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SUMMARY CIVIL SUIT - SUMMARY SUIT

Bharati R. ShahVsJignesh Shah

CNR MHCC01003795202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ORDER
Decision Date: 02nd April 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100538/2020
Registration Date
14 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Bharati R. Shah

    Respondent

    1. 1Jignesh Shah

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 22-01-2021
    Business: By Praecipe
    Adv Fatima Shaikh h/f Rakesh Agarwal for plaintiff present.
    Adv Cherin Lapashiya I/b Niranjan and Co. for defendant present.
    Ex.02   Ld adv for defendant filed praecipe t.o.r. O- Allowed to take case on todays board from 19-02-2021.
    The ld Adv for defendant submits that defendant received writ of summons along with copy of plaint and annexture on 15-01-2021. Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per said provision defendant has to make his appearance within 10 days from the date of service of writ of summons. According to Ld Adv for defendant writ of summons are served on 15-01-2021. Heard both advocates. Hence, V/N i.e. appearance of defendant can be t.o.r.
    Ex.03   Ld adv for defendant filed V/N t.o.r. O- In view of todays roznama V/N is seen and filed.
    Matter already adjd on 20-02-2021.
    Next Purpose: REPORT
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Aditi Bhat for plaintiff present.
    Adv. Cherin Lapashiya I/b Niranjan and co. for defendant present.
    Today matter is for report.
    She seeks time to file affidavit of service. Time granted till next date.
    Matter adjd for service affidavit to 23-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    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.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Adv. Fatima Shaikh h/f Rakesh Agarwal for plaintiff present.
    None for defendant.
    Ex.04   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    Ld Adv for plaintiff tendered draft summons for judgement along with affidavit t.o.r. O- Leave granted.
    Matter adjd for tendering original registered SJ along with affidavit to 04-09-2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv. Fatima Shaikh h/f Rakesh Agarwal for plaintiff present.
    None for defendant.
    Ld adv for plaintiff tendered original registered SJ no. 66 of 2021 along with affidavit t.o.r.
    Matter adjd for SJ reply to 11-11-2021.
    Next Purpose: REPLY
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv. Rahul Tiwari for plaintiff present.
    Adv. Cherin N. Lapashiya I/b Niranjan and Co. for defendants present.
    Adv. For plff served copy of SJ to Adv. of deft today in court.
    Matter Adjd for SJ Reply on 15/01/2022.
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: By Praecipe
    Adv. Cherin Lapashiya for defendant present.
    Exh.05- Application for taking matter on today\''s board. O-allowed.
    Adv. For defendant filed reply to SJ. O-seen.
    Matter Already adjd to 15/01/2022 for SJ Hearing.
    Next Purpose: REPLY
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: P. O. is on leave
    Next Purpose: REPLY
    Next Hearing Date: 01-03-2022
    
