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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sunkappa Gurappa JadhavVsRafel Kashinath Salve

CNR MHCC01002410202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 01st September 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100248/2020
Registration Date
05 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 30-06-2020
    
    Date: 30-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rain declare holiday hence matter adjd to 26-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 26-09-2020
    
    Date: 26-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: PO is on special leave
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Plaintiff present. His advocate B. S. Patil present.
    He filed joint affidavit of service of writ of summons.
    Service incomplete.
    Plaintiff to take steps.
    Adjd to 03/05/2021 for taking steps.
    Next Purpose: REPORT
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: By preceipe
    Adv. B.S.Patil for plaintiff filed draft NM @ affidavit. Leave granted to register. Copy be served to other side.
    On oral request issue fresh writ of summons.
    Adjd already to 03-05-2021
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv B S Patil for plaintiff present
    He filed original writ of summons t.o.r.
    He also filed registered motion NM 1062/2021 with service affidavit. He submits that he does not want to press the NM. On his return submission on NM, it is disposed of.
    Service affidavit of writ of summons filed at Exh.05. Defendant is served in person but refused to sign the writ. Suit to proceed ex-parte against defendant as he failed to appear.
    Matter is adjd to 20.11.2021 for ex-parte hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: None present.
    KB at 11.47 a.m.
    L.O. at 03.07 p.m
    Son of plaintiff present and tendered evidence of affidavit t.o.r. and marked as Exh.6, list of documents  t.o.r. and marked as Exh.7 and evidence close pursis  t.o.r. and marked as Exh.8.
    Matter is adjd. to 04/01/2022 for marking of documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv. Mr. Patil fort the plaintiff present.
    None for defendant.
    Roznama dated 13/10/2021 shows that NM No.1062/2021 is already disposed of. Therefore, NM N.1062/2021 is removed from CIS.
    Matter is adjd. to 10/02/2022 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  25-03-2022 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: P.O. is on leave
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: Advocate Mr. B.S. Patil for plaintiff present.
    None for defendant.
    Matter is adjd. for marking of document to 26-04-2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Advocate Mr. B.S. Patil for plaintiff present.
    None for defendant.
    Exh.09-An original dishonored demand promissory note for Rs. 2,00,000/- dated 11th August, 2018.TOR Document at Sr. No. 1.
    Exh.10-Plaintiff\''s advocates notie sent to defendant dated         03rd January, 2019 @ two postal receipts, and one return packet and an Ad. card. TOR Document at Sr. No. 3.
    Matter is adjd. for ex-parte arguments to 20-06-2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: P.O.is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv G.S.Patil for plff present.
    None for defendant.
    Adjd to 10/8/2022 for argument.
                                                                                          Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    
    Date: 05-11-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    
    Date: 14-08-2023
    Business: P.O. is on Leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None present.
    Matter stands adjourned for further argument on 01-09-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Balbheem Patil for plaintiff is present.
    None present for defendant.
    Heard argument.
    Exh-11-Judgment.
    F. R. S. R. following order is passed.
    ORDER
    1.	Summary Civil Suit No.248/2020, is hereby partly decreed with costs.
    2.	Plaintiff is entitled to recover an amount of Rs.2,00,000/- alongwith interest at the rate of 9% per annum, from the date of default i.e. notice issued by the advocate of plaintiff on 03/01/2019, till its full realisation from the defendant.
    3.	Court fees, if any, be refunded as per rule.
    4.	Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 01-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102583/2020
    Filing Date: 25-02-2020
    First Hearing Date: 29th April 2020
    Decision Date: 01st September 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.248/2020 MHCC010024102020 Presented on : 25/02/2020 Registered on : 05/03/2020 Decided on : 01/09/2023 Duration : 03Y 06M 06D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.11 SUMMARY CIVIL SUIT NO.248 OF 2020 Mr. Sunkappa Gurappa Jadhav, of Mumbai, an adult Indian Inhabitant, Occupation :- carrying money lending business at Lal Patra Chawl, No.251, Room No.10, Cross Road, Dharavi, Mumbai-400 017. ] ] ] ] ] ..Plaintiff…

    Read Full Order

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