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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mahendra Govindji ShethVsSadanand S. Loonawat

CNR MHCC01002264201828-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd May 2021

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100385/2018
Registration Date
27 Mar 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: 18-06-2018
    Business: PO is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Adv. Paras Vira for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff has filed application for transfer the present suit under the caption of suit of Senior Citizen.
    Order  Read, heard. As such there is no separate caption for the suit of senior citizen hence, this application is filed and closed of. However, care will be taken for todays disposal of case.
    Matter is adjd. to 13/09/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. To 15/01/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. Paras Vira for Plaintiff present.
    Adv. Suresh Gole for Defendant present.
    Advocate for defendant has filed registered Notice of Motion no.4661/18 alongwith affidavit, TOR.
    Reply filed by plaintiff.
    Read the Notice of Motion no.4661/18 and reply given by the advocate for plaintiff on the orally of said notice of motion.
    Heard. Considering the reason mentioned in the Notice of Motion, it is just and desirable to condone the delay in filing the vakalatnama by the advocate for defendant, hence following order
                 ORDER
    1. Notice of Motion no.4661/18 is allowed.
    2. The delay cause in filing the vakalatnama And giving the appearance by defendant is hereby condoned.
    3. Notice of Motion is disposed of.
    Advocate for plaintiff has filed draft Summons for Judgment alongwith affidavit, TOR.
    Order  Leave is granted to register the S/J.
    Matter is adjd. to 11/02/2019 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Paras Vira for Plaintiff present.
    Defendant present.
    Adv. Gole for defendant present.
    Advocate for plaintiff has filed registered S/J no.39/19 alongwith affidavit, TOR.
    It appears that there is element of settlement between the parties, hence case is referred for mediation.
    Matter is adjd. to 16/03/2019 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Plaintiff present.
    Adv. Kiran Rawat for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 24/04/2019 for Mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-04-2019
    
    Date: 24-04-2019
    Business: Adv for plaintiff Mr.Paras Vira present
    Matter is Adjd for Mediation Report to 06/07/2019
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-08-2019
    
    Date: 06-07-2019
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Plff present.
    Adv Vira for plaintiff present.
    Adv Gole for defendant present.
    Both Advocates have stated that mediation has failed.
    Adj for SJ hearing to 09/09/2019.
    Next Purpose: HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 02-08-2019
    Business: Plff present.
    Adv Vira for plaintiff present.
    Adv Gole for defendant present.
    Both Advocates have stated that mediation has failed.
    Adj for SJ hearing to 09/09/2019.
    Next Purpose: HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: None present.
    Adjd. to 16.10.2019 for exparte hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 09-09-2019
    Business: None present.
    Adjd. to 16.10.2019 for exparte hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: None present.
    Adjd. to 14.01.2020 for SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 16-10-2019
    Business: None present.
    Adjd. to 14.01.2020 for SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Plaintiff is present.
    Adv. Paras N. Vira for plaintiff present and filed rejoinder.
    None from defendant.
    Matter adjd to 15-01-2020 for  Summons for judgment hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Paras Vira for plaintiff present.
    Adv. Suresh Gole for defendant present.
    Matter adjd to 06/02/2020 for hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: p.o. on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 06-02-2020
    Business: p.o. on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. paras vira for plaintiff
    Adv. Suresh Gole for defendant filed reply to SJ 39/19.
    Heard the LD advocates on behalf of both the parties on the NM 3633/19. It appears that the defendant could not filed the reply to SJ within stipulated time. It is contended that as the mediation process was in progress and further due to illness of the defendant, the defendant could not filed reply to the Notice of Motion. The contentions are on the affidavit. Considering the same and in the interest of justice to decide the matter allowing plaintiff\''s reply to the SJ, the notice of motion deserves to be allowed. Hence, the Notice of Motion 3633/19 is allowed subject to cost of Rs.3000/- to be paid to the plaintiff by the defendant.
    The defendant has paid the cost of RS.3000/- to the plaintiff.
    The advocate for plaintiff admitted the same.
    Hence, reply of the defendant to SJ be taken on record.
    Adjd for SJ Hearing to 28-04-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 02-03-2020
    Business: Adv. paras vira for plaintiff
    Adv. Suresh Gole for defendant filed reply to SJ 39/19.
    Heard the LD advocates on behalf of both the parties on the NM 3633/19. It appears that the defendant could not filed the reply to SJ within stipulated time. It is contended that as the mediation process was in progress and further due to illness of the defendant, the defendant could not filed reply to the Notice of Motion. The contentions are on the affidavit. Considering the same and in the interest of justice to decide the matter allowing plaintiff\''s reply to the SJ, the notice of motion deserves to be allowed. Hence, the Notice of Motion 3633/19 is allowed subject to cost of Rs.3000/- to be paid to the plaintiff by the defendant.
    The defendant has paid the cost of RS.3000/- to the plaintiff.
    The advocate for plaintiff admitted the same.
    Hence, reply of the defendant to SJ be taken on record.
    Adjd for SJ Hearing to 28-04-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present
    Adjd to 09-03-2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 15-12-2020
    Business: None present
    Adjd to 09-03-2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Vira for plaintiff
    Defendant present. His advocate absent.
    Adjd on the request of defendant to 03-05-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 09-03-2021
    Business: Adv. Vira for plaintiff
    Defendant present. His advocate absent.
    Adjd on the request of defendant to 03-05-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Matter pertain to C.R. No. 28
    Authorised signatory of the plaintiff present.
    Adv. Mr. Paras Vira for the plaintiff present.
    Adv. Vaibhav Choudhari for the defendant present.
    Adv. For the plaintiff filed application for withdrawal of the suit T.OR. Marked as Exh. 7.
    In view of withdrawal application Exhibit-7, the matter is amicable settled between the parties. Plaintiff received the entire claim amount of the said suit from the defendant. Therefore, the plaintiff wish to withdraw the suit. Hence, suit as well as Summons for Judgment No. 39/2019 is disposed of accordingly. Court fees be refunded as per rules. Proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 03-05-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102435/2018
    Filing Date: 13-02-2018
    First Hearing Date: 18th June 2018
    Decision Date: 03rd May 2021
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    03 May 2021

    Order Details: Order below exhibit Pdf Text: MHCC010022642018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-1 IN SUMMARY SUIT NO. 385 OF 2018 Mahendra Govindji Sheth ….Plaintiff V/s. Sadanand S. Loonawat ….Defendants Appearances:- Adv. Mr. Paras N. Vira for the plaintiff. Adv. Mr. Vaibhav Choudhari for the defendant. CORAM :- HER HONOUR JUDGE SMT SABIHA. G. SHAIKH (C.R.NO.59) JUDGE, CITY CIVIL COURT, GR. BOMBAY (In-charge Court No.28) (Matter Pertains to C.R.No.28) DATE :- 03.05.2021 ORDER BELOW EXH.1…

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    Order 1Full order available
    03 May 2021

    Order Details: Order below exhibit Pdf Text: MHCC010022642018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-1 IN SUMMARY SUIT NO. 385 OF 2018 Mahendra Govindji Sheth ….Plaintiff V/s. Sadanand S. Loonawat ….Defendants Appearances:- Adv. Mr. Paras N. Vira for the plaintiff. Adv. Mr. Vaibhav Choudhari for the defendant. CORAM :- HER HONOUR JUDGE SMT SABIHA. G. SHAIKH (C.R.NO.59) JUDGE, CITY CIVIL COURT, GR. BOMBAY (In-charge Court No.28) (Matter Pertains to C.R.No.28) DATE :- 03.05.2021 ORDER BELOW EXH.1…

    Read Full Order

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