Order 1

Order Details: Order below exhibit
Pdf Text: ..1.. OBE-03 in Sum Suit 427/2018
MHCC010030812018
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
ORDER BELOW EXHIBIT-03
IN
SUMMARY SUIT NO.427 OF 2018
MRS. JENNIFER FRANCIS D’SOUZA
Occupation : Housewife, residing at 4, G.B. Alex
Chawl/Compound, Vidya Vihar (West), Station Road,
Mumbai – 400 086.
]
]
]
] ..Plaintiff
Versus
SHERLOCK D’SOUZA,
Occ: Builder, residing at Gasper House No.220/A,
Christian Village Ward, Old Kurla, Kurla (West),
Mumbai – 400 070.
]
]
]
] ..Defendant
Appearance :-
Ld. Adv. V.E. Pereira for plaintiff.
Ld. Adv. Vedraj Pal for defendant.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 13/11/2025.
O R D E R
1) This summary suit is filed for recovery of amount, contending
that an agreement for sale dated 30/07/2014 was executed between
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defendant and plaintiff. Defendant had agreed to sell room situated at
Kurla (West), Mumbai. Accordingly, plaintiff paid amount of
Rs.10,50,000/- was paid to defendant. As defendant failed to give
possession, plaintiff filed complaint with Vinobha Bhave Police Station
for cheating. Defendant issued four cheques totaling to Rs.3,50,000/-
towards the repayment of consideration amount. On presentation, the
cheques got dishonoured. Defendant has failed to pay outstanding
amount of Rs.3,50,000/-. Defendant is liable to pay the interest at the
rate of 15% p.a. Hence, this summary suit for recovery of
Rs.4,03,750/-.
2) First writ of summons was served upon the defendant.
Accordingly, defendant appeared in the Suit. Plaintiff took out the
summons for judgment against the defendant. Thereafter, the
summons for judgment was served upon the defendant. Thereafter,
plaintiff has filed pursis for withdrawal (Exh-03) stating that defendant
has paid entire due amount of Rs.4,00,000/- and plaintiff does not
want to proceed with the matter. The contents of withdrawal
application are verified in open Court. Hence, I pass the following
order :
ORDER
1. Application (Exh-03) for withdrawal is allowed with
liberty to the plaintiff to file fresh Suit vide Order
XXIII Rule 1(3) of CPC.
2. Summary Suit No.427 of 2018 is disposed of as
withdrawn.
3. Parties to bear their own costs.
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4. Court fees, if any, be refunded as per rule.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 13/11/2025.
Dictated and typed on : 13/11/2025.
Signed by HHJ on : 13/11/2025.
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..4.. OBE-03 in Sum Suit 427/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer14/11/2025 05.30 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
13/11/2025
JUDGMENT / ORDER signed by P.O.
on
13/11/2025
JUDGMENT / ORDER uploaded on 14/11/2025
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