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SUMMARY CIVIL SUIT - SUMMARY SUIT

Prerna PatelVsM/s. Richa Realtors +2 more

CNR MHCC01003321201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 05th March 2025

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100499/2018
Registration Date
17 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. to 25/10/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Matter transferred from Cr. no. 28.
    Plff inperson Present.
    None Present for the Deft.
    Plff inperson filed Draft SJ alongwith affidavit.
    Order- Heard. Leave Granted. SJ be registered. Copy be served upon otherside. Service affidavit be filed.
    Adj. For SJ returnable and Service affidavit on 25/01/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: As P.O. is on Leave
    Matter is Adjd for S/J 349/18 on 25/2/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Adv for deft.Mr..Prasad Apte present
    Matter is Adjd for Affidavit of Service for S/J 349/18 on 22/03/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: Matter transferred from Cr. no.09.
    None present for the plaintiff.
    Adv. Prasad Apate for defendant present.
    Matter adjd. For Service affidavit of SJ no. 349/18 to 09.07.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-07-2019
    
    Date: 09-07-2019
    Business: As the court is on leave
    Board is discharged and the
    matter stands adjd. To 18.09.2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: P.O. is on leave. BOard is discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Plaintiff and his adv. absent.
    Adv. Chals for defendant present.
    Matter adj for Service to 25/02/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. K.M. Sawala for plff. Present.
    Adv. Prasad Apte for deft. Present.
    Adv. For the plff. tendered register S/J no. 349/18 @ affidavit in support. t.o.r.
    Matter is adjd to 03.04.2020 at 12.00 p.m. for hearing of S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Amit Mishra I/b Prasad Apte for deft. No. 1, 2 and 3 Present.
    L.O. At. 11.50 a.m.
    Adv. K. M. Savid I/b Manish P. Jagani for plff. Present.
    Matter is adjd to 15.03.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: P.O. IS ON LEAVE
    Matter is adjd to 09.06.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Due to Covid-19 Pendamic lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Manish Jagani for the plff present.
    Adv. For the plff filed rejoinder to the reply of the defendant S/J. t.o.r.
    Order- seen and filed.
    Defendant is granted last chance to argue the S/J.
    L.O. at 03.12 p.m.
    Adv. Dinesh Shinde for the deft present.
    Matter is adjd to 23.08.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Court is Vacant.
    Matter is adjd to 25.10.2021 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: P.O is on leave hence, matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Adv Jagani for plaintiff present.
    Matter is adjd for SJ hearing to 05-02-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Adv Mr. Manish Jagani for plaintiff present.
    C.A. of plaintiff Mr. Kiran Kadam present.
    Court is busy in order dictating in Summary Suit Nos. 535 of 2017, 24 of 2021 and 53 of 2021. Hence board is discharged.
    Matter is adjd for SJ hearing on 19-04-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. Mr. K. M. Savla for Plaintiff present.
    Adv. Ms. Prerna Patel for Defendant present and seeks time to argue on SJ.  Time granted as a last chance.
    Matter adjourned to 20/08/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 21.10.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv.Manish Jagani for plaintiff present and ready for hearing on SJ. However, none present for defendant. Matter is adj to 23/11/2022 for hearing on SJ as a last chance.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None for plaintiff.
    Adv.Apte for defendant  present.
    As Court is busy in argument in SC 672/19, recording evidence in SC 1996/19 and SC 1905/19, hence second session board is discharged.
    Matter is adj to 25/01/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: As Court is busy in dictating judgment in Suit No.6747 of 2005, remaining second session board is discharged, matter is adj to 11/04/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 11/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. K. M. Savla i/b Manish Jagani for plaintiff and Adv. Prasad Aple for defendant are present and they both requested for adjournment.
    Matter is adj to 18.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ms. Kiran P. Chandorkar i/b Adv. Prasad Apte for defendants is present.
    As court is busy in recording evidence in SC No. 463/2019 and hearing final arguments in SC No. 616/2020, remaining afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, application etc, if any.
    Matter is adj to 12.01.2024 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Savala h/f Adv. Manish Jagani for plaintiff is present.
    Adv. Prasad Apte for defendant is present and filed and adjournment application. Taken on record. It is marked as Exh-2. O-Other side to say.
    Counsel for the plaintiff submitted say on overleaf of the application Exh-2. He has no objection for short adjournment.
    Heard Counsel for both sides.  Adjournment is granted as a last chance.
    Matter is adj to 05.02.2024 for summons for judgment hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-02-2024
    
