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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Harnish Ramji GadaVsKirtikumar Parekh

CNR MHCC01005340201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100173/2019
Registration Date
30 May 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-06-2019
    Business: Matter is kept on 24/06/2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: NOB TOB.
    None present.
    Matter adjd to 29.07.2019 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: matter is adjourned
    Next Purpose: HEARING
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv.Dharmendra Joshi for plaintiff present.
    None for defendant present.
    Matter adjd for Service affidavit of S/J to 07.10.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Joshi for plaintiff present, he seeks adjournment for filing affidavit of service. O-granted.
    Matter adjd for affidavit of service to 20.11.2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Plaintiff present.
    Adv.  Dharmendra Joshi for plaintiff present.
    He sought time. Granted.
    Matter is adjourned for Affidavit of Service on S/J to 18/02/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Plaintiff Present.
    Defendant absent.
    Adv. For plff. Absent.
    Adv. For deft. Absent.
    Affidavit service not filed.
    Matter is adjd to 16.03.2020 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Plaintiff Present.
    Defendant absent.
    Plaintiff tendered register S/J no. 173/19 @ affidavit in support. He also filed affidavit of service of S/J t.o.r.
    Matter is adjd to 24.04.2020 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 15-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lock down
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Plaintiff is absent.
    Adv Dharmendra Joshi for Plff present
    Defendant and his advocate are absent.
    Matter is adjd to 04.02.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 31.03.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 29.06.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 26.08.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPLY
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: None present.
    Matter is adjd to  24.01.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None present.
    Matter is adjd for reply to 01-04-2022
    Next Purpose: REPLY
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPLY
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Dharmendra M. Joshi for Plaintiff present.
    None for Defendant.
    No reply to S/J is filed by the defendant though is served with summons for judgment on 31.05.2019.
    Plaintiff to submit the original documents on record in support of S/J.
    Matter adjourned to 06.09.2022 for reply on S/J.
    Next Purpose: REPLY
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Dharmendra Joshi for plaintiff present and filed list of documents. TOR. Marked as Exh.05.
    Matter adjourned to 15/11/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 22/12/2022 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adjd. To 08/02/2023 for S.J. hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: As Court is busy in hearing on SJ No.266 of 2022 in Summary Suit No.595 of 2022 and SJ No.43 of 2020 in Summary Suit No.309 of 2018 remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 12/04/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaintiff present, his advocate absent.
    None for defendant.
    Plaintiff has already filed original documents at list Exh-5.
    Matter is adj to 10/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their advocates are absent.
    Matter is adj to 12.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their counsel are absent.
    Matter is adj to 11.01.2024 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their counsel are absent.
    Keep back.
    Later on at 3.03 pm
    Both parties and their counsel are absent.
    Last chance is granted to both parites for Summons for judgment hearing.
    Matter is adj to 29.01.2024 for summons for judgment hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: P.O.is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    They were given last chance to argue on summons for judgment. They failed to argue. Hence, matter be kept for dismissal order.
    Matter is adj to 02.05.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adj to 04.05.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 1.39 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    Both parties and their counsel are absent. On perusing record, it appears that matter is pending for filing original documents by the plaintiff and hearing on summons for judgment. As per roznama dated 23.06.2022, the plaintiff was directed to filed original documents on record. The plaintiff has filed original documents on 06.09.2022. Since then, matter is pending for hearing on summons for judgment. Both parties and their advocate are absent since then. They have failed to argue on summons for judgment despite of giving ample opportunity to argue on the summons for judgment. It appears that the plaintiff is not interested in conducting the matter. Matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
    Order
        1) Summary Suit No.914/2017 is hereby dismissed in default.
    
        2) Pending summons for judgment No.173/2019 is disposed of.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105651/2019
    Filing Date: 30-05-2019
    First Hearing Date: 22nd June 2019
    Decision Date: 04th May 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 May 2024
    Order Details: Other
    Pdf Text: 34
    04/05/2024
    SUM
    914/17 @ SJ
    173/19
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 1.39 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    Both parties and their counsel are absent. On perusing
    record, it appears that matter is pending for filing original
    documents by the plaintiff and hearing on summons for
    judgment. As per roznama dated 23.06.2022, the plaintiff
    was directed to filed original documents on record. The
    plaintiff has filed original documents on 06.09.2022. Since
    then, matter is pending for hearing on summons for
    judgment. Both parties and their advocate are absent since
    then. They have failed to argue on summons for judgment
    despite of giving ample opportunity to argue on the summons
    for judgment. It appears that the plaintiff is not interested in
    conducting the matter. Matter is old. Therefore, no purpose
    will served by keeping the matter pending. Hence, I proceed
    to pass following order:-
    Order
    1)
    Summary Suit No.914/2017 is hereby dismissed in
    default.
    2)
    Pending summons for judgment No.173/2019 is
    disposed of.
    Judge
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