SUMMARY CIVIL SUIT - SUMMARY SUIT
Damodar Yankappa ManeVsSmt. Ashwini Ajay Bhalerao
CNR MHCC01001160202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st October 2023
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100188/2020
- Registration Date
- 13 Feb 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 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 14/02/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 14-02-2023 Date: 14-02-2023 Business: Adv.Ramesh Jain for plaintiff present. No steps are taken. No affidavit of service is filed. Time granted as a last chance. Matter is adj to 11/04/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 11-04-2023 Date: 11-04-2023 Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61) As court is busy dictating Judgment in Suit No.8573 of 1999 and argument P.H 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 28/06/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 28-06-2023 Date: 28-06-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Plaintiff and his counsel absent. Summons is not yet served on the defendant. Matter is adj to 27-09-2023 for taking steps for serving summons. Next Purpose: FOR TAKING STEPS Next Hearing Date: 27-09-2023 Date: 27-09-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv Ramesh Jain for the plaintiff present but not taken steps writ of summons is not appearing to have been served yet. Matter is adj to 21.10.2023 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 21-10-2023 Date: 21-10-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his counsel are absent. Order below Exh-1 The plaintiff and his counsel are absent. Present suit is filed in the year 2020. Around three years are likely to be completed, but the writ of summons is not yet served on the defendant. Time to time the suit was adjourned for filing the service affidavit, but failed. On 14.02.2023, on the request of the plaintiffs counsel last chance was granted and matter was adjourned to 11.04.2023. Therefore, because of failure to take the steps to file service affidavit, the matter was lastly adjourned for dismissal on 21.10.2023 i.e. today. Today also, the plaintiff and his counsel are absent. The plaintiff failed to serve the writ of summons and also failed to file the service affidavit. Hence, the suit is hereby dismissed under Order-9, Rule-2 of CPC. Nature Of Disposal: DISMISSED Disposal Date: 21-10-2023
Additional Case Details
Additional Case Details
Filing Number: 101287/2020 Filing Date: 28-01-2020 First Hearing Date: 08th April 2020 Decision Date: 21st October 2023 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 121 Oct 2023
21 Oct 2023
Order Details: Other Pdf Text: 39 21/10/2023 SUM 188/20 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his counsel are absent. Order below Exh-1 The plaintiff and his counsel are absent. Present suit is filed in the year 2020. Around three years are likely to be completed, but the writ of summons is not yet served on the defendant. Time to time the suit was adjourned for filing the service affidavit, but failed. On 14.02.2023, on the request fo the plaintiff’s counsel last chance was granted and matter was adjourned to 11.04.2023. Therefore, because of failure to take the steps to file service affidavit, the matter was lastly adjourned for dismissal on 21.10.2023 i.e. today. Today also, the plaintiff and his counsel are absent. The plaintiff failed to serve the writ of summons and also failed to file the service affidavit. Hence, the suit is hereby dismissed under Order-9, Rule-2 of CPC. Judge -- 1 of 1 --
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