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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

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE 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: 09-09-2023

    Additional 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

    1
    Final Order 1
    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
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