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SUMMARY CIVIL SUIT - SUMMARY SUIT

Manjulaben Mansukhlal ShahVsKantilal Kalyanji Gogri

CNR MHCC01003799201915-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
101175/2019
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 for plff present.
    None for the deft present.
    Time extended for service of Writ of summons and N.M.
    Matter is adjd. to. 17.06.2019 for report of service.
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Adv. Vaishali Sharma for plff present.
    Adv. Rubi Warghat for deft present and has filed VP. TOR.
    As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
    Matter is adjd. to. 19/07/2019  for Report.
    Next Purpose: REPORT
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Adv. Vaishali Sharma h/f M/s Harakchand and Co. for plff present and filed affidavit of service.
    Adv. Ruby Warghat for deft present.
    The advocate for defendant filed the written statement but the plaintiff has objections the suit being summary suit but it appears the summons the issue the defendant as a commercial suit. and served upon the defendant on 03.06.2019. No specific summons for summary suit was issue therefore the considering the fact and circumstance as above defendant filed WS marked as Exh. 4.
    Matter is adjd. to. 22/08/2019 for Framing Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Court is vacant.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: As court is vacant, hence board is discharge.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: None for plff.
    Adv. Rubi Varghat for deft present.
    Adjd for Framing Issues to 11.11.2019.
    Later on. At 11.35 pm.
    Adv. Vaishali Sharma for plff present and filed application for conversion of this suit in to summary suit. TOR.
    Heard advocate for plff.
    It appears that the case of plaintiff in this matter is of recovery of friendly loan. Further the two similar suits are already converted in to summary suit by the earlier presiding officer and they are pending in CR No. 28. As such application Exh. 5 stands allowed and the present commercial suit is now converted in to summary suit. The office to comply the say. Plaintiff is at liberty to move the court of Hon\''ble PJ for transfer of this matter to CR No. 28. Where in identical suit are pending.
    Already adjd for Compliance to 11.11.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Both parites and advocates are absent.
    The suit is already converted in to summery suit, hence office is directed to registered the same as summary suit and to put up before Hon\''ble P.J. for its transferred C.R.No. 28.Adjd for compliance 03.12.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: adjd to 17/01/2020 (suit no. 1175/19)
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Gada for plaintiff.
    Adv. Lapasia for defendant.
    The Noting dtd.04.05.2019 shows that the NM 1752/19 has been already withdrawn by the plaintiff.
    Hence, the same is already disposed.
    It be removed from the board as already disposed.
    Adv. for plaintiff filed registered SJ 294/19 @ affidavit @ service affidavit and rejoinder to SJ 294/19.t.o.r.
    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 forSJ 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: None for plaintiff.
    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 670/2022.
    Plaintiff filed registered Ch/s. No. 670/2022. 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  present through Mansukhlal Shah  power of Attorney Holder  original is verified. Photocopy is already on record.
    Advocate for plaintiff 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: 104123/2019
    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

    1
    Final Order 1
    07 May 2022
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0101175/2019
    Manjulaben Mansukhlal Shah Vs Kantilal Kalyanji Gogri
    Date : 07-05-2022
    Business : CORAM: H.H.J. Shri. A.H. Laddhad(National Lok Adalat
    Panel - 8) Plaintiff present through Mansukhlal Shah power
    of Attorney Holder original is verified. Photocopy is
    already on record. Advocate for plaintiff 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
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