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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay 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: 04-05-2024

    Additional 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

    2
    Final Order 1
    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 1
    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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