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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mansukhlal Umarshi ShahVsKantilal Kalyanji Gogri

CNR MHCC01003797201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 07th May 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100942/2019
Registration Date
05 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 26-04-2019
    Business: Adv. Ms. Vaishali Sharma for Plaintiff present.
    Adv. Ms. Rubi Waragat for Defendant present.
    Issue writ of summons.
    Matter is adjd.for writ of summons on 20.06.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: By precipee.
    Adv. Ms. Vaishali Sharma for Plaintiff present.
    None for Defendant.
    Tendered register NM no. 1654/19.
    O- Allowed to not press, with a liberty to file afresh.
    Notice of Motion no.1654/19 is disposed of.
    (Uncontested)
    Matter is adjd.for writ of summons on 20.06.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Adv. Ms. Vaishali Sharma for Plaintiff present.
    Adv. Ms. Rubi Workar for Defendant present.
    Exh.2- V/P filed by Niranjan and Co. for deft.
    Matter is adjd.for filling W.S. on 27.06.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: Adv. Ms. Vaishali Sharma for plaintiff present.
    Adv. Ms. Rubi Warkhad for defendant present.
    Exh.3- Affidavit of service filed by plff.
    Draft summons for judgment file by plff.
    O- Leave granted to register.
    Exh.4- W.S. filed by deft.
    Matter is adjd. for issues on 17.07.2019
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Matter pertains to C.R.31
    None for plaintiff present
    Adv. Ruby Warghat for defendant present.
    Adv. for defendant filed affidavit in reply.
    Matter adjd. to 20/08/2019
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Ms. Vaishali Sharma for plaintiff present.
    Adv. Ms. Rubi Wargat for defendant present.
    Exh.5- Application filed by plff. to transfer this suit to summary court as the present suit is a summary suit, however, it has been registered as commercial suit.
    Reply endorsed by deft.
    Summons for Judgment no. 193/19 tendered by plff.
    F.R.S.R. following order below Exh.5.
                        ORDER
    1.  Application is allowed.
    2. The caption of suit be changed from \''Commercial Suit\'' to
    \''Summary Suit\''.
    3. The roznama be placed before the Hon\''ble Principle
    Judge to transfer this suit before the appropriate Court.
    Matter is adjd. for steps 25.09.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Vaishali Sharma for plaintiff present.
    Adv. Ruby Vargat for deft. Present.
    Adjd. to 17.01.2020 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Gada for plaintiff.
    Adv. Lapasia for defendant.
    Adv. for plaintiff filed Re-joinder. Copy is served to defendant.
    The SJ appers to for the commercial suit Number. However, the commercial suit Number has been already withdrawn and the suit has been registered as summary suit no.942/19. Therefore, the entry in respect of  summons for judgment about the commercial proceeding has also to be corrected. Hence, the office is directed to re-register the SJ 193/19 withdrawing it from the commercial suit entry and placing it in the entry of summary suit No.942/19.
    Adjd to 24.03.2020 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    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
    Reason For Adjournment: National Lock Down
    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
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present.
    Adjd to 20-04-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: As per office order
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Vaishali Sharma present for the plaintiff.
    None present for the defendant.
    Ld advocate for the plaintiff is present. The matter is ready for hearing of SJ. Both the parties are directed to argue SJ on 08.10.2021. Failing which it will be decided on merits.
    Matter is adjd to 08.10.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. for plaintiff present.
    Adv. Cherin Lapshiya for defendant present.
    Matter is adjd to 28.10.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv Ms.Sharma present for the plaintiff.
    none present for the defendant.
    By consent.
    Matter is adjd to 30.11.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Vaishali Sharma for the plaintiff present.
    None for defendant.
    Matter is adjd. to 17/12/2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: As the Court is busy in hearing argument in SU No.4471/09, and dictating judgment in SU No.6432/04. Therefore, board is discharged.
    Matter is adjd. to 07/02/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: Because of sad demise of Lata Mangeshkar, sudden declaration of public  holiday  on 07-02-2022.
    Matter is adjd. to  28-02-2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Sharma for plff. present.
    Adv. Cherin Lapashiya i/b Niranjan & co. present.
    Adv. of plff. submitted that dispute is likely to be settled.
    Matter is referred for Lok-adalat.
    Matter is adjd for lok-adalat to  12-03-2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-03-2022
    
