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SUIT - SHORT CAUSE CIVIL SUIT

Shri Abdulla Mohad Saleh SurveVsShri Abdul Rauf Abdul Kadir Padvekar

CNR MHCC01004949201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 11th July 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
102045/2019
Registration Date
16 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-08-2019
    Business: Court is busy in dictating Judgment in suit no.2140/17 and order on NM in suit no.234/19, hence case is adjourned to 02/11/2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Advocate D. K. Raje @ Plaintiff present and filed original writ of summons, t.o.r.
    Defendant present and submitted that on next date, he will appear along with his advocate.  Considering submissions adjourned.
    Case is adjourned to 21/12/2019 for filing vakalatnama and Written Statement by Defendant.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Plaintiff present.
    Adv. Anand Dubey for Defendant present and submitted that he is going to file Vakalatnama on behalf of defendant.
    K.B.
    L. O. at 11 45 am.
    Adv. Mr. Anand Dubey for defendant filed Vakalatnama t.o.r. and marked as Exh.02.
    Case is adjourned 06/03/2020 to for Written Statement
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Court is on Leave.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: Adjd.to 26.11.2020 due to covid-19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/02/2021 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv Mr.B.K.Raje h/f Adv Mr. D.K. Raje for plff present.
    None present for deft.
    Despite granting several opportunities, deft failed to file written statement. Statutory period prescribed under O-8 R-1CPC  is already elapsed hence, suit to proceed without WS against the deft.
    Addj. For evidence without WS to 22.04.2021.
    Judge
    L.O.
    Adv Mr. Anand Gugale for deft present and seeks time for filing no instruction pursis.
    Already adjd. to 22.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: None present for both the parties.
    Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None present for both the parties.
    Order to proceed without WS is passed on 12.02.2021.
    As nobody is present for the plff,matter be kept for order on next date.
    Matter is adjd. for order to 08.11.2021.
    Next Purpose: ORDER
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Plff present with Adv Mr. Raje for plff.
    None present for deft.
    Adv. for plff seeks adjournment.
    Matter is adjd. for evidence to 10.12.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Plff present with Adv Mr.B.K. Raje h/f Adv Mr. D.K. Raje for the plff.
    None present for deft.
    Plff filed affidavit in lieu of examination in chief of himself as PW-1 Abdulla at Exh.3.
    He also produced six documents with list Exh.4.
    Matter is adjd. for exhibiting documents to 17.01.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Due to Covid 19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv Mr. D.K. Raje present for plff.
    None present for deft.
    K.B.
    L.O.
    Adv Mr. D.K. Raje present for plff. and seeks adjournment.
    None present for deft.
    Matter is adjd. for recording evidence to 05.04.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Plff present. Adv Mr. D.K. Raje present for plff.
    None present for deft.
    Defendant failed to file reply about admission denial of documents.
    Heard argument of adv for plff about admission denial of the documents and following documents are marked as exhibits/articles.
    Original Bank passbook is at Exh.5.
    Cheque dt.30.05.2016 is at Exh.6
    Cheque returning memo dt.30.06.2016 is at Art-P.
    Office copy of complaint dt.26.07.2016 and 05.03.2018 are at Exh.7(colly).
    Copy of application dt.12.07.2018 sent under RTI Act and letter dt.21.07.2018 issued by Assistant Commissioner with annexures is at Exh.8(colly).
    Letter dt.15.01.2019 received by plaintiff from Assistant Inspector of Police is at Exh.9.
    Office copy of letter dt.24.04.2019 sent to defendant with RPAD receipt and postal acknowledgment is at Exh.10 (colly).
    Matter is adjd. for further evidence of plff to 10.06.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv.D.K.Raje for plaintiff present. He filed appln. for issuance of witness summons t.o.r. and marked as Exh.11. O-Heard. Issue witness summons as prayed for on due PF.
    Matter adjd to 07.07.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv.D.K. Raje for plaintiff present.
    KB
    LO at 12.50 pm,
    Adv.D.K. Raje for plaintiff present.
    Witness present.
    Examination-in-chief of Mr.Anil Govind Gaikwad (PW-1) commenced and completed.
    Statement of account of Mr.Padvekar and details of memo of cheque return on 30.06.2016.
    The statement of account produced by PW-1.
    The plaintiff filed evidence close pursis t.o.r. and marked as Exh.15.
    Heard final argument of advocate of plaintiff.
    Matter adjd to 11.07.2022 for citations/ex-parte judgment if any.
    Next Purpose: CIATATION
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Plaintiff present.
    KB
    LO at 01.30 pm
    Plaintiff present.
    Judgment dictated and pronounced in open Court.
    F.R.S.R. the following order is passed
    ORDER
    1. The suit is decreed with costs.
    2. The defendant do pay to the plaintiff an amount of Rs.1,00,000/- (Rupees One Lakh Only) alongwith interest at the rate of 6 percent per annum from the date of filing of this suit till realisation.
    3. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 11-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105501/2019
    Filing Date: 04-05-2019
    First Hearing Date: 06th August 2019
    Decision Date: 11th July 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Jul 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 Judgment SU2045/2019 MHCC010049492019 Presented on : 04-05-2019 Registered on : 16-07-2019 Decided on : 11-07-2022 Duration : 3 Ys. 2 Ms. 7 Ds. IN THE BOMBAY CITY CIVIL COURT AT MUMBAI S.C. SUIT NO.2045 OF 2019 Shri Abdulla Mohad Saleh Surve } Age: 62 Occupation : Retired, } resding at Swan Mill Compound, } B Wing, 11th Floor, Flat No.1109, } Sewri West, Mumbai15 } … Plaintiff. VERSUS Shri Abdul Rauf Abdul Kadir…

    Read Full Order

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