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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Mr. Navaneeth Mahabal BhattVsMr. Vishwanath J. Shetty

CNR MHCC01007012201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 26th February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100202/2019
Registration Date
09 Jul 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: 17-07-2019
    Business: Adv.M.D.Pokale for plaintiff present
    None for deft.
    Registered SJ no.202/19 along with affidavit tendered
    by adv. for plaintiff.
    Adjd.for S.J.hearing to 9/10/2019.
    L.O. at 12.30 p.m.
    Adv.Sanjay Prabhala for defendant present.
    Next Purpose: HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Wrongly on board, adjd .to 09.10.2019
    Next Purpose: HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: None for plaintiff.
    Adv. Pathak for deft. present.
    Adjd. to 13.11.2019 for  SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. H.R. Shetty for plaintiff present.
    Exh.6-List of original document filed by plaintiff. t.o.r.
    Adjd. to 20.01.2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. H.R.Shetty for plaintiff.
    Adv. Pathak for defendant.
    On perusal of the record it appears that the defendant had already appeared in the matter withins stipulated time. The matter ought not to have been posted for Ex-parte evidence. The plaintiff has filed registered SJ @ affidavit. However, there is no affidavit regarding service of same on the defendant. The plaintiff advocate shetty submitted that he will serve the summons for judgment and file the service affidavit on next date regarding the service of summons for judgment.
    Adjd for Service of SJ to 16.04.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present
    Adjd to 03-03-2021
    Next Purpose: SERVICE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv. Shetty for plaintiff filed Service Affidavit of SJ- Exh.7
    None for defendant
    The affidavit of service Exh.7 shows that summons for judgment has been served on the defendant. However, the defendant failed to file reply to SJ. Therefore, Summons for Judgment to proceed without reply of the defendant.
    Adjd for SJ Hearing 15-06-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv Mr.H.R.Shetty present for the plaintiff.
    None present for the defendant.
    KB
    LO
    Adv Dhanjay Pathak for defendant is present.
    He seeks time to file reply. Matter is proceeding without say of defendant. Matter is lastly adjourned in interest of justice of 18.11.2021. If defendant fails to take steps to filing reply, the SJ will decided on merits.
    Matter is adjd to 18.11.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: None for pltff.
    Adv. Pathak for deft present and requested time for taking steps.  last chance is granted.
    Matter is adjd to 17/12/2021 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: As the Court is busy in hearing argument in SU No.4471/09, and dictating judgment in SU No.6432/04. Therefore, board is discharged.
    Matter is adjd. to 07/02/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: Because of sad demise of Lata Mangeshkar, sudden declaration of public  holiday  on 07-02-2022.
    Matter is adjd. to  28-02-2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: None for plaintiff.
    Adv. Pathak for defendant present.
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the defendant. O-  Leave to register Ch/s is granted.
    Defendant file SJ Reply.
    Matter is adjd for Ch/s service and SJ Hearing to  06-04-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Advocate Mr. H. R. Shetty for plaintiff present.
    Advocate Mr. Dhananjay Pathak for defendant present.
    Advocate for defendant filed  registered Ch/s no. 284/2022 alongwith Affidavit.TOR
    Advocate for plaintiff filed Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.    Advocate for plaintiff filed reply to Ch/s. no. 284/2022 along with affidavit.
    Advocate for plaintiff also filed rejoinder to SJ no 202/2019.
    Matter is adjd.  for SJ hearing and ch/s  reply to 29-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 19/08/2022 for reply on Ch/su.
    L.O. 12.25 p.m.
    Adv. Shetty for Plaintiff present and filed registered Ch/su 626/22 alongwith affidavit are t.o.r.
    Adjd to 19/08/2022 for service of Ch/su.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: As court is vacant
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: As court is vacant.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: As court is vacant
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: As court is vacant.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: None present.
    Matter Adjd for Ch/s. Hearing  on 12/06/2023.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: None for plaintiff.
