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SUMMARY CIVIL SUIT - SUMMARY SUIT

Miss. Laxmidevi M. BistVsMr. Gajanad Usatkar

CNR MHCC01002112201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 17th November 2025

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100858/2018
Registration Date
20 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 15-10-2018
    Business: Adv. Vipin Pathak for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 15/01/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. Vipin Parikh for Plaintiff present.
    None  for Defendant.
    on the oral request of the advocate for plaintiff.
    Matter is adjd. to 06/02/2019 for Service affidavit.
    Next Purpose: REPORT
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Adv. Vipin Pathak for Plaintiff present.
    None for Defendant.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 06/03/2019 for Filing service affidavit.
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. Vipin Pathak for Plaintiff present.
    None for Defendant.
    He has filed service affidavit, alongwith original writ of summons, TOR.
    Matter is adjd. to 22/04/2019 for Exparte order.
    Next Purpose: REPORT
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv for plaintiff Mr.Vipin Parahk present
    Exh 01 Plaint
    Exh 02 VP
    Exh 03 Address Memo
    Exh 04 List of document
    Exh 05 Adv for plaintiff filed affidavit of Service with the remark  that postal envelop with the remark unclaimed.
    O-It appears defendant fail to appear in the suit. Therefore, suit to proceed exparte against deft.
    Matter is Adjd for Exparte Evidence to 18/07/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: P.O. is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv. Bipin pathak for plaintiff present.
    None for defendant.
    On  oral request exparte evidence
    Adjd for exparte on 4/11/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv. Pathak for plaintiff present.
    On oral request adjd. to 19.02.2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-02-2020
    
    Date: 19-02-2020
    Business: wrongly on holiday
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv Vipin Pathak present  for Plaintiff.
    None for Defendant.
    On oral request Adj for Ex-parte Evidence to 24-06-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Adjd to 01-03-2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Sandip singh for plaintiff
    None for defendant
    Adjd on plaintiff to 23-06-2021
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv. Mr. Pathak for plaintiff present.
    None for defendant.
    At the oral request of ld adv for plaintiff.
    Matter is adjd to 09/12/2021  for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: P. O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: The suit is posted for Ex-parte evidence, in view of SOP dated 07/01/2022, Order No.07/22. The  advocate of plaintiff is directed to attend through VC on next date.
    Matter is adjd. to 15-03-2022 for Ex-parte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None present.
    Matter is adjd. for ex-parte evidence to 17-06-2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: P.O. is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: As court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Matter pertains to C.R.No.15
    Adv. Pathak for plaintiff present.
    None present for defendant.
    Plaintiff is present.
    Exh.06 - Claim affidavit. O-read and recorded.
    Exh.07 - List of documents. O-be filed.
    Matter Adjd for exhibiting the documents on 21/07/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: None present.
    Matter stands adjourned to 29.09.2023 for ex-parte evidence.
    L.O. at 12.28 p.m.
    Already tendered list of document. Exh.07
    Adv. Priti Shukla h/f Adv. Vipin Pathak present for plaintiff and
    tendered written notes argument on exhibiting the document. T.O.R.
    Marked as Exh.8.
    Exh.9 -Document at sr. no.1 agreement cum writing between
    plaintiff, her father namely Mr. Mohan Singh Fakir Singh Bist and
    Sai Shrishti Builders and developers vide dated 25.03.2015.
    Exh.10 -Document at sr. no.3 Police complaint dated 06.02.2017
    against Sai Shrishti builders and developers by the plaintiff. I and
    defendant along with order of construction and repair order.
    Exh.11(colly) -Original  payment receipts issued by the builder i.e.
    Sai Shrishti builders and developers.
    Exh.12(colly) at page no.17 to 22 -Cheques of ICICI bank,
    amounting Rs.100000/-(Rs, one lakh) each, (1) Cheque No.075403,
    dated 28.01.2017, amount Rs.100000/- (2) Cheque No.075404,
    dated 26.02.2017, amounting Rs.100000/- and (3) Cheque
    No.075404, dated 30.03.2017, amounting Rs.100000/- issued by
    the defendant colly.
    Exh.13(colly) -2 Advocate’s notices dated 15.05.2017 and
    23.07.2017 along with return packets and acknowledgments, postal
    receipts colly.
    Matter already stands adjourned to 29.09.2023 now for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Adv.Priti Shukla present for plaintiff.
    None present for defendant.
    KB.
    L.O. at 1.07 pm.
    Adv.Bipin Pathak present for plaintiff.
    Heard the counsel of plaintiff.
    Matter stands adjourned for argument on 9-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: None present.
    KB.
    L.O. at 5.00 pm.
    Adv. Priti Sharma h/f Adv. Vipin Pathak present for plaintiff.
    Matter stands adjourned for argument on 06-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: None present.
    KB.
    L.O. at 4.00 pm.
    None present.
    Matter stands adjourned for argument on 14-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: None present.
    KB.
    L.O. at 12.10 pm.
    Adv.Salomi Jadhav present for plaintiff,
    None present for defendant.
    KB.
    L.O. at 1.16.
    Adv.Salomi Jadhav present for plaintiff, tendered written notes of argument TOR marked as Exh.14 and she also tendered evidence closing pursis TOR marked as Exh.15.
    Matter stands adjourned for argument on 19-04-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: None present.
    Kept back.
    Later On at 5.00 pm.
    None present.
    Matter stands adjourned for argument on 11-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: Adv.Salomi Jadhav h/f Vipin Pathak present for plaintiff.
    None present for defendant.
    Matter stands adjourned for futher argument on 24-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: None present.
    Matter stands adjourned for argument on 03-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-07-2024
    