    Date: 12-03-2022
    Business: NATIONAL LOK-ADALAT HELD ON 12/03/2022 (Panel-8)
    Matter pertaining to C.R. No. 15
    Adv. Sharma for pltff present.
    She submits that parties have delibrated over the settlement terms and have shown willingness to file consent terms on future date.
    Matter Adjd to 02/05/2022.
    Adv. P. M. Bhansali     Adv. Nikhil Ghate  H.H.J. S.P.Naik-Nimbalkar
     Panel Member            Panel Member                Panel Head
    Next Purpose: CONSENT TERM
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Advocate Mr. Sharma for plaintiff present.
    Advocate Mr. Cherin N. Lapashiya i/b Niranjan and Co. for defendant no.1, Resps.2-4 present.
    Reply filed by defendant on Ch/s 671/2022.
    Plaintiff filed registered Ch/s. No. 671/2022. TOR
    The plaintiff has presented Chamber summons with request to substitute  the name of Raju Kantilal Gogri in place of original Plaintiff Mr. Kantilal Kalyanji Gogri. As per statement of plaintiff Mr. Kantilal Kalyanji Gogri is Died on 09-03-2022. The plaintiff has filed copy of death extract along-with Chamber summons.  The propose defendant is Karta of HUF and Male member of the family. He is only son of deceased Mr. Kantilal Gogri. Therefore, the plaintiff requested for proposed amendment. The defendant has no objection to allow the Chamber summons. As per statement of plaintiff the original plaintiff is died on 09-03-2022 and the Chamber summons is tendered on 30-04-2022. Considering, period from death, till tendering Chamber summons and no objection of other side, Chamber summons is allowed. Plaintiff to carryout amendment and serve the copy of amended plaint on  proposed defendant.
    On request of both advocate.
    Matter referred to Lok-adalat.
    Matter is adjd. for Lok-adalat to 07-05-2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: CORAM: H.H.J. Shri. A.H. Laddhad(National Lok Adalat Panel - 8)
    Plaintiff in person present.
    Defendant in person present.
    Both the parties filed joint Consent terms t.o.r. Marked as Exh. 6
    In view of  the consent terms matter is settled.
    Necessary court fees be refunded as per the rule.
    Matter disposed off accordingly as a settled.
    In view of settlement, Interim Application if any, be disposed off accordingly
    H.H.J. Shri. A.H. Laddhad  Adv. Rohan Waghmare     Adv. Tejas Kothalikar
     Panel Head                               Panel member             Panel Member
    Nature Of Disposal: OTHER
    Disposal Date: 07-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104124/2019
    Filing Date: 03-04-2019
    First Hearing Date: 26th April 2019
    Decision Date: 07th May 2022
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    07 May 2022
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100942/2019
    Mansukhlal Umarshi Shah Vs Kantilal Kalyanji Gogri
    Date : 07-05-2022
    Business : CORAM: H.H.J. Shri. A.H. Laddhad(National Lok Adalat
    Panel - 8) Plaintiff in person present. Defendant in person
    present. Both the parties filed joint Consent terms t.o.r.
    Marked as Exh. 6 In view of the consent terms matter is
    settled. Necessary court fees be refunded as per the rule.
    Matter disposed off accordingly as a settled. In view of
    settlement, Interim Application if any, be disposed off
    accordingly H.H.J. Shri. A.H. Laddhad Adv. Rohan
    Waghmare Adv. Tejas Kothalikar Panel Head Panel
    member Panel Member
    Nature of Disposal : OTHER
    Disposal Date : 07-05-2022
    COURT 15 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    20 Aug 2019

    Order Details: Order below exhibit Pdf Text: Suit No. 6/19. 1 Order below Exh.5. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 6 OF 2019 (CNR NO. MHCC010037972019) Mansukhlal Umarshi Shah ...Plaintiff Versus Mr. Kantilal Kalyanji Gogri Karta of Kantilal Kalyanji Gogri (HUF) ...Defendant CORAM : HIS HONOUR JUDGE SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 20th AUGUST, 2019. Ms. Sharma, Advocate for Plaintiff. Ms. Ruby, Advocate for Defendant. ORDER BELOW EXHIBIT 5. This is an application submitted by…

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    Order 1Full order available
    20 Aug 2019

    Order Details: Order below exhibit Pdf Text: Suit No. 6/19. 1 Order below Exh.5. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 6 OF 2019 (CNR NO. MHCC010037972019) Mansukhlal Umarshi Shah ...Plaintiff Versus Mr. Kantilal Kalyanji Gogri Karta of Kantilal Kalyanji Gogri (HUF) ...Defendant CORAM : HIS HONOUR JUDGE SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 20th AUGUST, 2019. Ms. Sharma, Advocate for Plaintiff. Ms. Ruby, Advocate for Defendant. ORDER BELOW EXHIBIT 5. This is an application submitted by…

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