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SUMMARY CIVIL SUIT - SUMMARY SUIT

Janappa Sagya KunchikorveVsBhima Dhuraji Hirve

CNR MHCC01001152202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 06th May 2026

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100228/2020
Registration Date
13 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 08-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 17.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: P.O. is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: None present.
    Matter adjd for report on 21.06.2021.
    Next Purpose: REPORT
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Court  is on leave, hence adjd to
    Next Purpose: REPORT
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 12.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv Ramesh Jain for plaintiff present.
    Matter is adjd to 03.01.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd for report to 27.01.2022
    Next Purpose: REPORT
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Adv Ramesh  Jain for plaintiff present.
    Matter is adjd for report on 12-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: P.O. is on training
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for Plaintiff.
    Plaintiff has not filed Affidavit of Service.  Hence, Plaintiff to take proper steps.
    Matter adjourned to 28/09/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None for Plaintiff.
    None for Defendant.
    Since long time service affidavit not filed.  No steps taken.  As a last chance matter adjourned for steps to 09.12.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: 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 20/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv.Ramesh Jain for plaintiff present.   He seeks time to verify service of writ of summons and to take steps accordingly.
    Time granted.
    Matter is adj to 27/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 04/08/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Plaintiff and his counsel are absent. Suit summons are not yet served on the defendant. The plaintiff failed to take steps, adjourn for dismissal order.
    Matter is adj to 02/09/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 30.09.2023 dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    Order below Exh-1
    This is the Summary suit filed in the year 2020. Till date the defendant is not served with the writ of summons. Many times matter was adjourned for taking the steps. But, the plaintiff failed to take steps. The plaintiff and its counsel are absent today and they were absent on previous dates. Inaction of the plaintiff and continuous absence suggests that the plaintiff is not interested in proceeding with the suit. Hence, the suit is hereby dismissed under Order-9, Rule-2 of the CPC.
    Later on
    Adv. Ramesh Jain for plaintiff is present and filed application for restoration of the suit.  It is marked as Exh-2.
    Order below Exh-2
    Counsel for the plaintiff appeared and submits that the plaintiff wants to take the steps and ready to take steps today only, but when the case was called out, he was held up in CR. No.15, and therefore, he could not attend the court and prayed for restoration of the suit with the submission that he is ready to take steps right now. In view of the appearance and submission of  the counsel for the plaintiff, the suit can be restored. No notice of restoration is necessary as the defendant is already proceeded ex-parte.
    Hence, application (Exh-2) is allowed. The suit is restored to its original stage.
    Counsel for the plaintiff filed the application for issuance of fresh writ of summons. It is marked as Exh-3. O-Allowed. Issue fresh writ of summons.
    Matter is adjourned to 10.01.2024 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    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 affidavit of service.
    Matter is adj to 20.02.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 24.04.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff present and filed service affidavit t.o.r it is marked as Exh. 04
    Order Below Exh. 01.
    On perusing affidavit of service, it appear that writ of summons sent to Bailiff to the defendant is served on 28.12.2023. Defendant failed to appear. Hence matter be proceeded against defendant.
    Plaintiff has filed evidence affidavit of plaintiff along with documents t.o.r. it is marked as Exh. 05 and 06 respectively.
    Matter is adj to 24.06.2024  for Hearing on Admission and denial on documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 29.07.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 19.09.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is old. They are given last chance to argue on admission and denial of documents.
    Matter is adj to 22.10.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 22-10-2024
    
    Date: 22-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment to file documents. Adjournment is granted.
    Matter is adj to 26.11.2024 for filing original documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-11-2024
    
    Date: 26-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 10.01.2025 for hearing on admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff in person is present.
    Keep back.
    Later on at 12.40 pm
    Mr. Jannappa, Sagya Knchikorve, age 44 years, plaintiff in person is present.
    Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 28.02.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 28-02-2025
    
