SUMMARY CIVIL SUIT - SUMMARY SUIT
Nitesh T. Jain - Through Nitesh Tejrajji JainVsSiroya Builders and Developers +2 more
CNR MHCC01003960202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 09th September 2023
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100555/2020
- Registration Date
- 16 Dec 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37
Case History / Proceedings
Case History
Date: 22-02-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
He seeks time to file report. Time granted till next date.
Matter adjd for affidavit of service to 19-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: By Praecipe
Adv Sandhya Singh I/b Ashwin Mishra for defendant no. 1 and 2 present.
Ld adv for defendant no.1 and 2 filed praecipe t.o.r. O- Allowed to take case on todays board from 19-04-2021.
Ld Adv for defendant no.1 and 2 filed draft Chamber Summons along with affidavit t.o.r. O- Heard Ld Adv for defendant no.1 and 2. Leave granted to register CS. Copy be served to other side. Affidavit of service be filed.
Matter adjd for tendering original registered CS along with affidavit and affidavit of service to 19-04-2021
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
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: CHAMBER SUMMONS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: P.O. is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: P.O. is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None for plaintiff.
Adv. Akash Shah for defendant present.
Matter stands adj. for tendering original registerd CS to 21.12.2021
Later on at 4:25 PM
Vaishali Chavan for plaintiff present.
Matter stands adj. for tendering original registerd CS to 21.12.2021
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-12-2021
Date: 28-10-2021
Business: None for plaintiff.
Adv. Akash Shah for defendant present.
Matter stands adj. for tendering original registered CS to 21.12.2021
Later on at 4:25 PM
Vaishali Chavan for plaintiff present.
Matter stands adj. for tendering original registered CS to 21.12.2021
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: PO is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-01-2022
Date: 21-12-2021
Business: PO is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: P. O. is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-02-2022
Date: 31-01-2022
Business: P. O. is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: None present for plaintiff
Adv. Aakash Shah for defendant present.
Adv. for defendant tendered original registered CS No.564/21. TOR.
Later on at 04.21 pm.
Adv. Ramesh Jain for plaintiff present.
Say given by Advocate for plaintiff.
Heard Ld. Adv. for plaintiff and defendant on CS.564 of 2021.
F.R.S.R. following order in Chamber of Summons No.564 of 2021 in Summary Suit No.555 of 2020 is passed-
ORDER
1. The Chamber Summons No.564 of 2021 is allowed.
2. The vakalatnama of defendant is taken on record.
3. Parties to bear their own costs.
Exh.02 - Vakalatnama on behalf of defendant. O-filed.
Matter Adjd for steps on 14/03/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: None present for plaintiff
Adv. Rahul Ubale for defendant present.
Matter Adjd for steps on 07/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present for plaintiff.
Adv. Ayesha Khatri for defendant present.
Later on at 03.27 pm.
Adv. Ramesh Jain for plaintiff present
Draft Summons for judgement alongwith affidavit in support tendered by plaintiff.
Order - Leave is granted to register the Summons for judgement
Matter Adjd for tendering original registered SJ on 21/07/2022.
Next Purpose: FOR___________________
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Aayesha Khatri for defendant present.
Ld. Adv. for plaintiff tendered original registered SJ No.172/22.
Draft chamber summons alongwith affidavit in support tendered by defendant.
Order – Leave is granted to register the chamber summons.
Copy of draft CS supplied to Adv for plaintiff today in court.
Matter Adjd for tendering original registered CS and CS reply on 08/09/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: P.O. is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: None present for plaintiff.
Adv. Aakash Shah for defendant present.
Ld. Adv. for defendant tendered original registered CS No.1372/22.
Matter Adjd for CS reply on 21/12/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Date: 15-02-2023
Business: None present for plaintiff.
Adv. Ayesha Khatri for defendant present.
Kb..
Later on at 03.09 pm.
Adv. Ramesh Jain for plaintiff present.
Adv. for plaintiff failed to give say on CS and hence CS is proceeded without say of plaintiff.
Heard learned advocate for defendant and plaintiff on CS. Ld. Adv. for plaintiff argued orally and opposed CS.
Matter Adjd for CS order on 15/03/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: None present for plaintiff.
Adv. Ayesha Khatri for defendant present.
F.R.S.R. following order in Chamber summons No.1372/22 in Summary Suit No.555 of 2020 of is passed-
ORDER
1. The Chamber summons No.1372 of 2022 is dismissed.
2. Parties to bear their own costs.
Matter Adjd for steps on SJ Hearing on 03/05/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: P.O. is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: P.O. is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: CORAM - H.H.J. SHRI U. C. DESHMUKH (C.R. 59)
Matter pertains to Court Room No.13.
Adv. Ramesh Jain for plaintiff present.
None for defendant.
Adv. For plaintiff submitted that matter is likely tobe settled.
On oral request of advocate for plaintiff matter refer to Lok-adalat.
Matter is adjourned for Lok-adalat on 09-09-2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: NATIONAL LOK-ADALAT HELD ON 09.09.2023 (PANAL - X)
Matter pertaining to C.R. No.13
The plaintiff and defendant no. 1 through Defendant no. 2 and Advocate Ramesh Jain are only present.
Adv. Ayesha Khatri for all Defendant present.
Defendant no. 3 is absent.
The Ld. Counsel for the plaintiff filed pursis. Exh.2 Stating that plaintiff does’nt want to proceed against defendant no. 3. It is seen.
The plaintiff and defendant no.1 and 2 filed consent term Exh.3 which is seen. The plaintiff submitted that suit be disposed of in term of compromise. Accordingly said consent term and terms of compromise Exh.4 filed on record and in view of the same the suit being settled, it stands disposed of.
Decree be drawn up accordingly.
In view of suit is disposed of, SJ No. 172/22 is also disposed of.
Court fees be refunded as per rule.
Adv. Mr. Shreekrishna H. Khairnar H.H.J. Shri. S.B. Joshi
Panel Member Panel Head
Nature Of Disposal: CONSENT DECREE
Disposal Date: 09-09-2023Additional Case Details
Additional Case Details
Filing Number: 103754/2020 Filing Date: 21-03-2020 First Hearing Date: 22nd February 2021 Decision Date: 09th September 2023 Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE
Orders
1Final Order 109 Sept 2023
09 Sept 2023
Order Details: Order below exhibit Pdf Text: 09.09.2023 NATIONAL LOK-ADALAT HELD ON 09.09.2023 (PANAL - X) Sum. C. Suit 555/20 @ SJ 172/22 Exh.2 Exh.3 Exh.4 Matter pertaining to C.R. No.13 The plaintiff and defendant no. 1 through Defendant no. 2 and Advocate Ramesh Jain are only present. Adv. Ayesha Khatri for all Defendant present. Defendant no. 3 is absent. The Ld. Counsel for the plaintiff filed pursis. Exh.2 Stating that plaintiff does’nt want to proceed against defendant no. 3. It is seen. The plaintiff and defendant no.1 and 2 filed consent term Exh.3 which is seen. The plaintiff submitted that suit be disposed of in term of compromise. Accordingly said consent term and terms of compromise Exh.4 filed on record and in view of the same the suit being settled, it stands disposed of. Decree be drawn up accordingly. In view of suit is disposed of, SJ No. 172/22 is also disposed of. Court fees be refunded as per rule. Adv. Mr. Shreekrishna H. Khairnar H.H.J. Shri. S.B. Joshi Panel Member Panel Head -- 1 of 1 --
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