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SUMMARY CIVIL SUIT - SUMMARY SUIT

Subhash Yelappa KutadeVsVilas Dattaram Bhogaonkar

CNR MHCC01001694202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th February 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100213/2020
Registration Date
17 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 3

    Case History / Proceedings

    Case History
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 29.01.2021.
    Next Purpose: REPORT
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Balbheem Patil for plaintiff is present.
    None for defendant.
    He has requested for directing for issuance of fresh summons. Issue fresh summons to the defendant on payment of necessary process fee. R/o 26.02.2021.
    Adjd for return of summons/report on 26.02.2021.
    Next Purpose: REPORT
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Patil for plaintiff is present.
    On oral request of Adv.for the plaintiff matter adjourned for service affidavit.
    Matter adjd for service affidavit to 31.03.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: None present.
    Matter adjd for filing affidavit of service on  05/05/2021
    L.O. at 11.55a.m.
    Adv. Patil for plff. present.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 13.08.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Balbheem Patil for the plff present.
    Matter is adjd to 07.09.2021  for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Court is Vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: None present.
    Matter is adjd for affidavit of service  on 15-02-2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv B. S. Patil for plaintiff present.
    None for defendant.
    Matter is adjd for service affidavit   on 22-02-2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: HHJ is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Patil for Plaintiff present.
    Exh.01-Plaint.
    Exh.02-Vakalatnama.
    Exh.03-Memorandum of plaintiff address.
    Exh.04-List of documents.
    He filed affidavit of service (Exhibit-05).  From affidavit it appears that the defendant is duly served with writ of summons on 22.06.2021.
    In spite of lapse of huge time since the service, defendant has not caused appearance.  Hence, suit to proceed ex-parte.
    None for Defendant.
    Matter adjourned to 07.10.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: None for plaintiff.
    Ex-parte evidence not filed.
    Matter is adj to 12/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Adv.Balbheem Patil for plaintiff present.  He filed claim affidavit (Exh-6) along with list of document (Exh-7)
    Following documents being originals are marked exhibit as under.
    Original Demand Promissory dated 15/04/2019 of Rs.2,00,000/-        (Exh-8).
    Original copy of demand notice dated 30/09/2021 along with postal receipt and return packet (Exh-9).
    Matter is adj to 20/02/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv.Balbheem Patil for plaintiff present.
    None for defendant (Ex-parte).
    Heard Ld.Adv. For plaintiff.
    F.R.S.R following order is passed.
    ORDER
    1)	Summary Suit No. 213 of 2020 is hereby partly decreed 	with costs.
    2)	Defendant do pay on amount of Rs.2,00,000/- (Rupees Two 	Lakhs Only) to the plaintiff along with interest at the rate of 9% per annum from the date of filing of the suit i.e. 07/02/2020, till realization of entire amount.
    3)  	Plaintiff is entitled for refund of court fees as per rules.
    4)	Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 20-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101830/2020
    Filing Date: 07-02-2020
    First Hearing Date: 13th April 2020
    Decision Date: 20th February 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Feb 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010016942020 Presented on :07022020 Registered on :17022020 Decided on :20022023 Duration :3Y0M13D EXHIBIT10 IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 213 OF 2020 MR. SUBHASH YELAPPA KUTADE of Mumbai, an adult Indian, Inhabitant aged 34 years, Occupation Money Lender, having his Office and residence address at Room No.14, Navjivan Seva Society, Shivneri Nagar, Shingrewadi, Bailbazar, Kurla West Mumbai400 070. (Mobile No.9967155818). ...Plaintiff Versus MR.VILAS DATTARAM BHOGAONKAR of…

    Read Full Order

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