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SUMMARY CIVIL SUIT - SUMMARY SUIT

Dhiraj Ganpat RaneVsPrakash Kailash Narayan Malhotra

CNR MHCC01002442202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 29th August 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100311/2021
Registration Date
18 Mar 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 07-06-2021
    Business: In view of Office Order No. 81 dated 17-04-2021 and Office Order No. 100 dated 04-06-2021 only urgent matter is taken up. Hence board discharged.
    Next Purpose: REPORT
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present.
    Matter adjd for report to 25-10-2021.
    Next Purpose: REPORT
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Ms. Nirmala Gopal for plaintiff present.
    None for defendant.
    Exh. 02 application for issuance of fresh Writ of Summons.
    O-Issue fresh Writ of Summons.
    Matter adjd for Service affidavit to 22/12/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. Nirmala Gopal for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 11/03/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: None present.
    Matter Adjd for service affidavit on 08/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: None present.
    Matter Adjd for affidavit of service on 11/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Niramala Gopal for plaintiff present.
    None present for defendant.
    Matter be placed before Lok-adalat.
    Issue notice to defendant.
    Matter Adjd for lok-adalat on 12/11/2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Matter pertains to C.R.No.13
    None present. Hence matter adjourned.
    Matter Adjd to 20/01/2023 in regular court.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: None present.
    Matter Adjd for service affidavit on 20/03/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: None present.
    Matter Adjd for service affidavit on 21/06/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: P. O. is on Training.
    Hence, Matter is Adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: P.O. is on Leave.
    Hence, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: As court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: P.O. is on Trainning
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: None present.
    Matter is adjourned to 24.10.2024 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: None present.
    Matter is adjourned to 07.01.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: P.O is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: None present.
    Matter is adjourned to 21.06.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: None present.
    Matter is adjourned to 10.09.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: None present.
    Matter is adjourned to 03.12.2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-12-2025
    
    Date: 03-12-2025
    Business: P.O is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-02-2026
    
    Date: 03-02-2026
    Business: None present.
    Matter is adjourned to 27.03.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-03-2026
    
    Date: 27-03-2026
    Business: None present.
    Matter is adjourned to 12.06.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-06-2026
    
    Date: 12-06-2026
    Business: None for plaintiff. None for defendant.
    Record shows that without service affidavit and without Ex-parte order matter is posted for Ex-parte evidence.
    Matter is adjourned to 27.07.2026 for Filing service affidavit by plaintiff.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-07-2026
    
    Date: 27-07-2026
    Business: None for plaintiff.
    Plaintiff yet not filed service affidavit on record. Put up suit for dismissal order.
    Matter is adjourned to 29.08.2026 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-08-2026
    
    Date: 29-08-2026
    Business: None for plaintiff.
    Kept back for dismissal order in second session.
    Later on at 04.05  p.m
    Matter was called. None appeared.
    ORDER
    This is a suit of year 2021. During last 5 yeas service affidavit is not filed on record. Since, 22.12.2021 none appeared for plaintiff. Plaintiff never applied for an adjournment. Plaintiff never filed any application for re-issuance of writ of summons. Defendant is not served due to default by plaintiff. It appears plaintiff is not interested in this suit. Hence, suit is dismissed in default. Interim applications if any also stands disposed of. Proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 29-08-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102658/2020
    Filing Date: 26-02-2020
    First Hearing Date: 07th June 2021
    Decision Date: 29th August 2026
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    29 Aug 2026
    Order Details: Other
    Pdf Text: 29.08.2026
    Sr. No.8
    CORAM : H. H. J. P. P. KULKARNI, City Civil Court,
    Mazgaon, Mumbai, Judge (C. R. No. 83).
    SUM SU
    311/2021
    None for plaintiff.
    Kept back for dismissal order in second session.
    Later on at 04.05 p.m
    Matter was called. None appeared.
    ORDER
    This is a suit of year 2021. During last 5 yeas service affidavit
    is not filed on record. Since, 22.12.2021 none appeared for
    plaintiff. Plaintiff never applied for an adjournment. Plaintiff never
    filed any application for re-issuance of writ of summons. Defendant
    is not served due to default by plaintiff. It appears plaintiff is not
    interested in this suit. Hence, suit is dismissed in default. Interim
    applications if any also stands disposed of. Proceeding is closed.
    Judge
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