    Date: 15-01-2022
    Business: P. O. is on leave
    Next Purpose: REPLY
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Darpan Jain for plaintiff present.
    Adv. Cherin Lapashiya for defendant present.
    Copy of SJ reply served to advocate for plaintiff today in court.
    Matter Adjd for SJ Hearing on 18/04/2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 01-03-2022
    Business: Adv. Darpan Jain for plaintiff present.
    Adv. Cherin Lapashiya for defendant present.
    Copy of SJ reply served to advocate for plaintiff today in court.
    Matter Adjd for SJ Hearing on 18/04/2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None present for plaintiff
    Adv. Cherin Lapashiya I/b Niranjan & Co. for defendant present.
    Draft chamber summons alongwith affidavit in support tendered by defendant.
    Order - Leave is granted to register the chamber summons.
    Matter Adjd for tendering original registered CS on 05/07/2022.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Rakesh Agrawal for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 03.20 pm.
    None present for defendant
    Matter Adjd for SJ Hearing and for tendering original registered CS on 19/08/2022.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Darpan Jain for plaintiff present.
    Adv. Cherin N. Lapashiya I/b Niranjan & Co. for defendant present.
    Ld. Adv. for defendant tendered original registered CS No.817/22. TOR.
    Copy of CS supplied to Adv for plaintiff  today in court.
    Matter Adjd for CS reply on 11/10/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv. Anant Kumar Singh for plaintiff present.
    Adv. Cherin N. Lapashiya I/b Niranjan and Co. for defendant present.
    Ld. Adv. for plaintiff filed reply to CS No.817/2022 and rejoinder to SJ reply.
    Copy of CS reply and rejoinder to SJ supplied to Adv for defendant today in court.
    Matter Adjd for CS Hearing on 30/11/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Adv. Jain for plaintiff present.
    Adv. Cherin Lapasiya for defendant present.
    Ld. Adv. for defendant filed rejoinder to CS.
    Copy of rejoinder supplied to Adv for plaintiff today in court.
    Matter Adjd for CS Hearing on 30/01/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv. Rakesh Agarwal A/w Adv. Darpan Jain for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 03.37 pm.
    None present for defendant.
    Matter Adjd for CS Hearing on 16/02/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Adv. Rakesh Agarwal for plaintiff present.
    None present for defendant.
    Kb..
    Later on.
    Defendant absent till 03.20 pm. Hence put up for dismissal of CS.
    Matter Adjd for CS dismissal on 20/03/2023.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-03-2023
    
    Date: 16-02-2023
    Business: Adv. Rakesh Agarwal for plaintiff present.
    None present for defendant.
    Kb..
    Later on.
    Defendant absent till 03.20 pm. Hence put up for dismissal of CS.
    Matter Adjd for CS dismissal on 20/03/2023.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Adv. Darpan Jain h/f Adv. Rakesh Agrawal  for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 03.10 pm.
    Adv. Cherin N. Lapashiya I/b Niranjan and Co. for defendant No.1, respondent no.2 to 4 present.
    Later on at 03.50 pm.
    Plaintiff absent.
    On the oral request by Ld. Adv. for defendant permission is granted to argue chamber summons.
    Heard learned advocate for defendant.
    Matter Adjd for hearing of Plaintiff on CS on 28/04/2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-04-2023
    
    Date: 20-03-2023
    Business: Adv. Darpan Jain h/f Adv. Rakesh Agrawal  for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 03.10 pm.
    Adv. Cherin N. Lapashiya I/b Niranjan and Co. for defendant No.1, respondent no.2 to 4 present.
    Later on at 03.50 pm.
    Plaintiff absent.
    On the oral request by Ld. Adv. for defendant permission is granted to argue chamber summons.
    Heard learned advocate for defendant.
    Matter Adjd for hearing of Plaintiff on CS on 28/04/2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Adv. Jain for plaintiff present.
    Adv. Niranjan Lapashiya I/b Niranjan and Co. for defendant present.
    Matter Adjd for CS Hearing on 06/07/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 28-04-2023
    Business: Adv. Jain for plaintiff present.
    Adv. Niranjan Lapashiya I/b Niranjan and Co. for defendant present.
    Matter Adjd for CS Hearing on 06/07/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2023
    
    Date: 06-07-2023
    Business: P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: P. O. is on leave.
    Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 30-08-2023
    Business: P. O. is on leave.
    Hence, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: P. O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 12-10-2023
    Business: P. O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: P.O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2024
    
    Date: 07-12-2023
    Business: P.O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: Court is Vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 08-02-2024
    Business: Court is Vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: Adv Darpah Jain i/b Adv Rakesh Agarwal for plaintiff is present.
    Matter stands Adj for on 21.06.2024
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 03-04-2024
    Business: Adv Darpah Jain i/b Adv Rakesh Agarwal for plaintiff is present.
    Matter stands Adj for on 21.06.2024
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: P.O. is on Training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-08-2024
    
    Date: 21-06-2024
    Business: P.O. is on Training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: Adv. Darpan Jain for plaintiff present.
    Matter is adjourned to 29.11.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2024
    