    Date: 05-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jagani for plaintiff is present.
    Adv. Prasad Apte for defendants is present.
    Keep back.
    Later on at 1.15 pm
    Adv. Jagani for plaintiff is present and filed list of documents with certified copies of documents. Taken on record. It is marked as  Exh-3.
    Adv. Prasad Apte for defendants is present.
    Heard counsel for plaintiff on summons for judgment No.349/18.
    Matter is adj to 08.02.2024 for hearing on summons for judgment at 3.30 pm.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 3.15 pm
    Adv. Jagani for plaintiff is present.
    Adv. Prasad Apte for defendant is present.
    Heard counsel for the defendant on summons for judgment. The defendant has filed case laws.  The Ld. counsel for the plaintiff submitted that he want to reply to case laws filed by the defendant.
    Matter is adj to 22.02.2024 for reply on case laws filed by the defendant at 3.30 pm.
    Next Purpose: REPLY
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 3.00p.m.
    Adv Mr Manish Jagani  for plaintiff is present and argued on caselaws filed by the defendant. He also filed an application to produce documents.  Taken on record. It is marked as Exh.04.
    Adv Mr. Prasad Aapte for defendant is present.
    Heard both parties on SJ No.349 of 2018.
    Matter is adjd to 12.03.2024 for further argument on SJ/order on SJ.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adj to 19.03.2024 for further arguments/order on summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Manish Jagani for plaintiff is present.
    FRSR following order is passed on SJ No.349/18
    Order
    1.Summons for judgment  No.349 of 2018 in Summary Suit No. 499/2018  is disposed as follows.
    (a)Leave to defend the suit is granted to the defendants subject to condition that they shall deposit an amount of Rs. 17,00,000/- within 30 days from the date of this order.
    (b)After depositing said amount, defendants will be at liberty to file their written statement on record within 30 days.
    2.Summons for judgment No. 349 of 2018 be disposed of accordingly.
    Matter is adj to 19.06.2024 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-06-2024
    
    Date: 19-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Husband of plaintiff is present and he has filed non-deposit certificate and claim affidavit. Taken on record. They are marked as Exh-4 and 5 respectively.
    The defendant and his counsel are absent.
    Order below Exh-4
    On perusing said certificate, it appears that the defendant failed to deposit an amount of Rs.17,00,000/- as per order dated 19.03.2024 passed in Summons for judgment No.349/2018. Hence, matter be proceeded further.
    Matter is adj to 26.07.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff is given last chance to proceed with matter.
    Matter is adj to 26.08.2024 for for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-08-2024
    
    Date: 26-08-2024
    Business: COURT IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: P.O. IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-01-2025
    
    Date: 22-01-2025
    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 12.14 pm
    Adv. Jagani for plaintiff is present.
    The defendant and his counsel are absent.
    Heard final argument of counsel for plaintiff
    Matter is adj to 04.02.2025 for defendant's argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Manish Jagani for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 11.55 pm
    Both parties and their advocate are absent.
    Defendant is given last chance to argue the matter.
    Matter is adj to 20.02.2025 for argument by defendant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Defendant was given last chance to argue the matter. Defendant failed to the argue matter hence, matter will be kept for judgement.
    Matter is adj to 05/03/2025 for
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Ex-parte judgment is marked as Exh-6
    FRSR following order is passed
    Order
    1.The Summary Suit No. 499 of 2018 is decreed with costs.
    2.The defendants shall jointly and severally pay to the plaintiff an amount of Rs. 21,25,000/- (Rupees Twenty Lakhs Twenty Five Thousand only).
    3.The plaintiff is entitled to simple interest on the amount of Rs. 17,00,000/- at the rate of 7 percent p.a. from 08/03/2018 i.e. the date of filing the suit till its full realization.
    4.The plaintiff may be entitled to get refund of the court-fees paid by them, if any provided for in rules.
    5.The decree shall be drawn accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 05-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103699/2018
    Filing Date: 08-03-2018
    First Hearing Date: 09th July 2018
    Decision Date: 05th March 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Mar 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010033212018 Presented on 08/03/2018 Registered on 17/04/2018 Decided on 05/03/2025 Duration 06Y: 11M: 28D Exhibit 6 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO.499 OF 2018 Prerna Patel, ] age 55 years, through her ] Constituted Attorney ] Kiran Ambalal Patel, residing at ] 501/502, Anmol Apart., 5th floor, ] 89 Sakharam Kher Marg, ] Mahim, Mumbai-400 016. ]...Plaintiff V/s. 1. M/s. Richa Realtors, ] a Partnership Firm having ] Office…

    Read Full Order
    Order 1Full order available
    05 Mar 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010033212018 Presented on 08/03/2018 Registered on 17/04/2018 Decided on 05/03/2025 Duration 06Y: 11M: 28D Exhibit 6 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO.499 OF 2018 Prerna Patel, ] age 55 years, through her ] Constituted Attorney ] Kiran Ambalal Patel, residing at ] 501/502, Anmol Apart., 5th floor, ] 89 Sakharam Kher Marg, ] Mahim, Mumbai-400 016. ]...Plaintiff V/s. 1. M/s. Richa Realtors, ] a Partnership Firm having ] Office…

    Read Full Order

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