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SUMMARY CIVIL SUIT - SUMMARY SUIT

Champalal Otarmalji JainVsNeev Realtors and Ors. +4 more

CNR MHCC01003472202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100063/2021
Registration Date
02 Feb 2021
Next Hearing Date
30 Oct 2026
Case Stage
DISMISSAL

Advocates

3

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 37

Case History / Proceedings

Case History
Date: 30-03-2021
Business: Matter pertaining to C.R. No. 13
Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant no.1 and 3 present.
Ld Adv for defendant no.1 and 3 filed draft Notice of Motion along with affidavit t.o.r. O- Heard Ld Adv for defendant no.1 and 3. Leave granted to register NM. Copy be served to other side. Affidavit of service be filed.
Matter adjd for tendering original registered NM along with affidavit and affidavit of service to 27-04-2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Matter adjd for NM to 26.06.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-06-2021

Date: 26-06-2021
Business: In view of Office Order No. 117/2021 dated 24-06-2021, as holiday declared on
26-06-2021, Hence matter is adjd.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
Matter adjd for tendering original registered NM along with affidavit to 05-10-2021.
L.O. at 3.45 pm
Adv Minal Parab for defendant nos. 1 and 3 present.
Ld Adv for defendant nos. 1 and 3 tendered original registered NM no. 1133 of 2021 along with affidavit t.o.r.
Matter adjd for NM reply to 05-10-2021.
Next Purpose: REPLY
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv. Minal Parab for defendant no. 1 and 3 present.
Matter adjd for NM Reply to 12.11.2021.
Next Purpose: REPLY
Next Hearing Date: 12-11-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv. Minal Parab for defendant no. 1 and 3 present.
Matter adjd for NM Reply to 12.11.2021.
Next Purpose: REPLY
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv. Ramesh Jain  for plaintiff present.
None present for defendant.
Ld. Adv. for plff gave say on NM itself.
Matter Adjd for hearing/ NM Order on 14/12/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present for plaintiff.
Adv. Soman for defendant No.1 and 3 present.
Heard Ld. Advocate for defendant No.1 and 3.
Matter Adjd for NM Order on 27/01/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-01-2022

Date: 14-12-2021
Business: None present for plaintiff.
Adv. Soman for defendant No.1 and 3 present.
Heard Ld. Advocate for defendant No.1 and 3.
Matter Adjd for NM Order on 27/01/2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
F.R.S.R. following order in Notice of Motion No. 1133 of 2021 in Summary Suit No. 63 of 2021 is passed :-
ORDER
1. The Notice of motion No.1133 of 2021 is allowed subject to costs of Rs. 1000/- to be paid to the plaintiff within 1 month of this order.
2. On payment of costs the delay in filing Vakalatnama is condoned.
     3.  The defendants shall file their vakalatnama on next date
          without fail.
Matter Adjd for compliance to 15.03.2022.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for plaintiff
Adv. Minal Parab for defendant No.1 and 3 present.
Kb..
Later on at 03.30 pm.
Adv. Ramesh Jain for plaintiff present.
Cost received by advocate for plaintiff.
Exh.03 - Vakalatnama on behalf of defendant. O-filed.
Matter Adjd for steps on 10/06/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None present for plaintiff.
Adv. Meenal Parab for defendant No.1 and 3 present.
Matter Adjd for taking steps on 08/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None present for plaintiff.
Adv. Parab for defendant No.1 and 3 present.
Matter Adjd for steps on 11/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Draft Summons for Judgment alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Summons for Judgment.
Matter Adjd for tendering original registered SJ on 05/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. Ramesh jain for plaintiff present.
Adv. Rakesh Jadhav for defendant No.1 and 3 present.
Ld. Adv. for plaintiff tendered original registered SJ No.318/22.
Matter Adjd for service affidavit of SJ on 16/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Matter Adjd for service affidavit of SJ on 10/03/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Minal Parab for defendant no.1 and 3 present.
Ld. Adv. for defendant no.1 and 2 submitted that, the incomplete copy of the plaint is served to them.
Plaintiff is directed to serve the complete copy of plaint to defendant before next date.
Matter Adjd for affidavit of service on 26/04/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Ramesh Jain  for plaintiff present.
Adv. Meenal Parab for defendant no.1 and 3 present.
Exh.04 - Service affidavit of SJ. O-seen.
Ld. Adv. for defendant no.1 and 3 submitted that the complete copy of plaint I snot yet served to them.
Ld. Adv. for plaintiff to comply the directions dt.10.03.2023.
Ld. Adv. for plaintiff submitted that he had not received any request for supplying complete copy of plaint in writing.
The directions were given in the court as per the roznama                 dt 10.03.2023 on the submission of advocate for defendant no.1 and 3.
Ld. Adv. for plaintiff to take a note.
Matter Adjd for order on 07/07/2023.
Next Purpose: ORDER
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: P.O. is on Leave.
Hence, matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 14-08-2023

Date: 14-08-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: P.O.  is on leave.
Next Purpose: ORDER
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 22-12-2023

Date: 22-12-2023
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Court is vacant.
Next Purpose: ORDER
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Court is Vacant.
Next Purpose: ORDER
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: P.O. is on Leave.
Next Purpose: ORDER
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: P.O is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 18.01.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: None present.
Matter is adjourned to 07.03.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: None present.
Court is busy in dictating judgment in Suit No.4543/2008 and Suit Sum Su 195/2017.
Matter is adjourned to 21.03.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Order - On 26.04.2023 order was passed by the predecessor wherein, direction was given to plaintiff to serve the copy of plaint and documents and advocate of plaintiff directed to take note and was kept for order. The same stage continued. As the matter came before this court after changing assignment, hence, it be now steps by plaintiff.
Matter is adjourned to 14.07.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: Adv. Ramesh Jain for plaintiff present.
Matter is adjourned to 27.10.2025 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: P.O is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Matter is adjourned to 22.04.2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: P.O. is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Adv. Madhuri Shirke for plaintiff present.
None for defendant.
Plaintiff is directed to serve copy of SJ on other side by speed post and filed  service affidavit in respect of SJ on next date.
Matter is adjourned to 11.08.2026 for Affidavit of service of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: None for plaintiff. None for defendant.
Yet plaintiff not served copy of SJ, though its a SJ of year 2022. Put up suit for dismissal order.
Matter is adjourned to 17.09.2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2026

Date: 17-09-2026
Business: None for plaintiff.
Despite of direction plaintiff failed to serve copy of SJ on other side Hence, put up for dismissal order.
Matter is adjourned to 30.10.2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-10-2026

Additional Case Details

Additional Case Details
Filing Number: 103842/2020
Filing Date: 25-06-2020
First Hearing Date: 30th March 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

Orders

0

No order text is available in this record.

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