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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Neeta Ambalal JainVsUpendra Hastimal Porwal

CNR MHCC01000701201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 09th August 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100025/2019
Registration Date
19 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-01-2019
    Business: Adv. Savita Pattni for Plaintiff present.
    Adv. Mehul Rathod for Defendant present.
    Advocate for plaintiff has filed registered S/J no.25/19 alongwith affidavit, TOR.
    On the oral request of the advocate for defendant,
    Matter is adjd. to 22/02/2019  for S/J reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Adv. Savita Pattni for Plaintiff present.
    Adv. Mehul Rathod for Defendant present.
    Advocate Mr. Rathod for defendant has filed reply to S/J.
    Matter is adjd. to 01/04/2019 for Rejoinder to the S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2019
    
    Date: 01-04-2019
    Business: Adv for plaintiff Ms.Savita Pattni present
    Adv for plaintiff. Stated that S/J is received by deft on 21/01/2019 and there is such acknowledgement of deft on original S/J.
    O-It appears S/J is received by deft on 21/01/2019 and reply is not filed within 10 days by deft therefore, hearing on S/J to proceed without considering the reply produced on record by defendant.
    Matter is Adjd for S/J 25/19 Hearing to 29/06/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: Adv for plaintiff Ms.Savita Pattni present
    Adv for deft Mr.Mehul Rathod present
    Adv for deft filed draft N/M along with affidavit.
    O-Leave Granted to register N/M.
    Matter is Adjd for N/M Hearing to 22/08/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Savita Patani for plaintiff present.
    Adv. Bhayani for deft. Present.
    Registered Notice of motion 3074/19 @ affidavit filed by adv. for deft. t.o.r.
    Adjd. for Notice of motion hearing to 15.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: P.O is on leave. Adjd to 26/11/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Savita Pattni present for the plff.
    Adv. Rubika present for the Deft.
    Ld counsel for the Plff filed reply to NM 3074/19. t.o.r.
    Adj. For Hearing on 14/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Plaintiff present. His adv absent.
    None for defendant.
    Adjd to 30.03.2020 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. Savita patni for plaintiff
    Adv. Dipali Majethiya for defendant.
    Adjd to 03-05-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: None present for both parties.
    Matter is adjd to 17-11-2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv Savita Patni for plaintiff.
    None for defendant.
    Matter is adjd to 16-12-2021 for sj hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. Savita  Patne for plaintiff present.
    Adv. Bhayani for the defendant present.
    KB
    L.O.
    None for plaintiff.
    Adv. Bhayani for the defendant present.
    Heard argument of ld. advocate of the defendant on NM.
    L.O.
    Adv. Savita  Patne for plaintiff present.
    Heard argument of ld. advocate of the plaintiff on NM.
    Matter is adjd. to 18/12/2021 for Order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2021
    
    Date: 16-12-2021
    Business: Adv. Savita  Patne for plaintiff present.
    Adv. Bhayani for the defendant present.
    KB
    L.O.
    None for plaintiff.
    Adv. Bhayani for the defendant present.
    Heard argument of ld. advocate of the defendant on NM.
    L.O.
    Adv. Savita  Patne for plaintiff present.
    Heard argument of ld. advocate of the plaintiff on NM.
    Matter is adjd. to 18/12/2021 for Order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: None for plaintiff.
    Adv. Dhruvika Bhayani for the defendant present.
    F R S R following order is passed:
    O R D E R
    1. Notice of Motion No. 3074 of 2019 is made absolute.
    2. The reply of the defendant to Summons for Judgment No.25/2019 is allowed to be taken on record.
    3. Notice of Motion No. 3074 of 2019 stands disposed of accordingly.
    Matter is adjd. to 19/01/2022 for SJ reply/hearing
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  06-04-2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Plaintiff present, her advocate absent.
    Advocate Ms. Pradnya for defendant present.
    Plaintiff requested date.
    Matter is adjd. for SJ hearing to 23-06-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: P. O. is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: As court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: As court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: None present.
    KB
    None present.
    Matter stands adjourned to SJ hearing  25-07-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None for plaintiff.
    Adv. Pranya present  for defendant.
    Plaintiff absent since long, hence, put up for dismissal on next date.
    Matter stands adjourned for dismissal on 15-09-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Plaintiff in person present.
    Adv. Dhanashree Pavaskar for defendant present.
    KB
    Later on at 1.25 pm.
    Plaintiff along with Adv. Ravindra Khillare present
    Exh-1 Plaint.
    Exh-2 Memorandum of address.
    Exh-3 Vakalatnama
    Exh-4 List of documents
    Counsel for plaintiff tendered application for adjournment along with undertaking to file vakalatnama on next date. TOR. They are marked as Exh-5 and 6 respectively.
    Adv. Dhanashree Pavaskar for defendant present.
    Matter stands adjourned to 28.11.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: As Presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Ravindra Khilare  present for plaintiff tender VP taken on record  marked Exhibit-7 and also tender application for removal caption of dismissal. Taken on record marked as Exhibit-8. Plaintiff is directed to tendered original documents on or before next date.
    O- allowed. Heard Advocate for plaintiff.
    Adv. Dhanshree Pawaskar i/b Mehul Rathod present for defendant.
    Matter stands adjourned for SJ Hearing on 14.02.2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Adv. Ravindra Khillare present for plaintiff, tendered list of documents to Summons for Judgment No.25/19 TOR.
    Adv. Mehul Rathod present for defendant.
    Heard both sides.
    Matter stands adjourned for further argument on 06-03-2024.
    L.O. at 3.10 pm.
    Adv. Dhanashree Pawaskar present for defendant, tendered list of
    documents along written arguments and citations TOR.
    Matter stands adjourned for further argument on 06-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv. Ravindra Khillare present for plaintiff.
    Adv.Mehul Rathod present for defendant.
    As per the request of both the parties, matter be referred to the Mediation.
    Matter stands adjourned for Mediation Report on 06-05-2024.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: Adv.Ravindra Khilare present for plaintiff.
    Adv.Dhanashri Pawaskar present for defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on  09-08-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    Business: Adv. Ravindra Khillare present for plaintiff.
    Adv. Dhanashree Pawaskar  i/b Mehul Rathod present for defendant.
    Heard both sides.
    F.R.S.R. following order is passed on Summons for Judgment No.25/2019-
    ORDER
    1.Summons for Judgment No.25 of 2019 in Summary Suit No.1345 of 2018, is hereby rejected.
    2.Defendant is granted unconditional leave to defend.
    3.Defendant is directed to file written statement within stipulated period from the date of this order.
    4.Summons for judgment is disposed of accordingly.
     (Order dictated and pronounced in open Court)
    Matter stands adjourned for written statement on 10-09-2024.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 09-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100806/2019
    Filing Date: 17-01-2019
    First Hearing Date: 23rd January 2019
    Decision Date: 09th August 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Aug 2024

    Order Details: Other Pdf Text: ..1.. Summons for Judgment No.25/2019 MHCC010007012019 Presented on : 17/01/2019 Registered on : 19/01/2019 Decided on : 09/08/2024 Duration : 05Y 06M 24D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.25 OF 2019 (CNR NO.MHCC01-000701-2019) IN SUMMARY SUIT NO.1345 OF 2018 Mrs. Neeta Ambalal Jain, ) Occupation : Business, an adult Indian ) Inhabitant of Mumbai, residing at ) Room No.50/A, Burjour Building, 4th floor, ) Wadia Street, Tardeo…

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