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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Mrs. Sandhya Rajiv GandhiVsMr. Parasmal Jain +1 more

CNR MHCC01002404201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th March 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100078/2019
Registration Date
04 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-03-2019
    Business: Matter transferred from Cr. no.09.
    Both parties and their counsel absent.
    R and P not received from Cr.no.09.
    Adj. For hearing of SJ 78/19 on 28/06/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: None present.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    Matter adjd to 29.07.2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 28-06-2019
    Business: None present.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    Matter adjd to 29.07.2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: matter is adjourned
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: None present.
    Matter adjd for Argument to17.09.2019
    L.O. at 4.00pm
    Adv. Jaiswal for plaintiff present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-09-2019
    
    Date: 20-08-2019
    Business: None present.
    Matter adjd for Argument to17.09.2019
    L.O. at 4.00pm
    Adv. Jaiswal for plaintiff present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: None Present
    Matter adjourned for S/J. Arguments to 17.12.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 11-11-2019
    Business: None Present
    Matter adjourned for S/J. Arguments to 17.12.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: None present.
    Matter adjourned for S/J Hearing to 18/02/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 17-12-2019
    Business: None present.
    Matter adjourned for S/J Hearing to 18/02/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 08.04.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 18-02-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 08.04.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 20-04-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 11-05-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 30-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-09-2020
    
    Date: 12-06-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-11-2020
    
    Date: 05-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Due to Covid-19 Pendemic none appeared
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 09-11-2020
    Business: Due to Covid-19 Pendemic none appeared
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 23.04.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 18-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 23.04.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 04/08/2021 for S/J Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 23-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 04/08/2021 for S/J Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to  26.08.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 04-08-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to  26.08.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per circular declared as Holiday
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Both parties and advocates are absent.
    Matter is adjd to 13.12.2021 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 27-11-2021
    Business: Both parties and advocates are absent.
    Matter is adjd to 13.12.2021 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None present.
    Matter is adjd to 03.01.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 13-12-2021
    Business: None present.
    Matter is adjd to 03.01.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: None present.
    Matter is adjd for SJ hearing to 28.01.2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 03-01-2022
    Business: None present.
    Matter is adjd for SJ hearing to 28.01.2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: None present.
    Matter is adjd for SJ hearing on 06.04.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 28-01-2022
    Business: None present.
    Matter is adjd for SJ hearing on 06.04.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 24/08/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-08-2022
    
    Date: 12-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 24/08/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: As Court busy in dictating order in SJ No.38 of 2017, hence board is discharged.
    Matter adjourned to 04.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 24-08-2022
    Business: As Court busy in dictating order in SJ No.38 of 2017, hence board is discharged.
    Matter adjourned to 04.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: None for plaintiff.
    None for defendant.
    Record reveals that though the SJ is filed, no service affidavit of SJ is filed.  Plaintiff to comply the same.
    Matter is adj to 24/01/2023 for service affidavit of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: As court is busy in argument in High Court time bound matter SJ No.86/2015 in Summary Civil Suit No.1476/14, matter is adj to 28/03/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2023
    
    Date: 24-01-2023
    Business: As court is busy in argument in High Court time bound matter SJ No.86/2015 in Summary Civil Suit No.1476/14, matter is adj to 28/03/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating judgment in Summary Civil Suit No.599 of 2016 and recording evidence in Sessions Case No.463 of 2019, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 13/06/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-06-2023
    
    Date: 28-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating judgment in Summary Civil Suit No.599 of 2016 and recording evidence in Sessions Case No.463 of 2019, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 13/06/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and her counsel absent.
    Matter is adj to 04.09.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-11-2023
    
    Date: 04-09-2023
    Business: court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    It was observed on 04.11.2022 that no service affidavit of SJ has been filed  and plaintiff was directed to comply the same and then the matter was adjourned to 24.01.2023, 28.03.2023, 13.06.2023, 04.09.2023 and then to 02.11.2023. On all these adjourned dates the plaintiff did not take steps to serve the SJ on the defendant. It is appearing that SJ was filed. It is appearing that leave to register the SJ was granted on 01.10.2018. The plaintiff is not appearing keen to serve the SJ on the defendant.
    Matter is adj to 02.12.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2023
    
    Date: 02-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    It was observed on 04.11.2022 that no service affidavit of SJ has been filed  and plaintiff was directed to comply the same and then the matter was adjourned to 24.01.2023, 28.03.2023, 13.06.2023, 04.09.2023 and then to 02.11.2023. On all these adjourned dates the plaintiff did not take steps to serve the SJ on the defendant. It is appearing that SJ was filed. It is appearing that leave to register the SJ was granted on 01.10.2018. The plaintiff is not appearing keen to serve the SJ on the defendant.
    Matter is adj to 02.12.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 06-01-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 02-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 06-01-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps to serve summons for judgment on defendant.
    Matter is adj to 17.02.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps to serve summons for judgment on defendant.
    Matter is adj to 17.02.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent. The matter is very old. adjourned for dismissal order.
    Matter is adj to 16/03/2024 for dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 17-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent. The matter is very old. adjourned for dismissal order.
    Matter is adj to 16/03/2024 for dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 11.56 am
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 1.55 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused roznama, it appears that matter is pending for hearing on summons for judgment since 20.08.2019. The plaintiff failed to file original documents and affidavit of service of summons for judgment to the defendants. Even, parties failed to argue on summons for judgment since long. It appears that plaintiff is not interested in conducting the matter. The matter is old. Therefore, no purpose would served for keeping the matter pending. Hence, I proceed to pass following order-
    Order
    1.   Suit No.284 of 2018 is dismissed in default for want of   prosecution.
    2.     Pending summons for judgment No. 78 of 2019 is also disposed of .
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 16-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102332/2019
    Filing Date: 04-03-2019
    First Hearing Date: 26th March 2019
    Decision Date: 16th March 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Mar 2024
    Order Details: Other
    Pdf Text: 12
    16/03/2024
    SUM
    284/18 @ SJ
    78/19
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 11.56 am
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 1.55 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused roznama, it appears that matter is pending for hearing
    on summons for judgment since 20.08.2019. The plaintiff
    failed to file original documents and affidavit of service of
    summons for judgment to the defendants. Even, parties failed
    to argue on summons for judgment since long. It appears that
    plaintiff is not interested in conducting the matter. The matter
    is old. Therefore, no purpose would served for keeping the
    matter pending. Hence, I proceed to pass following order:-
    Order
    1. Suit No.284 of 2018 is dismissed in default for want of
    prosecution.
    2. Pending summons for judgment No. 78 of 2019 is also
    disposed of .
    Judge
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