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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Khan Mahammed UmerVsSwapneel R. Rane

CNR MHCC01001394201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 04th October 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100019/2018
Registration Date
25 Jan 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: 13-02-2018
    Business: Adv. Ms. Surin Usgaonkar  for plaintiff present.
    Adv. Mr. Shrivastav for  defendant present.
    Adv. for plaintiff tendered  original S/J No.19/18 along with affidavit in support of S/J it is t.o.r
    By consent matter is adj. to 27/03/2018 for Service report of S/J.
    Next Purpose: SERVICE
    Next Hearing Date: 27-03-2018
    
    Date: 27-03-2018
    Business: Adv. Mr. Usgaonkar for plaintiff present.
    Adv. Mr. Neha Pande for defendant present.
    Matter is adj. to 25/06/2018 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 04/09/2018 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2018
    
    Date: 04-09-2018
    Business: Adv. Usgaonkar for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff has requested grant of time for filing the service affidavit of S/J.
    Matter is adjd. to 15/11/2018 for filing Service affidavit.
    Next Purpose: SERVICE
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. Vikram Goyal for Plaintiff present.
    Adv. Sandip Patil  for Defendant present.
    Advocate for plaintiff has filed service affidavit, TOR.
    Advocate for defendant has submitted that after taking the no objection from the earlier advocate he has file the vakalatnama from defendant on next date.
    Adv. for plaintiff has submitted that the S/J is already served long back upon the defendant, but no reply is filed. Hence in view of the matter,
    Matter is adjd. to 19/12/2018 for S/J hearing without reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. to 30/01/2019 for sj hearing.
    Later on
    Adv. Mr. Usagaonkar for plaintiff present.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv. Usgaonkar for Plaintiff present.
    None  for Defendant.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 27/02/2019  for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Court is on leave. Hence matter is adj to 24/04/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv for plaintiff Ms.K.D.Vanjha present
    Adv for plaintiff requested for adjournment
    O-Granted
    Matter is Adjd for S/J 19/18 Hearing to 25/07/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv.Usgaonkar for plaintiff.
    None for defendant.
    List of original documents.
    On oral request of adv of plaintiff Adj for SJ hearing on
    09/08/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: P.O. is on training.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Usgaonkar for plaintiff present.
    Adv. for defendant present.
    Adjd to 17/12/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Surin for plaintiff present.
    None for defendant present.
    Matter adjd to 10/02/2020 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv Surin R. Usgaonkar for plff present.
    None for deft.
    Adj to 08-04-2020 for filing claim affidavit.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR___________________
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: P.O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Mr.Usgaonkar present for the plaintiff.
    Adv Namita Shirke present for the defendant.
    Both the Ld. advocate submit that there is possibility of settlement.
    Matter is ajd to 16.11.2021 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv Mr.Usgoankar present for the plaintiff.
    Adv Namita Shirke present for the defendant.
    Matter is adjd to 06.01.2022 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Adv. Usgaonkar for plaintiff present.
    None for defendant.
    Matter is adjd. to 01/02/2022 for settlement.
    L.O.
    Adv. Namita Shirke for defendant is present.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: P.O. is on leave.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Advocate Ms. Amrute Gone for plaintiff present.
    Advocate Shirke for defendant present.
    On the request of both advocates.
    Matter is adjd. for settlement to 10-06-2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv S.R.Usgaonkar for plff present.
    Adv Namita Shirke for deft present.
    By consent, adjd to 26/7/2022 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: As court is vacant.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: As court is vacant
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: As court is vacant
    Next Purpose: SETTLEMENT
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: As court is vacant
    Next Purpose: SETTLEMENT
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: As court is vacant.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: None present.
    KB.
    L.O. at 3.20 pm.
    None present.
    Matter stands adjourned for dismissal on 01-09-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Usgaonkar for plaintiff is present.
    Adv. Namita Shirke for defendant is present.
    Exh.6 -Adv. for the plaintiff filed adjournment application. TOR and marked at Exh.6
    Put up for dismissal on next date.
    Matter stands adjourned to 25/10/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. Surin Usgaonkar present for plaintiff.
    Adv.Namita Shirke for defendant.
    Heard the Counsel of plaintiff.
    Put up for further argument on next date.
    Matter stands adjourned for argument P.H. on 19-12-2023.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Adv.Surin Usgaonkar present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for Argument P.H. on 15-02-2024.
    L.O. at 12.10 pm.
    Adv. Namita Shirke present defendant.
    Matter is already stands adjourned for Argument P.H.on 15-02-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: Adv. Surin Usgaonkar present for plaintiff.
    Adv. Namita Shirke present for defendant.
    By Consent matter stands adjourned argument P.H./Settlement
    on 01-04-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: Adv.Surin Usgaonkar present for plaintiff. Seeking time. Time is granted.
    Adv. Namita Shirke present for defendant.
    Matter stands adjourned for argument P.H. on 05-07-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Adv.Redkar present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for argument on 30-08-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: None present.
    Matter stands adjourned for argument P.H. on 04-10-2024.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: Adv. Atul Redkar present for plaintiff.
    None present for defendant.
    Kept back.
    Later On at 12.20 pm.
    Adv. Surin Usgaonkar present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    He pointed that the defendant failed to file reply to Summons for Judgment, hence, plaintiff is entitled for decree in terms of order 37 Rule 3(6)(a) of CPC.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for Judgment No.19 of 2018 in Summary Suit No.1431 of 2017, is hereby allowed.
    2.Summary Suit No.1431 of 2017, stands partly decreed with costs.
    3.Defendant is directed to pay the plaintiff a sum of Rs.25,75,000/- within two months from the date of this order, failure to which the amount shall carry interest at the rate of 9 percent per annum from the date of filing of suit, till its full realisation.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    6.Summons for Judgment disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101389/2018
    Filing Date: 25-01-2018
    First Hearing Date: 13th February 2018
    Decision Date: 04th October 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    04 Oct 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.19/2018 p MHCC010013942018 Presented on : 25/01/2018 Registered on : 25/01/2018 Decided on : 04/10/2024 Duration : 06Y 08M 11D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.19 OF 2018 (CNR NO.MHCC01-001394-2018) IN SUMMARY SUIT NO.1431 OF 2017 Khan Mahammed Umer, an Indian Muslim, Occ. Business, residing at 317, Lokhandwala Bldg., 2nd floor, D/42 Arab Lane, Grant Road (East), Mumbai 400 008. ] ] ]…

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    Order 1Full order available
    04 Oct 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.19/2018 p MHCC010013942018 Presented on : 25/01/2018 Registered on : 25/01/2018 Decided on : 04/10/2024 Duration : 06Y 08M 11D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.19 OF 2018 (CNR NO.MHCC01-001394-2018) IN SUMMARY SUIT NO.1431 OF 2017 Khan Mahammed Umer, an Indian Muslim, Occ. Business, residing at 317, Lokhandwala Bldg., 2nd floor, D/42 Arab Lane, Grant Road (East), Mumbai 400 008. ] ] ]…

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