    Adv. Sanjay parabala present h/f Adv. Dhanajay  for defendant , seeking time. Time is granted.
    Matter stands adjourned to  CS hearing/reply on 15-07-2023.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: Adv.H.R. Shetty present for plaintiff.
    Adv.Sanjay Parbala present for defendant.
    Both are tendered written arguments on CS No.626/22 TOR.
    Heard both side.
    Matter stands adjourned for CS hearing P.H./Order on 23-08-2023
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: Adv. H.R. Shetty present for plaintiff.
    Adv. Sanjay Prabhala present for defendant.
    Heard.
    KB.
    L.O. at 3.50 pm.
    F.R.S.R. following order is passed-
    ORDER
    1.Chamber Summons No.284/2022 in summons for judgment No.202/2019 in Summary Civil Suit No.1261/2018, is hereby allowed, subject to payment of costs of Rs.3,000/- to the plaintiff within one month from the date of this order.
    2.Delay stands condoned.
    3.Reply to summons for judgment No.202/2019, already tendered be taken on record after payment of costs.
    4.Chamber summons disposed of accordingly.
    (Order dictated and pronounced in open Court)
    ORDER
    1.Chamber Summons No.626/2022 in Summary Civil Suit No.1261/2018, is hereby allowed.
    2.Plaintiff to carry out amendment as per schedule within stipulated period.
    3.Costs in cause.
    4.Chamber summons disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Matter stands adjourned for SJ hearing/compliance on 12-10-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Adv.H.R. Shetty present for plaintiff.
    Adv.Chanchal Sharma present for defendant. Seeking time to pay the cost on or before next date. Time is granted.
    Matter stands adjourned for compliance on 14-12-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
    Adv. H. R. Shetty  for plaintiff is present.
    Adv. Sanjay Prabhala h/f ADv. Dhananjay Pathak for defendant is present.
    Heard counsel for plaintiff on Summons for judgment.
    Matter stands adjourned to 24.01.2024 Summons for judgment hearing (P.H.).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. H.R. Shetty present for plaintiff.
    None present for defendant.
    As per roznama dated 03-11-2019 original documents are filed vide list Exh.6,but the documents with list are not forthcoming, hence,  call the report of the then Sheristedar.
    Defendant failed to argue the Summons for Judgment, hence, proceed further.
    Matter stands adjourned for Summons for Judgment
    hearing/compliance on 26-02-2024.
    L.O. at 1.00 pm.
    Adv. Sanjay Prabhala h/f Dhananjay Pathak present for defendant.
    Matter is already stands adjourned for Summons for Judgment
    hearing/compliance on 26-02-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: Adv. H.R. Shetty present for plaintiff.
    Adv. Sanjay Prabhala h/f Dhananjay Pathak present for defendant, tendered written notes of argument to Summons for Judgment TOR.
    Heard the counsel of plaintiff.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for Judgment No.202 of 2019 in Summary  Suit No.1261 of 2018, is disposed of in terms of following order -
    2.Leave is granted to the defendant to defend the suit subject to the defendant depositing in this Court a sum of Rs.1,00,000/- within a period of one month from the date of order and shall file written statement within 30 days, thereafter.
    3.After depositing the amount, the PLA Section is directed to invest the same into Fixed Deposit, till disposal of the suit or till further order.
    4.If this conditional order of deposit is not complied within the stipulated period, as mentioned hereinabove, the plaintiff shall be entitled for an ex-parte decree against the defendants after obtaining a non-deposit certificate from the PLA Section.
    5.Summons for judgment is disposed of accordingly.
                 (Order dictated and pronounced in open Court)
    Matter stands adjourned for compliance on 26-03-2024.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 26-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107520/2019
    Filing Date: 09-07-2019
    First Hearing Date: 17th July 2019
    Decision Date: 26th February 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Feb 2024

    Order Details: Other Pdf Text: ..1.. SJ NO.202/19 MHCC010070122019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO. 202 OF 2019 (CNR NO.MHCC01-007012-2019) IN SUIT NO. 1261 OF 2018 Mr. Navaneeth Mahabal Bhatt )….Plaintiff V/S Mr. Vishwanath J. Shetty )….Defendant Appearance :- Adv. H.R. Shetty present for plaintiff. Adv. Sanjay Prabhala h/f Dhananjay Pathak present for defendant. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.84. DATE : 26/02/2024. ORDER This suit…

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