    Date: 16-08-2024
    Business: Adv. Darpan Jain for plaintiff present.
    Matter is adjourned to 29.11.2024 for Ch/s Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2024
    
    Date: 29-11-2024
    Business: Adv. Darpan Jain for plaintiff present.
    None present for defendant.
    Matter is adjourned to 21.02.2025 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2025
    
    Date: 29-11-2024
    Business: Adv. Darpan Jain for plaintiff present.
    None present for defendant.
    Matter is adjourned to 21.02.2025 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: Adv. Darpan Jain for plaintiff present.
    None for defendant.
    F. R.S.R. following order is passed.
    ORDER ON CH/S No.817/22
    1.Chamber Summons No.817 of 2022 is dismissed.
    2.Chamber Summons No.817of 2022 is disposed of.
    Matter is adjourned to 25.04.2025 for SJ hearing.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: Adv. Darpan Jain for plaintiff present and filed compilation of documents in respect of SJ taken on record and marked as Exh.05. Order - Be filed.
    Order - The two original passbooks of which xerox copies are filed are returned back after verifying.
    Copy of compilation for other side filed on record.
    Matter is adjourned to 18.07.2025 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-07-2025
    
    Date: 18-07-2025
    Business: Court is on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-10-2025
    
    Date: 10-10-2025
    Business: None present.
    Matter is adjourned to 18.12.2025 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-12-2025
    
    Date: 18-12-2025
    Business: Adv. Darpan Jain present for plaintiff.
    None present for defendant.
    Heard the arguments of Jain on SJ No.66/2021.
    Matter is adjourned to 16-01-2026 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-01-2026
    
    Date: 16-01-2026
    Business: Adv. Chetan Shah a/w Adv. Darpan Jain for plaintiff present.
    Adv. Adv. Cherin Lapashiya i/b Niranjan and Co for defendant present through VC.
    Mr. Umesh Gharve (clerk of Adv. Cherin Lapashiya) present and filed written notes of argument on SJ of which copy supplied to Adv. Shah. TOR and marked as Exh.07 Order - Written notes of argument is read and recorded.
    Copy of list of document hand over to Mr. Gharve.
    Matter is adjourned to 13.02.2026 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-02-2026
    
    Date: 13-02-2026
    Business: Adv. Darpan Jain for plaintiff present and filed written submission for SJ No.67/2021 TOR.
    Copy for other side filed in court.
    Matter is adjourned to 07.03.2026 for SJ Order.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: Adv. Gala for plaintiff present.
    Adv. Cherin Lapashiya for defendant present.
    Court is busy in dictating judgment in SUM SU 703/2021, SUM SU 923/2021, SUM SU NO.1071/2017 AND passing order in NM No.1347/2026.
    Matter is adjourned to 17.03.2026 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 17-03-2026
    
    Date: 17-03-2026
    Business: None present.
    Court is busy in recording evidence in Suit No.3257/2012 and dictating judgment in Suit No.8209/1998.
    Matter is adjourned to 02.04.2026 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 02-04-2026
    
    Date: 02-04-2026
    Business: Disposed of
    Nature Of Disposal: ORDER
    Disposal Date: 02-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104087/2020
    Filing Date: 30-07-2020
    First Hearing Date: 22nd January 2021
    Decision Date: 02nd April 2026
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Apr 2026

    Order Details: Copy of Judgment Pdf Text: SJ 66-2021 in Sum Suit 538 of 2020 .. J/1 .. Judgment MHCC010052832021 Presented on : 31.07.2021 Registered on : 31.07.2021 Decided on : 02.04.2026 Duration : 04 Y : 08 M : 02 D IN THE BOMBAY CITY CIVIL COURT AT MAZGAON SUMMONS FOR JUDGMENT NO. 66 OF 2021 IN SUMMARY SUIT NO.538 OF 2020 Bharati R. Shah, Aged : 64 years, Indian Inhabitant, Occ. : Housewife, R/a. : Balaji Krupa, 312,…

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