SUMMARY CIVIL SUIT - SUMMARY SUIT
Mrs. Aditi Adehs SurveVsMr. Vijay Dagdu Sutar
CNR MHCC01004495201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st February 2026
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 100621/2019
- Registration Date
- 18 Jun 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 13-08-2019 Business: P.O. is on training. Matter adjd to Next Purpose: DIRECTIONS Next Hearing Date: 14-10-2019 Date: 14-10-2019 Business: None present. Matter adj for service to 10.12.2019. Next Purpose: SERVICE Next Hearing Date: 10-12-2019 Date: 10-12-2019 Business: P.O. is on Training, Board is discharged.. Next Purpose: SERVICE Next Hearing Date: 12-03-2020 Date: 12-03-2020 Business: Plaintiff absent. Defendant absent. Adv. Shukla for plff. Present. Adv. For deft. Absent. Adv. For the plff. filed application for issue fresh writ of summons. Order- issue fresh summons as prayed. Matter is adjd to 22.04.2020 for Report. Next Purpose: REPORT Next Hearing Date: 22-04-2020 Date: 22-04-2020 Reason For Adjournment: National Lock Down Next Purpose: REPORT Next Hearing Date: 13-05-2020 Date: 13-05-2020 Next Purpose: REPORT Next Hearing Date: 02-06-2020 Date: 02-06-2020 Business: Due to Covid-19 Lockdown Next Purpose: REPORT Next Hearing Date: 19-06-2020 Date: 19-06-2020 Business: Due to Covid-19 Lockdown Next Purpose: REPORT Next Hearing Date: 16-09-2020 Date: 16-09-2020 Business: Due to Covid-19 Lockdown Next Purpose: REPORT Next Hearing Date: 11-11-2020 Date: 11-11-2020 Business: Due to Covid-19 pandemic none appeared. Next Purpose: REPORT Next Hearing Date: 04-02-2021 Date: 04-02-2021 Business: Both the parties and their advocates are absent. Matter is adjd to 16.04.2021 for Report. Next Purpose: REPORT Next Hearing Date: 16-04-2021 Date: 16-04-2021 Business: Due to Covid-19 pandemic none appeared. Matter is adjd to 12/07/2021 for Report Next Purpose: REPORT Next Hearing Date: 12-07-2021 Date: 12-07-2021 Business: Both the parties and their advocates are absent. Due to Covid-19 pandemic. Matter is adjd to 15.09.2021 for report. Next Purpose: REPORT Next Hearing Date: 15-09-2021 Date: 15-09-2021 Business: Court is vacant. Next Purpose: REPORT Next Hearing Date: 24-11-2021 Date: 24-11-2021 Business: Court is Vacant. Next Purpose: REPORT Next Hearing Date: 10-02-2022 Date: 10-02-2022 Business: None present for Plaintiff. None present for Defendant. Matter adj. to 20/04/2022 for Report. Next Purpose: REPORT Next Hearing Date: 20-04-2022 Date: 20-04-2022 Business: P.O. is on Training Next Purpose: REPORT Next Hearing Date: 08-08-2022 Date: 08-08-2022 Business: Adv. A. K. Shukla for Plaintiff present, and filed application for re-issuance of writ of summons (Exh.02). O-Re-issue writ of summons as prayed for in the application. None for Defendant. Matter adjourned to 15.10.2022 for report. Next Purpose: REPORT Next Hearing Date: 15-10-2022 Date: 15-10-2022 Business: PO IS ON LEAVE Next Purpose: REPORT Next Hearing Date: 06-01-2023 Date: 06-01-2023 Business: Adv.Yash K. Dabhole i/b Adv.A.K.Shukla for plaintiff present. He submits that the summons sent to the defendant are returned unserved and therefore plaintiff need some time to get fresh address of defendant. He filed adj. application (Exh-3). Order-Application allowed for taking steps. Matter is adj to 10/03/2023 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 10-03-2023 Date: 10-03-2023 Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61) None for plaintiff. Despite order dated 06/01/2023, no steps are taken by plaintiff to serve summons to defendant. Still in the interest of justice as a last chance, matter is adj to 03/05/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 03-05-2023 Date: 03-05-2023 Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61) As court is busy in dictating judgment in Sessions Case No.571 of 2020 and Suit No.8098 of 2001, remaining first session board is discharged. Parties are at liberty to tender affidavits, reply, applications, etc. if any. Matter is adj to 17/08/2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 17-08-2023 Date: 17-08-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. Matter is adj to 20.11.2023 for taking steps. Next Purpose: FOR TAKING STEPS Next Hearing Date: 20-11-2023 Date: 20-11-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. A. K. Shukla for plaintiff is present and requested for adjournment. However, it is found that on perusal of the record that the suit is instituted in the year 2019. More than three years have been elapsed, but writ of summons is not yet served onthe sole defendant. The plaintiff is not appearing keen in taking the steps. Hence, adjourned for dismissal order. Matter is adj to 02.12.2023 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 02-12-2023 Date: 02-12-2023 Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. A. K. Shukla for plaintiff is present and filed application for issuance of fresh writ of summons to the defendants. It is marked as Exh-4. Order below Exh-4 Having regard to the past conduct and inaction of the plaintiff to take the steps, application(Exh-4) is allowed in the interest of justice and re-issue fresh summons to the defendant, subject to costs of Rs.1,000/- payable to DLSA and the plaintiff to lodge the writ of summons within 10 days by paying the costs. Matter is adj to 14.03.2024 for filing affidavit of service and payment of costs. