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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay 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: 03-12-2022

    Additional 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

    1
    Final Order 1
    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
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