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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Mr. Krishan I. GoenkaVsRajesh Mondal +3 more

CNR MHCC01000583201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th September 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100011/2018
Registration Date
12 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-04-2018
    Business: Adv. Sawant Present for the Plff.
    None Present for the Deft.
    Adv. for the Plff filed Service affidavit. t.o.r. Ld counsel for plff to clarify about the service affidavit.
    As per service affidavit on 09/08/2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: P.O is on Leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: None present
    Matter is Adjd for Affidavit of Service on 19/06/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2019
    
    Date: 12-03-2019
    Business: None present
    Matter is Adjd for Affidavit of Service on 19/06/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: None present.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    As per the service affidavit service is not properly executed to the defendant. Plaintiff failed to take steps.
    Matter adjd to 16.08.2019 for taken steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-08-2019
    
    Date: 19-06-2019
    Business: None present.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    As per the service affidavit service is not properly executed to the defendant. Plaintiff failed to take steps.
    Matter adjd to 16.08.2019 for taken steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: P.O. is on Training, Board is discharged
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-10-2019
    
    Date: 16-08-2019
    Business: P.O. is on Training, Board is discharged
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv.Jyoti Sahu for plaintiff present, she seeks time for taking steps against defendant. O-granted.
    Adv. for defendant present.
    Matter adj for Steps to 23.11.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2019
    
    Date: 16-10-2019
    Business: Adv.Jyoti Sahu for plaintiff present, she seeks time for taking steps against defendant. O-granted.
    Adv. for defendant present.
    Matter adj for Steps to 23.11.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Adv. Vikas Elgulwar for plaintiff present.
    Adv. for defendant absent.
    Matter adj finally for Steps to 17/02/2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-02-2020
    
    Date: 23-11-2019
    Business: Adv. Vikas Elgulwar for plaintiff present.
    Adv. for defendant absent.
    Matter adj finally for Steps to 17/02/2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Both parties are absent.
    Matter adjourned for steps to 26.03.2020 at 11.00 am.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-04-2020
    
    Date: 07-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-05-2020
    
    Date: 18-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-05-2020
    
    Date: 08-05-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-09-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2020
    
    Date: 22-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 18/01/2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2021
    
    Date: 04-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 18/01/2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Court is on Leave.
    Matter is adjd to 22.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2021
    
    Date: 18-01-2021
    Business: Court is on Leave.
    Matter is adjd to 22.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 16.06.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2021
    
    Date: 22-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 16.06.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19 Pandemic Lockdown.
    Both the parties and their advocates are absent.
    Matter is adjd to 23.08.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19 Pandemic Lockdown.
    Both the parties and their advocates are absent.
    Matter is adjd to 23.08.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Court is Vacant.
    Matter is adjd to 20.10.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2021
    
    Date: 23-08-2021
    Business: Court is Vacant.
    Matter is adjd to 20.10.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-12-2021
    
    Date: 20-10-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: None present.
    Matter is adjd to 17.01.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: None present.
    Matter is adjd for taking steps to 11.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-03-2022
    
    Date: 17-01-2022
    Business: None present.
    Matter is adjd for taking steps to 11.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2022
    
    Date: 11-03-2022
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Court busy in recording evidence in Session Case No. 463/2019 and Session Case No. 1172/2019, therefore matter adjourned to
    10-08-2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 15-06-2022
    Business: Court busy in recording evidence in Session Case No. 463/2019 and Session Case No. 1172/2019, therefore matter adjourned to
    10-08-2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: PO IS ON LEAVE
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    Though the SJ is filed in the year-2018, record reveals that plaintiff till date could not serve copy of SJ on all the defendants.  So also, plaintiff has not tendered registered SJ on record.  Plaintiff to comply at earliest.
    Matter adjourned to 02.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 26-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    Though the SJ is filed in the year-2018, record reveals that plaintiff till date could not serve copy of SJ on all the defendants.  So also, plaintiff has not tendered registered SJ on record.  Plaintiff to comply at earliest.
    Matter adjourned to 02.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: None for plaintiff.
    None for defendant.
    In spite of the specific order dated 26/08/2022, plaintiff neither filed the service affidavit of SJ nor tendered registered SJ on record.
    It appears that plaintiff is not serious enough to proceed with the matter.  Hence,  matter is adj to 17/12/2022 for dismissal SJ.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 02-11-2022
    Business: None for plaintiff.
    None for defendant.
    In spite of the specific order dated 26/08/2022, plaintiff neither filed the service affidavit of SJ nor tendered registered SJ on record.
    It appears that plaintiff is not serious enough to proceed with the matter.  Hence,  matter is adj to 17/12/2022 for dismissal SJ.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 07/02/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-02-2023
    
    Date: 17-12-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 07/02/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: None for plaintiff.
    None for defendant.
    It appears that both the parties are absent since Covid-19 pandamic.  Hence, issue notice to both the parties on court motion through RPAD, for appearance before the court.  Parties be intimated that if they fails to appear before the court, appropriate orders would be passed in their absence.
    Matter is adj to 28/04/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 28-04-2023
    
    Date: 07-02-2023
    Business: None for plaintiff.
    None for defendant.
    It appears that both the parties are absent since Covid-19 pandamic.  Hence, issue notice to both the parties on court motion through RPAD, for appearance before the court.  Parties be intimated that if they fails to appear before the court, appropriate orders would be passed in their absence.
    Matter is adj to 28/04/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 24/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2023
    
    Date: 28-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 24/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    Plaintiff and his advocate are absent. On perusal of the record, it is found that the plaintiff had to served SJ on defendants No.1, 2 and 4. Though SJ was registered long back, it is not appearing that SJ was served on the defendants and even registered SJ has not been tendered to the court. Therefore, matter was posted on 07.02.2023 for dismissal. Because continues absence of parties, my predecessor thought it fit to issue notice to parties more particularly to the plaintiff with the intention to provide the opportunity to him.  Notice was issued to the plaintiff by RPAD. However, notice is returned unserved with the postal endorsement door locked intimation served.
    As the plaintiff and his advocate absent and failed to serve SJ on the defendants for over the period more than five years and the plaintiff even failed to tender registered SJ. Hence, the suit is hereby dismissed in default. As the suit is dismissed in default, SJ No. 11/2018 is disposed of.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100676/2018
    Filing Date: 12-01-2018
    First Hearing Date: 12th April 2018
    Decision Date: 18th September 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Sept 2023

    Order Details: Other Pdf Text: 56 18/09/2023 SUM 706/15 @ SJ 11/18 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Order below Exh-1 Plaintiff and his advocate are absent. On perusal of the record, it is found that the plaintiff had to serve SJ on defendants No.1, 2 and 4. Though SJ was registered long back, it is not appearing that SJ was served on the defendants and even registered SJ has…

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