SUMMARY CIVIL SUIT - SUMMARY SUIT
Mr. Dayabhai Ratansi JogadiyaVsMr. Jaydeep Narendranath Tharamal
CNR MHCC01001074201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 100307/2018
- Registration Date
- 08 Mar 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 02-05-2018
Business: Court is busy dictating the judgment in Su.19/18, Su.20/18, Su. 1199/15, Hence Board discharged.
Matter is adj for report on 09/08/2018.
Next Purpose: REPORT
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 03/12/2018 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Matter transferred from Cr. no.28.
Adv. B. S. Patil Present for the Plff.
On the oral request of the Ld counsel for the Plff. Adj. Granted.
Adj. For Service affidavit of writ of summons on 08/02/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv for plff Balbheem Patil present
None present for the Deft
Matter is Adjd for Affidavit of service on 02/03/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: None present
Matter is Adjd for Affidavit of Service on 20/04/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Matter transferred from Cr. no.09.
Adv. B. S. Pail Present for the Plff.
None Present for the Deft.
No service affidavit tendered by plff. Hence plff to take necessary steps.
Adj. for Steps on 06/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: P.O. is on training. Hence, matter adjd for..
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: None present.
Matter adjd for steps to 28.11.2019
L.O. at 12.30pm
Adv. Patil for plaintiff present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Court is on leave. Board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Balbheem Patil for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 24.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2020
Date: 15-05-2020
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: 22-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 17.03.2021 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Both parties and their advocates are absent.
Matter is adjd to 10.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Due to Covid-19 pandemic,
Matter is adjd to 04/08/2021 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 23.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Both parties and advocates are absent.
Adjd. to. 03.02.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: None present.
Matter is adjd for steps on 22-04-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: CORAM : H H. J. Smt. R. K. Kshirsagar, City Civil Court, Mumbai. (C.R.13)
Matter pertains to C. R. No. 61.
By preceipe.
Adv. Balbheem Patil for Plaintiff present.
None present for Defendant.
Matter be placed for Lok-adalat.
Issue notice to defendant.
Matter adjd for Lok-Adalat on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertaining to C.R. No. 61
Both the parties and their counsel called, but absent.
Matter adjourned before Regular Court on 15.10.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: None for plaintiff.
None for defendant.
No affidavit of service filed by plaintiff.
Plaintiff to comply the same.
Matter is adj to 09.03.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As Court time is over, first session remaining board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Adv.Balbheem Patil for plaintiff present. He filed affidavit of service (Exh--). It appears that the writ of summons sent through RPAD has returned unserved. Hence, plaintiff to take proper steps.
Matter is adj to 04/05/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: As court is busy in dictating judgment in Suit No.3734 of 2011, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 27/07/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his counsel are absent.
Writ of summons sent to the defendant returned unserved long back. The plaintiff failed to take steps.
Matter is adj to 04.11.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Balbheem Patil is present for plaintiff.
Order below Exh.1
By observing on 09.03.2023, that the writ of summons was not served on the defendant, the suit was adjourned to 04.05.2023 for taking the steps and because was not taking the steps on 04.05.2023, the matter was adjourned to 05.10.2023 and then to 04.11.2023 i.e. today for dismissal.
Today, the counsel for the plaintiff pointed out that the writ of summons was duly served on defendant No.1 and service affidavit to that effect at Exh.2 was filed on 09.03.2023. It is pointed out that the writ of summons was sent to the defendant on three different address and on the first address, writ of summons was served and postal acknowledgment is also filed with the service affidavit. Hence, it is declared that the writ of summons is duly served on defendant No.1 and despite that, he failed to appear. Hence, suit to proceed ex-parte against defendant No.1
Matter is adj to 30-11-2023 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. B. S. Patil for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 01.02.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: P.O. IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file the evidence.
Matter is adj to 05.04.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The matter is very old. The plaintiff was given last chance to file evidence. The plaintiff failed to file evidence. Hence, matter be kept for dismissal order.
Matter is adj to 04.05.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 1.34 pm
The plaintiff and his advocate are absent.
Order below Exh-1
Perused record. On perusing roznama dated 05.10.2023, it appears that matter was kept for dismissal order on 04.11.2023. Then, on 04.11.2023 the plaintiff took steps and filed service affidavit of summons to the defendant. Matter was proceeded ex-parte against defendant. The matter is adjourned for filing ex-parte evidence since 30.11.2023. It was adjourned on 01.02.2024, 07.03.2024, 05.04.2024. The plaintiff failed to take the steps. The matter is old. Even today the plaintiff is absent and not taken steps to proceed with the matter. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Summary Suit No.307/2018 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-05-2024Additional Case Details
Additional Case Details
Filing Number: 101175/2018 Filing Date: 19-01-2018 First Hearing Date: 02nd May 2018 Decision Date: 04th May 2024 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
2Final Order 104 May 2024
04 May 2024
Order Details: Other Pdf Text: 40 04/05/2024 SUM 307/18 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Keep back. Later on at 1.34 pm The plaintiff and his advocate are absent. Order below Exh-1 Perused record. On perusing roznama dated 05.10.2023, it appears that matter was kept for dismissal order on 04.11.2023. Then, on 04.11.2023 the plaintiff took steps and filed service affidavit of summons to the defendant. Matter was proceeded ex-parte against defendant. The matter is adjourned for filing ex-parte evidence since 30.11.2023. It was adjourned on 01.02.2024, 07.03.2024, 05.04.2024. The plaintiff failed to take the steps. The matter is old. Even today the plaintiff is absent and not taken steps to proceed with the matter. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order:- Order Summary Suit No.307/2018 is hereby dismissed in default. Judge -- 1 of 1 --
Order 104 May 2024
04 May 2024
Order Details: Other Pdf Text: 40 04/05/2024 SUM 307/18 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Keep back. Later on at 1.34 pm The plaintiff and his advocate are absent. Order below Exh-1 Perused record. On perusing roznama dated 05.10.2023, it appears that matter was kept for dismissal order on 04.11.2023. Then, on 04.11.2023 the plaintiff took steps and filed service affidavit of summons to the defendant. Matter was proceeded ex-parte against defendant. The matter is adjourned for filing ex-parte evidence since 30.11.2023. It was adjourned on 01.02.2024, 07.03.2024, 05.04.2024. The plaintiff failed to take the steps. The matter is old. Even today the plaintiff is absent and not taken steps to proceed with the matter. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order:- Order Summary Suit No.307/2018 is hereby dismissed in default. Judge -- 1 of 1 --
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