Bharat Gandhi +3 moreVsReenav Shah +1 more

Date: 03-01-2020
Business: As court is on Leave.
Matter is adjd to 03.02.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Poonam Kotkar for plff. Present.
Adv. For deft. Absent.
Plaint
Vakalatnama
Memorandum of addressed
List of document
Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
Service not completed.
Matter is adjd to 23.03.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Next Purpose: SERVICE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: Due to Covid-19 lockdown
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to Covid 19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: SERVICE
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 23.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 19.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: Due to covid-19 decelared holiday.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 18.10.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per circular declared as Holiday
Next Purpose: SERVICE
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Both parties and advocates are absent.
Matter is adjd to 13.01.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present.
Matter is adjd for Service to 17.03.2022.
Next Purpose: SERVICE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None for Plaintiff.
	Record reveals that there is no serivce of Writ of Suumons to the Defendant.  Hence, Plaintiff take proper steps.
	Matter adj. to 24/06/2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Poonam Kotkar  for Plaintiff present.
None for Defendant.
Plaintiff has taken proper steps to serve the defendant. At the request of adv for plaintiff time granted to take proper steps as a last chance.
Matter adjourned to 21.09.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Plaintiff and his Advocate Poonam Kotkar present.
None for defendant.
Advocate for plaintiff filed affidavit of service (Exh.06).  From the affidavit it reveals that the writ of summons sent by RPAD returned unserved with the endorsement \''unclaimed\''.
Advocate for plaintiff seeks time to file proper application for substituted service.  Time granted.
Matter adjd. to 09.12.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv.Poonam Kotkar for plaintiff present.  She filed application for pasting service to defendant No.1 and 2 (Exh-7)
As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 14/02/2023 for order on Exh-7
Next Purpose: ORDER
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv.Poonam Kotkar for plaintiff present.  She has filed application for service of summons by way of pasting.
        The earlier service affidavit filed by plaintiff (Exh-6) reveals that the writ of summons has returned unserved with remark “unclaimed”.  In view of the same, I find it just and proper allow service by pasting.  Hence, the order-
                        ORDER ON EXH-7
1. Application (Exh-7) is allowed.
2. Bailiff try to serve the copy of summons on defendants personally and if the defendants are found absent on given address, he may serve the same by affixing copy of summons on outdoor of the premises of the defendant as per rule 17 of order V of CPC.
Matter is adj to 27/04/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Poonam Kotkar for plaintiff present.
None for defendant.
Matter is adj to 02/08/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: As a Court busy Aurguments in Summary Suit Nos. 751/2016, Summary Suit 52/2018 and  Summary Suit 1081/2021 and evidence in Sessions Case No. 260/2014, hence morning remaining board is discharged.
Matter is adj to 16/10/2023 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Poonam Kotkar for plaintiff is present.
Bailiff report is already received on 11.04.2023. TOR. It is marked as Exh-8.
Order below Exh-1
Bailiff report shows that the writ of summons have been  served(In accordance with the order dated 14.02.2023) on the defendants No.1 and 2 by pasting it on their premises on 30.03.2023, as they were not found at the time of service, (In accordance with the order dated 14.02.2023). Hence, it is declared that the writ of summons are duly served on the defendants.
Despite the service of writ of summons, The defendants No.1 and 2 are failed to appear. Hence, the suit to proceed ex-parte against defendant No. 1 and 2.
Matter is adj to 03.01.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 12.02.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 12.04.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 14.06.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Poonam Kotakar for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 25.07.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 09.10.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vaibhav R. Shah h/f Adv. Poonam Kotkar for plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted last chance
Matter is adj to 16.01.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Poonam Kotkar for plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted.
Matter is adj to 20.02.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 23/04/2025 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2025

Date: 23-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. B. S. Patil for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 04.07.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 25.09.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-09-2025

Date: 25-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to filed ex-parte evidence.
Matter is adj to 13.11.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff was given last chance to file ex-parte evidence. Plaintiff failed to file ex-parte evidence. Hence, matter is kept for dismissal order.
Matter is adj to 20.12.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-12-2025

Date: 20-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-1
The plaintiff and his advocate are absent. On perusing record, it appears that plaintiff has filed this suit on 21.01.2019. Further, Order was passed to proceed matter ex-parte against defendants on 06.10.2023, since then matter is pending for evidence of plaintiff. The plaintiff was given opportunity to file evidence on 03.01.2024, 12.02.2024, 12.04.2024, 14.06.2024, 25.07.2024, 09.10.2024, 16.01.2025, 20.02.2025, 23.04.2025, 04.07.2025, 13.08.2025, 25.09.2025, 13.11.2025 and 20.12.2025. Though plaintiff was given ample opportunity to file ex-parte evidence, plaintiff has failed to file ex-parte evidence more than one and half  year. This shows that plaintiff is not interested in conducting the matter.  Therefore, no purpose would serve by keeping the matter pending. Hence, I proceed to pass following order-
Order
       Sum. Suit No.1042 of 2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-12-2025

Registration Number: 101042/2019
Transfer Date: 16-11-2019
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 101042/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 101042/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 100904/2019
Filing Date: 21-01-2019
First Hearing Date: 03rd January 2020
Decision Date: 20th December 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE