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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sunil Sunkappa JadhavVsMoreshwar Shivram Tupe +1 more

CNR MHCC01005308202013-COURT 13 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 09th February 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100519/2020
Registration Date
09 Dec 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 15-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Today matter is for report.
    Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    Perused service affidavit. Perused Bailiff report. The Bailiff reported that writ of summon with true copy of plaint is served on 24-12-2020 to defendant no.1. Defendant no.1 remained absent. Suit be proceeded exparte against defendant no.1.
    Ld adv for plaintiff submits that plaintiff intends to withdraw the suit against defendant no.2. Perused claim affidavit Ex.03. It is mentioned in para no 9 of the claim affidavit that plaintiff be permitted to withdraw the suit against defendant no.2.
    Ex.03   Claim affidavit filed by adv for plaintiff t.o.r. O-R and R.
    Heard ld adv for plaintiff.
    F.R.S.R. following order below Ex.01 is passed
    ORDER
    1.  Plaintiff is permitted to withdraw the suit against defendant no.2 unconditionally under Order 23 of Rule 1 of Code of Civil Procedure.
    2.  Suit against defendant no.2 is disposed off as withdrawn.
    3. Suit be proceeded against defendant no.1 in accordance with Law.
    Matter adjd for filing documents to 06-04-2021.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: None present.
    Matter adjd for filing documents to 29-06-2021.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: P.O. is on leave.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: P.O. is on leave.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Exh.04- List of documents. O-be filed.
    Exh.05- Bill of exchange dt.20/12/2019.
    Exh.06- Legal notice dt.22/01/2020.
    Exh.07- Evidence closing pursis. O-seen.
    Matter Adjd for Ex-parte argument on 18/12/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard final argument.
    Matter Adjd for ex-parte judgement on 18/01/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: P. O. is on leave.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Advocate Mr. Ramesh Jain for plaintiff.
    None for defendants.
    F.R.S.R. following order in Summary Suit No. 519 of 2020 is passed-
    ORDER
    1. The Summary suit no. 519 of 2020 is decreed with costs.
    2. Defendant shall pay amount of Rs. 2,85,630.13/-(Rupees Two Lacs Eighty Five Thousand Six Hundred Thirty and Thirteen  Paise Only) to the plaintiff along with interest at the rate              of 9 percent per annum on the principal amount of Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand Only) from the date of filing suit till its actual realisation.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Judge
    Nature Of Disposal: DECREED
    Disposal Date: 09-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105704/2020
    Filing Date: 23-11-2020
    First Hearing Date: 15th February 2021
    Decision Date: 09th February 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    09 Feb 2022

    Order Details: Ex-parte Judgement Pdf Text: -1- Summary suit no.519 of 2020 MHCC010053082020 Presented on 23-11-2020 Registered on 09-12-2020 Decided on 09-02-2022 Duration 1 2 16 Year Months Days CNR No. MHCC010053082020 EXH. 08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.519 OF 2020 SUNIL SUNKAPPA JADHAV Age 23 years of Mumbai an adult Indian inhabitant having his address at Lal Patra Chawl No.251, Room No.10, Cross Road, Dharavi, Mumbai – 400 017. ...Plaintiff. V/s. 1. MORESHWAR…

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    Interim Order 1Full order available
    15 Feb 2021

    Order Details: Order below exhibit Pdf Text: MHCC010053082020 CNR NO.MHCC010053082020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXH.1 IN SUIT NO.519 OF 2020 Sunil Sunkappa Jadhav ...Plaintiff. V/s. Moreshwar Shivram Tupe ...Defendant. Appearances: Ld. Adv. Mr. Ramesh Jain for plaintiff. None for defendant. CORAM : HIS HONOUR JUDGE SHRI SHANKAR G. BORLEPWAR (C.R.No.13) DATED : 15th February, 2021 ORAL ORDER 1. Heard Learned Advocate Mr. Ramesh Jain for plaintiff. He stated that plaintiff does not want to…

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    Order 1Full order available
    15 Feb 2021

    Order Details: Order below exhibit Pdf Text: MHCC010053082020 CNR NO.MHCC010053082020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXH.1 IN SUIT NO.519 OF 2020 Sunil Sunkappa Jadhav ...Plaintiff. V/s. Moreshwar Shivram Tupe ...Defendant. Appearances: Ld. Adv. Mr. Ramesh Jain for plaintiff. None for defendant. CORAM : HIS HONOUR JUDGE SHRI SHANKAR G. BORLEPWAR (C.R.No.13) DATED : 15th February, 2021 ORAL ORDER 1. Heard Learned Advocate Mr. Ramesh Jain for plaintiff. He stated that plaintiff does not want to…

    Read Full Order

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