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 14-03-2024 Date: 14-03-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Matter is adj to 06.05.2024 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 06-05-2024 Date: 06-05-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05 . Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any. Matter is adj to 05.07.2024 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 05-07-2024 Date: 05-07-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. The plaintiff is given last chance to file affidavit of service. Matter is adj to 01.10.2024 for filing affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 01-10-2024 Date: 01-10-2024 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv for plff is present and filed affidavit of service. T.O.R. It is marked as Exh.5. Order below Exh.01 On perusing affidavit of service, it apepars that writ of summons is sent to the defendant by RPAD, is received by the deft on 6/3/2024, as AD card is received. Deft failed to appear in the matter. Hence, matter is proceeded agaisnt the defendant. Matter is adj to 16.12.2024 for ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 16-12-2024 Date: 16-12-2024 Business: The plaintiff and his advocate are absent. Matter is adj to 12-03-2025 for Ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 12-03-2025 Date: 12-03-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Matter is adj to 10.06.2025 for filing ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 10-06-2025 Date: 10-06-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Matter is adj to 23.07.2025 for filing ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 23-07-2025 Date: 23-07-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Adv. for plaintiff is present(appearance is not given) and requested for adjournment. Adjournment is granted. Matter is adj to 04.09.2025 for filing ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 04-09-2025 Date: 04-09-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties are absent. Matter is adj to 17/10/2025 for ex-partye evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 17-10-2025 Date: 17-10-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Plaintiff is given last chance to file ex-parte evidence. Matter is adj to 17.12.2025 for filing ex-parte evidence. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 17-12-2025 Date: 17-12-2025 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Plaintiff was given last chance to file evidence. Plaintiff failed to file ex-parte evidence. Hence, matter is kept for dismissal order. Matter is adj to 07.02.2026 for dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 07-02-2026 Date: 07-02-2026 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Plaintiff is given last chance to take steps. Matter is adj to 21.02.2026 for taking steps/dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 21-02-2026 Date: 21-02-2026 Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Keep back. Later on at 1.09 pm Both parties and their advocate are absent. Order below Exh-1 Perused record. The suit is filed on 20.04.2019. The plaintiff filed affidavit of service of writ of summons on 01.10.2024. As defendant failed to appear, order was passed to proceed ex-parte against defendant on 01.10.2024. The matter is pending for ex-parte evidence since 16.12.2024. The plaintiff is given ample opportunity to file his ex-parte evidence. However, till date plaintiff failed to file ex-parte evidence. It appears that plaintiff is not interested in conducting the matter. Matter is five years old. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order- Order Sum. Suit No. 621 of 2019 is hereby dismissed in default. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 21-02-2026
Additional Case Details
Additional Case Details
Filing Number: 104853/2019 Filing Date: 20-04-2019 First Hearing Date: 13th August 2019 Decision Date: 21st February 2026 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
1Final Order 121 Feb 2026
21 Feb 2026
Order Details: Other Pdf Text: 14 21/02/2026 SUM 621/19 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Keep back. Later on at 1.09 pm Both parties and their advocate are absent. Order below Exh-1 Perused record. The suit is filed on 20.04.2019. The plaintiff filed affidavit of service of writ of summons on 01.10.2024. As defendant failed to appear, order was passed to proceed ex-parte against defendant on 01.10.2024. The matter is pending for ex-parte evidence since 16.12.2024. The plaintiff is given ample opportunity to file his ex-parte evidence. However, till date plaintiff failed to file ex-parte evidence. It appears that plaintiff is not interested in conducting the matter. Matter is five years old. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order:- Order Sum. Suit No. 621 of 2019 is hereby dismissed in default. Judge -- 1 of 1 --
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