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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Kantilal Bastimal JodhavatVsMr. Sharad Dattar Karangutkar

CNR MHCC01007337201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 01st July 2024

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100712/2018
Registration Date
11 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 04-09-2018
    Business: Adv. B. S. Patil for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff seeks time for service hence,
    Matter is adjd. to 05/12/2018 for Service.
    Next Purpose: REPORT
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
    Matter is adjd. to 20/02/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Adv. B. S. Patil for Plaintiff present.
    Adv. Karamchandani for Defendant present.
    Matter is adjd. to 02/04/2019 for filing S/J.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv for deft Mr. Karamchandani present
    Matter is Adjd for Steps to 20/08/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. B.S. Patil for plaintiff.
    Adv. Karam chandani for Defendant no 1.
    Exh.1- Plaint.
    Exh.2- Address Memo
    Exh.3- Vakalatnama
    Exh.4- List of documents
    Ex.5- Joint Affidavit of service.
    Defendant no.2 is served with suit summons. He is absent. Suit
    to proceed Ex-parte against defendant no.2.
    Ex.6- List of original documents.
    Draft SJ @ Affidavit filed by Adv for plaintiff.
    Leave granted to register. Copy be served to other side.
    Adjd for service of SJ on 21/10/2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: Holiday declared on account of election.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Adv. B.S. Patil for plff present.
    Registered SJ 240/19 @ affidavit filed by plff.
    Adjd. to 10.01.2020 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. B.S.Patil for plaintiff present. Plaintiff present.
    Adv. Karamchandani for defendant No.1.
    Adjd to 24.03.2020 for SJ Service
    Next Purpose: SERVICE
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: SERVICE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present.
    Adjd to 20-04-2021
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Adjd as per officer order
    Next Purpose: SERVICE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 01.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. B. S. Patil for the plaintiff present.
    None for defendant.
    Matter is adjd. to 05/01/2022 for SJ service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: None present.
    Matter is adjd. to 25/02/2022 for SJ service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2022
    
    Date: 05-01-2022
    Business: None present.
    Matter is adjd. to 25/02/2022 for SJ service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: None present.
    Since the suit is for service on SJ on deft. But, no one is appeared from the side of the parties. Otherwise the necessary order for SJ dismissal  will passed.
    Matter is adjd for SJ dismissal to 18-06-2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: P.O. is on Leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: As court is vacant
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: As court is vacant
    Next Purpose: DISMISSAL
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: As per Office Order No.229 of 2022 dt.31.10.2022, matter is adjourned to 10-12-2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: As court is vacant
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: As court is vacant
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: As court is vacant.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None present.
    KB.
    L.O. at 4.40 pm.
    Adv. Balbheem patil present for plaintiff.
    Matter stands adjourned for dismissal on 01-09-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Balbheem Patil for plaintiff is present.
    None present for defendant.
    No steps taken. Hence, put up for dismissal on next date.
    Matter stands adjourned to 07/10/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: None present.
    KB.
    L.O. at 1.10 pm.
    Adv. Balbheem Patil present for plaintiff, tendered service affidavit of SJ TOR.
    As per the tracking report the SJ is served upon the defendant, but he failed to file reply, hence proceed ex-parte.
    The plaintiff also tendered claim affidavit TOR.
    None present for defendant.
    Matter stands adjourned for Ex-parte evidence on 20-11-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv.Balbheem Patil present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 28-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: As Presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: None Present.
    KB.
    L.O. at 3.30 pm.
    None present.
    Matter stands adjourned for argument on 05-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: Adv.Balbheem Patil present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 14-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Adv. Balbheem Patil present for plaintiff.
    None present for defendant.
    The following documents are exhibited under the list Exh.6.
    The Document at Sr.No.1 is an original loan receipt for Rs. 2,00,000/- dated 05/12/2015 TOR marked as Exh.9.
    The Document at Sr.No.2 is the copy of demand notice dated 05/02/2018 alongwith original two postal receipts and originals and A/D card and one return packet TOR marked as Exh.10.
    Matter stands adjourned for further evidence/argument
    on 18-04-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: None present.
    Kept back.
    L.O. at 3.15 pm.
    None present.
    Matter stands adjourned for R/E on 01-07-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: None present.
    Kept back.
    L.O. at 1.00 pm.
    Adv. Balbheem Patil present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for Judgment No.240 of 2019 in Summary Suit No.712 of 2018, is hereby allowed.
    2.Summary Suit No.712 of 2018, stands partly decreed with costs.
    3.Defendant do pay the plaintiff sum of Rs.2,00,000/- alongwith interest at the rate of 9 percent per annum from 05/02/2018, till its full realisation.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    6.Summons for Judgment disposed of accordingly.
                    (Order dictated and pronounced in open Court)
    Nature Of Disposal: ALLOWED
    Disposal Date: 01-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108052/2018
    Filing Date: 19-06-2018
    First Hearing Date: 04th September 2018
    Decision Date: 01st July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    01 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.240/2019 MHCC010101462019 Presented on : 05/10/2019 Registered on : 05/10/2019 Decided on : 01/07/2024 Duration : 04Y 08M 28D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.240 OF 2019 (CNR NO.MHCC01-010146-2019) IN SUMMARY SUIT NO.712 OF 2018 Mr. Kantilal Bastimal Jodhavat, Of Mumbai an adult Indian Inhabitant, Occupation Business, having his address at Room No.1603, Siddhesh Apartment, Khataralli Lane, C. P. Tank, Mumbai – 400…

    Read Full Order
    Order 1Full order available
    01 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.240/2019 MHCC010101462019 Presented on : 05/10/2019 Registered on : 05/10/2019 Decided on : 01/07/2024 Duration : 04Y 08M 28D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.240 OF 2019 (CNR NO.MHCC01-010146-2019) IN SUMMARY SUIT NO.712 OF 2018 Mr. Kantilal Bastimal Jodhavat, Of Mumbai an adult Indian Inhabitant, Occupation Business, having his address at Room No.1603, Siddhesh Apartment, Khataralli Lane, C. P. Tank, Mumbai – 400…

    Read Full Order

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