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SUMMARY CIVIL SUIT - SUMMARY SUIT

Hitesh Phootermal JainVsNeev Realtors +4 more

CNR MHCC01003940202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100553/2020
Registration Date
16 Dec 2020
Next Hearing Date
01 Oct 2026
Case Stage
FOR TAKING STEPS

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 22-02-2021
    Business: None for plaintiff.
    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 18-03-2021.
    L.O. at 5.10 pm
    Adv Ramesh Jain for plaintiff present.
    Matter adjd for tendering original registered NM along with affidavit and affidavit of service to 18-03-2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Minal Parab for defendant no.1 and 3 present.
    Ld adv for defendant no.1 and 3 tendered original registered NM no. 606 of 2021 along with affidavit t.o.r.
    Matter adjd for service affidavit to 15-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: None present.
    Matter adjd for affidavit of service to 06-10-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant..
    Ld. Adv. For plaintiff filed say on NM itself.
    Matter adjd for order on NM to 20.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-10-2021
    
    Date: 06-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant..
    Ld. Adv. For plaintiff filed say on NM itself.
    Matter adjd for order on NM to 20.10.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Minal Parab for D-1 and 3 present.
    F.R.S.R. following order in Notice of Motion no. 606 of 2021 in Summary Suit no. 553 of 2020 is passed-
    ORDER
    1.   The Notice of Motion no. 606 of 2021 is allowed.
    2.   The delay in filing vakalatnama of Deft. Nos.1 and 3 is condoned.
    3.   The Deft. Nos.1 and 3 shall file vakalatnama on next date without fail.
    4.   Parties to bear their own cost.
    Matter adjd for compliance to 01/12/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2021
    
    Date: 20-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Minal Parab for D-1 and 3 present.
    F.R.S.R. following order in Notice of Motion no. 606 of 2021 in Summary Suit no. 553 of 2020 is passed-
    ORDER
    1.   The Notice of Motion no. 606 of 2021 is allowed.
    2.   The delay in filing vakalatnama of Deft. Nos.1 and 3 is condoned.
    3.   The Deft. Nos.1 and 3 shall file vakalatnama on next date without fail.
    4.   Parties to bear their own cost.
    Matter adjd for compliance to 01/12/2021.
    Disposal Date: 20-10-2021
    
    Date: 25-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Minal Parab for D-1 and 3 present.
    F.R.S.R. following order in Notice of Motion no. 606 of 2021 in Summary Suit no. 553 of 2020 is passed-
    ORDER
    1.   The Notice of Motion no. 606 of 2021 is allowed.
    2.   The delay in filing vakalatnama of Deft. Nos.1 and 3 is condoned.
    3.   The Deft. Nos.1 and 3 shall file vakalatnama on next date without fail.
    4.   Parties to bear their own cost.
    Matter adjd for compliance to 01/12/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present for plaintiff.
    Adv. Minal Parab for defendant No.1 and 3 present.
    Exh.02- Vakalatnama on behalf of deft No. 1 and 3. O-filed.
    Matter Adjd for service affidavit of remaining defts on 27/01/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: None present for plaintiff.
    Adv. Meenal Parab for defendant No.1 and 3 present.
    Later on at 12.52 pm.
    Adv. Ramesh Jain for plaintiff present.
    Exh.03 - Service Affidavit. O-seen.
    Kb.
    Later on at 03.16 pm.
    Exh.04 - Application for withdrawal of suit against defendant no.4 and 5.
    Order - In view of application vide Exh.04 the summary suit No. 553 of 2020 is disposed off as unconditionally withdrawn only against defendant no. 4 and 5. Suit to proceed against defendant no.1 to 3.
    Draft summons for judgement alongwith affidavit in support tendered by plff.
    Order - Leave is granted to register the Summons for judgement.
    Matter Adjd for steps/service affidavit of remaining defendants on 09/06/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present for plaintiff.
    Adv. Minal Parab for defendant No.1 and 3 present.
    Matter Adjd for taking steps on 01/08/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: None present.
    Matter Adjd for taking steps on 17/09/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Time extended to register the SJ.
    Matter Adjd for tendering original registered SJ on 05/11/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: None present.
    Matter Adjd for taking steps on 17/12/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: None present.
    Matter Adjd for taking steps on 26/04/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Ramesh Jain  for plaintiff present.
    Adv. Meenal Parab for defendant no.1 present.
    Ld. Adv. for plaintiff tendered original registered SJ No.276 of 2022.
    Ld. Adv. for plaintiff submitted that, the SJ is served to advocate for defendant no.1 on 28.09.2022.
    Ld. Adv. for defendant no.1 sought time to check regarding the same.
    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: 30-09-2023
    
    Date: 30-09-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Court is Vacant.
    Next Purpose: ORDER
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: Adv Madhure Shirke i/b Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjourned to 01.08.2024 for Service Affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Adv. Ramesh Jain for plaintiff present.
    Matter is adjourned to 16.11.2024 for Service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-11-2024
    
    Date: 16-11-2024
    Business: Adv. Ramesh Jain for plaintiff present.
    Matter is adjourned to 30.01.2025 for Service affidavit .
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: Adv. Ramesh Jain for plaintiff present.
    Matter is adjourned to 28.03.2025 for Affidavit of service .
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: P.O is on training
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-06-2025
    
    Date: 12-06-2025
    Business: Adv. Ramesh Jain for plaintiff present and filed affidavit of service of SJ on Adv. Minal Parab TOR. Order - Seen.
    Matter is adjourned to 15.09.2025 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-09-2025
    
    Date: 15-09-2025
    Business: Adv Ramesh Jain for plaintiff present and filed list of document taken on record and marked as Exh.05. Ordre - Production allowed.
    Matter is adjourned to 12.11.2025 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 06.01.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-01-2026
    
    Date: 06-01-2026
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 16.03.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 16-03-2026
    
    Date: 16-03-2026
    Business: Adv Madhuri Shirke a/w Adv Ramesh Jain for plaintiff present.
    O- The affidavit of service file on 12-07-2025 shows copy of SJ served upon adv Minal Parab for defendant. No any reply is filed within Ten days. Hence, SJ is proceeded without reply.
    Matter is adjourned to 29-04-2026 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-04-2026
    
    Date: 29-04-2026
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjourned to 16.06.2026 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-06-2026
    
    Date: 16-06-2026
    Business: None for plaintiff. None for defendant.
    Parties are directed to argue SJ. If it is not argued on next date, further order will be passed.
    Matter is adjourned to 18.07.2026 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-07-2026
    
    Date: 18-07-2026
    Business: Adv. Ramesh Jain for plaintiff is present.
    None for defendant.
    Heard argument of Adv for plaintiff on SJ No.276/2022.
    Kept back for SJ order
    Later on at 03.45 p.m
    For the purpose of order on SJ I have gone through R and P. Suit is withdrawn against defendant No.04 and 05 on 19.03.2022. Defendant No.01 and 03 moved notice of motion No.604/2021 for condonation of delay and that was allowed on 20.10.2021. So far as defendant No.02 is concern there is no service affidavit on record which could say that writ of summons and summons for judgment was served on him. Therefore, SJ cannot be disposed of when there is irregularity about service of writ of summons and SJ on defendant No.02. Hence, plaintiff shall take necessary steps on this regards.
    Matter is adjourned to 24.08.2026 for Steps by plaintiff in respect of  defendant No.02.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: Presiding Officer is on Casual leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103680/2020
    Filing Date: 19-03-2020
    First Hearing Date: 22nd February 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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