh-6 Order- Seen and filed.
Matter is adjd to 28.02.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Patil for the plff. Present.
L.O.
Adv. Ramesh Kamble for deft. Present.
Adv. For the deft. Given draft N/M affidavit @ copy of written statement.
Matter is adjd to 14.03.2020 for N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. For plff. Absent.
Adv. Ramesh Kambale for deft. Present.
Adv. For the deft. Tendered register N/M No. 966/2020 @ affidavit in support.
Matter is adjd to 31.03.2020 for Say of N/M.
Next Purpose: FOR___________________
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Kharat for the plff. Present.
Matter is adjd to 26.02.2021 for N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: P.O. is on leave.
Matter is adjd to 21.04.2021 for N/M
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 07/07/2021 for N/M
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 18.09.2021 for NM
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Court is vacant
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Court is vacant
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv Kharat for plaintiff present.
Adv Mangle for defendant present.
Heard advocates for plaintiff and defendant.
Matter is adjd to 22.12.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present.
Matter is adjd for NM order to 11.01.2022
Next Purpose: NM ORDERS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Plaintiff and Defendant absent.
Adv. S.S. Kharat for plaintiff is present.
FRSR following order is passed
ORDER
1.The Notice of Motion no.966/2020 is allowed and made absolute in terms of prayer clause -(a) and (b) of said notice of motion.
2.The delay of 16 days in filing written statement on record is hereby condoned and the defendant is permitted to file written statement on record.
3.The Notice of Motion No.966/2020 is disposed of.
Matter is adjd for draft issues to 18.02.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv Kharat for plaintiff present.
Matter is adjd for draft issue on 26-04-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: P.O. IS ON LEAVE
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv.Mr.S.S.Kharat for plaintiff present.
Adv.Ramesh Kamble for defendant present.
Heard both the sides on point of issues.
Issues are framed (Exh-14 )
Considering the nature of claim and the defence, I find this to be fit case to refer to the mediation.
Both the Ld.Adv. Concedes for referring the matter to the mediation.
Matter refer to mediation.
Matter is adj to 03/12/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Plaintiff present.
Adv. Kharat for plaintiff present.
Defendant present.
Adv. Ramesh Kamble for defendant present.
This matter was referred to mediation. Both the Ld. Advocates submit that the matter is amicably settled in terms of consent terms placed on record and marked as Exh.15.
Both the Ld. Advocates prays for deposing of the suit in terms of consent terms Exh.15. Hence, I passed following order :-
Order
Summery Suit No.82/18 is hereby decreed in the terms of consent terms (Exh.15).
Parties to bear their own costs.
Court fees be refunded to the plaintiff as per rules.
Nature Of Disposal: DECREED
Disposal Date: 03-12-2022Additional Case Details
Additional Case Details
Filing Number: 100099/2018 Filing Date: 04-01-2018 First Hearing Date: 15th March 2018 Decision Date: 03rd December 2022 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 103 Dec 2022
03 Dec 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE Case No. :SUMMARY CIVIL SUIT/0100082/2018 Mr. Bakkiyanathan N. Nadar Vs Mr. Shatru Tamanna Kunchnikorve Date : 03122022 Business : Plaintiff present. Adv. Kharat for plaintiff present. Defendant present. Adv. Ramesh Kamble for defendant present. This matter was referred to mediation. Both the Ld. Advocates submit that the matter is amicably settled in terms of consent terms placed on record and marked as Exh.15. Both the Ld. Advocates prays for deposing of the suit in terms of consent terms Exh.15. Hence, I passed following order : Order Summery Suit No.82/18 is hereby decreed in the terms of consent terms (Exh.15). Parties to bear their own costs. Court fees be refunded to the plaintiff as per rules. Nature of Disposal : DECREED Disposal Date : 03122022 COURT 61 ASST SESSIONS JUDGE -- 1 of 1 --
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