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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mrs. Usha Shriram Wasan through its Power of Attorney Holder Ajay WasanVsNiraj Kakad Constructions +2 more

CNR MHCC01007084201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 07th October 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100166/2021
Registration Date
27 Sept 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 26-11-2018
    Business: Adv. Shweta Rao for Plaintiff present.
    None  for Defendant.
    Advocate for plaintiff has filed application to file the extension of time to lodge the summons with bailiff.
    Order  Time is extended.
    Matter is adjd. to 28/01/2019 for Service report.
    Next Purpose: SERVICE
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Adv. Krupa Parekh for Plaintiff present.
    None  for Defendant.
    Advocate for plaintiff has filed affidavit of service, TOR.
    The advocate for plaintiff has also filed application for issuance of fresh writ of summons, against defendant no.2.
    Order  Issue fresh writ of summons against defendant no.2.
    Matter is adjd. to 28/02/2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: None  for Plaintiff.
    None for Defendant.
    Matter is adjd. to 29/04/2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Business: Due to Election Holiday declared on 29.04.19
    Therefore, Board is discharge
    Next Purpose: SERVICE
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    
    Date: 30-08-2019
    Business: Advocate Sagar Tambe for plaintiff present.
    On the request of advocate of plaintiff matter adjourned to
    19.10.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Adv Rupa Parekh for plaintiff present filed affidavit of service.
    None for defendant.
    Defendant No. 2 is served suit summons.
    Defendant is directed to register NM on or before next day and to serve copy of Nm prior to next date.
    Adjdto 17.12.2019 for reply of NM.
    Next Purpose: REPLY
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Savla for plaintiff present.
    None for defendant.
    NM is not yet registered by defendant.
    Matter adjd to 28/02/2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv.Anjali Patel for plaintiff.
    None for defendant.
    Despite sufficient opportunity the defendant failed to take back the Notice of Motion and get it registered. Hence, the Notice of motion is dismissed in default for want of prosecution as service and registration.
    Adjd for service to 21-03-2020
    Next Purpose: SERVICE
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present.
    As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization.  No urgency.
    Matter adjd to 09.04.2020  for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: SERVICE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: SERVICE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Business: Wrongly shown on today\''s board.
    Matter adjd to 21.08.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Parties and their respective advocates are absent.
    Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
    Matter adjd to 22.10.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
    Matter adjd to 05.11.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to 26.11.2020  for services
    Next Purpose: SERVICE
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to 21.12.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    None for defendant.
    Matter adjd to 18.01.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 04.02.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 18.02.2021 for Steps/order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: In view of the office orders the matter be placed before the new allotted Court on 16.04.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Due to Covid-19 pandemic none appeared.
    Matter is adjd to 03/07/2021 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: COURT IS VACANT
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Adv Savla for plaintiff present.
    Matter is adjd for steps to 16.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Savla for Plaintiff present.
    	Adv. Mr. Girish Pawar for Defendant present.
    	Matter adj. to 31/03/2022 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Adv. Ms. Aishwarya for Plaintiff present and filed draft Ch/s. alongwith Affidavit in support seeking addition of parties and further seeks leave to register the same.  Leave to register Ch/s. is granted.  Plaintiff is directed to serve the copy of Chamber Summons to the proposed Defendant and file Affidavit of Service by next date.
    	None for Defendant Nos. 1 to 3.
    	Matter adj. to 08/07/2022 for Chamber Summons Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Ms. Swati Ugale for Plaintiff present.
    Plaintiff to get Ch/s. registered.
    Matter adjourned to 29/09/2022 for Ch/s. Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff seeks time to serve chamber summons on defendant.  She also seeks time to tender registered chamber summons on record.  Time granted as a last chance.
    Matter adjourned to 14.12.2022 for chamber summons service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv.Mitra h/f Adv.Krupa Parekh for plaintiff present.  He tendered registered C/S No.1251/22 along with affidavit.
    He also filed affidavit of service of C/S.
    Adv. for plaintiff submits that the copy of C/S is sent to the defendant however, he has not yet received the postal acknowledgement.
    Adv. for plaintiff submits that present as well proposed defendants are duly served.
    None appeared for proposed defendants.
    Matter is adj to 16/02/2023 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As Court time is over, remaining second session board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaintiff a/w Adv. Krupa Parekh for plaintiff present.
    None present for defendant.
    Heard Ld. Advocate for plaintiff
    F.R.S.R following order is passed in C/S No.1251/2022
    ORDER
    1. Chamber Summons No.1251/2021 is allowed in terms of prayer  clause (a) to (c ) which reads as under-
    “(a) Plaintiff may be allowed to add Respondents/proposed Defendants No.4, 5 and 6 as defendants in the plaint as necessary party in the suit being the active co-parcener and member of HUF..
    b) Plaintiff be allowed to amend the plaint as mentioned in    the affidavit in support of Chamber Summons.
    (c) Plaintiff be allowed to amend the title, body of the suit and prayer clause of the plaint in the present suit as mentioned in the affidavit in support of Chamber Summons.”
    2. Plaintiff to carry out amendment within two weeks from date of this order.
    3. On carrying out amendment plaintiff shall serve writ of summons on newly added defendants.
    4. Chamber Summons No.1251/2021 is disposed of accordingly.
    Matter is adj to 23.06.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    The plaintiff has not complied the order dated 06.04.2023.
    Matter is adj to 07.10.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and her counsel are absent.
    Order below Exh-1
    The plaintiff and her counsel are absent. It is found on perusal of the record and proceedings that CS No. 1251/2021 filed by the plaintiff for adding three persons as defendants No.4, 5 and 6 was allowed. It was the contention that those persons were necessary parties. The said CS was allowed by the order dated 06.04.2023 and the amendment was to be carried out within two weeks from the date of the said order. By the said order, the plaintiff was also directed to serve the writ of summons on newly added defendants.  However, the plaintiff has not complied with this order by adding those persons as defendants. The matter was adjourned to 23.06.2023, then 01.09.2023. As the plaintiff failed to comply with the order dated 06.04.2023, the suit was adjourned to 07.10.2023 i.e. today for dismissal order.  Today also the plaintiff and her counsel are absent. The plaintiff failed to comply with the order dated 06.04.2023 and therefore, the suit is hereby dismissed under Order-39, Rule-11 of CPC for non-compliance of order.
    Nature Of Disposal: DISMISSED
    Disposal Date: 07-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107774/2018
    Filing Date: 13-06-2018
    First Hearing Date: 26th November 2018
    Decision Date: 07th October 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    07 Oct 2023

    Order Details: Other Pdf Text: 10 07/10/2023 SUM 166/21 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and her counsel are absent. Order below Exh-1 The plaintiff and her counsel are absent. It is found on perusal of the record and proceedings that CS No. 1251/2021 filed by the plaintiff for adding three persons as defendants No.4, 5 and 6 was allowed. It was the contention that those persons were necessary parties. The said CS was allowed…

    Read Full Order
    Order 1Full order available
    07 Oct 2023

    Order Details: Other Pdf Text: 10 07/10/2023 SUM 166/21 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and her counsel are absent. Order below Exh-1 The plaintiff and her counsel are absent. It is found on perusal of the record and proceedings that CS No. 1251/2021 filed by the plaintiff for adding three persons as defendants No.4, 5 and 6 was allowed. It was the contention that those persons were necessary parties. The said CS was allowed…

    Read Full Order

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