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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

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    1
    Final Order 1
    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
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