    Date: 03-07-2024
    Business: P. O. is on Leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: None present.
    Kept back.
    L.O. at 4.00 pm
    None present.
    Matter stands adjourned for argument on 23-09-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: None present.
    Kept back.
    L.O. at 4.00 pm.
    None present.
    Matter stands adjourned for argument on 17-10-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-10-2024
    
    Date: 17-10-2024
    Business: None present.
    Kept back.
    Later on 4.00p.m
    Matter stands adjourned to 12.11.2024 for  Argument/ Steps.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: None present.
    Kept back.
    Later on at 4.00 pm.
    Matter stands adjourned for arguments on 06-12-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-12-2024
    
    Date: 06-12-2024
    Business: None present.
    Kept back.
    Later on at 3.15 pm.
    None present.
    Matter stands adjourned for arguments on 08-01-2025.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: As court is vacant. Hence, matter is adjd. to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-03-2025
    
    Date: 27-03-2025
    Business: court is vaccant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-04-2025
    
    Date: 21-04-2025
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: None present.
    Kept back.
    Later on at 4.00 pm
    None present.
    Matter stands adjourned to 14-08-2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-08-2025
    
    Date: 14-08-2025
    Business: Adv. Vipin Pathak present for plaintiff.
    None present for defendant.
    kept back.
    Later on at 12.30 pm.
    Adv. Vipin Pathak present for plaintiff.
    None present for defendant.
    Matter stands adjourned to 06-10-2025 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-10-2025
    
    Date: 06-10-2025
    Business: As presiding officer is attending official training at Uttan. Hence matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-11-2025
    
    Date: 17-11-2025
    Business: None present.
    Ex-parte Judgment Exh.16
    FRSR following order is passed
    ORDER
    1.Summary Suit No.858 of 2018 is decreed with costs.
    2.Defendant shall pay an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) to plaintiff with interest at the rate of 8 percent p.a. from the date of suit till the date of decree with further interest at the rate of 6 percent p.a. from the date of decree till realization of the amount.
    3.Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 17-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102270/2018
    Filing Date: 09-02-2018
    First Hearing Date: 15th October 2018
    Decision Date: 17th November 2025
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    17 Nov 2025

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Sum Suit No.858/2018 MHCC010021122018 Presented on : 09/02/2018 Registered on : 20/08/2018 Decided on : 17/11/2025 Duration : 07 Y : 09 M : 08 D Exhibit : 16 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMARY SUIT NO.858 OF 2018 Miss. Laxmidevi M. Bist, Adult, Occ.: Service, residing at flat No.805, Soham Apartment, Gate No.3, Gufa Road, Andheri (East), Mumbai – 400060. ] ] ] ] ..Plaintiff Versus Mr.…

    Read Full Order
    Order 1Full order available
    17 Nov 2025

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Sum Suit No.858/2018 MHCC010021122018 Presented on : 09/02/2018 Registered on : 20/08/2018 Decided on : 17/11/2025 Duration : 07 Y : 09 M : 08 D Exhibit : 16 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMARY SUIT NO.858 OF 2018 Miss. Laxmidevi M. Bist, Adult, Occ.: Service, residing at flat No.805, Soham Apartment, Gate No.3, Gufa Road, Andheri (East), Mumbai – 400060. ] ] ] ] ..Plaintiff Versus Mr.…

    Read Full Order

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