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SUMMARY CIVIL SUIT - SUMMARY SUIT

Chetana StationaryVsHaji Liyakat English High School

CNR MHCC01000946201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 04th May 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100561/2019
Registration Date
03 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Chetana Stationary

    Respondent

    1. 1Haji Liyakat English High School

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 29-07-2019
Business: Court is on leave. Adjd to 06/11/2019
Next Purpose: REPORT
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Next Purpose: REPORT
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 19.06.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 08.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 08-03-2021

Date: 08-03-2021

Date: 29-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 21/06/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 17.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 21.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: P.O is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present.
Matter is adjd for   report on 07-04-2022
Next Purpose: REPORT
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv Lakhani for Plaintiff present.
None for Defendant
Plaint
Vakalatnama
Memorandum of address
List of document
Adv Sudhakar Lakhani for the plff filed VP. TOR marked as Exh-5
He also filed application for issuance of summons afresh. Exh-6
O :- issue fresh writ of summons.
Matter adjourned to 24.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2022

Date: 24-09-2022
Business: As per Office Order No.169 of 2022, dated 08.08.2022, holiday is declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
No affidavit of service is filed.
Matter is adj to 23/02/2023 for affidavit of service/steps.
Later on at 11.34am
Adv.Ken Misquitta for plaintiff present.   He filed affidavit of service (Exh-7).
It appears that defendant is duly served through Speed Post.  The postal acknowledgement reveals that summons was sent on 30/07/2022 and the acknowledgment is received by this office on 26/08/2022.
Despite service defendant failed to cause appearance, hence suit to proceed ex-parte.
Matter is adj to 23/02/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv.Madhuri Lakhani for plaintiff present.
Adv.Khan M.Asim for appears for defendant tendered draft Notice of Motion, along with affidavit, for setting aside ex-parte order.
He also filed vakaltnama (Exh-8)
Order-Leave is granted to register the Notice of Motion.
Defendant to serve N/M to the plaintiff and filed affidavit of service to that effect.
Matter is adj to 28/04/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Lakhani for plaintiff present.
Adv.Khan M.Asim for defendant present.
By consent, matter is adj to 24/07/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
NOBTOB by way of praecipe filed by Adv.Sudhakar Lakhani for plaintiff (Exh-9).
Mr.Shaji John-Representative of plaintiff present.
Mr.Abdul Rehman Liyakat Sayed-Defendant present.
Adv.Khan M.Asim for defendant present.
Plaintiff as well as defendant along with their respective Advocate are present.   They filed mutual consent terms Exh-10.  The contends of consent terms are verified from the parties present before the court. Mr.Shaji John representative of plaintiff in view of the consent terms he has received cheque of Rs.50,000/- dated 30/06/2023 from the defendant and accordingly suit may be disposed of.
In view of the same, I pass following order-
                             ORDER
1. Summary Suit No.561 of 2019 is hereby decreed in terms of consent terms Exh-10.
2. Plaintiff is entitled for refund of court fees, as per the rules.
3. Summary Suit No.4246 of 2010 is disposed of accordingly.
4. Pending N/M No.1299/2023 also stands disposed of.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 04-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100890/2019
Filing Date: 21-01-2019
First Hearing Date: 29th July 2019
Decision Date: 04th May 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 May 2023
    Order Details: Order below exhibit
Pdf Text: 59
04/05/2023
SUM 561/19
NM 1299/23
Exh10
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
NOBTOB by way of praecipe filed by Adv.Sudhakar Lakhani for plaintiff
(Exh-9).
Mr.Shaji John-Representative of plaintiff present.
Mr.Abdul Rehman Liyakat Sayed-Defendant present.
Adv.Khan M.Asim for defendant present.
Plaintiff as well as defendant along with their respective Advocate are present.
They filed mutual consent terms Exh-10. The contends of consent terms are
verified from the parties present before the court. Mr.Shaji John representative
of plaintiff in view of the consent terms he has received cheque of Rs.50,000/-
dated 30/06/2023 from the defendant and accordingly suit may be disposed of.
In view of the same, I pass following order-
ORDER
1. Summary Suit No.561 of 2019 is hereby decreed in terms of consent
terms Exh-10.
2. Plaintiff is entitled for refund of court fees, as per the rules.
3. Summary Suit No.4246 of 2010 is disposed of accordingly.
4. Pending N/M No.1299/2023 also stands disposed of.
Judge
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