    Date: 28-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Madhuri Shirke for the plaintiff present.
    Heard Exhibiting the documents.
    Matter is adj to 27-03-2025 for Exhibiting the documents.
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Todays Board is discharged, as court is busy in dictating judgment in Suit No.3837/08, 3852/08 and SJ No.405/22 and hearing in other urgent matters. Parties are liberty to file applications, motions, chamber summons and other, if any.
    Matter is adj to 21.04.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 25.06.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-06-2025
    
    Date: 25-06-2025
    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 argue on exhibiting documents.
    Matter is adj to 25.07.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 13.08.2025 for hearing on exhibiting documents.
    Later on at 1.13 pm
    Adv. Ramesh Jain for plaintiff is present.
    Heard counsel for plaintiff on exhibiting documents.
    Matter is adj to 13.08.2025 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-08-2025
    
    Date: 13-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present
    Perused documents filed by plaintiff vide list Exh-6. Documents at Sr. No.1 is original, document at Sr. No.2 is office copy of notice dated 15.07.2019 along with postal records, document at SR. No.3 to 5 are verified from original. Hence, these documents are marked as Exhibits.
    Exh-7 Original Promissory Note dated 08.09.2016.
    Exh-8 (colly) Office copy of notice dated 15.07.2019 along with returned envelope and courier receipt.
    Exh-9 Copy of Money lending License verified from original.
    Exh-10 Forms under Bombay Money Lending Act verified from original.
    Exh-11 Books of Accounts verified from original.
    Matter is adj to 16.09.2025 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-09-2025
    
    Date: 16-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed evidence close pursis. TOR and marked as Exh-12.
    Matter is adj to 09.10.2025 for ex-parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: P.O. IS ON LEAVE
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 03.12.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    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 argue the matter.
    Matter is adj to 22.12.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-12-2025
    
    Date: 22-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 07.01.2026 for ex-parte argument.
    Later on at 1.30 pm
    Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 07.01.2026 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2026
    
    Date: 07-01-2026
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-01-2026
    
    Date: 30-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Heard ex-parte argument of advocate for plaintiff.
    Matter is adj to 13.02.2026 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    matter is fixed for ex-parte judgment. however , plaintiff to satisfy on the point of limitations.
    Matter is adj to  20-02-2026 for hearing on limitation.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2026
    
    Date: 20-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Matter is fixed for ex-parte judgment. Plaintiff to satisfy on the point of limitation.
    Matter is adj to 02.03.2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2026
    
    Date: 02-03-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff to argue on the point of limitation.
    Matter is adj to 23.03.2026 for argument.
    Later on at 12.21 pm
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 23.03.2026 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-04-2026
    
    Date: 22-04-2026
    Business: None present.
    Kept back.
    Later on-12pm.
    Adv. Madhuri Shirke for plaintiff is present.
    Heard ex-parte argument for plaintiff.
    Matter is adj to 06-05-2026 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 06-05-2026
    
    Date: 06-05-2026
    Business: None present.
    Kept back
    Later on at 11.49 am
    Adv. Madhuri Shirke for plaintiff is present.
    FRSR following order is passed
    Order
    1)Summary Suit No. 228 of 2020 is hereby dismissed.
    2)No order as to costs.
    3)The decree be drawn up accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 06-05-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101291/2020
    Filing Date: 28-01-2020
    First Hearing Date: 08th April 2020
    Decision Date: 06th May 2026
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 May 2026

    Order Details: Ex-parte Judgement Pdf Text: MHCC010011522020 Presented on 28.01.2020 Registered on 13.02.2020 Decided on 06.05.2026 Duration 6 Y, 3 M, 9 D Exhibit 13 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 228 OF 2020 Janappa Sagya Kunchikurve, Age 38 Yrs. of Mumbai an adult Indian inhabitant having his address at A.K.G. Nagar, Shop No.1, 60 Feet Road, Shopping Centre, Dharavi, Mumbai, 400017. ]...Plaintiff VERSUS Bhima Dhuraji Hirve, age not known of Mumbai an adult Indian…

    Read Full Order

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